Gaffney Social Security
Disability Attorneys

Is My Condition Considered a Disability Eligible for SSDI Benefits?

Under the Social Security Act, a disability is defined as the inability to engage in any substantial gainful activity because of a medically determinable physical or mental impairment. This impairment must have lasted, or be expected to last, for a continuous period of not less than 12 months or be expected to result in death.

A medically determinable impairment is a mental or physical impairment verifiable by diagnostic testing or other medically acceptable clinical and laboratory diagnostic techniques. In addition, your disability must be considered severe, such that you are unable to engage in substantial gainful activity and prevent or limit you from engaging in basic work-related activities, such as moving, sitting, or thinking. Finally, your condition must have lasted for at least one year or be expected to last for at least one year.

What Does Substantial Gainful Activity Mean?

Substantial gainful activity refers to the level of work activity and earning capacity of an individual. An applicant must be unable to engage in significant gainful activity due to their medical impairment. Generally, the Social Security Administration considers those earning more than a certain amount per month to be engaging in substantial gainful activity. This amount typically increases each year with the cost of living. For 2021, the income limit for non-blind individuals is $1,310 per month (net of disability-related work expenses). For statutorily blind individuals, the limit is $2,190 (net of disability-related work expenses).

Would I Still Be Eligible for SSDI Benefits if I Return to Work?

Yes, but only for a certain period, according to guidelines set out by the Social Security Administration (SSA). If you return to work while collecting SSDI benefits, you must notify the SSA. You may be eligible for a work incentive program, such as the Trial Work Program, which allows you to work for nine months within five years to test whether you can work while still receiving full benefits. Once you have worked for nine months within five years, engaging in substantial gainful activity in the Trial Work Program, your SSDI benefits will end. There may be other work incentive programs available to you, which you can discuss with an attorney.

Will Collecting Workers Compensation or Other Disability Benefits Affect My Eligibility For SSDI?

Generally, yes. If the combined amount of your SSDI benefit payments, workers' compensation, and public disability benefits exceed 80 percent of your average earnings before you become disabled, your SSDI benefits will be reduced. This only includes public disability benefits under federal, state, or local government laws, such as civil service disability benefits, temporary disability benefits, and retirement benefits based on disability. Disability payments from private sources, like a personal pension or insurance, will not affect your SSDI benefits.

What Are The Differences Between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?

Eligibility requirements for Supplemental Security Income (SSI) are similar to Social Security Disability Insurance (SSDI). The main difference is that you must submit documentation of your low income instead of your employment history for SSI. These benefits are meant for workers who have become disabled and have a meager income or for people who have not been able to work. Additionally, the federal government funds SSI, while deductions from employee paychecks fund SSDI.

How Can I File for Social Security Disability in North Carolina or South Carolina?

To receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you must first fill out an application. You can complete the application on SSA's website. To strengthen your claim and increase your chances of approval, we recommend speaking with a qualified Social Security disability lawyer at Grimes Teich Anderson.

What To Do If the Social Security Administration Has Denied My Benefits Claim?

More often than not, claims to receive Social Security disability benefits are initially denied. However, just because your claim was denied does not mean that you do not have a valid case. Get the help you need from one of our experienced Social Security disability attorneys at Grimes Teich Anderson. Working with an experienced, professional Social Security disability law firm can increase your chances of being awarded these benefits. Grimes Teich Anderson wants you to get the help that you need and deserve.