Posts under ‘Definitions’

I have written about how Social Security defines disability, work, and a substantial gainful activity.
But, how does Social Security really evaluate a case?
Social Security reviews cases using the five-step sequential evaluation process to decide is a person is disabled.  Here are the 5 questions that make up the sequential evaluation process:

Does your impairment keep you [...]

Social Security encourages you to try to go back to work to see if you can do it. A Trial Work Period (TWP) lets you work and still be considered disabled by Social Security.
A beneficiary receiving Social Security disability benefits may test his or her ability to work and still be considered disabled. We do not consider [...]

Social Security has two different benefit programs for individuals who are disabled.

Disability Insurance Benefits (DIB, also known as SSDI, or Title 2 benefits); and
Supplemental Security Income (SSI or Title 16 benefits).

Because of its name, it is a common misconception that must apply for “Disability Insurance” if you are disabled. Actually, both programs provide disability benefits.  
What is [...]

Social Security a bit like car insurance:  you pay your premiums to obtain insurance covered.  
When it comes to Social Security, your premiums are your payroll taxes and the coverage is disability insurance.  
In order to qualify for Social Security Disability Insurance, you have to have paid enough into the Social Security system through payroll taxes. [...]

A lot of people ask me how Social Security decided if they are disabled.
I can’t do the work I have done for 35 years.  Am I disabled?
I stopped working to take care of a family member, but now I am sick.  Am I disabled?
I got hurt at work, then they fired me.  I keep applying [...]

Overpayment cases are very tough to win.  If you decide to fight an overpayment, you need to know what you are up against.
Here is what the law says about how Social Security evaluates whether you have to pay back an overpayment or not.  This is taken from Social Security Ruling 88-6c.
42 U.S.C. § 404(b)
The regulations state [...]

The Bipolar Blog has a great series of posts on applying for Social Security benefits. The first article presents this situation:
My wife feels disabled. She used to teach junior high school Spanish full time for over $60,000 per year. She can no longer work as a full-time teacher, because the stress triggers mania. Believe [...]

Survivors’ benefits are a type of Social Security benefits paid to surviving family members when someone dies.  This may include benefits paid to the widow(er), parents or children.
In my experience, not a lot of attorneys take survivors’ benefits cases so it is difficult to get your questions answered:

Am I, or my children, eligible for survivors’ [...]

A number of people responded to my prior post about “substantial gainful activity” amounts. To briefly review: the general rule is that you cannot earn more than the substantial gainful activity amounts to be found disabled.
What do I do if I am earning more than the substantial gainful activity amount? Does than [...]

Social Security defines disability as the inability to engage in a “substantial gainful activity” (SGA).
A simplified way of putting this is to say that in order to be found disabled, you have to show that you are unable to work.  BUT, this can be misleading. Not all work qualifies as a substantial gainful activity.
So, how [...]

Under Social Security regulations, disability is the inability to engage in a “substantial gainful activity.” This means that to win a Social Security disability case, you have to show that your impairments prevent you from being able to work.
More specifically, you have to show that you are unable to perform the duties of any work [...]

In order to qualify for disability benefits under Social Security you have to be found disabled.
Well, thank you Captain Obvious.
Ok. But, what does it mean to be disabled? Is it enough to have a medical impairment? Is the diagnosis, itself, enough?
In short, no.
Under Social Security regulations, it is not enough to have [...]