What Is The 5-Year Rule for Social Security Disability?

Fewer than one-third of the claims for disability benefits through the Social Security Disability Insurance program of the Social Security Administration are approved. The other two-thirds of applicants whose claims for disability benefits are not approved either give up or hire a disability lawyer to appeal the denial.

Occasionally, Social Security adopts new rules or procedures for the disability approval process to make it easier for applicants to meet the qualifying criteria. That is what happened in 2024 with the adoption of a new Social Security Disability 5-year rule.

This blog explains the rule and its modification of the SSDI work history requirements. As you read about the rule change, remember that people throughout Northern California and nationwide have entrusted their Social Security Disability claims to Sackett and Associates for over 45 years. Contact them if you need assistance with your application or require skilled representation to appeal a claim denial.

Eligibility Requirements SSDI Benefits

The SSDI program pays monthly benefits to individuals with medical conditions that prevent them from working and earning a living. To be “insured” and eligible for the program, you must have a work history that shows you have worked long enough and recently enough to be eligible for SSDI.

The work history must be documented through employment or self-employment, with Social Security taxes paid on the earned income. Whether you worked for a long enough period and recently enough is measured through work credits.

You earn one work credit for each $1,810 in earnings up to a maximum of four credits annually. The number of work credits required for SSDI eligibility depends on a person’s age when the disability starts. For example, a 23-year-old needs six work credits earned within three years of the onset of their disability, but a 31-year-old worker needs 20 credits earned within 10 years of their disability onset date.

A “disability” for SSDI purposes is defined as a medically determinable physical or mental impairment causing a person to be unable to do substantial gainful activity. The impairment or combination of impairments must be expected to result in death or be expected to last for a continuous period of at least 12 months.

SSDI Disability Review Process

To qualify for SSDI benefits, you must have a disability that matches the definition used by the Social Security Administration. You must have a medically determinable physical or mental impairment causing you to be unable to do substantial gainful activity. The impairment or combination of impairments must be expected to result in death or be expected to last for a continuous period of at least 12 months.

Social Security reviews the application and work history to determine if you are insured and eligible for the program. If you are, the application is sent to an office of the Disability Determination Services (DDS) for review to determine whether the medical evidence proves that you have a disability as defined by federal regulations.

The DDS uses a five-step sequential evaluation process to review your claim and determine whether you have a medical condition that meets the Social Security disability definition. Each step in the evaluation process poses and answers the following five questions about your medical condition and its effect on your ability to do work activities:

1. Step One: Is the applicant doing substantial gainful activity (SGA)? If the answer turns out to be yes, then you are not disabled. However, if you cannot do SGA, the process goes to the next step.
2. Step Two: Do you have a severe impairment? If your medical condition significantly limits your physical or mental ability to do work activities, such as walking, standing, lifting, speaking, understanding, and remembering, the evaluation moves to the next step.
3. Step Three: Does an impairment meet or equal a listed impairment? The Social Security Administration compiled a Listing of Impairments, which contains medical conditions severe enough to be disabling. If you meet or equal the criteria for one or more of them, you are disabled. If not, the process moves to the next step.
4. Step Four: Does your medical condition allow you to do work done in the past? If it does not, the process moves to the next step.
5. Step Five: Does your condition allow you to adjust to another type of work? If not, then you are disabled.

The SSDI recent work test in step four of the evaluation process can be burdensome when filling out an application for benefits, as it requires listing your entire work history. The new 5-year rule for SSDI eligibility makes it easier by limiting how far back you need to go.

Learn More From A Disability Lawyer

Make Sackett and Associates the first place you turn for advice and representation when you need help with the new Social Security Disability Insurance time limit on work history or anything else related to disability benefits. Learn more by contacting Sackett Law for a complimentary consultation and case evaluation.