Does your Injury Qualify for SSD Benefits?
If you are suffering from an injury sustained in a workplace accident, you might be wondering if it is serious enough to qualify you to receive social security disability (SSD) benefits. You might have previously heard that only a few types of injury can qualify an individual for SSD benefits or that the majority of SSD claims are rejected. This second statement is not true. However, a successful SSD benefits claim does require that you prove that you meet both the medical and work history requirements to receive this compensation.
How is the Severity of an Injury Determined?
When an individual applies for SSD benefits, his or her claim is evaluated by the Social Security Administration (SSA) to determine the severity of the injury and whether he or she qualifies for SSD benefits based on his or her work history.
To start, a condition must be severe enough that it inhibits the individual’s ability to perform his or her job tasks. But this is not where it ends. If a condition is included on the SSA’s list of debilitating conditions, the claimant is automatically determined to be disabled. If his or her condition is not on the list, he or she must provide evidence to prove that it has an equal impairment level to the conditions that are on the list.
If the SSA determines that the claimant has a severe condition but that the condition is not on the same level as those included on its list, it looks at whether the claimant can perform the type of work that he or she did previously. If it does not, the claim is denied. If it does interfere with this work, the SSA looks at the type of work the individual can do based on his or her abilities, age, skill set, and education level.
Work Requirements for SSD
If an individual is currently working and bringing in at least $1,130 per month, it is probable that he or she will be denied SSD benefits. If the claimant does not make at least this much money, he or she may be evaluated by Disability Determination Services (DDS) to perform the steps listed above.
To qualify for SSD benefits, an individual must also have sufficient work credits. These credits are based on the individual’s income, and an individual may earn up to four credits per year. In 2016, one credit is worth $1,260. Once an individual earns $5,040 this year, he or she has earned his or her four work credits. In most cases, a worker must have at least 40 credits to qualify for SSD benefits. However, younger workers who become disabled may be able to qualify with fewer work credits.
Work with a New York Social Security Disability Benefits Lawyer
Whether you qualify for SSD benefits or not can be determined by an experienced social security attorney. Contact The Law Office of Robert A. Koenigsberg today to discuss this during your free legal consultation.