Statutory Blindness - Social Security & SSI Disability

Defined

Special Rules

If you are statutorily blind, a number of special rules apply to you.

The Durational Requirement (DR) - There are four special DR rules. First, if you are a statutorily blind Supplemental Security Income (SSI) claimant, there is no DR.

Second, if you are 1) statutorily blind; 2) age 55 or older; and 3) a Social Security Security Disability Income (SSDI) claimant, disabled widow/er, or a child disability beneficiary; there is no DR.

Third, if you are a under 55 statutorily blind SSDI claimant, the DR is satisfied in two ways instead of three: 1) Your medical condition has lasted 12 months or more and kept you from engaging in substantial gainful activity (SGA), and 2) your medical condition is expected to last and keep you from engaging in SGA for 12 months or more from the date you last worked. Here, the "expect to result in death" DR category is not applicable.

Fourth, if you are a statutorily blind SSDI claimant, there is no DR for an earnings freeze.

SGA - There are four special SGA rules. First, if you are a statutorily blind Supplemental Security Income (SSI) claimant, there is no SGA evaluation.

Second, if you are a SSDI statutorily blind claimant, SGA is $1,970 instead of $1,180 if you are non-blind (in 2018).

Third, in determining if you satisfy SGA, Social Security will only evaluate your earnings amount (like you are an employee). It will not evaluate you work activity to determine if your work activity is similar to the work of unimpaired people in your community, or if your work is worth SGA amounts. If you are a self-employed business owner doing a lot of work, but your net profit is less than $1,970 per month, you satisfy the SGA evaluation.

Fourth, if you are 1) statutorily blind; 2) over age 55; and 3) a SSDI claimant, child disability beneficiary, or a disabled widow/er; Social Security will evaluate your SGA to determine if your work activity is "comparable" or "noncomparable" SGA. Comparable SGA is SGA you perform after the onset of blindness or age 55 (whichever is earlier) that requires the same "major basic skills and abilities" as the work you performed before the onset of blindness or age 55. Noncomparable SGA is SGA you perform after the onset of blindness or age 55 (whichever is later) that requires different "major basic skills and abilities" as the work you performed before the onset of blindness or age 55. If you use any new and significant skills in performing SGA after the onset of blindness or age 55, that SGA is noncomparable. If your work activity is over blind SGA amount and comparable, the SSA will not find you disabled as you are engaging in SGA (you do not satisfy step 2). If your work activity is over blind SGA amounts and noncomparable, the SSA will find you disabled (even though you're working). While you are engaging in noncomparable work activity above blind SGA amounts, you will not be entitled to Social Security monthly benefits. While you are engaging in noncomparable work activity NOT above blind SGA amounts, you WILL be entitled to Social Security monthly benefits.

Earlier Onset Date & Disability Freeze - If you are a statutorily blind SSDI claimant, you can establish an earlier onset date of disability (and the start of the disability freeze that goes with the onset date). For example, a claimant applies for SSDI benefits on July 3, 2018. His alleged onset date of disability is March 9, 2018, and medical evidence shows he has been statutorily blind since said date. However, he performed SGA continuously from 1991 to September 15, 2018, when he stopped working. His onset date of disability and disability freeze is July 3, 2018. His onset date for benefits is September 15, 2018.

Earnings Freeze - If you are a statutorily blind SSDI claimant who is only fully insured (you only have to be fully insured - NOT insured for disability, and because you have to be fully insured, this rule does NOT apply to a child disability beneficiary or disabled widow/er), you can apply for an earnings freeze for any year you work and earning money and your statutory blindness has reduced your income. If the earnings freeze is beneficial to you, it will be awarded.

Compassionate Allowance Case

Some child visual impairment cases can qualify as a compassionate allowance case which involves a medical condition that is deemed by Social Security to clearly and easily satisfy a listing. Social Security expedites a compassionate allowance case to make a faster decision. Expedited cases are reviewed Here - Expedited Cases.