In short, the Social Security Administration will pay disability benefits to those who are unable to work because they suffer from a significant impairment. In other words, they have a severe medical condition that limits their ability to earn money.

The U.S. federal government gives a very specific, strict definition of what constitutes disability. Sure, there are many other state program and other private disability programs whose definitions of “disability” may not be as strict. Just because you have been told by your doctor that you’re disabled doesn’t mean that the Social Security Administration will immediately agree that you are disabled. Often, you must have a hearing to decide whether or not you meet the definition of “disabled” according to the federal government.

Sometimes, family members of a disabled worker may be able to receive Social Security benefits as well.

• Your Spouse – If your spouse is 62 years of age or older, or if your spouse is caring for your child (who is younger than 16 years of age or disabled);
• Your Unmarried Children – This includes your adopted children and even grandchildren (if you supply more than 50% of their support). Typically, your child must be under the age of 18. Your 19 year-old child may also be covered if he or she is still in high-school. If your unmarried child is 18 years of age or older, and was determined to be disabled before the age of 22, then your disabled child may also receive benefits on your behalf.

To qualify for benefits, you must first have worked in jobs that allow you to contribute to the Social Security program. You must also be diagnosed with a medical condition that meets Social Security’s definition of “disability”. Next, it must be determined whether your impairment will result in your being disabled for at least one year.

If you’re determined to be disabled, then your benefits will continue until you are once again able to work. If your disability benefits continue past your maximum age of retirement, then your benefits will be converted to retirement benefits.

In determining whether you are disabled, the Social Security Administration will take into consideration the extend and severity of your illness or injury and the impairment that has resulted. They will also consider your work history, your daily limitations, and education.

If the Social Security Administration determines that you are not able to perform the same type of work that you have done in the past, and that you are unable to earn a living otherwise, then you will be found to be disabled.

Supplemental Security Income benefits (SSI) are paid to those persons who are 1) blind, disabled or elderly and 2) have limited or no income. The benefits are paid to cover basic human needs such as clothing, food, and a place to live.

Although the funding for the program comes from a different source, and there is no requirement that the claimant has worked in the past, the determinations for ‘disability’ are the same as those used to determine disability for SSD benefits as discussed above.

Be careful. The Social Security Administration will check up on everything you put on your application, so it would be helpful to know beforehand whether certain family members may also be entitled to benefits if you are found to be disabled. The law here is complex and speaking to a qualified Social Security lawyer will certainly help.

Our office is always ready to take your calls. The call is completely confidential, and free of charge. Call us toll-free at (702) 707-2222 and we will be happy to help.