How Do You Qualify for Disability: Requirements and Eligibility for SSDI Benefits
Navigating the complex process of qualifying for disability benefits in Nevada can be challenging and time-consuming. For many Silver State residents living with disabilities, understanding the requirements and steps involved is crucial to securing the support they need.
Knowing if you qualify for SSDI plays a vital role before you begin the application process. Our team at Harris Disability Law helps clients across Las Vegas and Nevada understand these complex requirements. We ensure that they meet the requirements set by the government.
If you or someone you know needs help with a new application or appealing a denied claim, our team can help.
For many years, Harris Disability Law has successfully represented clients in their SSDI cases. Our team of experienced attorneys specializes in social security disability cases and is dedicated to fighting for the rights and benefits of individuals with disabilities.
Contact our office today to discuss your situation in more detail.
Eligibility for SSDI Benefits
Social Security Disability Insurance (SSDI) is a federal program that provides financial assistance to individuals who are unable to work due to a disability. It is designed for those who have worked and paid Social Security taxes, as well as their dependents.
Unlike Supplemental Security Income (SSI), which is based on financial need, SSDI is based on your work history and contributions to the Social Security system.
The Social Security Administration (SSA) has two basic eligibility requirements for SSDI benefits. You must:
- Have worked and paid Social Security taxes for a certain amount of time
- Have a disability that meets the SSA’s definition of “disability”
Work History Requirement
The SSA calculates your SSDI eligibility using a recent work test and a duration work test.
This is done through the work credit system.
What Are Work Credits?
Work credits are earned by paying Social Security taxes on your wages. The amount of income you need to earn a work credit changes each year.
In 2024, for example, you can earn one credit for every $1,730 in covered earnings. The maximum is four credits per year, so annual earnings of $6,920 will get you all possible credits.
Recent Work Test Requirements
The number of work credits you need depends on your age when you become disabled. These are the main requirements:
- If you’re 31 or older: You need 20 credits from the last 10 years before your disability started
- If you’re between 24 and 31: You must work half the time between age 21 and your disability onset
- If you’re under 24: You need 6 credits from the 3-year period before your disability began
In addition, people with statutory blindness should know they only need to meet the duration of work test. The recent work test requirement doesn’t apply to them.
Note that the number of credits won’t change your benefit amount. Your average earnings throughout your working years determine your monthly payment.
Income Limitations
While the SSA doesn’t list an income limit for SSDI eligibility, earning substantial amounts of money could affect your claim.
Substantial gainful activity (SGA) describes a level of work and earnings.
A person earning above the monthly SGA amount will be automatically denied.
In 2024, this amount is $1,550 for non-blind individuals and $2,590 for blind individuals.
Disability Requirement
The second requirement to qualify for SSDI benefits is having a disability that meets the SSA’s definition. You are considered disabled if the following are true:
- You can’t do work at the substantial gainful activity (SGA) level because of your medical condition
- You can’t do the same work as before or adjust to other work because of your medical condition
- Your medical condition/disability is expected to last for at least a year or result in death
The SSA maintains a strict definition of disability that is different from other programs. SSDI only covers total disability – there are no benefits available for partial or short-term disability.
Our team at Harris Disability Law understands this process and can help gather the necessary evidence to prove your disability and increase your chances of approval.
Qualifying Medical Conditions
A condition must be “medically determinable” and result from anatomical, physiological, or psychological abnormalities, proven through clinical and laboratory diagnostic techniques, to qualify as a disability by the SSA.
The SSA provides a Listing of Impairments, which includes conditions like cancer, heart disease, and mental disorders that automatically qualify for disability benefits. If your condition isn’t on this list, the SSA will assess your ability to work and perform daily tasks to determine your eligibility for benefits.
Duration Requirements
The duration criterion is often overlooked by many applicants. As mentioned above, SSDI doesn’t have short-term disability or a medical condition preventing you from working for period of 1 year or less. Your condition must meet one of these requirements:
- Lasted for at least 12 continuous months
- Be expected to last for at least 12 months
- Be expected to result in death
It’s worth mentioning that we cannot combine two or more unrelated severe impairments to meet this 12-month duration requirement.
In addition, you also need to file your disability within five years of stopping work. This is called the “date last insured” (DLI). If you have a long-term disability, but don’t file for SSDI until after your DLI, you won’t be eligible for benefits.
SSA’s 5-Step Evaluation Process for Disability
The SSA uses a 5-step evaluation process to determine if an individual qualifies for SSDI benefits.
- Are you working at the SGA level?
- Is your condition considered severe?
- Does your medical condition meet or equal one of the conditions on the Listing of Impairments?
- Can you do any of the work you did before?
- Can you do any other type of work?
Special Considerations
When it comes to Social Security Disability Insurance (SSDI) benefits, there are special considerations that vary depending on your circumstances. Different groups, such as veterans and young adults, may have specific requirements and eligibility criteria.
To navigate these complexities and ensure the best possible outcome, it’s highly recommended to consult with an experienced SSDI lawyer. These professionals have a deep understanding of the SSDI process and can provide personalized guidance tailored to your unique situation.
By working with an SSDI lawyer, you can maximize your chances of approval and streamline the application process, giving you the best opportunity to receive the benefits you deserve.
Seeking Legal Representation
Navigating the SSDI eligibility requirements can be overwhelming, especially when dealing with a disabling condition. At Harris Disability Law, we are dedicated to helping individuals pursue their rightful disability benefits.
Our experienced attorneys have a deep understanding of the SSDI eligibility requirements and can guide you through every step of the process. We offer personalized attention and advocacy to ensure that you receive the full amount of benefits you deserve.
Don’t hesitate to reach out to us today for a consultation and find out how we can help you navigate this complex system to secure your SSDI benefits.
Frequently Asked Questions
What is the maximum income to qualify for SSDI benefits?
The Social Security Administration (SSA) bases eligibility for SSDI benefits on your ability to perform substantial gainful activity (SGA). In 2024, the monthly SGA limit is $1,550 for non-blind individuals and $2,590 for blind individuals. If you earn more than these amounts, you will not qualify for SSDI benefits. However, certain expenses related to your disability may be exempted, so it’s worth consulting a professional for guidance.
What medical conditions qualify for SSDI benefits?
The SSA provides a Listing of Impairments, which includes conditions like cancer, heart disease, chronic respiratory disorders, and mental health conditions. If your condition is not listed, the SSA will evaluate how it limits your ability to work. To qualify, your condition must be medically determinable and expected to last at least 12 months or result in death.
Can I qualify for SSDI if I’ve never worked?
SSDI benefits are generally based on the work credits you’ve earned by paying Social Security taxes. However, if you haven’t worked, you may still qualify for Supplemental Security Income (SSI) if you meet specific financial and disability criteria. It’s recommended. that you contact an experienced disability lawyer to help you with your specific situation.
Do I need to hire an attorney when applying for SSDI benefits?
While it’s not mandatory to have legal representation, working with an experienced SSDI attorney can significantly improve your chances of approval. An attorney can help gather evidence, ensure your application is complete, and represent you during appeals if needed. Given the complexity of the SSDI system, having professional guidance can make the process less stressful and more efficient.
How many work credits do I need to qualify for SSDI benefits?
The number of work credits you need depends on your age and the year in which you became disabled. In general, you need to have earned 40 work credits, with 20 of those being earned within the last 10 years leading up to your disability. Younger individuals may qualify with fewer work credits.
Can I work while receiving SSDI benefits?
The SSA does allow some level of work while receiving benefits, but there are limitations and restrictions. If you earn above the SGA amount or your disability improves to the point where you can return to substantial gainful activity, your benefits may be terminated. It’s important to consult with an experienced lawyer for guidance on this matter.
What if my condition isn’t on the Listing of Impairments?
If your condition isn’t on the list, it doesn’t mean that you won’t qualify for benefits. The SSA will evaluate your ability to work and perform daily tasks and determine if your condition meets their definition of disability.