If you are disabled because of a medical or mental health condition, you may experience some level of financial strain. Fortunately, many programs can provide monthly cash benefits to people with disabilities. This includes Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Both SSDI and SSI are provided to Americans who cannot work due to a disability and who otherwise meet the requirements for each program. To determine if a person qualifies for disability, the Social Security Administration uses a five-step sequential evaluation. While no condition “automatically” qualifies for SSDI or SSI, having certain medical and/or medical health impairments may make it easier and faster to be approved for benefits.
At Bross & Frankel, we represent people with disabilities in their quest to get benefits, including SSDI, SSI, long-term disability, workers’ compensation, and veterans’ disability benefits. For each case, our goal is to help our clients get the maximum benefits that they are entitled to – as quickly as possible. Reach out today to schedule a free claim review with a New Jersey Social Security disability attorney.
Qualifying for Social Security Disability
To qualify for either SSDI or SSI, a person must meet the SSA’s definition of disability and be unable to work for a year or more due to that disability. In addition, a person must have earned work credits for SSDI and meet income requirements for SSI.
The SSA uses a five-step sequential evaluation to determine if a person is disabled:
- A person cannot earn more than $1,550 a month (in 2024) from working when claiming disability, which is known as substantial gainful activity (SGA);
- A person must have an impairment or combination of impairments that significantly limits their ability to do basic work and is expected to last for at least 12 months or result in death (you can apply for disability benefits before you have been disabled for 12 months);
- Social Security will review whether a person’s condition meets all of the requirements for a condition on SSA’s Listing of Impairments (Blue Book) or has other factors that equal a condition on that list;
- If the person does not meet or exceed a Blue Book listing, then the medical impairment must prevent them from performing any of their past work; and
- The person must not be able to do any other type of work, considering their impairment, age, education, past work experience, and any transferable skills.
Under this process, it is not enough to simply have a disability – even if that condition is severe and it meets or exceeds a Blue Book Listing. That condition must also leave a person unable to work more than a minimal amount.
If the SSA determines that you are disabled, then you may qualify for SSDI and/or SSI. The key in these cases is to put together an application complete with supporting evidence to show (1) the nature and extent of your disability; and (2) how your disability affects your ability to work.
Do Any Conditions Automatically Qualify for Social Security Disability?
No condition automatically qualifies a person for Social Security Disability in the sense that having a particular disability means that you will automatically get SSDI and/or SSI. You still must meet other criteria – such as proving that you have earned enough work credits and that you are not currently engaging in substantial gainful activity.
However, certain conditions may make it easier and faster to qualify for SSDI and/or SSI. Specifically, if you meet or exceed a condition in the Listing of Impairments, then you will effectively skip the last two steps of the five-step sequential evaluation. Depending on your condition, you may also qualify for presumptive disability and/or compassionate allowance benefits.
The Listing of Impairments is broken into fourteen categories, each of which contains multiple conditions. It includes:
- Musculoskeletal Disorders, such as arthritis, fibromyalgia, and back pain
- Special Senses and Speech, such as blindness and hearing loss
- Respiratory Disorders, such as cystic fibrosis and respiratory failure
- Cardiovascular System, such as hypertension and heart disease
- Digestive Disorders, such as inflammatory bowel disease and chronic liver disease
- Genitourinary Disorders, such as chronic kidney disease and nephrotic syndrome
- Hematological Disorders, such as bone marrow failure
- Skin Disorders, such as genetic photosensitivity disorders and burns
- Endocrine Disorders, such as diabetes and thyroid disorder
- Congenital Disorders that Affect Multiple Body Systems, such as Down Syndrome
- Neurological Disorders, such as Parkinson’s disease and epilepsy
- Mental Disorders, such as depression, schizophrenia, and autism
- Cancer (Malignant Neoplastic Diseases), such as leukemia and lymphoma
- Immune System Disorders, such as lupus and vasculitis
If you have a condition that meets or exceeds the specific criteria in one or more of these categories, then it will be easier to qualify for SSDI and/or SSI because you won’t have to prove that you can’t do any of your past work or any other work. You will not automatically get Social Security disability benefits unless you can demonstrate that you cannot work because of your disability.
Some conditions are so severe that you may qualify for presumptive disability and/or a compassionate allowance. Presumptive disability allows a person to receive SSDI and/or SSI benefits for up to 6 months while the SSA reviews their application. It is reserved for conditions that are so severe that there is a high probability of being approved for benefits, which may include:
- Inoperable or late-stage cancers
- HIV or AIDs
- Intellectual disabilities that impact a person’s ability to care for themselves
Presumptive disability does not mean that you will automatically qualify for SSDI and/or SSI benefits. Instead, you will get benefits for as long as 6 months while your application is being processed.
Compassionate allowance is available in situations where a person has a life-threatening disability. With compassionate allowance, the SSA expedites the processing of a person’s application to make a decision more quickly. The SSA maintains a list of more than 250 conditions that qualify for compassionate allowance, including:
- ALS (Lou Gehring’s disease)
- Head and neck cancers
- Lewy Body Dementia
- Malignant Multiple Sclerosis
While you will still have to fill out an application for SSDI/SSI, these conditions are typically so severe that you will qualify for benefits. The SSA also offers an expedited review for applicants with a terminal illness.
Although the SSA does not “automatically” approve anyone for SSDI and/or SSI benefits, it may still be possible to shorten the process or even get benefits before your application is fully processed. If you have questions about your eligibility for benefits, reach out to a New Jersey Social Security disability lawyer to schedule a free initial consultation.
Applying for Social Security Disability? We Can Help.
If you have been diagnosed with a medical or mental health condition, the thought of waiting months and dealing with bureaucracy to get disability benefits can be daunting. While you cannot automatically qualify for SSDI and/or SSI benefits, having certain conditions will make the process faster.
Based in Cherry Hill, New Jersey, the Social Security disability attorneys of Bross & Frankel represent clients throughout New Jersey and Pennsylvania. We have decades of combined experience in Social Security benefits, including helping people with serious conditions who may qualify for presumptive disability and/or compassionate allowance If you are considering filing for disability benefits or want to appeal an SSDI denial, call our law offices at (866) 858-0571 or fill out our online contact form to schedule a free claim review with a New Jersey SSDI lawyer.
Rich Frankel is the managing partner of Bross & Frankel. He is a member of the New Jersey and Pennsylvania bars. He has focused exclusively on disability and social security benefits since 2005.
Mr. Frankel joined what is now Bross & Frankel after having watched his father struggle with disability, fighting a lengthy illness. Mr. Frankel founded the firm’s veteran’s law practice and substantially grew the social security disability practice, focusing Bross & Frankel’s ability to fight for all of the disability benefits available to his clients.
Mr. Frankel additionally fights for clients in court, obtaining frequent victories in Social Security appeals and against insurance companies in Federal court.