Social Security and Disability Issues

Since 1954 the federal Social Security Administration (SSA) has provided disability benefits for workers. The SSA disability program has changed over the years but remains a means to provide direct financial assistance to all people who are physically or mentally unable to perform work and earn a credible income. What is important to remember, however, when applying for SSA disability benefits is the decision to approve the application is a legal decision, not medical. A doctor cannot grant SSA disability, only the SSA can through the disability determination process.

Work

• The main issue with SSA disability is that an applicant (or “claimant,” someone claiming disabled status) cannot be working. The logic appears self-evident – a person cannot be working and be disabled from work. Claimants, however, will often apply for disability while working with great pain, physical or mental limitations. Unfortunately, work as defined by SSA is not allowed while applying for disability.

  SSA, however, defines work a little more broadly than just going to a job. The work must be a substantial gainful activity (SGA). Some jobs performed may only meet one or two of the criteria and thus not be considered work. Workers earning a small amount of money part time doing makeshift work for a friend or family member would not meet the SGA requirements. The distinction can be confusing and consulting with the SSA about work status is important before pursuing disability benefits.

Other Work

• Claimants are regularly denied SSA disability benefits because they are able to do other work. SSA does not provide disability benefits if a claimant is unable to do a particular job--rather, when the claimant cannot do any job. An example is a 40-year old brick mason with a high school diploma and a serious muscular and skeletal back condition. SSA would recognize the worker no longer can climb ladders and carry heavy bricks and mortar. But the worker could learn to sit at a desk, answer telephones, type or even do light factory production work. As such the disability determination would be the that claimant’s condition is severe (meaning SSA agrees the claimant can no longer be a brick mason) but the condition does not prevent all work. The claim would be denied.

Age and education

• Another issue impacting SSA disability is the claimant’s age and education. Quite simply, an older worker (over 55) with less education (less than a high school diploma) would not be as difficult to qualify for SSA disability as a younger worker with a college degree even if they both had the same diagnosis and condition. This is because age and education impact the ability of a worker to learn other skills and do other work. An older person on the job for many years has learned skills specific to the job. Less education would mean they would be less likely to learn new skills. Younger, better-educated workers do not have this impediment and can learn other work more readily.