A Free Guide to Social Security Disability Insurance and Supplemental Security Income Disability Benefits
I am wondering if my child being born with certain medical conditions if I
should apply for SSI for him or if there are other programs available. Also
because of my spinal surgery I am extremely limited in my ability to be on
my feet for long periods of time are there any programs available for me?
Children can apply for SSI. SSI is a need-based
program; the parents must have very limited income and resources for the
child to qualify for SSI. The child’s medical condition must be pretty
severe for the child to be considered disabled. In order for an adult’s
condition to be considered eligible for Social Security and/or Supplemental
Security Income disability benefits, the condition must prevent the person
from doing all types of work for at least 12 months in a row. Lots of jobs
do not require standing for long periods of time.
I
have been told by my orthopedist that I need both knees and my right hip
replaced, my job as millwright is extremely physically demanding and rough
on my joints as is. I’m 51 years old and recently had to adopt my grandsons.
Is there a case for Social Security disability benefits?
That fact that you have adopted your
grandsons will have no bearing on SSA’s decision as to whether or not
you qualify for Social Security disability benefits.
You speak as though you are still
working. You cannot apply for Social Security disability benefits until you are earning
less than $780 per month.
If you apply for Social Security disability benefits, SSA will want copies of all of your medical records. SSA will
particularly be interested in x-rays of your knees and right hip and
range of motion in degrees of your knees and hip. SSA would want a
description from a medical source of your ability to walk in terms of
speed and safety. If you require a cane, crutch, walker,
wheelchair, or mobility scooter, SSA would also want
to know that. The fact that your orthopedist says you need to have
those joints replaced is not enough information to evaluate the severity
of your condition.
Once SSA has all of the information it
needs, it will decide how your condition limits your ability to work.
Sedentary work requires that the worker lift 10 pounds occasionally and
5 to 10 pounds frequently. Judging from your description of your
medical condition, I think it likely that SSA would think that you are
able to do sedentary work. Light work requires lifting 20 pounds
frequently and 10 pounds occasionally. Depending on what is in your
medical records, SSA might or might not think you are able to do light
work. Medium work requires lifting 50 pounds occasionally and 25 pounds
frequently. SSA might even think you can do medium work.
Again, it all depends on the medical evidence.
The Dictionary of Occupational Titles (D.O.T.)
published by The Department of Labor describes the job of millwright as
heavy work. This is skilled work. I think SSA will likely agree that
you cannot perform your past work as a millwright.
For people age 49 and younger, even if
the person cannot do his or past work, as long as he or she can do at
least sedentary work, the case is a denial. For this age group, the
person has to be unable to do even sedentary work in order to be an
allowance. Fortunately for you, as you become older, it becomes easier
to qualify for disability benefits. This is because SSA believes that
as you grow older, you become less able to adapt to other types of work.
For people age 50 to 54, it becomes
easier to be found disabled. For a person in this age range, if the
person cannot do his or her past work and can only do sedentary work,
then the case is an allowance. If the person is able to do light work,
the case is a denial. If the person is able to do medium work, the
case, of course, is a denial.
For people who are age 55 or older, it
becomes even easier for the person to be found disabled. If the person
in this age group cannot perform his past work and is able to do only
sedentary work, then the case is an allowance. If the person cannot
perform his or her past work, can perform both sedentary and light work,
but is unable to do medium work, then the person is found disabled. If
the person is able to do medium work without other kinds of
restrictions, the case is a denial.
This is a fairly simplified version of
how SSA will evaluate your case. If you have other types of
limitations such as very poor eyesight or decreased use of your hands, then
the situation becomes more complicated. However, as you can see,
because you are 51, it is possible that your case would be an allowance now.
Once you turn age 55, it will become much more likely that your Social
Security disability case would be allowed. It all depends on how
severe your medical condition is. I know this is very complex. I hope
this helps.
I fell 7
years ago and have not been able to work since due to constant muscle spasms
in my lower back. I have knots on my back next to my spine and I am in
constant pain. The pain never goes away completely, and I have filed for
Social Security disability benefits. I am unable to do regular household chores and have trouble with
any kind of lifting. I am on muscle relaxants and painkillers all the time.
I am unable to sit, stand, or walk for any length of time. My question is
can a person get disability benefits due to muscle spasms?
When SSA looks at back impairments, it looks at a number of things.
What does the person’s x-rays, MRI’s, CT scans, or other imaging show?
A person with only soft tissue injuries resulting in muscle spasm with
normal x-rays should not expect to be found disabled. What is the
person’s range of motion of the person’s back? A person with normal
range of motion will not be found disabled due to back problems. Does
the person have loss of muscle strength in his or her back? What
neurological deficits does the person have? What treatment is the
person having for pain? Has the person had back surgery? How old is
the person? Once a person reaches the age of 50, SSA takes into
consideration what types of work the person has done in the past. SSA
believes that older people are less able to adapt to other types of
work. Once a person turns 50, it becomes easier to qualify for
disability benefits, and once a person turns 55 it becomes easier
still. The more demanding the work a person has done, the more advanced
age will help his or her disability case. For a person under the age of
50, to qualify for Social Security disability benefits, the person must be unable to do
any type of work including sedentary work. Sedentary work requires
lifting 10 pounds occasionally and 5 pounds occasionally. A person age 49 or younger
must be unable to do even a sedentary office job in order to qualify for
benefits. Most people age 49 and under with back problems are denied
on the grounds that they can do at least sedentary work. I hope that you
will read the question and answer just below this one that also deals
with back problems.
I have a 25 year history of
back problems beginning when I fell at work in 1978. Documentation of
these injuries did not begin until 1988 since reporting was strongly
discouraged. After several instances of leg pain in both legs, treated
only with pain medications and physical therapy, I finally jumped outside of
the workmens' comp. doctors and saw an orthopedic surgeon in 1997. After a
myelogram and ct scan I was diagnosed with a herniated disk and had a
partial discectomy. Two years later I was diagnosed with another
herniated disk and had another partial discectomy at another level.
Five days later I was reopened to remove a large recurrent herniated
disk at
that same level. Two years later, 2001, I had a recurrent herniation at
the original level. I delayed the surgery from June until October,
having a steroid injection and taking 800-mg of Ibuprofen 3x/day. My
fourth surgery occurred shortly after it again became impossible for me
to stand over 3-4 minutes. I worked in pain up to the day of the first
and second surgeries. I returned to work within four weeks after each,
(within 3 weeks after the third). I have been quite accustomed to
functioning in pain. But, after the fourth surgery I suffered several
complications and have spent the last year going through six subsequent
doctors and 3 months of physical therapy. I also had two heart
catheterizations in February 2002 and had a stent installed. The
physical therapist terminated treatment after it became evident that it
was making me worse. The doctor I had at the time terminated services
saying that there was nothing else he could do. I finally found a
neurologist that ordered the third set of MRIs
since October. He diagnosed degenerative back at several levels. I was
told that there I had foraminal stenosis and arachnoiditis, and that
since it has now been a year since the last surgery that I would not
improve, but gradually continue to degenerate. I take 900-mg of
Neurontin, 6-mg of Gabitril every day and take Vicodin as needed. I
also take Lipitor 800-mg, Plavix 75-mg, Zestril 5-mg, and aspirin 325-mg
daily with nitro as needed. At this point I can function better than I
could three months ago but still can only stand for an hour or so at a
time, walk no further than 1 1/2 miles on a good day, and sit for only
1/2 hour-45 minutes at a time. While sitting I compensate at times by
supporting some of my weight on my arms and lean back to relieve the
pain. At this I still must stop to lie down frequently. In attempts to
stick it out I have found that I have ended up down for 2-7 days after.
Beside all of that the mental exam I was ordered to take found that I
was severely depressed; imagine that. The side effects of the drugs
have caused confusion and distractibility. The neurologist has tried to
adjust the dosage, but I will take the side effects over the added pain.
I did not file my claim for Social Security disability
benefits until mid-February thinking that
my condition would improve. I have just recently been denied on my
reconsideration and filed for a hearing before an administrative law
judge. My wife is now working two jobs and our savings are reduced to a
few hundred dollars. Am I mistaken that my inability to function beyond
this level should qualify me, and if it does what am I doing wrong?
There is other
information in addition to what you have included here that SSA will
take into consideration when considering your claim for Social Security
disability benefits. SSA will want to
know what is your passive range of motion? What neurological deficits
do you have? What loss of muscle strength do you have? In regards to
your heart, SSA will want all of your medical records including the
records of your surgeries and any exercise testing. SSA will look
closely at what cardiac symptoms (such as shortness of breath, chest
pain, and fatigue) are limiting your activities. What brings on these
symptoms? What relieves these symptoms? For more information about how
SSA evaluates depression, please see the article
Depression and Your Social Security or Supplemental Security Income
Disability Claim
on this site. How old are you?
Once a
person reaches the age of 50, SSA takes into consideration what types of
work the person has done in the past. SSA believes that older people
are less able to adapt to other types of work. Once a person turns 50,
it becomes easier to qualify for disability benefits, and once a person
turns 55 it becomes easier still. The more demanding the work a person
has done, the more advanced age will help his or her disability case.
For a person age 49 or younger to qualify for disability benefits, the
person must be unable to do any type of work including sedentary work.
Sedentary work requires lifting 10 pounds occasionally and 5 pounds
frequently with occasional stooping and bending. A person age 49 or
younger must be unable to do even a sedentary office job in order to
qualify for benefits. SSA also looks closely at a person’s description
of his or her daily activities. The people who are being found disabled
due to cardiac conditions are the people who are having trouble walking
from the front door to the mailbox due to cardiac symptoms. There are a
lot of people out there doing sedentary jobs who are unable to walk 1 ½
miles on a good day. If you have told SSA that you are able to walk 1 ½
miles on a good day, then SSA will most likely see that as a sign that
you functioning fairly well despite your back and cardiac problems.
There are certainly lots of people that are being denied disability
benefits despite multiple back surgeries on the grounds that they can do
sedentary work. There are certainly lots of people who have had stents
placed that are denied benefits on the grounds that they can do at least
sedentary work. Also, some judges simply allow more people than other
judges. Without seeing everything in somebody’s file, it is hard to
predict whether the case will be or should be an allowance or denial.
Due to a car
accident January of 2002, I required back surgery in august of 2002 after
all other forms of treatment failed. I am 23 and prior to the surgery
I was a part time assistant manager at an auto parts store. The store would
not let me off work for surgery/ recovery time, so I tendered my
resignation. It is now almost four months since my surgery, and I still am
very sore and limited in what activities I can participate in. My
doctor told me I could return to work in a desk job, or a light duty office
position. I have no experience or education in an office setting and
am finding it very hard to become employed. I can’t currently work a
job similar to the ones I had prior to surgery. I was wondering if I
qualify for Social Security or Supplemental Security Income disability
benefits?
To qualify for SSDI or SSI disability benefits, you must be unable to do any type
of work not just your past work. In other words, your condition must
keep you from doing sedentary, office work in order to qualify for
benefits.
I am 28 years old, and I just found out
I have osteoporosis. I have no insurance, and I cannot get Medicaid
without it being considered a disability. I firmly believe this is, but
I was wondering if you knew if osteoporosis is considered a disability
for which I can receive Social Security disability benefits?
No, I am sorry.
Osteoporosis is not considered disabling for the purpose of Social
Security disability benefits or Supplemental Security Income disability
benefits. In order for a condition to be considered disabling, it must
prevent all types of work for at least 12 months in a row. Lots of
people with osteoporosis work. Fractures that do not heal after 12
months of treatment may, however, be considered disabling. If, at some
point, your osteoporosis becomes so severe that you have a fracture that
does not heal despite prescribed treatment, then you might qualify for
disability benefits.
Can I get Social Security disability benefits due to repetitive strain
from using a computer?
In order to qualify for Social Security disability benefits, a
condition must prevent a person from doing all types of work for at
least 12 months in a row or end in death.
Repetitive strain due to computer use would not be considered disabling
according to SSA’s rules because with treatment the person should not be
prevented from doing all types of work for at least 12 months in a row.
Keep in mind that in order to qualify for disability benefits, you must
be unable to do any types of work—not just your past work.
I am writing on the behalf of my Nephew who has severe Gout problems. He is
42 years old and unemployed. It gets so bad in his knees and feet he can't
walk at times.
To qualify for Social Security disability benefits due to a problem with the ability to
walk, the person has to be unable to ambulate effectively. Ineffective
ambulation is defined generally as having insufficient lower extremity
functioning to permit independent ambulation without the use of a
hand-held assistive device(s) that limits the functioning of both upper
extremities. If a person can walk with a cane or crutch and still have one hand
free to use for other things, then the person is not considered
disabled. If the person requires two canes, two crutches, or a walker
so that he or she does not have one hand free, then he or she is
considered disabled. If the person requires the use of a
wheelchair or mobility scooter, then he or she is considered disabled. This level impairment must be expected to last at
least 12 months in a row despite prescribed treatment in order to
qualify for Social Security disability benefits.
I was in a
serious car accident 12/27/01.It shattered my femur and had a rod put in
still cannot walk alone. What are my chances of getting my
Social Security disability benefits?
To qualify for Social Security disability benefits, medically
acceptable imaging (such as x-ray, MRI, or CT scan) will have to show
that you do not have solid union of your fracture, and clinical
examination by a doctor will have to show lack of solid union.
Furthermore, you will have to show that you are unable ambulate
effectively. Ineffective ambulation is defined generally as having
insufficient lower extremity functioning to permit independent
ambulation without the use of a hand-held assistive device(s) that
limits the functioning of both upper extremities. If a person can
walk with a cane and still have one hand free to use for other things,
then the person can ambulate effectively and is not considered disabled.
If the person requires two canes, two crutches, or a walker so that he
or she does not have one hand free, then he or she cannot walk
effectively and is considered disabled. If the person requires a
wheelchair or a mobility scooter, then he or she is considered disabled. This level impairment must
be expected to last at least 12 months in a row despite prescribed
treatment in order to qualify for disability benefits.
My brother-in-law
got into a "bar-room drunken brawl" about three years ago sustaining a
crush injury to his ankle. At that time he had a sedentary job (20
hours a week) and was able to continue that job, until it was
eliminated this past month. Due to the extensive ankle injuries he had,
requiring two plates and six screws to keep his ankle together, he filed
for disability within the company and was turned him down. My
brother-in-law's doctor has instructed him to have the ankle "fused",
thus eliminating a good portion of the pain. My brother-in-law is under
the assumption that once he has this surgery done, he will be able to
collect full lifelong social security disability benefits. I believe he won't be
able to do this, as long as he can do a sedentary job.
Your brother-in-law would be wise to listen to you. In order to qualify
for Social Security disability benefits, a person has to be unable to do any type of work including
sedentary work. To qualify for disability benefits due to a problem
with the ability to walk, the person has to be unable to ambulate
effectively. Ineffective ambulation is defined generally as having
insufficient lower extremity functioning to permit independent
ambulation without the use of a hand-held assistive device(s) that
limits the functioning of both upper extremities. If a person can walk
with a cane and still have one hand free to use for other things, then
the person is not considered disabled. If the person requires two
canes, two crutches, or a walker so that he or she does not have one
hand free, then he or she is considered disabled. If a person
cannot ambulate and uses a wheelchair or a mobility scooter, then he or
she is considered disabled.
I have heard
that there are benefits through Social
Security for being under a certain height. I am currently four foot
eleven and have shrank in the past couple of years. I am going on
twenty-one and have a problem reaching things on high shelves and doing
certain tasks. I
would like to know if this is a myth or if it is true and how I would
get benefits for it.
Social Security does not offer benefits simply for being under a
certain height. To qualify for Social Security disability benefits, a person must
be unable to do any type of work. Lots of people under 5 foot do
all kinds of productive work.
My father
had 5 bypasses in October. He has also suffered from severe arthritis
in both hips. The pain keeps him up all night and he can't be on his feet
very long. He has documentation stating that he requires both hips to be
replaced. We have completed phase one of the process and have just
been denied Social Security disability benefits. My father was a flight attendant/ Butler. Both occupations
require him to be on his feet for long periods of time and are physically
demanding (i.e. Luggage handling, cabin pressure). Should we get an
attorney?
A number of factors will be
important in determining the outcome of his case. His age will be an
important factor. If a person is age 49 or younger, he or she must be
unable to do even sedentary work in order to qualify for disability
benefits. Once a person reaches age 50, it becomes a little easier to
obtain Social Security disability benefits, and at age 55 it becomes significantly easier to
qualify for benefits. Aging most benefits those who have done
physically demanding work. This is because SSA believes as a person
ages, he or she becomes less able to adapt to other types of work. A
detailed description of his work will be important; when filling out the
Vocational Report form, it is important to make it clear all of the
physical and mental demands involved in the work. When evaluating his
heart, two things are important. The first thing, of course, is all the
medical evidence regarding his heart. SSA will look at all the reports
concerning his surgery, all testing done, and all treatment. A
particularly important part of the medical evidence is the description
of his symptoms provided by an acceptable medical source (M.D. or D.O.).
What symptoms are limiting his activities (chest pain, shortness of
breath, fatigue)? What brings on these symptoms? How much exertion is
required to bring on the symptoms? What relieves the symptoms (rest,
nitroglycerin, etc.)? SSA also puts a lot of weight on any
exercise/treadmill testing that has been done. The second important
thing in evaluating his heart condition is your father’s description of
his daily activities. During his initial case, your father filled out a
detailed form describing his daily activities. SSA looks carefully at
what a person says he or she is able to do. How far is he or she able
to walk? Can he or she climb a flight of stairs? How much physical
exertion does he or she use to perform his or her daily activities?
What things did he or she used to do that he or she is no longer able to
do? SSA looks at daily activities very closely. SSA is very tough on
heart conditions. Many people who have had bypass surgery are found to
be not disabled. SSA will also look at all the medical evidence
regarding your father’s hips. X-rays and range of motion of his hips are
important pieces of medical evidence. A description of his gait in
terms of speed, safety, and stability from an acceptable medical source
is very important. Does he or she require an assistive device (crutch,
cane, or walker) in or to walk?
Is he confined
to a wheelchair or scooter? If a person can
walk with a cane and still have one hand free to use for other things,
then the person can generally do sedentary work. If the person requires
two canes, two crutches, or a walker so that he or she does not have one
hand free, then he or she cannot do sedentary work. As far as hiring
an attorney or other representative (a former SSA employee, for
example), you have the right to hire a representative, but you don’t
have to have one.
How do they give
you a rating for bulging disk at the neck and 2 herniated disks at the
lumbar and another bulging disk at the lumbar? What about depression
ratings?
Social Security does not have a standard rating that it gives to all
people with a certain disorder. Some programs do use standard ratings
for a given disorder. (For more information, see
Disability Evaluations for Other Programs.)
SSA is interested in how a person’s condition limits his or her ability
to do work-related functions (See
How Your Condition Affects Your Ability to Function: the Key to
Disability Benefits.) Some people with herniated disks are extremely limited; some have only
mild limitations. The same is true of depression. A person with mild
depression may not be very limited while a person with severe depression
may be unable to perform even the most basic daily activities. SSA
looks at all the medical evidence in each case individually to see how
limited the person is. In order to be found disabled for SSDI or SSI
disability benefits, a person must have a medical condition which is
expected to prevent him or her from doing all types of work at least 12
months in a row or end in death. SSA does not give out payments for
partial disability. Either a person is disabled and, therefore,
entitled to benefits or the person is not disabled, and, therefore, not
entitled to benefits. The person’s disability must prevent him or her
from doing all types of work. This means that the person must be unable
to do even sedentary work. Sedentary work requires lifting 10 pounds
occasionally and less than 10 pounds frequently. Even though a person
is unable to do his or her past work, he or she is not disabled if her
or she can do other work. The duration requirement is important. (See
How Long Must Your Impairment Last to Qualify for Disability Benefits?)
Although many people with herniated disks end up flat on their
backs unable to do anything immediately after their injuries,
fortunately this usually does not last. Herniated disks and bulging
disks usually do improve. Most people with herniated disks can be
expected to do a sedentary job within 12 months after their injuries.
Also, most people with depression can do at least simple, unskilled
work; only the most severe cases of depression are considered disabling
by SSA. Most people age 49 and under with herniated disks are considered
not disabled by SSA. Once a person reaches age 50, it becomes easier to
be found disabled. At age 55, it gets dramatically easier, and again at
60 it gets even easier. This is because SSA believes that as a person
ages he or she becomes less able to adapt to other types of work. As a
result, a 55 year old who has done only physically demanding work and
who has a herniated disk has a pretty good chance of being found
disabled. For more information about how SSA evaluates the severity of
depression, please see the article
Depression and Your Social Security or Supplemental Security Income
Disability Claim. For bulging or
herniated disks, SSA will of course, look at all of the person’s medical
records. SSA will want to know, from a medical source, what the
person’s passive range of motion is. What is the person’s gait in terms
of speed and safety? Does the person require an assistive device such
as walker, cane, or crutches in order to ambulate? What is the person’s
grip strength? SSA will need a description of the person’s muscle
spasm, if any. What sensory loss, if any, does the person have? If the
person has atrophy, SSA needs detailed measurements of the affected
muscles to document the atrophy. How are the person’s deep tendon
reflexes? What is the distribution of the person’s pain? What
treatment is the person receiving for pain? SSA looks at all records of
surgeries. SSA also looks at all the imaging—such as x-rays, MRI’s, and
CT scans. If the person’s medical records do not include some piece of
information that SSA requires—such as passive range of motion in
degrees—then SSA arranges for an examination or testing to obtain the
needed information. (See
Examinations Scheduled for You by SSA for Your Disability Claim.)
After SSA gathers all of this information, it then decides what a person
is and isn't able to do. For example, SSA might decide that the
person is limited to lifting 20 pounds occasionally and 10 pounds
frequently and that the person is limited to occasional stooping,
crouching, and crawling. If the person is age 49 or less and can
do sedentary work, then the case is denied. As I mentioned earlier
in this answer, it does become easier to be found disabled once a person
reaches age 50. I bet you thought this
was a simple question. SSA’s decision-making process is a very complex
process.
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