Social Security Disability Lawyer Blog

Unskilled Labor

Unskilled labor is the least complex type of work and can be performed with little to no previously acquired skills. People can typically learn how to perform unskilled labor in 30 days or less. Examples of unskilled jobs include restaurant dishwasher, surveillance system monitor, clerk/typist, and hand packer.

Semi-Skilled Labor

Semi-skilled labor is more complex than unskilled labor. Semi-skilled jobs take more than 30 days to learn and require alertness and attention. A job is considered semi-skilled if it requires you to have coordination or dexterity. Examples of semi-skilled jobs include truck driver, carpenter, waitress, and control inspector.

Skilled Labor

Skilled labor is far more complex than unskilled or semi-skilled labor. Skilled jobs require you to think abstractly, process information, deal with figures, deal with people, make computations, and make precise measurements, among other tasks. Years of training and education are often required to perform skilled labor. Examples of skilled jobs include engineer, pilot, doctor, teacher, architect, CEO of a business, and computer programmer.

Why Job Classification is Important

Job classification is important because the SSA uses it to determine whether you're still capable of working. If you're unable to perform the job you preformed in the past because of a disability, the SSA will use the sequential evaluation process to determine whether you'd be able to perform a new job. During the sequential evaluation process, the SSA reviews the types of jobs you performed in the past to determine if you have any transferable skills, which are skills that can be transferred to a new job. If the SSA decides that you can be trained for a new job based on your physical and mental health condition, educational background, job skills, and age, you will not qualify for disability benefits. On the other hand, if the SSA determines that you're unable to perform a new job based on your physical and mental health condition, age, educational background, and work history, you will be approved for disability benefits.

Different rules apply for claimants who are 55 years old or older. Claimants who are 55 years old or older and have a severe disability that limits them to doing light or sedentary work will be considered unable to perform other jobs unless they have skills that are transferable to other skilled or semi-skilled jobs that they are still capable of performing. Claimants who are 55 years old or older and have an impairment that limits them to doing only sedentary work are typically found by the SSA to have no transferable skills unless the sedentary work is very similar to their previous work.

Find out If You Qualify for Social Security Disability

If you're planning to apply for Social Security disability benefits, set up a free evaluation with Atlanta Social Security disability attorney Louis B. Lusk. Please call 800.883.7043 (or 404.250.7000) or fill out our online contact form to get in touch.

If you're under the age of 55 and have a part-time job, the Social Security Administration (SSA) may assume that you're also capable of working full-time and thus deny your application. If you're over the age of 55 and have a part-time job, you are likely to qualify for Social Security disability benefits. Regardless of your age, to qualify for Social Security disability benefits, your monthly income must not exceed the Substantial Gainful Activity (SGA) amount, which is $1,000 per month as of 2011. Keep in mind that any rent payments you receive for properties you own and interest and dividends from savings accounts and stocks also count as income.

Some people try to limit their earnings in order to qualify for Social Security disability benefits, but their efforts often backfire. This is because the Social Security Administration (SSA) usually figures it out when applicants deliberately limit their income.

Here are two important questions to answer if you're considering applying for disability benefits:

1. If you have a job, can you perform the work five days a week, eight hours a day on a sustained basis?
2. If you're looking for a job, are there a sufficient amount of jobs that you're capable of performing in your area?

If your answer to either question is no, you may qualify for Social Security disability benefits.

Speak with Your Doctor

Discuss your limitations with your doctor before applying for jobs. If your physician suggests that you're not fit to return to work at this point in time, develop a plan with him to determine what treatments you'll need to be able to start working again. Limit your employment based on your abilities, not the SGA limit. If your attempts to return to work fail, talk to your doctor, so your treatment can be adjusted. If you've taken every possible step to return to work but find that you aren't capable of working full-time anymore, then apply for Social Security disability benefits. Doctors are generally more inclined to support a disability claim when they see that the patient has made a significant effort to continue working.

It's also important to note that employment attempts that last six months or less and end because of a disability are considered unsuccessful work attempts by the SSA, even if the earnings exceed the SGA amount. However, if an applicant's work attempt lasts longer than six months and he earns more than $1000 per month, the SSA will conclude that he is capable of performing work at the substantial level.

Want to Apply for Social Security Disability While Working?

The primary difference between these two programs is that the SSI program is financed through general revenues from taxes and is not based on your work history. The SSI program provides benefits to adults who are disabled or blind, children who are disabled or blind, and elderly people over the age of 65. In order to be eligible for SSI benefits, an individual must have limited income and resources. On the other hand, the SSDI program is financed with Social Security taxes. In order to be eligible for SSDI benefits, a worker must earn sufficient credits based on taxable work. If you have limited income and resources and have worked and paid Social Security taxes in the past, you may be eligible to receive benefits from both programs.

How the SSA Determines Whether You Qualify for Benefits

The SSA determines whether you qualify for the SSI or SSDI program by evaluating your resources, work history, and income. The SSA also examines your medical condition to see if you meet their definition of disability. In order for the SSA to consider you disabled, you must be unable to do the work that you did in the past and unable to adjust to other types of work because of your medical condition. In addition, your disability must last or be expected to last for at least one year or to result in death.

If you have enough work credits, apply for the SSDI program. The amount of monthly SSDI payments is based on your payroll contribution. If you don't have enough work credits and have limited income and resources, apply for the SSI program. The only way you can receive both SSI and SSDI benefits is if your SSDI benefits are less than the Federal Benefit Rate (FBR) for SSI payments. As of 2011, the FBR for SSI payments is $674 per month for an eligible individual and $1,011 per month for an eligible individual with an eligible spouse.

That means if you receive $800 per month from the SSDI program, you will not be eligible for SSI payments since you're already receiving more than the FBR. But if you receive only $500 month from the SSDI program and you're also eligible for the SSI program, you may receive an additional $174 per month to bring the payment amount up to the FBR.

Need Help Applying for SSI and/or SSDI?

As of 2011, you receive one credit per $1,120 of earnings and are eligible to receive up to four credits per year. The amount one needs to earn to receive credits increases slightly each year in accordance with average earnings levels. Even if you change jobs or become unemployed, the credits stay on your Social Security record.

The Amount of Credits You Need for Disability Benefits

The number of work credits you need to qualify for Social Security Disability benefits depends on the age you become disabled. Typically, claimants need around 40 credits, 20 of which were earned in the 10 year period ending when their disability started. Younger workers don't need as many credits.

Claimants under the age of 24 may qualify for benefits if they have six credits that were earned in the three year period ending when their disability started. Claimants between the ages of 24 and 31 may qualify for benefits if they have credit for working half of the time between the age of 21 and the time they became disabled. Claimants who are at the age of 31 or older must have earned at least 20 of their credits in the 10 years immediately prior to becoming disabled.

What to Do If You Don't Have Enough Work Credits

If you don't have enough work credits and you have limited income and resources, you may be eligible for the Supplemental Security Income (SSI) program, which is need-based. For the majority, the medical requirements for disability payments under the SSI program are the same as they are under the Social Security Disability Insurance (SSDI) program.

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