Marder, Bernard & Associates » Free Disability Evaluation

Do you have a severe condition or combination of conditions that prevents you from working?

Take this short test for adults to get a basic idea of benefits you may qualify for.

Are you presently working?

Yes > In general if you are working, you are not eligible.

Even if your earnings fall short of the “substantial activity” test however, it is very difficult to prove you could not work a little more, if you wanted to. So a claim is likely to fail. A short period of non-SGA work activity could be overlooked in a long period of disability, but SGA during a period claimed renders a person non-eligible.
No > The fact you are not working is a good start to determining your eligibility.

Has your condition lasted 12 months or is it expected to last 12 months, or end in death?

Yes > If your condition has been present for 12 continuous months or is expected to last 12 continuous months.. or end in death, you have met the threshold requirement for a medical determination.
No > Social Security can refuse to make a medical determination in your case if it can claim there is no indication or probability your condition will last 12 months or end in death.

Do you have regular treatment for your condition with a doctor?

Yes > If you have regular treatment for your disabling condition and are following doctor’s orders, you have the basis for a medical determination of disability, based on the severity of the condition and certain vocational factors.
No > To be successful, a claimant must show that he is getting adequate treatment for his conditions and he is compliant with doctor’s orders or Social Security will generally assume your condition could improve with adequate treatment and any failure to comply with doctor’s orders could be the cause of your condition being as bad as it might be.

Did you work and pay taxes a total of 10 years?

Yes > you will be “insured” for disability benefits if, in addition you worked for 5 years out of the 10 preceeding the date your disability started. In other words, if in addition to having worked 10 years, you worked for the last 5 years, you will be insured for another 5 years and you must establish your disability before the 5 years run out. You will need to legally reside in the US or live outside the US.
No > If you are over 31, you will not be eligible for “insured benefits” but you may qualify for SSI which requires meeting certain financial need and other criteria.

Did your condition begin within 5 years of the date you stopped working?

Yes > Insured status generally runs out after 5 years if you are claiming on your own account.
No > You probably won't be eligible for insured disability benefits on your own account but you may be eligible for SSI

Are you a US Citizen?

Yes > You may be eligible for supplemental benefits (SSI) if your monthly income falls below a certain amount (including other disability benefits) and you do not have financial resources that disqualify you (second home, income properties for ex) Social Security will determine if you meet the criteria based on complex guidelines.
No > If you are not a citizen it is unlikely you will be eligible for SSI. However there are some exceptions for certain groups of Permanent Residents.

Do you reside in one of the 50 states?

Yes > All 50 states and D.C. have SSI programs which can insure a minimum income based on your financial need, if you meet the medical requirements for disability also. You will need to disclose all your financial information. As long as you receive $1 in SSI benefits monthly, you will receive Medicaid also.
No > Unfortunately, if you are living outside the 50 states and D.C. there is no partly-state sponsored SSI program for you to receive benefits under.

The above is a quick test to give you some idea of benefits you may be entitled to under Social Security. There are exceptions to every rule. Do not rely on this test alone to decide you are not eligible for a particular benefit. Feel free to contact us for a thorough evaluation based on your particular situation. Children, widows or adults under age 31 do not fall under the same rules as other adults. Applications may sometimes be filed for past periods and/or closed periods. Other factors may affect eligibility. It is recommended you seek competent legal advice before making any decision about pursuing or not pursuing a claim.

Free Disability Evaluation

Step 1 of 3 - Short Test

Do you have a severe condition or combination of conditions that prevents you from working?

Optional: You may qualify for a free consultation with an injury attorney.

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