WHAT IT REALLY TAKES TO GET SOCIAL SECURITY DISABILITY IN 2022

Do you feel you are disabled?  Have you been unable to work for at least a year, or have been told you must be out of work for at least a year with a serious medical impairment?  You may be thinking about filing a new Social Security disabiity claim.

 What does it really take to get Social Security Disability Insurance (SSDI) payment in 2022?  There are all kinds of stories, myths and partial truths floating around out there.  

 But here is what it really takes, in both a legal and practical sense:

 First, you cannot be working at "Substantial Gainful Activity" when trying for Social Security disability (SSDI).  In 2022, you are working at substantial gainful activity if you have a job or self employment income of at least $1,350 per month (gross).  No excetions.

 You must have a severe medical/mental impairment that causes you to be unable to work AND which is medically determined.  "Medically determined" means you have current, objective medical evidence of treatment from a doctor.

 Also, you must have worked and paid FICA (Social Security) tax by payroll withholding or self-employment tax.  You must have earned at least 20 quarters of work coverage out of the past 10 years (for most claimants).  Pay this FICA tax gives you "insured status" with Social Security.  

 Now the practical side of getting approved.  You must file a complicated application which includes forms, questionnaires and interrogatories send to you by Social Security.  You may be asked to submit to a medical or psychological examination.  There is a 75% chance your application will be denied, so don't lose heart.  Most claims are won in the appeal process, not in the application process.

If you are denied, you must file a written appeal within 60 days (not one day later).  In this appeal, you must use medical evidence to prove 2 things.....

A.  If you are age 55 or over, you must prove that you cannot perform any of the full-time jobs you have had during the past 15 year period. These jobs are called "past relevant work" or PRW.  If you can still perform one of those jobs, in Social Security's judgment, you are not disabled and will not be approved.

B.  If you are below age 50, you must prove that you are not able to perform ANy full-time job which exists in the US national economy.  Thus, claimants who are under age 50 have a distinct disadvantage because they are believed able to "adjust to other work."

 It is usually necessary to enlist the support of one of your treating physicians.  Your doctor can support you claim by providing a Residual Functional Capacity opinion--that this, what type of work related activity are you still able to perform in terms of standing, walking, sitting, lifting, bending, reaching, kneeling, crouching, crawling, handling, etc.?  This is not contained in the routine medical records of the doctor--so you must ask him/her to fill out a separate form.

 Finally, in the appeal process, you have entered into even more complicated, mysterious processes that you don't understand.  For most people, the concept of "proof" is itself mysterious.  What is proof?  How do you get it?  What does Social Security accept as proof?  Thus, you need a professional (attorney or advocate) to help you obtain proof that is acceptable to Social Security.  It isn't about proving that you are disabled.  It is about proving that you are disabled "according to our rules and regulations."

Social security's rules and regulations are unique.  Nobody else on the planet uses the same rules as Social Security.  Evidence that might be approved in a VA case, an insurance case, or elsewhere can be denied in a Social Security case.  They use their own rules.

 Claimants who get Social Security disability benefits (SSDI) in 2022 hang in with the system through several layers of attempts.  They have good medical records and they work smart by bringing in experts who know the rules, the evidence, and the process.  It is a legal process, it requires certain evidence or proof, and it requires that you understand and follow Social Security's system.  

 And it takes time.  Social Security applications and appeals can take from 12 months to 36 months.  Unfortunately, your attorney cannot change how slow Social Security is in doing their work.  So be prepared for a possible long haul.