Law & Legal & Attorney Government & administrative Law

What are Requirements for Disability?

    Application

    • In order to receive disability, you must apply. There is a toll-free number to call to set up an appointment at your local Social Security office, or you can apply online. You should begin the application process as soon as you become disabled because it can take up to five months to process an application. You will have an interview with a claims representative where you will have to provide non-medical requirements such as your social security number, birth certificate, your most recent W-2 and a description of your latest job and the duties performed. You must also provide medical records and your current prescriptions and dosage.

    Work History

    • If you are currently working and your monthly average income is greater than the amount set by the Social Security Administration, you are generally not considered disabled. According to Freedom Disability, if you are currently making more than $1,000 a month, you do not meet the eligibility requirements. However, the amount changes yearly. In order to be eligible, you must also pass the "recent work" test saying you have been employed for at least five out of the last 10 years. Next, you must pass the "duration of work" test saying that you paid into Social Security while working.

    Medical Condition

    • Your medical condition must be deemed severe to receive benefits. The Social Security Administration publishes a list of impairments, and you are more likely to receive benefits if your condition is on the list. If your medical condition keeps you from doing the work you did before, then the state agency will decide if you would be able to work elsewhere. If they decide you have the skills and ability to do a different job, you will not be approved for disability.

    Decision

    • The state agency will make a decision concerning your disability status. You will receive a letter saying you were either approved or not approved. If you were approved, the letter will include the start date of your benefits. If you were not approved and wish to appeal, there are steps you can take to do so. At that point, you may consider hiring representation to argue your case.

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