Who is entitled to disability benefits? (2024)

(a) General. You are entitled to disability benefits while disabled before attaining full retirement age as defined in § 404.409 if—

(1) You have enough social security earnings to be insured for disability, as described in § 404.130;

(2) You apply;

(3) You have a disability, as defined in § 404.1505, or you are not disabled, but you had a disability that ended within the 12-month period before the month you applied; and

(4) You have been disabled for 5 full consecutive months. This 5-month waiting period begins with a month in which you were both insured for disability and disabled. Your waiting period can begin no earlier than the 17th month before the month you apply—no matter how long you were disabled before then. No waiting period is required if you were previously entitled to disability benefits or to a period of disability under § 404.320 any time within 5 years of the month you again became disabled.

(b) Prohibition against reentitlement to disability benefits if drug addiction or alcoholism is a contributing factor material to the determination of disability. You cannot be entitled to a period of disability payments if drug addiction or alcoholism is a contributing factor material to the determination of disability and your earlier entitlement to disability benefits on the same basis terminated after you received benefits for 36 months during which treatment was available.

[44 FR 34481, June 15, 1979, as amended at 48 FR 21930, May 16, 1983; 51 FR 10616, Mar. 28, 1986; 51 FR 16166, May 1, 1986; 53 FR 43681, Oct. 28, 1988; 57 FR 30119, July 8, 1992; 60 FR 8145, Feb. 10, 1995; 68 FR 4704, Jan. 30, 2003]

Who is entitled to disability benefits? (2024)

FAQs

Who is entitled to disability benefits? ›

SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible.

What makes you qualified for disability benefits? ›

In order to be eligible for DI benefits, you must: Be unable to do your regular or customary work for at least eight days. Have lost wages because of your disability. Be employed or actively looking for work at the time your disability begins.

How do you answer a disability determination question? ›

Only say what's truly needed for the SSA to understand your answer. The SSA is only concerned with your eligibility for benefits and giving too much information won't help. Examples: Say “I can only sit for 20 to 30 minutes without pain,” instead of “I haven't been able to watch a movie with my family in 6 years.”

Who is eligible for disability in the US? ›

You must have a disability that affects your ability to work for a year or more, or will result in death. If you continue to work, your condition must also limit you from earning income above an amount we call “substantial gainful activity” (SGA).

What is the most commonly approved disability? ›

Various conditions can qualify you for disability benefits. Among disabled workers, the most commonly approved conditions are musculoskeletal issues and nervous system and sense organ issues.

What conditions are not considered a disability? ›

Broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally would not be disabilities. A broken leg that heals normally within a few months, for example, would not be a disability under the ADA.

What are 14 major types of disability? ›

  • Autism...
  • Deaf-Blindness...
  • Deafness...
  • Developmental Delay...
  • Emotional Disturbance...
  • Hearing Impairment...
  • Mental Retardation...
  • Multiple Disabilities...

What to say and not to say at a disability doctor? ›

Do not tell the doctor you are “o*kay,” “fine,” or “pretty good” when you are there for an assessment of your condition. Even saying this out of habit could jeopardize your claim. Be honest about your complaints, symptoms, and other details of your condition.

What not to say on a disability function report? ›

5 Biggest Mistakes on Adult Function Reports
  • Not reading the entire question. ...
  • Not being clear about how long it takes you to do things. ...
  • Not being clear about what you do all day. ...
  • Not listing the side effects of your medications. ...
  • Not answering questions consistently.

What are the 5 steps of disability determination? ›

Social Security Administration's 5-Step Sequential Disability Evaluation
  • Step 1: Financial Eligibility. ...
  • Step 2: Severe Impairment. ...
  • Step 3: Impairment Criteria. ...
  • Step 4: Previous Employment. ...
  • Step 5: Work Capacity. ...
  • Submitting an SSI or SSDI Application.

What's the fastest you can get approved for disability? ›

While some people are approved in as little as 30 days, others can wait a year or longer before they receive a final decision.

Who determines what is a disability? ›

An adjudicative team consisting of a medical or psychological consultant and a disability examiner usually makes the determination. If the adjudicative team finds that additional evidence is still needed, the consultant or examiner may recontact a medical source and ask for additional information.

What is considered to be a permanent disability? ›

If your treating doctor says you will never recover completely or will always be limited in the work you can do, you may have a permanent disability. This means that you may be eligible for permanent disability (PD) benefits. You don't have to lose your job to be eligible for PD benefits.

What is the easiest disability to prove? ›

What are the easiest VA disability claims to win?
  • Tinnitus. Tinnitus is characterized by hearing a humming, buzzing, hissing, or clicking in the ears when no external sound is present. ...
  • Musculoskeletal Conditions. ...
  • Mental Health Conditions. ...
  • Scars. ...
  • Presumptive Disorders. ...
  • Do You Need to Speak With a Veterans Benefits Lawyer?

What gives 100% disability? ›

The 100 percent disability rating is often awarded to veterans with two or more limbs that have been amputated or paralyzed or for veterans with active service-related diseases such as cancer, severe cardiac conditions, or psychiatric conditions such as PTSD, bipolar, depression, or schizophrenia.

What disabilities are hard to prove? ›

Common Disabilities That Are Difficult to Prove

Mental Health Disorders: Certain mental health conditions like depression, anxiety, schizophrenia, bipolar disorder, and other personality disorders can be difficult to prove. Their effects fluctuate over time, and each condition affects a person differently.

What diagnosis is considered a disability? ›

A disability is any condition of the body or mind (impairment) that makes it more difficult for the person with the condition to do certain activities (activity limitation) and interact with the world around them (participation restrictions).

What are 3 ways a person may become ineligible for disability benefits? ›

There are a number of reasons why someone might not qualify for SSDI, or lose that qualification due to lack of attention or other factors.
  • Income is too high. ...
  • Lack of technical compliance. ...
  • Disability sustained by substance abuse. ...
  • Non-qualifying medical condition.

What qualifies as a person with a disability? ›

An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

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