Pending applications for Social Security Disability Insurance (SSDI) benefits are determined on a case-by-case basis. This is to say that the Social Security Administration (SSA) evaluates each claim as either eligible or ineligible based on the applicant’s unique circumstances. But overall, the SSA still uses a standard five-step process that considers fixed factors. With that being said, please continue reading to learn the factors the SSA considers before administering SSDI benefits and how an experienced attorney in SSDI eligibility in New Jersey, at The Law Offices of Sheryl Gandel Mazur, can help you prove that you closely meet this criteria.
What factors does the SSA consider when giving out SSDI benefits?
To reiterate, the SSA uses a step-by-step process posing five questions when determining whether an applicant should be granted SSDI benefits. These five questions read as follows:
- Are you currently working?
- You must either be not working or working but not performing substantial gainful activity (SGA).
- Is your condition considered severe?
- Your condition must limit your work capacity for at least 12 consecutive months.
- Is your condition featured on the list of disabling conditions?
- Your condition must appear on the SSA’s list or be severe enough as a condition on the list.
- Can you return to the work you performed previously?
- Your condition must prevent you from working in the field or at the capacity you once held.
- Can you return to any other type of work?
- Your condition, age, education, past work experience, etc., may make you ineligible for any other SGA.
What special considerations does the SSA make for special circumstances?
You may not meet one of the five factors listed above, in which the SSA may decide that you do not have a qualifying condition, and your SSDI benefits application will be denied. However, you may have special circumstances, and the SSA may then make special considerations. This may apply for any one of the following reasons:
- You may be blind or have low vision.
- Your vision is no better than 20/200 in your better eye, even with a corrective lens.
- Your low vision alone or combined with other conditions may prevent you from SGA.
- You may be a surviving spouse or divorced spouse with disabilities.
- You may be between the ages of 50 and 60.
- Your eligible condition may have started before or within seven years of your spouse’s death.
- You may be a child with a disability.
- You may be 18 years old or younger with an eligible condition.
- You may have an eligible condition that began before you turned 22 years old.
In conclusion, if you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with a skilled New Jersey SSD attorney. Our team at The Law Offices of Sheryl Gandel Mazur wishes to aid you during this difficult point in time.
