Yes. Transgender individuals can qualify for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), as well as Long-Term Disability (LTD) benefits.
The law does not exclude anyone based on gender identity. SSDI and SSI are different programs, but both evaluate disability based on medical evidence and functional limitations, not identity alone. In many cases, the issue is not whether transgender individuals are eligible. The issue is how the disability claims are developed and evaluated. These issues can affect whether a claim is approved or denied, particularly when the record does not fully reflect the claimant’s treatment history or functional limitations.
Common Issues in Disability Claims for Transgender Individuals
We regularly see the same types of problems come up in disability claims involving transgender individuals, often leading to incomplete records or misinterpretation of the evidence:
- Medical records under different names or identities, which can result in missing or incomplete evidence in a Social Security Disability claim
- Gaps in treatment history, sometimes tied to lack of access to affirming care or prior negative healthcare experiences
- Misunderstanding of the claim, where decision-makers focus on identity instead of work-related functional limitations
- Questions about gender-affirming surgery and recovery, including how time out of work is evaluated and whether it may qualify as a closed period of disability
These issues come up more often than people expect, and they can affect whether a claim is approved or denied, particularly when key evidence is missing or not clearly connected to functional limitations.
Why These Issues Matter in SSDI, SSI, and LTD Claims for Transgender Individuals
SSDI, SSI, and Long-Term Disability claims are decided based on medical records, supporting evidence, and functional capacity. When records are incomplete or inconsistent, important evidence may not be considered, which can lead to findings that a condition is not severe or not supported by the evidentiary record. This can lead to delays, denials, or the need for an appeal. In some situations, even a limited period of time out of work, such as recovery from gender-affirming surgery, may be legally significant. These details are often overlooked in disability determinations, which can result in the duration of limitations being underestimated.
Understanding the Disability Process Matters for Transgender Individuals
These issues come up more often than people expect, and they can affect the outcome of a claim if not properly addressed or fully developed in the evidentiary record. We regularly see valid disability claims affected by these problems, even where the underlying medical evidence is strong. In many cases, the issue is not the absence of evidence, but how that evidence is presented and evaluated. Understanding how SSDI, SSI, and Long-Term Disability claims are evaluated and where they tend to break down can directly affect the outcome of a case.
Looking Ahead – More to Come From Bross Frankel PA!
Be sure to check back on our website in the future as we expand our library of content available to transgender individuals. We will cover these topics in more detail in future articles, including:
- Name Changes, Gender Markers and Medical Records in Disability Claims for Transgender Individuals (linked article coming soon!)
- Does Gender Dysphoria Qualify for Disability Benefits? (linked article coming soon!)
- Gender Affirming Surgery & Disability Benefits: What to Know (linked article coming soon!)
Contact The Team at Bross Frankel PA About Your Disability Claim
At Bross Frankel PA, we have experience handling disability claims involving gender identity and related medical issues. We understand how record development, treatment history, and functional limitations can affect the outcome of a claim.
We work tirelessly for ALL of our clients, regardless of race, religion, creed or gender. Our team’s experience in handling disability claims for transgender individuals, and the larger LGBTQ+ population, means that we can help you navigate the best way to complete and submit your paperwork when the application form fields may not seem so cut and dry.
Our disability benefits law firm has helped thousands of people get Social Security disability and other types of disability benefits. Our experienced and knowledgeable SSDI attorneys possess decades of combined experience advocating for people with disabilities in New Jersey and Pennsylvania. To learn more about how we can assist you or to schedule a free claim review with our team today, give us a call at (856) 795-8880 or fill out our online contact form.
This article was written by Mychal Giansanti, Esq., an attorney with experience handling disability claims involving gender identity and related medical care, including issues involving medical records, treatment history, and access to care.
To view Mychal’s complete professional bio click here.