Social Security Disability Requirements

What are the Compassionate Allowances Listings?

Under the Blue Book listings, Cancer is found in Section 13.00. Under that listing, individual disability listings are broken down according to where the cancer originates. Each type of cancer has its own set of requirements and criteria you must meet to qualify. As an example, suppose you have been diagnosed with breast cancer. In order to qualify for disability benefits, under Blue Book requirements your breast cancer must have spread to other parts of your body, or “distant breast regions.” Some types of cancer—as well as other severe medical conditions—will fall under the Compassionate Allowances listing, which covers conditions that are usually considered terminal. Under the Compassionate Allowances, if you have such a condition your application will be reviewed quickly so your claim can be approved.

Many aggressive cancers will qualify if one of the following is true:

• The cancer is inoperable
• The cancer recurred despite treatment
• The cancer has spread past its region of origin

In addition to some aggressive cancers, a few of the other conditions that qualify for Compassionate Allowances include:

What are the Non-Medical Requirements for SSD Benefits?

Non-medical requirements for SSD benefits include income requirements, marital status, age, and work credits. Non-medical criteria must be provided by you and your employer and verified by the Social Security Administration. Non-medical disability criteria are not tied to mental health or medical health conditions. Your age is important in the determination of Social Security Disability benefits as it determines how long you worked prior to becoming disabled. A birth certificate is generally accepted as proof of age.

Next, the Social Security Administration will want to look at your work records, including where you have been employed, how long you were employed, and how much you have paid in FICA premiums over the years. Both your eligibility for disability benefits and the amount of benefits you could be eligible to receive are based on how much you worked in the ten years prior to the time you became disabled and how much you made while working.

The SSA will carefully verify your employment history, including the types of work you have done in the past. This will help to determine whether you are capable of engaging in the type of work you have done in the past or not. The Social Security Administration will use your employment records to determine whether you have sufficient work credits through paying Federal Insurance Contributions Act premiums while working. Most workers must have worked a minimum of five out of the last ten years to qualify, although the exact requirements will also depend on your age.

The Social Security Administration will verify your marital status; while your marital status, on its own, has no bearing on whether you will be determined to be disabled, your spouse’s income is a disability criterion when determining the Social Security Disability benefits you may be entitled to receive. The income threshold will be used to determine whether you are currently making too much money to qualify for SSD benefits. As of 2020, if you earn more than $1,260 per month you cannot qualify for disability. If you earn less than this, and you qualify under other non-medical and medical criteria, you may be able to receive Social Security Disability benefits.

How to Complete Forms and Reports for Your SSD Case

How Do I Qualify for Social Security Disability Eligibility Requirements?

If you can clearly show that your medical condition qualifies you for SSD benefits, it will be much easier for you to obtain those benefits, however, the non-medical requirements are also very important. If your initial claim is denied you will be given a reason for the denial, which will be that your medical condition does not fit the criteria, that you have insufficient work credits, you make too much money, or you have failed to provide the SSA with requested documents.

What are the Requirements to Keep Social Security Disability?

The most common reason your SSD benefits might stop is that you have returned to work, although there are instances where you can continue receiving SSD benefits while engaging in a “trial work period.”  This work period allows you to attempt to return to work without losing your SSD eligibility. In most instances, you can work for up to nine months during a trial work period while maintaining your SSD benefits—no matter how much you are making. At the end of the trial work period, if you are still working and making more than $1,260, you will no longer be considered disabled and your SSD benefits will cease.

If you are receiving SSD benefits and you reach full retirement age, your disability benefits will stop when your Social Security benefits begin. If you are incarcerated after being convicted of a crime, your disability benefits will cease for the time you are incarcerated, and, unless you participate in a rehabilitation program, your benefits will be suspended after 30 days of incarceration, to be reinstated the month following your release. In some cases, a felony conviction will cause your SSD benefits to cease, even if you are not incarcerated.