Social Disability Lawyer Blog

Stay up to date with the latest news in the world of social disability law provided by the Los Angeles based Law Office of Irene Ruzin.

Non-Medical Requirements for Social Security Disability Benefits in 2023

If you have become disabled with a condition expected to last a year or more, or until death, you may have questions about the non-medical aspects of your disability case. Read on to learn more about the necessary non-medical requirements and guidelines for both the Social Security Administration programs: Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).

What Are the Non-Medical Requirements for Disability?

There are several non-medical requirements for disability, whether you are applying for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

The non-medical requirements for disability differ due to the nature of the two programs offered by the Social Security Administration. SSI is needs-based, while SSDI is work history based.

What Is a Non-Medical Review for SSDI Disability Benefit?

In addition to meeting the medical disability requirements for SSDI, you must also ensure that you meet all the guidelines for the non-medical portions of the SSDI program offered through the Social Security Administration.

Non-Medical Requirements to Qualify for Disability Insurance
  • You must have earned enough qualifying work credits.
  • You must have worked a job in your lifetime that paid into the Social Security fund.
  • You must not be able to work the previous jobs you have performed in the past.
  • You must not be able to perform any other type of work available in the national economy.
  • If you are working in 2023 and your earnings average more than $1,470 ($2,460 if you're blind) per month, you generally cannot be considered to have a qualifying disability, according to the Social Security Administration.
  • If you are blind or have limited vision, special program rules apply. This may be the case if your vision problems alone or combined with other health problems prevent you from working.
  • You do not necessarily have to be a citizen to qualify for SSDI benefits if you have the correct amount of work credits.
  • As a non-citizen, you can qualify for SSDI benefits if you can prove that your impairments prevent you from working, that you are lawfully living in the United States, and that you have paid into the Social Security system.

Remember, Social Security work credits are based on your total yearly wages or self-employment income. You can earn up to 4 credits each year. The amount needed for a work credit changes from year to year. In 2023, for example, you earn 1 credit for each $1,640 in wages or self-employment income. When you've earned $6,560, you've earned your 4 credits for the year. You can find more information about this here.

What Is a Non-Medical Review for SSI | Medical Conditions?

After ensuring that you have a qualifying disability within Social Security's strict definition, you will need to ensure that you meet the non-medical requirements for SSI.

Non-Medical Requirements for SSI
  • Your condition must generally be "severe" enough that the disability limitations will last a year or more, or until death.
  • You must not be making more than the "Substantial" gainful activity amount for the allotted year. For 2023, substantial gainful activity is listed as $1,470 ($2,460 if you're blind) per month.
  • You must not be able to work any previous jobs or positions you held in the past.
  • You must not be able to work any related jobs in the national economy.
  • You must have limited financial resources, including bank accounts, mortgages, cars, etc.
  • Supplemental Security Income (SSI) is a needs-based program. To get SSI, your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. SSA calls this the resource limit.
  • You must be a US citizen.

What Is the Difference Between Medical and Non-Medical Disability?
  • Medical Disability refers to your disability diagnosis based on your medical team's records, including but not limited to your specialist providers, your primary healthcare physician, and your therapist's recommendations.
  • Non-medical disability requirements refer to your bank account finances, citizenship status, financial resources, other accounts, and your past relevant work history.
  • Medical Disability includes the careful review of your medical records and disability status by both the Social Security Administration and their state agency, Disability Determination Status. In appealed denial situations, an Administrative Law Judge may be involved.
  • Non-Medical disability determination is based on a review of your financial factors, previous work history, citizenship status, and other non-medical or disability-related factors.

The bottom line difference between medical and non-medical disability aspects is that if it has to do with your medical records or appointments, it is most likely related to Medical disability.

Non-Medical Requirements FAQ 

Can You Get SSDI and SSI at the Same Time?

According to the Social Security Administration, many individuals are eligible for benefits under both the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs at the same time. The Social Security Administration uses the term "concurrent" when individuals are eligible for benefits under both programs.

What Does Non-Medical Denial Mean?

A non-medical denial means you were denied based on your work history, financials, citizenship status, or other non-specific reasons for your disability. Similar to a denial based on your disability, a non-medical denial can also be appealed.

Who Makes the Final Decision for Social Security Disability?

Using federal laws, regulations, and Agency policies and procedures, the state agency completes the disability decision for Social Security. In addition, the Social Security Administration (SSA) reviews a sample of initial disability claims before a final determination.

How Long Does the Final Review Take for Disability?

According to the latest publications from the Social Security Administration, the final review takes 122 days to complete. The Social Security Administration states, "Generally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision." 

×
Stay Informed

When you subscribe to the blog, we will send you an e-mail when there are new updates on the site so you wouldn't miss them.

How to Prepare Your SSDI Application to Win Benefi...
What is the Social Security Disability 5-Year Rule...

Related Posts

 

Comments

No comments made yet. Be the first to submit a comment
Already Registered? Login Here
Guest
Tuesday, 08 October 2024