If you’re suffering from a condition that is expected to last indefinitely, you may qualify for Social Security Disability Insurance (SSDI). These benefits are designed to help individuals who are no longer able to work due to a long-term or lifelong medical condition.
For many, applying for SSDI permanent disability is a crucial step toward financial stability.
However, there are strict guidelines and definitions in place for what the government considers a “disability” and even more scrutiny when determining whether a disability is truly permanent. As a result, many deserving applicants have their claims denied, often because of mere technicalities. An experienced Richmond SSDI lawyer can help you navigate your specific situation.
What Qualifies as a Permanent Disability?
A permanent disability is a physical or mental impairment that is expected to last for the rest of your life and prevents you from returning to your previous job or, in some cases, any job at all.
According to SSDI permanent disability, your condition must either have lasted or be expected to last at least 12 continuous months or result in death. The Social Security Administration (SSA) maintains a list of impairments known as the “Blue Book” that outlines medical conditions considered severe enough to prevent gainful employment. However, even if your exact diagnosis isn’t listed, you may still qualify if you can prove that your condition is equally disabling.
Some common examples of conditions that may qualify as permanent disabilities include:
- Severe back injuries or spinal cord damage
- Degenerative diseases like ALS or Parkinson’s
- Serious mental health disorders such as schizophrenia or bipolar disorder
- Debilitating autoimmune diseases like lupus or rheumatoid arthritis
- Terminal illnesses, including late-stage cancers
- Traumatic brain injuries
To prove your eligibility for SSDI permanent disability benefits, you’ll need to demonstrate that your condition limits your ability to work consistently and that this limitation isn’t expected to improve.
The Difference Between Total and Partial Permanent Disability
A total permanent disability means your condition completely prevents you from working either at your previous job or in any type of employment for which you might otherwise be qualified.
A partial permanent disability, on the other hand, means that while you’ve sustained lasting damage or impairment, you’re still capable of working in some capacity. This classification is more commonly used in workers’ compensation cases, where a person may return to work with restrictions or in a reduced role.
How Permanent Disability Benefits Are Calculated
The SSA uses a specific formula to determine your benefit amount, focusing on your Average Indexed Monthly Earnings (AIME) and Primary Insurance Amount (PIA). Your AIME is calculated by averaging your highest-earning years. Once your AIME is determined, the SSA applies a formula to compute your PIA.
The PIA is the base figure for your monthly benefit. It’s calculated by applying three fixed percentage rates to portions of your AIME, divided by bend points that adjust annually based on the national average wage index. Specifically, you receive:
- 90% of your earnings up to the first bend point,
- 32% of earnings between the first and second bend points, and
- 15% of earnings above the second bend point.
This figure reflects what you would receive if you retired at full retirement age, but since you’re applying due to a disability, the same amount becomes your SSDI monthly benefit.
Some important factors can impact your final benefit amount. For instance, if you receive other government benefits like workers’ compensation or public disability pensions, your SSDI payment might be reduced.
The Application Process and Required Documentation
The first step in securing SSDI permanent disability benefits is filing your application with the SSA. Your application must prove not only that you’re disabled, but also that your disability is severe and long-term enough to prevent you from engaging in “substantial gainful activity.” That means your condition must either:
- Be listed in the SSA’s Blue Book (a catalog of qualifying medical conditions), or
- Be equal in severity to a listed condition and supported by strong medical evidence.
When preparing your SSDI permanent disability claim, gather the following essential documents:
- Medical Records: Comprehensive documentation from your doctors is important. This includes diagnoses, treatment histories, medications, hospitalizations, and how your condition affects your daily life and ability to work.
- Work History: Be ready with details of your employment history. You’ll need job titles, duties performed, and the duration of each job.
- Proof of Earnings: Documentation such as pay stubs, W-2 forms, and tax returns can prove your income history and establish your eligibility for benefits.
Once you submit your application, the SSA may take 6-8 months to respond. During that time, they might request additional medical exams or more documentation. If your application is denied, you have the right to appeal, and many claims are approved during the reconsideration or hearing stages.
That’s where having an experienced Richmond SSDI lawyer can make all the difference. At Hunter | Everage, we help clients build strong cases from the start and stand by them through every step of the appeals process, if necessary.
Can You Work While Receiving Permanent Disability Benefits?
For those receiving permanent disability benefits, the SSA provides a few programs that make it possible to work without immediately losing your benefits.
One of these is the Trial Work Period (TWP), which lets you test your ability to work while still receiving your full SSDI benefits. This can be a lifeline for people who are unsure whether they can handle a return to the workforce.
However, there are strict income limits you must stay within. The SSA uses a term called Substantial Gainful Activity (SGA) to determine whether the work you’re doing disqualifies you from receiving benefits. If you earn more than the SGA limit your benefits could be reduced or terminated altogether.
It’s important to note that the SSA could interpret certain work activities as evidence that your disability has improved, which could prompt a review of your case and potentially lead to a loss of benefits.
Contact an Experienced Richmond, VA SSDI Lawyer
SSDI permanent disability benefits can provide a lifeline. But getting those benefits isn’t always easy. Knowing what the SSA looks for and how to present a strong application can make a real difference in whether your claim is approved.
At Hunter | Everage, we work closely with clients to help them understand their rights, gather the right documentation, and help them access every benefit available to them under the law.
Whether you’re applying for SSDI permanent disability for the first time, appealing a denial, or just have questions about your options, our team in Richmond is here to help. Contact our Richmond SSDI lawyers at 704-377-9157 to request a consultation.