Social Security Disability Eligibility

On This Page

1. Types of Benefits for Disabled Individuals
2. What is Technical Eligibility?
3. How to Apply for Social Security Disability Benefits
4. Eligibility for Supplemental Security Income (SSI)
5. Get Help Understanding Eligibility for Social Security Disability Benefits

REVIEWED BY

C. William Kenny

February 02, 2024

Board certified by National Board of Trial Advocacy

Applying for Social Security Disability benefits can be daunting, especially when it comes to understanding technical eligibility requirements. While the Social Security Administration (SSA) evaluates both medical and non-medical criteria, meeting the technical eligibility standards is crucial for securing these vital benefits.

If you are unsure if you meet the technical eligibility requirements for Social Security Disability benefits, a Social Security Disability lawyer can answer your questions.

Types of Benefits for Disabled Individuals

The Social Security Administration (SSA) offers several types of benefits to eligible individuals. 

• Disability benefits through Social Security Disability Insurance (SSDI) assist individuals who are unable to work due to a disability and have earned work credits. An SSDI attorney can help you through the application and appeals process.
• Supplemental Security Income (SSI) offers financial aid to low-income individuals who are blind or disabled. An SSI lawyer can help you determine eligibility and apply for assistance or appeal a denial.

Each program has different eligibility requirements, and benefit amounts will differ based on program type and various factors. It is possible qualify for both SSDI and SSI.

SSDI Earnings

Social Security Disability Insurance (SSDI) benefits depend on your previous earnings and any other sources of income. In 2024, the maximum monthly SSDI payment possible is $3,822, as outlined in this Social Security Fact Sheet. 

However, state-specific benefits can change the amount you receive. Additionally, if you are working while on benefits, this amount, outlined here on the Substantial Gainful Activitypage, will influence how much you earn in SSDI benefits each month.

SSI Earnings

If you are seeking SSI, the highest amount of benefits you could earn is $943. Any countable income you earn can impact how much you receive from SSI, or if you are still eligible for benefits.

What is Technical Eligibility?

Technical eligibility refers to the non-medical requirements that you must meet to qualify for Social Security Disability benefits. These requirements include work history, earnings, and legal status. Understanding these criteria is an essential step in the application process. If you do not meet the technical requirements, you will be denied benefits, despite your disabling medical condition.

Work Credits and Earnings

To qualify for Social Security Disability Insurance (SSDI) benefits, you must have a sufficient work history and have paid into the Social Security system through payroll taxes. Work credits are earned based on annual income, and the number of credits required depends on your age at the time of disability.

Typically, applicants need to have earned a certain number of work credits within a specified period leading up to their disability. However, younger applicants may qualify with fewer credits. The SSA provides detailed guidelines on work credits and earnings thresholds, which applicants should review carefully.

A simple explanation of required work credits is that you need to have worked 5 of the last 10 years to be eligible. Younger applicants for benefits may need fewer work credits.

Duration of Work Requirement

In addition to earning enough work credits, applicants must have worked for a certain duration under Social Security-covered employment. The SSA considers the applicant’s recent work history to determine if they meet this requirement.

A simple explanation of required work credits is that you need to have worked 5 of the last 10 years to be eligible. Younger applicants for benefits may need fewer work credits.

Recent Work Test

The recent work test evaluates whether applicants have worked recently enough and for a sufficient duration under Social Security-covered employment. This test considers the number of years worked and the recency of employment, ensuring that applicants have been actively participating in the workforce.

If you have not worked in the last 10 years you may not pass the recent work test which is required to receive Social Security Disability benefits.

Legal Status and Citizenship

If you are looking for SSDI benefits, you may be eligible as a non-citizen. You must be in the U.S. lawfully and have worked jobs that contribute to SSDI.

Applicants must also meet certain legal requirements to receive Supplemental Security Income benefits. They must be either U.S. citizens or qualified non-citizens with lawful permanent residency status. Non-citizens must provide documentation to prove their eligibility.

It can be difficult to determine if you qualify for either program based on your immigration status, but an SSD lawyer can help you figure out your eligibility.

Other Non-Medical Criteria

Beyond work history and legal status, other non-medical factors may affect eligibility for Social Security Disability benefits. These may include the applicant’s age, marital status, and contact information. An error on your application for benefits could result in a denial of benefits.

How to Apply for Social Security Disability Benefits

Applying for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) involves several key steps to ensure eligibility and secure benefits. 

• The process begins with the application stage, where individuals submit detailed information about their medical conditions, work history, and personal details. This can be done online, by phone, or in person at a Social Security office.
• If the initial application is denied, the next step is to file an appeal. The first level of appeal is a reconsideration, where a new Social Security representative reviews the case and any additional evidence provided. This step allows applicants to address any reasons for the initial denial and strengthen their case with further medical documentation. 
• Should the reconsideration result in another denial, applicants can request a hearing before an Administrative Law Judge (ALJ). At this stage, applicants may present their case in person, often with the assistance of legal representation. The hearing is a critical opportunity to provide detailed testimony and cross-examine any vocational or medical experts that the Social Security Administration (SSA) may present.

Throughout these stages, it is essential for applicants to adhere to deadlines and provide comprehensive, up-to-date information to maximize their chances of a favorable outcome. Persistence and thoroughness are key in navigating the SSDI and SSI application processes. A lawyer can help you with an initial application or an appeal, so do not hesitate to seek help from our team.

Eligibility for Supplemental Security Income (SSI)

If you do not meet the technical requirements for Social Security Disability benefits, you may still be eligible for Supplemental Security Income (SSI). SSI is a needs-based program designed to provide financial assistance to low-income individuals who are blind or disabled, regardless of their work history. Unlike Social Security Disability Insurance (SSDI), SSI eligibility is based on financial need rather than work history or earnings. 

To qualify for SSI, you must meet specific income and resource limits set by the Social Security Administration. If you find yourself ineligible for Social Security Disability benefits due to technical requirements, exploring SSI as an alternative option may provide the support you need. The team at Berger and Green can help you understand the eligibility requirements for SSI in greater detail.

Get Help Understanding Eligibility for Social Security Disability Benefits

Navigating the technical eligibility requirements for Social Security Disability benefits is a critical step in the application process. By understanding the work credits, earnings thresholds, recent work test, legal status, and other non-medical criteria, you can improve your chances of approval. 

Seeking guidance from an attorney at Berger and Green can also provide valuable support throughout the application process. If you have been denied benefits, or you are applying for the first time, contact the lawyers of Berger and Green for a free case evaluation.