Top Ten Questions About Social Security Disability

  1. What is the definition of “Disability” under the Social Security Act?
    20 CFR 404.1505 – The inability to do any substantial gainful activity by reason of a medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
  2. What is a disabling impairment?
    20 CFR 404.1511 – An impairment (or combination of impairments) which, of itself, is so severe that it meets or equals a set of criteria in the Listing of Impairments, or which, when considered with your age, education and work experience would result in a finding that you are disabled under 404.1594.
  3. What is Supplemental Security Income (SSI)?
    A federally funded program for persons with resources under the federal poverty limit who do not have insured status. The definition of disability is the same as it is for Social Security.
  4. Can I receive disability if I am able to work in the future?
    Yes. If you are not able to work for 12 months or more. CONTACT US for more detailed information.
  5. Is my age taken into consideration in determining whether I am disabled?
    Yes. There are separate rules for different ages. CONTACT US for more detailed information.
  6. Is my education taken into consideration in determining whether I am disabled?
    Yes. There are separate rules for different levels of education. CONTACT US for more detailed information.
  7. Is my past work taken into consideration in determining whether I am disabled?
    Yes. There are separate rules about different work experiences. CONTACT US for more detailed information.
  8. Are my physical limitations taken into consideration in determining whether I am disabled?
    Yes. There are separate rules for different levels of physical limitations. CONTACT US for more detailed information.
  9. Are my mental limitations taken into consideration in determining whether I am disabled?
    Yes. There are separate rules for different levels of mental limitations. CONTACT US for more detailed information.
  10. Can I try to return to work after I am awarded Social Security Disability benefits?
    Yes. The regulations encourage attempts to work. Under some circumstances attempts to work are permitted while you continue to receive benefits. CONTACT US for more detailed information.