Social Security Disability has 2 requirements that must be met to win a disability case: the medical requirement; and the financial requirement.
Medically disabled means: suffering from a condition or injuries that result in the inability to engage in substantial gainful activity for at least 12 consecutive months. The legal term Substantial Gainful Activity (SGA) is the ability to earn $1,260 per month (for the year 2020).
The financial requirement can be met 2 different ways.
The first way is by having a consistent work history. People who have a consistent work history are generally eligible to apply for Social Security Disability Insurance (SSDI) benefits.
However, if you do not have a consistent work history, you may still be eligible for benefits if you prove that you are disabled under Supplemental Security Income (SSI). SSI requires that you are in a state of financial need, which is generally defined as having little to no income, with total assets worth less than $2,000. Assets are anything of value that could be sold. Assets can include: money in the bank, stocks, bonds, real property, retirement funds, farm equipment, or other valuable items not including a home that you live in, or a car you drive.
People are often eligible to apply for benefits under SSDI and SSI. For additional information on whether you are eligible for benefits, please contact Slusky and Walt for a free consultation.
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