commentr/StutterAugust 9, 2020

Content

I am not a lawyer. It’s very challenging for someone your age. Basically, disability is a function of your impairment as it relates to your ability to do any theoretical work. SSA uses a “5 step process” for determining disability—each test is a funnel through which only some applicants pass. First, you just not have worked at a “substantial gainful activity” level (roughly earning minimum wage for a sustained period) for the previous 12 months. Second, you must have a “severe” medically determinable impairment. Third, if your impairment or set of impairments meets or combines to meet a specific set of criteria laid out in Appendix 1 of Subpart P, you’ll automatically be found disabled. “Loss of speech” is 2.09, and how to meet its requirements is further elaborated upon here (https://www.ssa.gov/OP_Home/rulings/di/01/SSR82-57-di-01.html). Since you note you have other disorders as well, these can aggregate to a level of impairment that warrants a “step 3” favorable determination and receipt of disability. However, if you don’t meet a medical listing at step 3, you proceed onward to steps 4 and 5, which are basically a subjective evaluation of whether there are ~any~ categories of jobs that you could work in, considering your age, work experience, and education. I’m not going to say you couldn’t get disability, but if you are serious you should consult a lawyer who specializes in it. Realistically, it’s very hard to meet “step 3” for anyone, especially when the disabilities are mostly mental in nature. At step 5, there’s a baked-in preference for older Americans, so that automatically disadvantages you. The challenge is if the question is “are there jobs available to you are disfluent?” the answer is probably yes. You’d likely also need to prove that your other disabilities disqualify you from those jobs as well. As a final annoying nuance, given that you are 28 you likely are not eligible for SSDI but SSI. SSDI is disability insurance, which is only available to workers who have paid in after at least 40 credits of work. SSI, however, is available to all disabled people, regardless of work history. Unfortunately, SSI is means tested, meaning you cannot have more than like $2,000 in assets to receive it.

Themes

School & Work

Subthemes

Employment & CareerAccess & Rights