Who is Eligible for Social Security Disability Benefits? § 404.315

Social Security Disability Benefits are a vital source of financial support for people who become disabled and are unable to work.

In this blog post, we will discuss who is eligible for disability benefits, the requirements that must be met, and any restrictions that may apply.

Who is Eligible for Disability Benefits?

You are eligible for Social Security Disability Benefits if you:

1. Have enough social security earnings to be insured for disability as described in § 404.130
2. Apply for benefits
3. Have a disability, as defined in § 404.1505 or had a disability that ended within the 12-month period before the month you applied
4. Have been disabled for 5 full consecutive months, and the waiting period begins with a month in which you were both insured for disability and disabled.

Note: The waiting period can begin no earlier than the 17th month before the month you apply, regardless of how long you were disabled before then. However, no waiting period is required if you were previously entitled to disability benefits within the last 5 years.

Restrictions on Re-Entitlement to Disability Benefits

If drug addiction or alcoholism is a contributing factor material to the determination of disability and your earlier entitlement to disability benefits on the same basis terminated after you received benefits for 36 months during which treatment was available, you cannot be entitled to a period of disability payments.

Here is an example to illustrate who is eligible for Social Security Disability Benefits:

Jenny has been working and paying into Social Security for several years when she becomes disabled due to a severe back injury that prevents her from working. To qualify for Social Security Disability Benefits, she must first meet the earnings requirement and have earned enough credits to be considered insured for disability. Jenny meets this requirement as she has worked and paid into Social Security long enough.

Jenny then applies for disability benefits with the Social Security Administration (SSA), and her case is reviewed by a disability examiner to determine if she meets the definition of disability under § 404.1505. The examiner determines that Jenny’s injury is severe enough to prevent her from working, and she meets the criteria for disability under the Social Security guidelines.

However, before she can start receiving benefits, Jenny must also meet the waiting period requirement, which means she must have been disabled for five consecutive months. Once she meets this requirement, she will begin receiving benefits.

If Jenny’s disability resulted from drug addiction or alcoholism, and it is determined to be a contributing factor material to the determination of disability, she may be prohibited from receiving disability benefits. Similarly, if Jenny was previously entitled to disability benefits on the same basis, and her entitlement terminated after receiving benefits for 36 months during which treatment was available, she may not be eligible for re-entitlement to disability benefits.

Conclusion: Social Security Disability Benefits are designed to provide financial assistance to those who are unable to work due to a disability. To be eligible for disability benefits, you must meet specific requirements and pass the 5-month waiting period. However, certain restrictions may apply in some cases. It’s essential to understand these requirements and restrictions to determine if you are eligible for disability benefits.

https://www.ssa.gov/OP_Home/cfr20/404/404-0315.htm