Disability Defined

 What does “disability” mean for Social Security?

As a lawyer I can tell you – how something is defined can mean everything.  The term “disability” can have numerous different definitions depending on its setting. For instance, im sure many of you have heard that the military can sometimes deem someone to be disabled in percentages (ex. 35% disabled).  The definition of “disability” for Social Security purposes is defined in the Code of Federal Regulations at 42 U.S.C. § 423(d), §§ 1382c(a)(3). While the full definition is quite large its basic tenants are:

The inability to engage in any substantial gainful activity by reason of any medically

determinable physical or mental impairment which can be expected to result in

death or which has lasted or can be expected to last for a continuous period of not

less than 12 months;

This definition is important for several reasons. First off you will notice the absence of any percentages. This definition isn’t like the military’s – its either yes or no. Another aspect you may have quickly noticed is the durational requirement.  The impairment must be expected to end in death or last at least 12 months. So even the worst types of traumatic injuries may not meet the Social Security definition of disability if the condition is expected to improve within 12 months. 

*You must clearly understand the durational definition. Many people misconstrue this definition to mean that they must be out of work for 12 months before they can file for benefits. This is not the case. You do not have to be out of work for 12 months before you can file for disability under Social Security. Your condition must only be expected to last 12 months or longer. *

You will also find an absence of availability of jobs. Social Security is not meant to be an unemployment benefit. Therefore, if you cannot find a job, no jobs exist, nobody will hire you because of a criminal record, or that you have no transportation to a job will not be adequate grounds for a favorable disability decision.