Individuals between ages 50 and 65 who do not qualify for full Social Security retirement benefits, and who suffer from a diminished capacity for work due to health impairments, may be eligible for Social Security disability benefits.  The advantage to the client is that disability benefits are often greater than the retirement benefits a beneficiary would receive were he or she to retire before age 65.  These benefits are based on an inability to perform any substantial gainful activity. A substantial gainful activity is defined as work suitable to a claimant’s skills and work history.) These benefits only cover long-term disabilities, which is one that has lasted at least five months and is expected to last at least one year or end in death.  42 USC 423

Medical Qualifications to Receive Disability Benefits:  Social Security defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment.  42 USC s1382(a)(3)(A)

Multiple impairments may be aggregated to meet the twelve-month duration requirement.

Residual Functional Capacity (RFC) Evaluation: A claimant who could not otherwise qualify for Social Security disability benefits may be able to qualify pursuant to an RFC evaluation.  The RFC evaluation measures medical qualifications in combination with vocational factors and may qualify a claimant as disabled who would not otherwise qualify for disability solely on medical grounds.

Benefits Received During Trial Work Period: Benefits may continue for up to nine months while a beneficiary attempts to resume gainful employment.  Beneficiaries may also be selected to participate in work retraining or vocational rehabilitation by their local Social Security office, however, if a selected beneficiary refuses to participate without good cause, benefits may be discontinued.  42 USCA 422(c)

Termination of Disability Benefits:  Disabled status is subject to periodic review once it has been established that the individual is disabled.  Review to determine continuing disability must take place every three to seven years.  The review is conducted to determine if the beneficiary has improved sufficiently to permit substantial gainful activity. 

If disability benefits are discontinued, a summary of the basis for the determination and the information concerning the right to an appeal are provided to the beneficiary.  If after official reconsideration, the SSA continues to recommend denying further disability benefits, the beneficiary may appeal to an Administrative Law Judge (ALJ).  Determinations by the ALJ concerning disability may be appealed to the Appeals Council, and then to federal court.

 At age 65, disability benefits automatically convert to retirement benefits.