Welcome to the

Law Office of Daniel Berger

When is a Person Considered Disabled by Social Security Disability?

Published on October 9th, 2017

If you are considering filing for Social Security Disability (SSDI) benefits, then you might be wondering what, exactly, qualifies someone to be considered disabled? In a nutshell, the SSA states that a person might be considered disabled when they are suffering from a condition that keeps them from being able to be engaged in what is known as “Substantial Gainful Activity.” While it seems to be a simple answer, it is an answer that requires a bit of clarification to fully understand.

Disabled Person

What is Substantial Gainful Activity (SGA)?

The first and most important piece of a disability determination is whether or not you are able to work. SGA is the threshold of income determined by the SSA; if you are currently able to work and earn more than this amount then you are considered to be earning enough that you do not need SSDI benefits in the first place. Currently, the SGA amount is set at $1,170 for an individual (or $1,950 for someone who is blind). If you are able to make this amount per month, then your application is pretty much going to be denied.

Proving Disability

If, however, your condition means that earning this amount of money is a daily struggle, then you will need to be able to prove that your inability to work is caused by some sort of condition or impairment. There are two ways to do this:

– The first way is by proving, through the use of medical documentation, that you have one of the many different medical conditions listed and described in the SSA’s Blue Book. This document is a comprehensive, detailed list of many different types of medical ailments, including diseases, injuries and mental impairments. If your condition is listed in the Blue Book, and you meet the requirements, then you will be considered disabled, and able to collect social security disability.

– If your condition is not in the Blue Book, however, your case is not lost. This is because the SSA recognizes that other conditions can also be severe enough that they interfere with your ability to work. Since there isn’t a specific criteria or condition to follow, though, the burden of proof rests on you. You need to provide medical documentation that describes your disability, and (more importantly) how it impacts your life and ability to work. If you can prove that your condition makes it impossible to meet the SGA threshold, than you may still qualify for SSDI benefits.

If this seems daunting, it is. It’s not impossible, though. To help build your case and get your closer to collecting the benefits you need, please contact us today.


Back to Blog

Contact us Today!

Call toll free 1-855-444-7024

or

Free Case Evaluation

Our Testimonials

Testimonial by Carlos Torres

"El proceso que yo tuve con el abogado Daniel Berger y su officina fue muy excelente.

Me gusto come el abogado Berger me ayudo el dia del audencia con el juez. Sus secratarias fueron muy amables y me ayudaron mucho con mi caso. Yo recomendo mucho a el abogado Daniel Berger."

– Carlos Torres
Testimonial by A.Y. Disla

"I was extremely satisfied with Mr. Daniel Berger and his staff.

Mr. Berger was great in the hearing and how he handled my case. I am really thankful for all the hard work. Mr. Berger and his staff did and for winning my case."

– A.Y. Disla
Testimonial by Lilliam Rivera-Reyes

"I had a very challenging case; another attorney took my case and to my surprise sent me a letter dropping my case. I was very down and did not think I had a chance, until I met Mr. Berger and his staff.

Their professionalism and hospitality was very warm and inviting. They took my case on as a challenge and gave me a hope. I am very thankful for his professionalism and for winning my case. I will never forget him and will recommend him to my friends and family."

– Lilliam Rivera-Reyes