How does Social security decide if you are disabled.

To decide whether you are disabled, we use a step-by-step process involving five questions:

1. Are you working?

   If you are working in 2005 and your earnings average more than $830 a month, you generally cannot be considered disabled. If you are not working, we go to Step 2.

2. Is your condition "severe"?

Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, we will find that you are not disabled. If your condition does interfere with basic work-related activities, we go to

To decide whether you are disabled, we use a step-by-step process involving five questions.

Is your condition found in the list of disabling conditions?

3. For each of the major body systems, we maintain a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, we have to decide if it is of equal severity to a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4.

4. Can you do the work you did previously?

   If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then we must determine if it interferes with your ability to do the work you did previously. If it does not, your claim will be denied. If it does, we proceed to Step 5.

5. Can you do any other type of work?

   If you cannot do the work you did in the past, we see if you are able to adjust to other work. We consider your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.

In most cases, you will continue to receive benefits as long as you are disabled. However, there are certain circumstances that may change your continuing eligibility for disability benefits. For example,

• your health may improve to the point where you are no longer disabled or

• like many people, you would like to go back to work rather than depend on your disability benefits.

The law requires that we review your case from time to time to verify that you are still disabled. We tell you if it is time to review your case, and we also keep you informed about your benefit status. You also should be aware that you are responsible for letting us know if your health improves or you go back to work.

Family Benefits

When you start receiving disability benefits, certain members of your family also may qualify for benefits on your record. Benefits may be paid to:

• your spouse,

  Benefits are payable to your spouse

  • age 62 or older, unless he or she collects a higher Social Security benefit based on his or her earnings record. The spouse benefit amount will be permanently reduced by a percentage based on the number of months up to his or her full retirement age. 

  • at any age if he or she is caring for your child under age 16 or disabled and receiving Social Security benefits. Your spouse would receive these benefits until the child reaches age 16. At that time, the child's benefits continue, but your spouse's benefits stop unless he or she is old enough to receive retirement benefits (age 62 or older) or survivor benefits as a widow or widower (age 60).

  If your spouse also worked under Social Security

  If your spouse is eligible for retirement benefits on his or her own record, we will always pay that amount first. But if the spouse benefit that is payable on your record is a higher amount, he or she will get a combination of benefits that equals that higher amount.

  It doesn't matter if your spouse starts getting benefits before, after, or at the same time you do--we will check both records to make sure that your spouse gets the higher amount whenever he or she becomes entitled to it.

  If your spouse will also receive a pension based on work not covered by Social Security, such as government or foreign work, his or her Social Security benefit on your record may be affected

your divorced spouse,

• If you are divorced, even if you have remarried, your ex-spouse may qualify for benefits on your record.

  (If your spouse will also receive a pension based on work not covered by Social Security, such as government or foreign work, his or her Social Security benefit on your record may be affected. See further information here.)

  To qualify on your record, your ex-spouse must:

  • have been married to you for at least 10 years;

  • be at least 62 years old;

  • be unmarried; and

  • not be eligible for an equal or higher benefit on his or her own Social Security record, or on someone else's Social Security record.

  NOTE: The amount of benefits payable to your divorced spouse has no effect on the amount of benefits you or your current spouse may receive.

your children, and

• When you qualify for Social Security disability benefits, your children may also qualify to receive benefits on your record. Your eligible child can be your biological child, adopted child or stepchild. A dependent grandchild may also qualify.

  To receive benefits, the child must be unmarried; and

  • be under age 18; or

  • be 18-19 years old and a full-time student (no higher than grade 12); or

  • be 18 or older and have a disability that started before age 22.

  Normally, benefits stop when children reach age 18 unless they are disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits will continue until the child graduates or until two months after the child becomes age 19, whichever is first.

  Within your family, each qualified child may receive a monthly payment up to one-half of your full disability amount, but there is a limit to the amount that can be paid to the family as a whole. This total depends on the amount of your benefit and the number of family members who also qualify on your record. The total varies, but it is approximately 150 to 180 percent of your disability benefit.

your disabled child

A child under age 18 may be disabled, but we don't need to consider the child's disability when deciding if he or she qualifies for benefits as your dependent. The child's benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school (benefits can continue until age 19) or is disabled.

For a child with a disability to receive benefits on your record after age 18, the following rules apply:

• The disabling impairment must have started before age 22, and;
• He or she must meet the definition of disability for adults.

NOTE: An individual may become eligible for a disabled child's benefit from Social Security later in life.

For example, a worker starts collecting Social Security retirement benefits at age 62. He has a 38-year old son who has had cerebral palsy since birth. The son will start collecting a disabled "child's" benefit on his father's Social Security record.

Each family member may be eligible for a monthly benefit of up to 50 percent of your disability rate. However, there is a limit to the total amount of money that can be paid to a family on your Social Security record. The limit varies, but it is between 150 and 180 percent of your disability benefit.

If the sum of the benefits payable on your account is greater than the family limit, the benefits to the family members will be reduced proportionately. Your benefit will not be affected.

If any of your qualified family members apply for benefits with you, we will ask you for their Social Security numbers and their birth certificates. If your spouse is applying for benefits, we also may ask for proof of marriage, and dates of prior marriages, if applicable.