Social Security disability is a social insurance program designed to protect the elderly, survivors, and the disabled. Disability under Social Security is based on a person’s ability or inability to perform work. People are considered disabled if they are unable to do the work they did before their disability and Social Security decides that they would be unable to adjust to other work due to their medical condition. A disability must also be expected to last for at least one year. To qualify for Social Security disability, the government will determine if you are disabled using the following five questions: - Are you presently working?
- If you are currently working and earning $900 or more a month, you cannot generally be considered disabled.
- Is your condition “severe”?
- To be considered disabled, your condition must interfere with basic work-related activities.
- Is your condition on Social Security’s list of disabling conditions?
- If your condition is on the list, you are considered disabled. If not, Social Security must evaluate whether your condition is of equal severity to those on the list.
- Can you do the work you did previously?
- Your disability must interfere with your ability to do the work you did before your injury.
- Can you perform another type of work?
- If you cannot perform the work you did before, Social Security will determine whether you are able to adjust to other work.
If you are planning on applying for Social Security disability insurance or if you have been wrongfully denied benefits, contact McElyea & Barnard, P.A., in Orlando. A Central Florida social security disability lawyer from our team can help you understand your rights and obtain fair compensation. |