How to Claim Permanent Disability?

How to Claim Permanent Disability?

By Hogan Smith

Updated 02/28/2025


Claiming permanent disability is a process that requires thorough documentation, adherence to guidelines, and understanding of eligibility requirements. Whether you're applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), here’s what you need to know about claiming permanent disability benefits.

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Step 1: Understand Permanent Disability Eligibility

Permanent disability refers to a condition that is expected to last for at least 12 months or result in death. For both SSDI and SSI, the Social Security Administration (SSA) will evaluate whether your condition meets the definition of disability.


  • Social Security Disability Insurance (SSDI): SSDI is available to individuals who have worked and paid into the Social Security system. To qualify, you must have enough work credits based on your age and employment history. SSDI benefits are available if your disability is severe enough to prevent you from working for at least 12 months or result in death.
  • Supplemental Security Income (SSI): SSI is based on financial need and does not require a work history. You may be eligible for SSI if you have limited income and resources and meet the SSA's definition of permanent disability.


Step 2: Gather the Necessary Medical Documentation

The most crucial step in claiming permanent disability is providing medical evidence that proves the severity of your condition. The SSA requires detailed documentation to support your claim that your disability is permanent and prevents you from working.


  • Detailed Medical Records: Make sure your medical records, including doctor’s notes, test results, treatment plans, and hospital records, are up-to-date and thorough.
  • Doctor’s Opinion: Obtain a statement from your treating physician that explains how your condition affects your ability to work and the prognosis. A detailed, well-documented statement is essential.
  • Other Specialists: If your condition requires care from specialists, include all their records to demonstrate comprehensive medical treatment.


Step 3: Complete the Application

When applying for permanent disability, you need to complete an application through the Social Security Administration (SSA). There are three main ways to apply:


  • Online Application: The easiest and most convenient way to apply is through the SSA website at www.ssa.gov. The online application process is available for both SSDI and SSI claims.
  • Phone Application: You can also apply by phone by calling the SSA at 1-800-772-1213. The SSA representative will guide you through the process.
  • In-Person Application: If you prefer, you can visit your local SSA office to apply in person. Use the SSA’s office locator to find a nearby office.


Be sure to answer all questions thoroughly and provide the most accurate information possible. Missing information or inaccuracies can delay your application.


Step 4: Know the SSA’s Disability Evaluation Process

The SSA uses a five-step evaluation process to determine if you qualify for permanent disability benefits. These steps are designed to assess whether your condition meets the SSA's strict criteria for disability.


  • Substantial Gainful Activity (SGA): The SSA will determine if you are currently working and earning above the income threshold. If you are, you may not qualify for benefits.
  • Severe Impairment: The SSA will assess whether your condition is severe enough to prevent you from performing basic work activities. Your condition must be more than just minor or temporary.
  • Listed Impairment: The SSA has a Listing of Impairments, which includes conditions that are automatically considered severe enough to qualify for benefits. If your condition is listed, you may be presumed disabled.
  • Past Work: The SSA will review whether your disability prevents you from performing your past work. If you can still do your previous job, you may not qualify.
  • Other Work: Finally, the SSA will evaluate whether you can do any other type of work, based on your skills, education, and age. If not, you may qualify for benefits.


Step 5: Wait for the Decision

After submitting your application, the SSA will review your case. This can take several months, so patience is required. During this period, the SSA may request additional documentation or clarification, so be sure to respond promptly to avoid delays.


Step 6: Appeal if Necessary

If your claim for permanent disability is denied, it is important to know that you have the right to appeal. Many initial disability claims are denied, but the appeals process gives you a chance to provide additional information and explain your case.


  • Reconsideration: The first step in the appeals process is requesting a reconsideration. If the SSA denies your claim, you can ask them to review it again.
  • Request a Hearing: If reconsideration is denied, you can request a hearing with an Administrative Law Judge (ALJ). During this hearing, you can present your case in person and provide additional evidence to support your claim.
  • Appeals Council: If the ALJ denies your claim, you can request a review by the Appeals Council.
  • Federal Court: As a final step, if the Appeals Council denies your case, you can take your case to federal court.


Step 7: Stay Organized and Follow Up

Keep track of your application by creating an SSA online account. This will allow you to monitor the status of your claim and stay updated on any additional information or documentation needed. Be sure to keep copies of all documents related to your claim.

How Hogan Smith Can Help

Claiming permanent disability can be a complex process, but Hogan Smith is here to assist you. Here’s how we can help you claim permanent disability benefits:


  • Assist with Application: We can guide you through the application process, ensuring that you complete it thoroughly and provide the necessary medical evidence to support your case.
  • Appeals Representation: If your claim is denied, we can represent you through the appeals process, including reconsideration, hearings, and Appeals Council reviews.
  • Maximize Your Chances of Approval: Our team knows how to present your case effectively and ensure that all the necessary documentation is submitted, improving your chances of approval.

Contact Hogan Smith Today

If you need assistance claiming permanent disability or if you’ve been denied and need help with an appeal, Hogan Smith is here to guide you through the process. Contact us today for a free consultation, and let us help you secure the benefits you deserve.


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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