Noteboom The Law Firm

The 2 Main Things that Define Disability

When applying for Social Security disability benefits, the Social Security Administration (SSA) will look at 2 main factors when determining if you qualify as disabled.

The two qualifications your disability must meet to apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) are: 

• your disability prevents you from performing substantial gainful activity; and
• your disability has lasted or can be expected to last for 1 year or more or to result in death. 

The reasoning behind this is that SSDI and SSI do not pay for partial disability or short-term disability. If you are still able to perform some form of gainful work you are not considered eligible to receive disability benefits. Likewise, if you are only expected to be disabled for a short period of time, you are also ineligible.

Social Security disability benefits claims can take several months to process. If your disability is not expected to last more than 1 year, the SSA may deny your claim based on the premise that your disability may be a non-issue by the time your claim is processed.

When determining disability for children, the same basic rules apply. However, in many cases the child may be too young to be able to demonstrate the ability or inability to perform substantial gainful activity. In these cases, your claim will need excellent evidence of your child's physical or mental impairment and the impact it is expected to have on their working ability.

When filing for Social Security disability benefits it's important to understand what the SSA looks at when defining disability for a benefits claim. Working with an experienced Ft. Lauderdale Social Security disability attorney for guidance in providing evidence for your claim greatly increases the chances that you will build a comprehensive claim. 

Contacting a Ft. Lauderdale Social Security Disability Attorney 

If you or your dependant child have been diagnosed with a severe physical or mental disability, you may qualify for Social Security disability benefits. Contact a Social Security disability attorney who can help determine your eligibility.

Get a FREE Social Security disability guide and avoid the common mistakes many claimants make during their application or appeal. If you or your loved are suffering from a severe physical or mental disability, contact The Law Offices of LaVan & Neidenberg, P.A. 1-888-234-5758