What Is Considered to Be a Permanent Disability?

On This Page

1. How Does the Social Security Administration Define Disability?
2. How Do People With Permanent Disabilities Qualify for Social Security Disability?
3. Proving You Have a Qualifying Disability to the SSA
4. Applying for Social Security Disability Benefits With a Permanent Disability
5. What Happens if the SSA Denies Your Benefits for a Permanent Disability?
6. Call Berger and Green Today for Help With a Social Security Disability Claim

REVIEWED BY

C. William Kenny

March 03, 2024

Board certified by National Board of Trial Advocacy

A permanent disability is considered to be any physical or mental limitation that impairs a person’s ability to work or carry out their daily tasks. People with permanent disabilities can apply for Social Security Disability (SSD) benefits that provide income if they cannot earn a living.

Before receiving these monthly payments, they must satisfy the Social Security Administration’s (SSA) definition of a qualifying disability. A Pittsburgh social security disability lawyer with our firm can help people with a permanent disability understand the SSA criteria and determine if they can apply.

The Social Security Administration does not use the term permanent disability. Rather the SSA uses the term disability. Your disability may be permanent in the sense that your medical condition will not improve.  The SSA will consider this when reviewing your claim.

How Does the Social Security Administration Define Disability?

Per the Social Security Administration, a person has a qualifying disability if their medical condition:

• Has lasted or is expected to last for at least a year (12 months) or is fatal.
• Prevents them from working at the substantial gainful activity (SGA) level.
• Keeps them from doing the work they did previously or moving into another field.

The SSA evaluates SGA based on an applicant’s monthly income and updates the limit annually. In 2024, the substantial gainful activity limit is $1,550 a month for someone who is not blind and $2,590 for someone who is.

However, a person doesn’t have to have a permanent disability, meaning that there will be no change in your medical condition, to receive benefits from SSD disability programs. Still, the SSA does not offer benefits for partial or short-term disabilities. In those cases, affected individuals might have other resources to support them, including workers’ compensation insurance, savings, or investments.

How Do People With Permanent Disabilities Qualify for Social Security Disability?

The SSA uses a five-step process to determine if someone qualifies for a disability:

• Is a person working? Does their work activity qualify as SGA?
• Is a person’s condition severe? Does it significantly limit their ability to do various work-related activities, such as lifting and standing, for at least a year?
• Is a person’s condition listed in the SSA’s Blue Book Listing of Impairments? This listing identifies medical conditions and impairments that prevent someone from working or doing gainful activity.
• Can a person do the work they performed in previous jobs?
• Could they do another type of work despite their medical condition?

The SSA will consider medical evidence when determining if someone has a permanent disability, including the following:

• Laboratory test results
• X-rays, MRIs, and other imaging tests
• Prescribed treatment plans
• Prescription medications
• Doctor’s notes

Proving You Have a Qualifying Disability to the SSA

The SSA gives weight to medical conditions that meet the qualifying criteria in its Blue Book. Your condition must meet those criteria. However, if your condition isn’t listed in the book, you could still apply for SSD benefits. You will have to provide a residual functional capacity (RFC) statement. This documentation details what you can do despite physical or mental impairment.

You will know your RFC after a Disability Determination Services representative assesses your abilities and impairment-related limitations. Other factors that the SSA could consider include a person’s age, work experience, and education level.

Applying for Social Security Disability Benefits With a Permanent Disability

If the SSA considers a person disabled, they could be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). In some cases, applicants could qualify for both benefits programs.

• Applicants can seek SSDI benefits if they have earned the required work credits. They can provide their employment records, work history, and other documentation to prove they have sufficient credits.
• Applicants can seek SSI benefits if they show proof of having little to no income and limited resources. They must provide records showing their income and assets.

Applying for SSD benefits can be a challenging process for people with permanent disabilities. Their physical limitations can make it difficult to complete their application. Additionally, they have substantial information to process, which is not always easy to understand.

If you or a loved one has a permanent disability that keeps them from working, you don’t have to navigate the process alone. An SSD attorney can explain your options, verify your eligibility, and complete and file your application. They also can file an appeal if the SSA denies your claim.

What Happens if the SSA Denies Your Benefits for a Permanent Disability?

As many applicants learn, the SSA denies many initial applications. The reasons for a denial vary, including technical or medical reasons. An attorney can correct an application’s errors, provide additional evidence, and take care of other application-related tasks.

If you hire an attorney to handle a claim denial, they can lead your entire case and handle all stages of an appeal, including the following steps:

• Reconsideration by a new examiner
• An Administrative Law Judge (ALJ) hearing
• The Appeals Council review
• A lawsuit in a federal district court

An attorney can lead your case through each phase and explain what is required for each one. If you have received a denial notice after filing a disability application with the SSA, you should secure legal representation as soon as possible. Applicants have just 60 days to file an appeal.

Call Berger and Green Today for Help With a Social Security Disability Claim

If you have a medical condition that the SSA might consider disabling and you are unable to work, you can apply for Social Security benefits. Berger and Green has helped disabled individuals for over 40 years receive compensation to meet their monthly expenses.

Our disability attorneys can begin working on your case at the application or during the appeals process. Call us today for a free consultation.