Periodically, we’ll have someone who comes to the office and will tell us that they were in a car accident, and their doctor has given them a 10% permanent disability. Are they entitled to social security?
Well, the answer is that you’re entitled to social security, not based on a 10% disability rating, or even a 50% disability rating. You can have a very low disability rating, and still be entitled to social security disability.
The question is, do you meet the definition for disability under social security law. That is, are you unable to hold gainful employment in the national economy, because of a disability, because of a mental or physical impairment, and will that impairment last for 12 months.
It’s not the number that makes the difference. If you’re illiterate, for example. You have very little education, and you cannot lift 25 pounds, you may be disabled, even though you only have a 5% disability, because there may be no jobs for illiterate individuals who can’t lift more than 25 pounds in our national economy.
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