When am I Eligible for Social Security Disability?

Rutter Mills Law Firm

When am I Eligible for Social Security Disability?

Social Security Disability Info

Eligibility for Social Security Disability insurance (SSD) requires a medical diagnosis of a total physical or mental disability. It means the individual has been unable to work at their current job for at least one year or until death. They must also have the requisite number of work credits– a total of 40 over the past 10 years.

Even if you are eligible, that does not ensure a smooth process. The guidelines are very strict, and most people find their initial applications denied. Even the majority of appeals are not approved. However, those who hire legal counsel usually fare much better than those who decide to apply on their own.

The Virginia  Social Security disability lawyers at Rutter Mills can assist you in filing the application and ensuring all necessary documentation is included—which is a big factor in claim denial. For over 50 years, we have helped clients receive the SSD benefits they need and deserve.

When am I Eligible for Social Security Disability?

Only those who are completely disabled are eligible. Anyone with a partial or short-term disability is not—further, the program does not offer any type of benefits for this. The person cannot have reached age 65, because then they are eligible for the standard Social Security benefits. If the individual receives SSD, benefits automatically transfer to Social Security– at the same amount– once the person turns 65.

If a person is approved for SSD benefits, they also become eligible to receive Medicare benefits within two years of the decision. For most workers, Medicare eligibility normally occurs at 65.

No Income Producing Work

Further, the individual must be unable to work at their current job, but also unable to work at any other job—given their skills, age, past work history, medical condition, and education.

If the individual earns more than the amount the Social Security Administration (SSA) considers “Substantial Gainful Activity,” they cannot apply for benefits. The SGA amount changes annually. A disabled person can work part-time and remain eligible for SSD benefits– if the amount is below the SGA level.

SSA also decides whether the applicant is capable of performing any type of work. Generally, they cannot perform any type of work if they are unable to stand, walk, or sit for long periods, or if a mental disability precludes them from concentrating or otherwise holding gainful employment.

Social Security Work Credits

Work credits for Social Security are based on total annual wages or the person’s self-employment income. Workers can earn up to four credits per year. Forty credits are needed to qualify for SSD– and half of those credits must have been earned within the past 10 years. While the amount needed to earn a work credit changes annually, for 2020, anyone earning more than $5,640 has earned four credits for the year.

There are exceptions to the 40 work credit rule, and that applies to younger SSD applicants. Keep in mind that the 40 credit minimum does not apply to lifetime credits. That is why applicants must apply for SSD as soon as they become disabled– and not wait several years.

Medical Conditions

The SSA has a list of medical conditions that warrant approval for SSD, known as The Listing of Impairments. Unfortunately, it does not include every type of disabling illness. Further, even if your condition is on the list, you must experience certain symptoms. For example, while asthma is included on the list, only those with severe symptoms will receive SSA approval, and the same holds for other conditions.

Your doctor must also confirm that the condition poses limitations to your ability to work at your job.

SSD Benefit Amounts

Even under the best of circumstances, it takes at least five months from the application date for SSA approval. As noted, most initial SSD applications are denied, and it is necessary to file an appeal within 60 days.

When the SSD application is eventually approved, the individual’s benefits are based on their average lifetime earnings– up to a certain limit.

Contact us at Rutter Mills today

If you would like to apply for SSD or have applied and were denied, our lawyers for SSD benefits can help. Call or text us 24/7 or submit our online contact form to schedule a free consultation. We serve the Newport News, Norfolk, Richmond, and Hampton Roads areas.

We will review your situation and confirm that you meet SSD requirements. We work on a contingency basis, so there is never a fee unless you receive benefits.

Social Security Disability Lawyers

Social Security Disability Lawyer Resources – Areas Served

Contact a Rutter Mills attorney to speak about your case today.

Consent
This field is for validation purposes and should be left unchanged.
Experience
0
+

Years Helping Virginians

Locations
0

Convenient Offices

Our Team
0
+

Team members ready to help.

TESTIMONIALS

You don’t have to worry about the bills, just get healthy.

Dave Put His Trust in Us

Don’t Fall For The Insurance Company’s Games

Dave suffered serious injuries in a car accident. The defendant’s insurance company tried to offer him a low amount so Dave called Rutter Mills. We took over dealing with the insurance and got Dave the money he needed to get back on his feet.

They enabled me to be happy in life again.

Get Back On Track

Protecting Your Future

Glenn’s car accident changed his life, but not permanently thanks to the help of his Rutter Mills attorney. When the insurance companies wouldn’t help him, our team fought back and won.

I knew I needed Rutter Mills.

Fighting For What's Right

Getting Justice

On his way home from work at the shipyard, Dan was involved in an accident. He tried to file a claim on his own, but the insurance company wouldn’t give him the money he needed to put his life back on track. Dan knew he needed to call Rutter Mills.

They actually won my case 3 times!

Larena's Win

After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

Who Do You Trust With Your Family?

After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

Who Can You Turn To?

Referrals From Friends and Family

After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

They really care for you as a person. Words cannot describe what Rutter Mills did for me and for my case.

When You Need Someone In Your Corner

Don’t Go It Alone

When the insurance company tried to get Carol to sign paperwork after her car accident, she knew she needed a lawyer. Carol knew she needed Rutter Mills.

When I called Rutter Mills, I knew it was the right fit. They’re so interested in helping you get justice.

Getting The Justice You Deserve

When Mom Needs Strength

Taryn was in a car accident while she was pregnant. She knew she needed someone in her corner to protect her rights and her family’s future.

There’s attorneys, then there’s Rutter Mills.

We're Here When The Unexpected Happens

Priorities

A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

Motorcycle Accidents Change Everything

When Ed was injured in a motorcycle crash, he knew he needed a serious lawyer to protect his rights. The insurance companies were fighting him every step of the way. Rutter Mills helped prove Ed’s case and get him the money he needed to get on the road to recovery.

With the seriousness of the accident, I knew that we needed a serious lawyer. I needed Rutter Mills.

Carol & Levon's Story

They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.

Watch his 30 second testimonial video
Watch Glenn's 30 second story
Watch Dan's 30 second video
Watch Larena's 30 second story
Watch Jamaree's 30 second video
Watch Levon's 30 second video
Watch Ed's 30 second story
Watch Carl's 30 second video
TESTIMONIALS How We Helped