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How do I know if I qualify for social security disability benefits? How long must I not be able to work to qualify for benefits?
That is a good question. Whether you qualify for disability benefits under social security depends on whether you are found “disabled” by Social Security. Once found “disabled” you will qualify for Social Security Disability Insurance Benefits (SSD) if you have contributed enough to social security through wage deductions, and/or will qualify for Supplemental Security Income (SSI) if your total countable assets fall below a certain amount. The details of both SSD and SSI are beyond the scope of this answer, but an individual must be found “disabled” to qualify for benefits under both programs. We will start at the beginning of the “disability” analysis to help you determine whether you may qualify for benefits.
A person is “disabled” under social security rules if he or she is unable to engage in substantial gainful activity as a result of a disabling condition or conditions for a period of at least twelve (12) consecutive months or the conditions likely to result in death. Additionally, a person must no longer be able to perform his or her past employment or other potential employment as a result of the disabling condition. Note that this is a basic definition that requires more substantial analysis beyond the scope of this answer. Other employment does not necessarily include part-time work. Social security rules require that the person be able to perform his or her past work or other potential employment on a “regular and continuing basis”such as eight (8) hours a day, five (5) days a week, or a substantial equivalent of these hours. Therefore, if someone retains the ability to engage in work on a limited, part-time basis, this fact alone will not preclude a finding of “disabled”. Also, individuals can qualify for a “closed period” of disability benefits if they are unable to work as the result of a disabling condition for at least twelve (12) consecutive months after which they are determined to no longer be disabled.
Let’s use an example to illustrate these basic rules. Assume that Scott was working as a machinist. One weekend, Scott was in a car accident. This car accident left Scott in a permanently disabled condition such that he can no longer perform his job as a machinist or any other employment. (Assume the SSA definition of “disabled” is satisfied). Without the disabling condition, Scott would most likely be able to perform some other occupation. For example, Scott could have engaged in other employment such as construction, manufacturing, or many other potential jobs. If Scott’s condition is sufficiently severe that he cannot perform his former position as a machinist or any other potential employment, Scott will be found disabled and, therefore, entitled to disability benefits.
What if Scott’s disabling condition is such that he has the ability to work part-time at either his former job or other employment? So long as Scott’s condition does not allow him to engage in employment on a “regular and continuing basis” such as eight (8) hours, five (5) days a week or a substantial equivalent, Scott must still be found disabled under social security rules. Therefore, Scott’s ability to work twenty (20) hours per month will not preclude him from qualifying for disability benefits.
With respect to the amount of months missed as a result of the disabling condition, if Scott missed only three (3) or four (4) months of work as a result of his injuries before returning to his former employment on a “regular and continuing basis”, he will not qualify for social security disability benefits since he will not meet the minimum twelve (12) month requirement. On the other hand, if Scott missed fourteen (14) consecutive months of work before returning to his position full-time, then he may qualify for a “closed period” of disability benefits for that fourteen (14) month period. If the individual qualifies for SSD, the individual does not receive the first five (5) months’ worth of benefits. If the individual qualifies for SSI, he or she will receive the full fourteen (14) months’ worth of benefits. Again, if Scott’s disabling condition has rendered him unable to engage in any work for at least twelve (12) consecutive months and this disability is ongoing, Scott will be entitled to continuing monthly social security disability benefits.
If your disabling condition is permanent and prevents you from engaging in past employment and other potential employment, then social security may find you disabled and entitled to monthly benefits under SSD and/or SSI depending on your contributions to social security and your total assets.
Should you have any questions regarding social security benefits, or if you would like to consult with an attorney, please contact our office.