How can I get Disability?

How can I get Disability?

By Hogan Smith

Updated 02/07/2025


If you're unable to work due to a medical condition, you may qualify for disability benefits through the Social Security Administration (SSA). Applying for disability can be a complex and often lengthy process, but understanding the steps and requirements can increase your chances of approval. Here’s a guide to help you understand how to get disability and what you need to do to apply.

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Determine If You Qualify for Disability

Before you begin the application process, it's important to ensure that you meet the SSA's eligibility criteria for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).


Eligibility for SSDI

  • Work History: You need to have worked a certain number of years and paid into Social Security through FICA taxes (Federal Insurance Contributions Act).
  • Disability: Your disability must be severe enough to prevent you from working for at least 12 months or result in death.
  • Substantial Gainful Activity (SGA): You cannot be earning above a certain monthly income from working (the SGA threshold is typically updated each year).


Eligibility for SSI

  • Financial Need: Unlike SSDI, SSI is for individuals with limited income and resources. If you do not meet the SSDI work history requirement, you may qualify for SSI if your income and resources are below a certain level.
  • Severe Disability: You must have a disabling condition that prevents you from working and earning above the SSA's income threshold.


Gather Your Medical Evidence

A critical part of your disability claim is providing solid medical documentation to prove that your condition prevents you from working. The more detailed and comprehensive your medical records, the stronger your case will be.


  • Doctor’s Records: Ensure you have copies of medical records from your treating physician(s) detailing your diagnosis, treatment plan, and the impact of your condition on your daily life.
  • Specialists: If you see any specialists, include their records to show how your condition is being treated and how it limits your ability to work.
  • Objective Test Results: Include test results (such as lab results, imaging, etc.) that show the severity of your condition.
  • Personal Statements: In some cases, statements from family members, friends, or colleagues who can attest to the impact your condition has on your ability to function in a work setting may help your claim.


Apply for Disability Benefits

Once you’ve gathered all necessary medical documentation, it’s time to submit your application for disability benefits.


  • Apply Online: The easiest way to apply is through the SSA's online portal at www.ssa.gov. This allows you to fill out the application and submit your documents electronically.
  • Apply In Person: If you prefer, you can visit your local Social Security office to apply in person. Be sure to bring all necessary documents.
  • Complete the Application Accurately: It’s crucial to answer every question honestly and completely. Any discrepancies or missing information could delay the process or result in a denial.


Understand the Disability Evaluation Process

Once your application is submitted, the SSA will evaluate your case to determine if you meet the definition of disability. The SSA follows a five-step evaluation process:


  • Step 1: Are You Working?
  • If you are currently working and earning above the Substantial Gainful Activity (SGA) threshold, your application will likely be denied.
  • Step 2: Is Your Condition Severe?
  • Your condition must be severe enough to significantly limit your ability to perform basic work activities (e.g., sitting, standing, lifting, concentrating).
  • Step 3: Does Your Condition Meet the SSA’s Listings?
  • The SSA has a Listing of Impairments (also called the "Blue Book") that includes conditions that automatically qualify for disability benefits if they meet certain medical criteria. If your condition is listed, you may be automatically approved.
  • Step 4: Can You Do Your Past Work?
  • If your condition doesn’t meet the listings, the SSA will evaluate whether you can perform the work you did previously. If you can still do your past job, your application will be denied.
  • Step 5: Can You Do Other Work?
  • If you cannot do your past job, the SSA will assess whether you can do any other kind of work based on your education, age, and skills. If you cannot perform any other type of work, you may be approved for disability benefits.


Wait for a Decision

The SSA typically takes several months to process your disability claim. If your claim is approved, you will begin receiving benefits. However, many claims are denied at first.


What to Do if Your Claim is Denied

It’s common for first-time disability claims to be denied. If this happens, you have the right to appeal the decision. Here’s what to do:


  • Request Reconsideration: The first step in the appeal process is to ask the SSA to review your case again. You can submit new medical evidence or clarify any discrepancies in your application.
  • Request a Hearing: If your reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). This is an important step where you can present your case in person.
  • Submit Additional Evidence: If new medical records or other evidence are available, provide them during the appeal to strengthen your case.


Can You Get Help with Your Application?

While it’s possible to apply for disability benefits without assistance, many people choose to work with a disability attorney or representative to help them navigate the process, especially if their case is complex or if they are facing an appeal. A lawyer can help:


  • Evaluate your eligibility.
  • Gather and present medical evidence.
  • Prepare and submit your application accurately.
  • Represent you during hearings or appeals.

How Hogan Smith Can Help

If you're unsure about your eligibility for disability or need help with the application process, Hogan Smith can assist you. We offer support in:


  • Determining if you qualify for SSDI or SSI.
  • Assisting with the application and gathering necessary medical documentation.
  • Representing you during an appeal if your claim is denied.


Our experienced team will help ensure that your disability claim is handled properly from start to finish.

Contact Hogan Smith Today

If you’re ready to apply for disability benefits or need assistance with the process, Hogan Smith is here to help. Contact us for a free consultation, and we’ll make sure your claim is filed correctly and efficiently.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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