How does social security define “Disability”?

Answer: Disability is defined as followed: A person who is unable to work because of a mental or physical condition. The condition must last for one year or more or be expected to result in death.

Social Security considers a person “disabled” and entitled to disabled worker’s benefits if they meet the following conditions:

A. The person must be unable to engage in any Substantial Gainful Activity because of a physical or mental impairment. The person must be both unable to do their previous work and also unable to perform any other type of work in California, or any other state, considering their age, education, and work experience;

Note: For purposes of Social Security disability, it doesn’t matter that potential employers won’t hire you. The Social Security Administration will look at whether a person with your severe physical and mental impairments could perform a full time job for forty hours per week.

B. Your impairment(s) must be established by objective medical evidence; therefore it is crucial to the success of your claim that you visit your doctors regularly and inform them of all of your impairments.

C. Your severe impairments must be expected last for at least 12 consecutive months and/or be expected to result in death.

D. Lastly, you must meet the non-medical criteria needed to qualify for the Disability or SSI programs.

Due to the complexity of the Social Security process, it is often crucial to the success of a person’s claim to hire a Social Security disability lawyer. He/She will have a much greater feel for what medical evidence needs to be acquired and which doctors should be seen.