Disability Benefits for Adults

Adults who are 18 years or older can qualify for Social Security disability benefits if they meet the criteria set out by the Social Security Administration.

There are generally two types of claims they can file. One is called Title II (“2”) and the other Title XVI (“16”). If you’ve worked recently, you’ve most likely paid into a program called “FICA”. This is disability insurance run by Social Security. Like other insurance programs, it will pay you benefits if you become disabled and can no longer work. If you haven’t been working, you can’t qualify under this plan. However, you might qualify for benefits under Title 16 if you can’t work and meet certain earnings restrictions.

Social Security has its own very specific rules. They are different from those of private insurance companies and state rules. Generally, in order to prove that you are disabled, you have to prove that you cannot perform any job available in significant numbers in the national economy due to your condition.

There are about five steps that the agency goes through to determine whether you are disabled. These are: 1) you cannot be earning more than a certain amount each month (the exact amount can be found here: https://www.ssa.gov/OACT/COLA/sga.html; 2) you have to have severe impairments—your condition must be severe enough to significantly limit your daily activities (https://www.ssa.gov/OP_Home/rulings/di/01/SSR85-28-di-01.html) ; 3) your impairments have to either be so severe that they meet certain “listings” (found here: https://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm), 4) or affect your functional abilities such that you cannot perform your past work (https://www.ssa.gov/OP_Home/rulings/di/02/SSR82-62-di-02.html); or 5) any other work in the national economy (https://www.ssa.gov/OP_Home/rulings/di/02/SSR83-14-di-02.html).

For more information on disability benefits for adults, feel free to call and schedule a free consultation. The information contained herein is for general informational purposes only. It is not meant to be legal advice.

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