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The Social Security law defines disability
as the inability to do any substantial gainful
activity by reason of any medically
determinable physical or mental impairment
which can be expected to result in death or
which has lasted or can be expected to last
for a continuous period of not less than 12
months. To meet this definition, you must have
a severe impairment, which makes you unable to
do your previous work or any other substantial
gainful activity which exists in the national
economy.
To determine whether you are able to do any
other work, The Social Security Administration
will consider your residual functional
capacity and your age, education and work
experience.
The Social Security Administration will use
this definition of disability if you are
applying for a period of disability, or
disability insurance benefits as a disabled
worker, or child's insurance benefits based on
disability before age 22 or, with respect to
disability benefits payable for months after
December 1990, as a widow, widower, or
surviving divorced spouse.
There are different rules for determining
disability for individuals who are statutorily
blind. There are also different rules for
determining disability for widows, widowers,
and surviving divorced spouses for monthly
benefits for months prior to January 1991.
Substantial Gainful Activity is defined as
earning $900 or more per month.
(This sometimes confusing language is taken
from the Code of Federal Regulations, 20CFR404.1505)
If you have questions about the definition of
disability, please contact our firm and we
will be glad to discuss it with you.
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