Seelig Law Offices

Do you have to be permanently disabled for SSD and SSI?

On Behalf of | Aug 23, 2022 | SSD |

You may be thinking about claiming your SSI or SSD benefits in New York. This may come as the result of an injury that you have recently suffered. You may still be in doubt whether this injury is severe or truly permanent. This may require you to submit to a frequent continuing disability review (CDR). Here is what you need to know in this case.

You are subject to diary review dates

Social security disability (SSD) benefits, once approved, may be subject to a series of diary review dates. These are inspections of your condition that may take place every one, three, or seven years. The main thing will be to prove that you continue to suffer from your stated health condition and that there has been no improvement.

You don’t need to be permanently disabled to qualify for SSD or SSI benefits. However, you will need to be totally disabled, in the sense of the definition adhered to by the Social Security Administration (SSA). SSA considers a person disabled if they are not able to earn the Substantial Gainful Activity (SGA) amount for the year in question.

How to determine your ongoing eligibility

‘There are a number of steps that you will need to complete in order to determine that you are fully eligible for ongoing SSD benefits. Being unable to work is not proof that you are totally disabled. You can still work during this time if you wish or feel the economic need to.

The key here will be to avoid going over the official SGA amount. Keep in mind that this amount will be adjusted on an annual basis. The idea is to take full notice of the cost of living increases as well as the continuous upgrading rate of natural inflation.