What Constitutes a Disability?
Social Security benefits are usually difficult to obtain because their definition of disability is strict. It is generically called total disability. To be accurate, it is the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months”.
In other words, eligibility is based on being disabled from all work, not just a person’s past work. That is softened somewhat by some vocational criteria involving age, education and lack of some work skills.
The general criteria includes:
- You cannot perform the job/work that you did before you became disabled
- It is decided that you are unable to adjust to a new job/working environment due to this disability
- This disability is deemed to last over a year or result in your death
At William C. Bernhardi Law Offices, PLLC, our job is to help you build your disability case so that you can have a much greater chance at receiving the benefits that you deserve.