In order to qualify for SSD (disability insurance), you need to have worked in the last five years. SSI (supplemental security insurance) has no work requirements, but rather is needs based (Social Security looks at the amount of your assets).

The Social Security standard is that a claimant can be declared disabled if they are not physically able to perform gainful employment. The Social Security website contains a listing of the criteria for specific illnesses and impairments (https://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm). If you cannot work and meet one of the listings, then you are disabled. You can also qualify for disability if you do not have the ability to perform ordinary tasks at a level that makes you employable. If you cannot sit or stand for long periods of time, or cannot lift a certain amount, you can qualify for benefits. The court can use a vocational expert to evaluate your ability to work in certain jobs with your physical limitations, at the hearing in your case. Things like high pain levels and mental impairments can also be a part of the analysis, when functional capacity is being examined.

Bottom line, the court uses your testimony and your medical records to determine whether you are disabled.

When Is Medical Evidence Enough To Establish Your Disability?

Medical evidence may establish that you are disabled if:

1. You are an adult and the evidence shows that you have an impairment as described in Part A of the Listing of Impairments; or you are a child under age 18 applying for SSI and the evidence shows that you have an impairment(s) as described in Part B of the Listing (see §607.2); this is called “meeting” a listing; or
2. All the evidence in your case record shows you have an impairment or combination of impairments that is medically as severe as a listed impairment; this is called “medically equaling” a listing.

You must not be engaging in any substantial gainful activity.

607.2How Do We Use The Listing Of Impairments To Establish Disability?

The Listing of Impairments (the listings) is set out in the Social Security regulations. For each major body system, the listings describe examples of common impairments that SS considers severe enough to keep an adult from doing any gainful activity. SS considers the listings that apply to a child under age 18 applying for SSI disability payments to be severe enough to cause marked and severe functional limitations.

The listings are in two parts. There are listings for adults (part A) and for children (part B). If you are age 18 or over, SS uses part A when they assess your claim and never use the listings in part B. If you are under age 18, they first use the listings in part B. If the listings in part B do not apply, and your specific disease process(es) has a similar effect on adults and children, they then use the listings in part A.

607.3Is The Diagnosis Of An Impairment In The Listings Enough To Establish Your Disability?

No. A diagnosis alone does not meet the guidelines of any listing simply because it is the same diagnosis as a listed impairment. To be considered as “meeting” a listing, an adult’s or a child’s impairment must have the symptoms, clinical signs, and laboratory findings specified in the Listing.

When You Win

Payments are calculated based on the amount of money put into the system for SSD (disability insurance). The more years you worked, the more your disability payment. As a base, SSI is paid at the $750 level this year. That amount can go down, if you have resources that count against you, such as someone providing you a place to live, free of charge. Further, if you qualify for SSD at a lower level, sometimes the Administration will use SSI to supplement your monthly payment, if you qualify under the rules.

Contact the Nicholson Law Firm for a consultation on the steps to win your disabiity case. The Nicholson Law Firm is located in Shreveport and Baton Rouge and practices in Northern Louisiana and Southeast Louisiana, including Shreveport, Bossier City, Baton Rouge, Gonzales, Livingston, Amite, Hammond, Covington, Denham Springs, New Orleans, Port Allen, Plaquemine, New Roads, and many other cities.

Contact us today at (225) 281-7715 or (318) 618-0303

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