Eligibility Tests for Disability Benefits
Eligibility for disability benefits depends on a number of different factors. The most important eligibility requirement is whether the applicant is disabled according to the Social Security Administration's definition of disability.
In addition, work history and current income and assets are critically important. Payments via Social Security disability insurance (SSDI) depend on your recent work history. Payments under Supplemental Security Income (SSI) depend on your current income and assets.
For some applicants, proving eligibility via work history or current income and assets is straightforward. In other cases, however, a disability benefits lawyer or an experienced and certified claimant's representative can provide valuable help. The regulations defining "work history" and "current income and assets" are complex. Without assistance from an attorney or a claimant's representative, applicants run the risk of facing an unnecessary denial of their benefits application.
Don't Wait to Apply: Contrary to popular opinion, you do not have to wait until you have been out of work for 12 months to apply for disability benefits under either the SSDI or SSI program. The Social Security Administration only requires that you show a "reasonable expectation" that your medical condition will cause you to be off work for a minimum of 12 months. You may apply for disability benefits as soon as you become unemployed due to your disability, if medical evidence supports your claim that you will be off work for at least 12 months.
Disability Advocates in Washington, DC
Mathis & Mathis, P.C., is a family-run law firm located in Arlington, Virginia. In the firm's near 25 years of existence, our team of attorneys and certified claimant's representatives have helped thousands of people qualify for the disability benefits they deserve.
Our law firm's sole focus is on disability benefits law. We have decades of experience interpreting the complex laws and regulations that can make the difference between receiving disability benefits in a timely fashion or having to suffer through years of denied benefits applications.
Basic Eligibility Requirements for SSDI and SSI
SSDI eligibility requires the applicant to have at least 40 quarters of recent taxable earnings. A general rule of thumb states that if you have worked at least five out of the last 10 years, you will probably qualify for SSDI.
SSI is an income-based disability benefits program for disabled people with extremely limited assets. Under current regulations, the applicant must have extremely limited income and assets. Certain assets are exempt, including your home and a vehicle. However, other assets will be counted, such as a spouse's income, child support or alimony and any retirement benefits or investments.
Contact Mathis & Mathis, P.C.
We are happy to answer questions about eligibility for SSDI and SSI benefits. To schedule a confidential and complimentary consultation, call toll-free 888-309-9781 or send us an e-mail.
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Every legal matter is different. The outcome of each legal case depends upon many factors, including the facts of the case, and no attorney can guarantee a positive result in any particular case.
