How Disabled Do You Have to Be to Get Social Security Disability Benefits?
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You do not have to be "totally disabled" or an invalid! For many claimants, you only have to be disabled from your former type of work. The Social Security Administration will take into consideration your age, education and past work experience in deciding if you are disabled under their rules. Every case is unique.
Under Social Security law, the terms "disability" or "disabled" are legal terms used by Administrative Law Judges (ALJ's). These terms are different than medical terms such as "impairment" or "diagnosis" or "prognosis".
In order to be considered “disabled” by the Social Security Administration (SSA), you must have medical evidence to prove the functional restrictions caused by your physical or mental impairment. You must have a physical or mental condition severe enough to keep you from working for at least 12 months, or expected to last 12 months or result in death. The SSA will consider your age, education, and past work when deciding whether you should be found disabled.
For many claimants under age 50, they will have to prove that they are unable to do most types of work. For those over age 50, sometimes they will only have to prove that they are unable to do their past work, considering their education, training and physical capabilities. For example, Social Security will often award disability benefits to a 57 year old plumber with a high school education rather than force him to return to a desk job.
ABOUT THE AUTHOR: Troy G. Rosasco
Troy G. Rosasco is one of the leading disability lawyers in the New York metropolitan region. His practice has spanned all areas of disability benefits law, including New York Workers' Compensation claims, Social Security Disability claims, 9/11 Zadroga Act claims, Construction Site Accidents, Veterans disability claims, and ERISA and Individual Private Long Term disability claims and Civil Service Disability pensions.
In addition to his duties at the law firm, Troy Rosasco is an Adjunct Professor of Law at St. John's University School of Law where he teaches a course on workers' compensation and Social Security disability law.
A frequent author, lecturer, and expert witness, Mr. Rosasco is the Publisher since 2005 of the New York Disability Law Blog, an award winning website providing information and commentary for injured and disabled workers.
Copyright Turley, Redmond, Rosasco & Rosasco, LLP - Google+
More information about Turley, Redmond, Rosasco & Rosasco, LLP
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
In order to be considered “disabled” by the Social Security Administration (SSA), you must have medical evidence to prove the functional restrictions caused by your physical or mental impairment. You must have a physical or mental condition severe enough to keep you from working for at least 12 months, or expected to last 12 months or result in death. The SSA will consider your age, education, and past work when deciding whether you should be found disabled.
For many claimants under age 50, they will have to prove that they are unable to do most types of work. For those over age 50, sometimes they will only have to prove that they are unable to do their past work, considering their education, training and physical capabilities. For example, Social Security will often award disability benefits to a 57 year old plumber with a high school education rather than force him to return to a desk job.
ABOUT THE AUTHOR: Troy G. Rosasco
Troy G. Rosasco is one of the leading disability lawyers in the New York metropolitan region. His practice has spanned all areas of disability benefits law, including New York Workers' Compensation claims, Social Security Disability claims, 9/11 Zadroga Act claims, Construction Site Accidents, Veterans disability claims, and ERISA and Individual Private Long Term disability claims and Civil Service Disability pensions.
In addition to his duties at the law firm, Troy Rosasco is an Adjunct Professor of Law at St. John's University School of Law where he teaches a course on workers' compensation and Social Security disability law.
A frequent author, lecturer, and expert witness, Mr. Rosasco is the Publisher since 2005 of the New York Disability Law Blog, an award winning website providing information and commentary for injured and disabled workers.
Copyright Turley, Redmond, Rosasco & Rosasco, LLP - Google+
More information about Turley, Redmond, Rosasco & Rosasco, LLP
View all articles published by Turley, Redmond, Rosasco & Rosasco, LLP
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
