Part 1 - Introduction To Disability And Social Security

Disability is something most people don't like to think about. The chances of your becoming disabled are probably greater than you realize. In fact, studies show that one out of four young workers will become disabled some time during his or her lifetime.

It's a fact that, while most people spend time working to succeed in their jobs and careers, few think about ensuring that they have a safety net to fall back on should the unthinkable happen. This is where Social Security comes in. The Social Security Administration pays cash benefits to people who are unable to work for a year or more because of a disability. Benefits continue until a person is able to work again on a regular basis, and a number of work incentives are available to ease the transition back to work.

What the Social Security Administration Means By "Disability"

It's important that you understand how Social Security defines "disability." That's because different programs have different bases for determining disability. Some programs may pay for partial disability or for short-term disability. Social Security does not.

Disability under Social Security is based on your inability to work. You will be considered disabled if you are unable to do any kind of work for which you are suited and your disability has lasted or is expected to last for at least a year or to result in death.

Some consider this a strict definition of disability and it is. The program assumes that working families have access to other resources to provide for themselves when someone in the family can not do so. Benefits continue as long as you remain disabled. Support during periods of short-term disabilities, including workers' compensation, insurance, savings, and investments. It is designed to provide a continuing income to you.

Who Can Get Social Security Disability Benefits?

You can receive Social Security disability benefits at any age. If you are receiving disability benefits at age 65, they become retirement benefits, although the amount remains the same. Certain members of your family may also qualify for benefits on your record. They include:

• Your unmarried son or daughter, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under 18 or under 19 if in high school full time.
  
• Your unmarried son or daughter, 18 or older, if he or she has a disability that started before 22. (If a disabled child under 18 is receiving benefits as a dependent of a retired, deceased, or disabled worker, someone should contact Social Security to have his or her checks continued at 18 on the basis of disability.)
  
• Your spouse who is 62 or older, or any age if he or she is caring for a child of yours who is under 16 or disabled and also receiving checks.

Certain family members may qualify for disability benefits if you should die. They include:

• Your disabled widow or widower 50 or older. The disability must have started before your death or within seven years after your death. (If your widow or widower caring for your children receives Social Security checks, she or he is eligible if she or he becomes disabled before those payments end or within seven years after they end.)

Disability Benefits For People With HIV Infection

People with HIV infection or AIDS may also qualify for disability benefits when they are no longer able to work. Some people with HIV infection that has not progressed to AIDS may be just as severely disabled as a person with AIDS and, therefore, just as likely to qualify for disability.

Disability Benefits For People With Hepatitis C Infection

Download this paper. The paper is informational for representatives of SSDI and SSI claimants to help them understand the nature of Hepatitis C, its treatment, and the side effects of said treatments, and to apply this information in the representation of claimants with Hepatitis C at administrative law hearings. This paper is not in any way to be construed as a medical study of Hepatitis C. 

Download the Hepatitis C Disability Paper
Download the Hepatitis C Disability Bibilography

Disability Benefits For Children

While this booklet focuses on disability benefits under the Social Security program, disability benefits to children are made under the SSI program. The information is included in this section because of the concern that many parents are not aware of the disability payments available to children.

SSI pays disability benefits to needy people of any age, including children, A different definition of disability applies for children since children generally do not work. Under SSI, a child is considered disabled if his or her physical or mental condition is so severe that it results in marked and severe functional limitations. The condition must last or be expected to last at least 12 months of be expected to result in the child's death. And, of course, the child must not be working at a job that the Social Security Administration consider to be substantial work

Social Security disability benefits are paid to children age 18 or older who were disabled before age 22, if they have a parent who is receiving Social Security retirement or disability benefits, or is deceased. Under both Social Security and SSI, children age 18 or older are considered disabled of they meet the adult definition of disability, i.e., their condition must be severe enough to prevent them form doing any kind of work for which they are suited.

How Much Work You Need

To qualify for Social Security disability benefits, you must have worked long enough and recently enough under Social Security. You earn up to a maximum of four credits per year. The amount of earnings required for a credit increases each year as general wage levels rise. Family members who qualify for benefits on your work record do not need work credits. The number of work credits needed for disability benefits depends on your age when you become disabled. Generally you need 20 credits earned in the last 10 years ending with the year you become disabled. However, younger workers may also qualify with fewer credits: The rules are as follows:

• Before age 24 - You may qualify if you have six credits earned in the three-year period ending when your disability starts.
  
• Age 24 to 31 - You may qualify if you have credit for having worked half the time between 21 and the time you become disabled. For example, if you become disabled at age 27 you would need credit for three years of work (12 credits) out of the past six years (between age 21 and age 27).
  
• Age 31 or older - In general, you will need to have the number of work credits shown in the chart shown below. Unless you are blind, at least 20 of the credits must have been earned in the 10 years immediately before you became disabled.