Am I Eligible for Social Security Disability?
The Social Security Administration (SSA) follows a strict set of detailed rules and procedures to determine if you qualify to receive benefits under the Social Security Disability program. With over 60 years of combined experience helping individuals navigate the application process, the attorneys at Cyrus & Adkins help ensure you meet all requirements—and prove your qualifications—when applying for benefits.
Prior employment requirements
The first requirement for filing a disability claim in West Virginia pertains to the amount of time you worked before you became disabled. The SSA bases work credits on the total amount of either wages or income from self-employment. Although the amount you need for a work credit changes on an annual basis, in 2011 you earn one credit for each $1,120 of qualified income, up to a maximum of four credits each year.
If you are age 62 or older, you need to earn 40 credits, with 20 earned within the last 10 years. But younger West Virginia individuals need fewer credits to file a disability claim based on a graduated scale, where individuals younger than 24 can qualify with just six credits earned within the prior three years.
Disability requirements
The SSA follows a strict definition of disability when reviewing disability claims in West Virginia that begins by meeting all of the following requirements:
- You must be unable to do the work that you did prior the sustaining the disability.
- The SSA must determine that you are unable to perform other work due to your condition.
- The disability must last (or be expected to last) for at least one year, or it must result in death.
To determine if your condition meets the definition of disability, the SSA reviews five additional questions:
- Are you working? No one continuing to earn an average of over $1,000 per month qualifies.
- Is your condition severe? Your condition must interfere with basic activities related to your work.
- Is your condition a disabling condition? The SSA maintains a detailed list of medical conditions that qualify, but it is possible to consider West Virginia individuals to qualify to file disability claims for any condition, provided the SSA finds the condition to be equally severe to other conditions on their list.
- Can you perform your previous work? If the SSA determines your condition is not as severe as a condition on the list, you can still qualify if they determine you cannot perform the work you did previously.
- Can you do another type of work? If you cannot perform your previous work, the SSA analyzes your condition combined with your age, education, past experience, and transferable skills to decide if you can adapt to another form of employment. If you can't adapt, you may be granted SSD benefits.
Naturally, many details and exceptions apply in this analysis. The attorneys at Cyrus & Adkins have the experience needed to help determine if you qualify under all rules—and we help ensure your claim contains evidence of your qualifications.
