Legal Rights of Persons With Disabilities - Ossh.com

disability, or veteran's allowances to which they may be entitled before becoming eligible for SSI. There is
no waiting period for SSI benefits. (20 C.F.R. ' 416.210.)
3. Application Procedures
To apply for social security disability or SSI benefits, an individual or his or her representative
must file an application with the local SSA office. An individual must furnish medical and other evidence
of disability as part of the application process. (20 C.F.R. '' 416.301 et seq., 416.202 et seq. and 416.601
et seq.)
4. Determining Disability
To receive either disability or SSI benefits, an individual must show that he or she is unable to
work because of blindness or disability. "Blindness" is defined as visual acuity of 20/200 or less in the
better eye with use of a correcting lens. "Disability" is defined in terms of an inability to engage in any
"substantial gainful activity." "Substantial gainful activity" means significant and productive physical or
mental duties done or intended to be done for pay. Household tasks, hobbies, therapy, school attendance,
and social activities are not generally considered substantial gainful activity. A person may still have some
earnings (generally under $300 a month) and not be considered engaged in substantial gainful activity. If
an individual's disability is merely temporary and is not expected to last 12 months, he or she cannot
receive social security disability or SSI benefits. (20 C.F.R. '' 404.1501 et seq. and 416.971 et seq.)
Certain disabilities are considered severe enough to qualify a person for social security disability or
SSI benefits automatically. Among these are kidney failure requiring dialysis, an IQ score of 59 or below,
diabetes mellitus with nerve damage, mental diseases resulting in impairment of intellectual functioning
and restriction of daily activities, and some types of cancer. (20 C.F.R.
' 404.1520 et seq.)
Individuals will not be considered disabled merely because they are no longer able to perform their
previous job. A person must be unable to do any other type of work, taking into consideration age,
education, and work experience. The SSA uses standardized medical-vocational guidelines to determine
what work the applicant should be able to perform if an individual's disability is "exertional" -- for example,
affecting the ability to walk, stand, or lift. For "nonexertional" disabilities -- for example, difficulty with
communication, understanding, or handling stress -- the determination is not standardized. The SSA does
not consider whether the work which an individual could perform exists in the immediate area in which the
individual lives, whether a specific job vacancy exists for the person, or whether the individual would be
hired if he or she applied for work. (20 C.F.R.
' 404.1520.)
5. Referral to Rehabilitation Services
Individuals receiving social security disability benefits and SSI may be referred to the state agency
providing rehabilitation services. In California, the designated state agency is the Department of
Rehabilitation. If a person refuses without "good cause" to accept rehabilitation services, eligibility for SSI
or the amount received for social security disability will be affected. (20 C.F.R. ' 416.213.)
6. The Appeal Process
If you are denied disability or SSI benefits you may appeal. To initiate the appeal process, you
must file a "request for reconsideration" with the Social Security Administration within 60 days of
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