SOCIAL SECURITY DISABILITY | BACK TO PRACTICE AREAS
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Disability Eligibility

The basic requirement to qualify for Social Security Disability is that you have become disabled and unable to work in the occupation you did before and Social Security decides that you cannot adjust to other work due to your medical condition. Your disability must be expected to last for at least one year or will result in death. Only total disability is covered by Social Security Disability and there is no coverage for partial or short-term disability.

Social Security has a specific evaluation process to determine your eligibility for disability benefits under federal standards. This includes previous and current work activity, your medical condition and how the condition impacts your ability to work. In addition to this, earning tests are also reviewed to see which type of Social Security Benefits your and your family may be eligible for.

Earning Tests must be met by Federal law to collect disability benefits. Work credits are built up under the Social Security rules. Credits needed are determined on your age and the year in which you become disabled. The tests are often called the "recent work" test, and the "duration of work" tests. Certain blind workers will only need to meet the "duration of work" test.

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