This benefit is for disabled and elderly with some degree of earnings or property; however, if you are under age 18 you can also qualify for this disability benefit. Summarized this means being under the age of 18 and having medical problems based on your disability.

SSDI Benefits for Children Under 18 This benefit program is decided based on the parents record that is receiving disability benefits or Social Security retirement. Survivors under the age of 18 may also qualify to receive benefits of the Social Security of the deceased who was receiving disability benefits or Social Security retirement. The living or deceased must be your parent, stepparent or adoptive parent. The benefits you receive will be paid based “on the record” of someone else’s (i.e., the parent, stepparent or adoptive parent) income, which is the insured employee who paid enough Social Security taxes to qualify for this benefit. You do not have to be disabled in order to qualify for this benefit. You can be the dependent of someone who is receiving benefits or the dependent of a deceased Social Security recipient. These benefits are available up to age 19 if the dependent is in school. For more information on how you can begin this process go to our online Free Case Evaluation.

We discussed the importance of the disability onset date in the previous post. If you have not read that post first I suggest you do, so this one makes more sense. These two posts are closely related and have an impact on each other. If you recall we mentioned your disability onset date cannot pre-date any work that a claimant has completed. If you can work you are not disabled. However we mentioned the possibility of having an onset date that pre-dates some type of unsuccessful work effort. This is allowed according to the social security administration (SSA).

This post only applies when you have worked after setting your disability onset date. Here are some general rules that will put you in the right direction in starting you research. While this post is designed to give you a limited working knowledge on the subject, there is relatively no substitute for putting your case in the hands of a qualified social security disability lawyer.

For your work to meet the definition of an unsuccessful work effort there must be an interruption in your previous work. Any one of the following would qualify as an interruption: the work you did was reduced below the substantial gainful activity (SGA), you are absent from work 30 consecutive days, or you are forced to change to another employer or another line of work. You must meet one of these requirements listed above. Once you do there is another set of rules depending on the length of the work you completed.

For work that lasts three months or less your work must end or be reduced below the substantial gainful activity (SGA) directly as a result of your impairment or indirectly due to your impairment. Your impairment indirectly affects your job if special conditions are removed as a result of the impairment that makes your job impossible to continue. Either way your impairment must be the cause. If your work is less than three months, you only need to prove either of these reasons.

However if your work lasts longer than three months and shorter than six months you need to prove either of the to reasons mentioned above as well as the following: the work must have been done during period of remission of your impairment, your work must have been unsatisfactory due to your impairment, there must have been special conditions, or there had to have been frequent absence from work as a result of the impairment.

These are the only two classifications, less than three months and three to six months. So what about everything else? The social security administration (SSA) classifies any work lasting longer than six months that is at or above the substantial gainful activity (SGA) as a successful work attempt. If this is your situation, then your disability onset date cannot pre-date your work attempt. However, look at the requirements listed above. It needs to be six consecutive months of successful work. It is possible to have several small unsuccessful work attempts over a long period of time. It is important to be able to track and provide your social security disability lawyer with your employment history. Days and weeks can end up having a huge impact in the amount of benefits you could receive for you SSDI claim.

While there is much more to discuss, this should be a good place to start your inquiry.

The onset date is the date a SSDI claimant became disabled. The onset date is set by the claimant on the application for SSDI. When the claimant sets the onset date it is called an “alleged” onset date; once the onset date is approved it is then called the “established” onset date. We only mentioned SSDI and not SSI because if you have kept up with your reading of prior posts you probably could have figured that the onset date is not relevant in an SSI case because SSI benefits are never given until the first day of the month after a claimant files for disability. Back benefits are not awarded in a SSI claim.

For an SSDI claimant the onset date is very important. You must make a good faith effort in determining the earliest possible date you believe you became disabled. Many times the social security administration (SSA) will provide a date that is much later than the date you provide. It is to your advantage to have your onset date pushed back as far as possible. Now we are not saying to pick a date that is not correct or untrue. What we are saying is to make sure the date you provided on your application is congruent with the onset date recognized by the social security administration (SSA).

Why is it best to have an onset date pushed back? SSDI provides for back pay in benefits once your case is approved. The earlier you can prove you are disabled the more back benefits you will receive. It is important to keep accurate records of your condition and verify your onset date with the social security administration’s (SSA) onset date.

You should recognize several aspects in regard to your onset date. The work you have done in the past must be consistent with the onset date of your disability. You cannot be disabled and work at the same time. Therefore your onset date cannot pre-date any work activity. However if you believe your onset date does pre-date some type of work activity, you should identify the type and extent of work you did. If the work you did was below the substantial gainful activity (SGA), which we have discussed in prior posts, or the past work you did was an unsuccessful work attempt you may be able to reconcile this potential problem. If your past work does not “qualify” you would be able to push your onset date back. It is often difficult to determine if the work you have done in the past will qualify as substantial gainful activity. If you have any questions you should contact an experienced social security disability attorney or your local social security field office.

Social Security Disability, both SSDI and SSI, are important parts of our society. They protect those that are unable to work. It has been said that the measure of a country is how well they help and protect those that cannot. Social Security Disability does exactly that.

If you or a loved one is unable to work because of a disability, please contact a social security disability attorney. They will be able to explain your rights under Social Security Disability Law and help you get the money that is rightfully yours.

As we have mentioned before education is one of the factors used in the medical vocational guidelines. Your educational level is important, but it is not the most significant factor.

The only education that applies is any formal schooling, other formal training, or possibly education acquired from hobbies or daily activities. For the most part the social security administration (SSA) will take the highest grade completed in order to classify a SSDI or SSI claimant. However just because a claimant does not have very high formal schooling does not mean they have little to no education. Education can come in the form of past job training or abilities acquired from some other source. The social security administration (SSA) divides levels of education into four aspects for purposes of disability benefits.

“Illiteracy” is the inability to read or write. If a SSDI or SSI claimant cannot read or write a simple instruction or message that could be foreseen at a job, that person is illiterate.

“Marginal education” is an adequate ability for a SSDI or SSI claimant to reason, complete simple mathematics, and have certain language skills to do unskilled types of jobs. If a SSDI or SSI claimant has formal schooling no higher than 6th grade, they will generally be categorized as having a marginal education by the social security administration (SSA).

“Limited education” is the same skill level as marginal education, but not quite high enough to complete tasks required in a skilled or semiskilled job. The social security administration (SSA) will classify a SSDI or SSI claimant as having limited education if they have completed formal schooling higher than 6th grade and lower than 11th grade.

“High school education and higher”, speaks for itself. A claimant in this category will be deemed to participate in skilled or semiskilled work.

While these are the recognized categories, there are certain exceptions. If a SSDI or SSI claimant falls into one of these categories they will not necessarily be judged by the requirements in that category. There are situations where a claimant, although finishing a certain grade level, has a lower capacity than what it says on paper. The social security administration (SSA) will entertain evidence when this situation arises. The best proof is some sort of standardized achievement test. This is the most common in claimants that have been removed from their formal schooling by large blocks of time.

As always if you have any questions regarding this post or any other, please consult your local social security field office or seek the advice of an experienced social security disability lawyer especially if you have been denied benefits for your SSDI or SSI claim in the past.

We have spent so much time discussing the sequential evaluation process, medical vocational guidelines, residual functional capacity, transferable work skills and other topics because they are all intertwined in a typical SSI and SSDI claim. Your maximum exertional limitation as determined by the grids is very important and is related to many topics we have discussed in prior posts. The exertional limitations are divided into three categories, and one quasi category. We will discuss each category in this post.

The first category is “medium work”. Medium work is defined as a SSDI or SSI claimant’s ability to lift no more than 50 pounds at one time occasionally and frequently carrying and lifting objects weighing up to 25 pounds. A SSI or SSDI claimant that falls within this category technically has the ability to stand or walk for a total of 6 hours in a common 8 hour work day. This probably goes without saying, but a claimant in this category must have the ability to use their arms and hands, be able to bend and stoop to pick items up, and anything else involved necessary to lifting the weight mentioned above.

The next category is “light work”. Light work is defined as a SSDI or SSI claimant’s ability to lift no more than 20 pounds at one time occasionally and frequently lifting and carrying items weighing no more than 10 pounds. This category also involves the standing or walking for a total of 6 hours in a common 8 hour work day. As mentioned above in order to do the lifting and carrying the claimant must have the use of their hands, the ability to bend and stoop occasionally and any other activity necessary to lifting the weight mentioned within this disability category.

The third category is “sedentary work”. Sedentary work is defined as a SSDI or SSI claimant’s ability to lift no more than 10 pounds at one time and occasionally lifting and carrying small work related items like a stapler, folders etc. Unlike the categories above, sedentary work is characterized by only occasional walking and standing which would amount to no more than 2 hours in a typical 8 hour work day, and requires little to no stooping or bending. Sedentary work generally requires use of your hands and the ability to manipulate smaller more fine objects.

The final category is “less than sedentary work”. While this is not necessarily a category, some SSDI and SSI claimants will be classified under this title. Less than sedentary work does not contain particular requirements like the other categories. Less than sedentary work is exactly what it says. A SSDI or SSI claimant must be able to prove that their ability to perform sedentary work has been significantly deteriorated due to certain impairments.

After reading this post you should have enough knowledge to classify your exertional level. The difficult part of this process is not classifying yourself, but rather persuading the administrative law judge (ALJ) that you cannot do other work within your maximum exertional classification (see prior post on transferable skills). If you fail, you will not be entitled to SSDI or SSI benefits. Contact a social security disability attorney if you have been denied to overcome this challenging hurdle.

We have discussed the medical vocational guidelines and the various factors involved, i.e. residual functional capacity (RFC), age, etc., in several prior posts. We have not mentioned transferable skills and how it relates to the medical vocational guidelines. Even though you are disabled and you cannot do the same type of work you have done in the past, you may not qualify for SSDI or SSI benefits. While that makes no sense it is often a reality to many potential disability claimants.

The social security administration (SSA) requires some disability claimants, depending on their age, to demonstrate they have no transferable work skills. What this means is exactly what it says. If a claimant has work skills that are able to be transferred within the same residual functional capacity (RFC) that exist in significant numbers, they will not receive disability benefits for either SSDI or SSI.

Lets step back a minute and see how this works. The majority of claimants will go through the medical vocational guidelines (see prior posts). The medical vocational guidelines contain several factors which we have already discussed previously. Once the factors are compared to the individual facts of a particular claimant’s case they will fall into one of the categories on the grid. This category will identify the maximum residual functional capacity (RFC) a disability claimant is able to perform. In other words, the maximum exertional limit this claimant is able to perform in some type of work. Once the RFC is established the decision maker will determine if a disability claimant has skills that are able to be transferred to another type of work within the same maximum exertional limits that exist in significant numbers in our economy. For example if your residual functional capacity (RFC) is light work, you must demonstrate to the administrative law judge (ALJ) that you do not have any work skills that are able to be transferred to another line of work that does not exceed light work. If you do have skills that transfer at or below your maximum exertional limits that are available in significant numbers, you will not receive benefits on your SSDI or SSI claim. This sounds harsh, but it is fair. If you have skills because of your work experience that are able to be transferred to another line of work, and you are capable of working, you should work. However your idea of “capable of working” and the social security administration’s (SSA) idea of “capable of working” may not always be congruent. It will be your job to persuade the administrative law judge (ALJ) that your definition is more accurate than the vocational expert’s definition. This can be a difficult job. Social security disability attorneys deal with this situation all the time. An experienced attorney will know the most effective way to present your case in a light most favorable to you.

Note, not all SSI and SSDI claimants have this hurdle to overcome. Age, education, and prior work experience will dictate the necessity for a transferable work skills analysis pursuant to the medical vocational guidelines. To find out if this applies to your case you should contact your local social security field office or contact an experienced social security disability lawyer.

Your age is very important, and can often be the determining factor in you getting approved disability benefits in your SSDI or SSI claim. Age is one of the factors examined by the medical vocational guidelines (see prior posts). The social security administration (SSA) uses age as a factor along with residual functional capacity (RFC), education and work experience. But the claimant’s age is one of the more important factors used in your social security disability claim.

The social security administration (SSA) groups claimants into the following categories based on age: claimants under age 45, 45 through 49, 50 through 54, 55 through 59, and 60 through 64. While these are the recognized categories in the medical vocational guidelines, there are always extenuating circumstances that would bump a claimant into the higher age category despite not fitting in the group. For example people who are on the border within days, weeks, or even months can and often do get bumped into the higher age group. Getting placed in a higher age group is more advantageous for the claimant’s ability to receive disability benefits.

When the social security administration looks at a claimant’s age they look at all the things that come along with getting older. Our eyesight and hearing gets weaker, our joints get stiffer, and our hand-eye coordination gets off, just to list a few! Anything that is associated with advancing age is taken into consideration by the social security administration (SSA). Obviously the more a claimant has deteriorated due to advancing age, the bigger role age will play in determining a claimant’s disability.

It is impossible to tell how big a role age will play in the social security administration’s decision process. One thing you can bet on; the older you are the more likely you will be found disabled.

The social security administration’s (SSA) medical vocational guidelines were designed to produce more uniformity among the social security administration’s (SSA) decisions. As we mentioned in prior posts, the social security administration (SSA) looks at several factors to determine if a claimant meets the definition of disabled and therefore entitled to receive benefits under SSDI or SSI. We discussed the sequential evaluation process and within that process we mentioned how maximum physical residual functional capacity (RFC), age, education, and work experience affect the social security administration’s decision (see prior posts). The medical vocational guideline is the vehicle used to arrive at that decision using the above mentioned factors.

The social security administration’s (SSA) guidelines are divided into three sections commonly called “grids” in social security circles. These grids answer the million dollar question. Is this claimant disabled and therefore entitled to receive benefits under SSDI or SSI? These grids combine those factors listed above to arrive at an answer. If a claimant matches a description provided in the grids, no matter what anybody else believes, that person is either disabled or not disabled depending on what the grid says. The grids are binding on the social security administration, those who are making the decisions. This is how the social security administration (SSA) implements some uniformity in a potentially discretionary decision. It provides a little more certainty to social security disability attorneys and the claimants they represent.

The medical vocational guidelines work great when a claimant conveniently falls into one of the categories. But it is not uncommon for a claimant to fall between categories due to a claimant’s exertional limitations for the type of work they are able to perform. When this happens we do not get a clear cut answer. The guideline is then used as a framework for the decision. The administrative law judge (ALJ) will often call upon a vocational expert to testify at a hearing to determine how many jobs exist in the economy for an individual claimant based on age, education, and work experience.

While the grids have brought some consistency in the decision making, it is not a sure thing. Once you have been identified in the grid you cannot exceed the maximum residual functional capacity (RFC). Proving this up can be difficult and time consuming depending on certain factors. Consulting a social security disability attorney to help you organize your case in the most effective way to show the administrative law judge your limitations is a good idea. A social security disability attorney can also help you when the vocational medical guidelines are used as a framework for the decision. Collecting the necessary information and cross examining a vocational expert can be difficult. What will you do when a vocational expert says there are several jobs you can do despite your disability, when you believe it is impossible for you to do the many jobs they list in the national economy? When that time comes, do not be without the assistance of a qualified social security disability attorney.