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Excerpted from "Social Security Handbook". See the up-to-date, official Social Security Handbook at ssa.gov.

Definition of Disability for Disabled Worker's Benefits

0507

507. Definition of Disability for Disabled Worker's Benefits

507.1 When are you considered "disabled"?

You are considered "disabled" and entitled to disabled worker's benefits if you meet the following conditions:

  1. You are unable to engage in any substantial gainful activity (see §603) because of a physical or mental impairment (see §601). You must not only be unable to do your previous work, but also any other type of work considering your age, education, and work experience (see §609);

    Note: It does not matter whether such work exists in your immediate area, whether a specific job vacancy exists, or whether you would be hired if you applied for work.

  2. Your impairment(s) must be established by objective medical evidence;

  3. It is expected that your impairment(s) will either result in death or last for at least 12 months in a row; and

  4. You must meet the non-medical criteria needed to be insured by the program.

Note: The definition of disability above also applies to adults (persons age 18 or over) for determining eligibility on the basis of disability under the SSI program.

507.2 Is blindness considered a disability?

Yes. For Social Security purposes, "blindness" is either of the following:

  1. Central visual acuity of 20/200 or less in the better eye with the use of a correcting lens; or

  2. A limitation in the field of vision so that the widest diameter of the visual field is an angle of 20 degrees or less (tunnel vision).

Note: The same definition of blindness applies to all applicants for purposes of determining eligibility on the basis of blindness under the SSI program.

507.3 How is disability determined for blind persons who are age 55 or older?

Under title II, there is a special blindness rule if you are a blind worker who is at least 55. You are considered disabled if the following conditions are met:

  1. You cannot engage in substantial gainful activity because of your blindness; or

  2. You cannot engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity that you previously could do with some regularity and over a substantial period of time.

No benefits are payable for any month that you engage in substantial gainful activity. (See §505(C).)

507.4 Are impairments relating to your commission of a felony covered by disability cash benefits?

Under title II, if you committed a felony after October 19, 1980, you are not entitled to disability cash benefits if:

  1. Your impairments (or the aggravation of preexisting impairments) are related to your commission of the felony; or

  2. Your impairments (or the aggravation of preexisting impairments) are related to your confinement in a correctional facility for the conviction of the felony.

507.5 Can a period of disability be established for impairments relating to your commission of a felony?

Although you may not be eligible for cash benefits, your confinement-related impairments and impairments aggravated by your confinement may be used to establish a period of disability. You can apply to have your Social Security records show how long you are disabled. If a period of disability is established, the months in that period of time are not counted in computing your average earnings for any future benefits.

507.6 Are impairments relating to drug or alcohol abuse covered by disability benefits?

For both title II and title XVI, you cannot be considered disabled if drug or alcohol abuse is a contributing factor of disability. This is true regardless of age.

(See §512, §515, and §517, respectively, for definitions of disability relating to establishing a period of disability, establishing entitlement to disabled widow(er)'s benefits, and benefits for a disabled son or daughter age 18 or over.)

(See Chapter 6 for a further explanation of how disability is evaluated.)

Last Revised: Jan. 22, 2008


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Comments

im 20 an was wondering can i get my dad benifit

September 25, 2010 by Guest

IM 20 my dad past about when i was ten he didnt sign the birth certificate but i also hav an half sister that dey know is his she got social security until 21 what should i do could i get back time or something

Paternity issues with survivor benefits

September 26, 2010 by David Luhman

This is something you will want to work directly with Social Security or perhaps another adviser such as a lawyer.

Generally, the SSA will require documentation (signed birth certificate, DNA tests etc.) proving paternity. What exactly determines paternity varies from state to state.

Sometimes, depending on the state, even "informal acknowledgment" of paternity is acceptable, but it must be "continuous, habitual, and unequivocal nature, and of sufficient frequency that there can be little doubt that the alleged father truly believed himself to be the child's father."

https://secure.ssa.gov/apps10/poms.nsf/lnx/1502005021

im 20 is it to late to apply for survivor benefits

September 30, 2010 by Guest

Im so confused because i keep getting different answer Is 20 to old to apply for survivor benefits

Survivor benefits for children

September 30, 2010 by David Luhman

A deceased worker's unmarried children who are younger than age 18 (or up to age 19 if they are attending elementary or secondary school full time) also can receive survivor benefits. Children can get benefits at any age if they were disabled before age 22 and remain disabled.

http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/185

Survivors benefits

October 5, 2010 by Guest

I have 2 children with a deceased worker. Who were born out of wedlock. I was pregnant at the time of his death. I receive survivor's benefits for my oldest and i'm trying to get it for the youngest. What kind of proof can i use since i can't get a paternity test to show relationship?

Disability

November 18, 2010 by Guest

I have chronic Hep C with all the hepatic manifistations CFS, chronic nausea, and many others which are subjective to standard tests and diagnosis. I am 54 seeing a phsychiatrist for severe dpression and anxiety disorder. prior to undergoing a chemo treatment which can last 6mths to 1 year. can i still qualify for benifits.

Social Security Disability and Hepatitis C

November 19, 2010 by David Luhman

It's certainly possible that you may qualify for disability benefits, and you should inquire with the SSA to explore this.

See the following excerpt from "Disability Evaluation Under Social Security", also known as the Blue Book :

We evaluate all types of chronic viral hepatitis infections under 5.05 or any listing in an affected body system(s). If your impairment(s) does not meet or medically equal a listing, we will consider the effects of your hepatitis when we assess your residual functional capacity.

http://www.ssa.gov/disability/professionals/bluebook/5.00-Digestive-Adul...

Workers Comp/Disability

December 13, 2010 by Guest

I was injured in an auto accident on the job in 2009. My job of 10 years terminated my employment after 120 days of not being released to go back to work. A year later I am now released with restrictions and only able to do light duty work. Workers Comp closed my file after sending me for an MMI rating which was a 5% on my back. I have herniated L4-L5 & L5-S1. I'm no longer able to work in the field I was in and do not have a degree. I did secretarial work for 20 years prior to the last job and can not get a job in the secretarial field due to not having a degree. What are my options? Can anyone help with this? Would really appreciate any assistance at all.

Thank you

Applying for Social Security disability

December 14, 2010 by David Luhman

You don't indicate if you've applied for Social Security disability. It sounds like you can do light work, so qualifying for Social Security disability may be problematic. Still, it's worth looking into.

http://www.ssa.gov/d&s1.htm

lung cancer benefits?

May 19, 2011 by Guest

Hi SSDI.

i had surgery in both lungs first in 1997 and then again in 2003 to remove lung cancer.

i am very tired, hard to breath - is there anything in SSID codes for this disorder?

Thanks soo much.

Lung cancer disability benefits

May 19, 2011 by David Luhman

Yes, this is certainly worth investigating. Whether there is a disability award depends on the type and stage of the lung cancer. In fact, a disability award is expedited for some lung cancer cases under a "Compassionate Allowance" (CAL) initiative.

http://www.ssa.gov/dibplan/d&s1.htm

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