PROCESS OF DETERMINING SOCIAL SECURITY DISABILITY FOR AN ADULT:
This is the process for adults filing for both Supplemental Security Income (SSI) & Social Security Disability Insurance (SSDI)
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Are you currently working?
If so, are you making above what is called Substantial Gainful Activity? Working at the Substantial Gainful Activity (SGA) level for 2020 has been determined when a person is making at least $1,260.00 per month or $2,110 for someone who is statutorily blind. This yearly amount changes with the national average wage index.
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Do you have medically determined “severe” impairments?
This is determined as a documented medical condition such as depression, back issues, etc. that cause issues or prevent someone from working. This could be a combination of conditions and is not limited to only a select few. If you do not have medically determined impairments, then Social Security will deny your claim. These conditions must last or are expected to last a minimum of 12 full months.
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Do you meet or equal a Medical Condition, which Social Security finds causes to be considered disabling?
If not, that is okay. Many people do not meet or equal a particular condition and it is the combined effects caused by multiple impairments that prevent them from working. If you meet or equal one of these particular conditions, then you can become approved at this stage of the Social Security Process.
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Can you return to your past work?
This is pretty straight forward in that Social Security makes the determination on whether you medical conditions prevent a person from working within their previous profession. This is only for those jobs that a person has worked in the 15 years prior to alleging disability. Social Security believes that a person has lost the work skills for any jobs performed more than 15 years prior if they have not had any recent work experience in that field. If you are determined to be able to go back to work in a previous profession, Social Security will deny the claim at this point.
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Can you possibly work in any other job market?
Social Security Disability believes that a person who is age 18-49 can pick up additional job skills in new job markets. This means, that a person must prove to Social Security that they are unable to work at the SGA level within a competitive market. A competitive market is working within a job where you do not need excessive special accommodations such as being allowed to be off task for 20% of your day or double the normal allowed breaks as compared to another coworker. For those people age 50+, Social Security Disability considers these people to be at an age where they should not be expected to have to pick up any new job skills to work within a competitive market. If you cannot return to work at a competitive level, then congratulations Social Security Disability should find you disabled.
PROCESS OF DETERMINING SOCIAL SECURITY DISABILITY FOR A CHILD:
A child can only have a Supplemental Security Income (SSI) claim
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What is a “Child” by Social Security standards?
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Someone under age 18
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Someone age 22 or younger who is currently attending school
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Does the child have a medically determined condition?
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This could be a condition that is expected to last a minimum of 12 full months.
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Expected to end in death.
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Causes marked or severe functional limitations
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What is the household income with which the child lives?
Social Security has a process called “deeming”. This is when a portion of income and resources from the parents/guardians with which the child lives, is expected to be used towards the child’s welfare. After making this determination, whatever the difference from the expected SSI payment minus the “deeming” amount, is how much a child will receive from Social Security Disability.