How does Inconsistent or Non-Traditional Employment affect a Social Security Disability Insurance (SSDI) Claim
Coming from diverse backgrounds, individuals with disabilities, especially Latinos who primarily speak Spanish, often have non-traditional or inconsistent employment histories that can complicate the review process for Social Security Disability Insurance (SSDI) benefits.
At Walker Firm PC, DBA Casa de la Justicia, we specialize in assisting clients with SSDI claims, and work with every client to fill out their application correctly to ensure the challenges presented by non-traditional or inconsistent employment are fully addressed.
Meeting the Work History Requirement
When evaluating an SSDI claim, SSA looks for a work history record that meets the “work credits” requirement. To qualify for Social Security Disability Insurance (SSDI), an applicant must have 40 social security credits earned over their lifetime, as well as having worked 5 of the past ten years before their disability began. This means a claimant needs to have worked a sufficient number of years in a job covered by Social Security to qualify for SSDI benefits. When it comes to gaps in employment, seasonal, part-time work or gig work, SSA evaluates the following:
Self-Employment and Freelance Work
The SSA recognizes that self-employed individuals or freelancers may have different types of documentation compared to traditional employees. If a client has worked as a freelancer or business owner, they will need to provide alternative evidence, such as tax returns, profit and loss statements, and invoices to show the nature and extent of their work and earnings.
Irregular or Short-Term Employment
If the client worked in a series of temporary or short-term positions, the SSA may assess whether these jobs provided enough income over time. For instance, individuals working in industries like construction, hospitality, or seasonal agriculture might not have long-term contracts but could still meet the work credit requirement if they were able to maintain sufficient income from these roles and paid their income tax over the years.
Voluntary Part-Time Work
Some clients may have been engaged in part-time work voluntarily, not as a result of injury or disability, but due to personal reasons or lifestyle choice. In this case, the SSA might take a more flexible approach, provided the client has maintained consistent earnings and has made contributions to the Social Security system.
Presenting Medical Evidence
In addition to confirming the claimant’s work credits, the SSA will also review the medical evidence when determining eligibility for SSDI benefits. For clients with non-traditional employment backgrounds, the SSA will look at the following :
Documentation of Disability
The claimant will need to show that they have a medically determinable impairment that prevents them from working at a substantial gainful activity (SGA) level. Even if a person has had an inconsistent work history, if they can demonstrate that they can no longer perform their past work or any other work due to a disability, they may still qualify.
Ability to Work Despite Inconsistent Employment
If the claimant has a history of irregular or non-traditional employment, the SSA will also examine how their disability affects their ability to continue working in those non-traditional roles. Inconsistent employment can work to the claimant’s advantage if they can demonstrate that their disability has made it impossible to continue working in any capacity.
Medical Evidence
Clients have a comprehensive medical record that outlines the extent of their disabilities. Non-traditional workers may need to provide more detailed evidence of how their impairments prevent them from continuing to perform their specific type of work.
Focus on SGA and Capacity to Work
Clients need to understand that the SSA’s determination isn’t just about the number of work credits but also about their ability to work. Non-traditional workers might not have a long or continuous employment record, but if they can prove they are unable to engage in any substantial gainful activity due to their disability, they could still be eligible for SSDI.
Conclusion
The SSA’s evaluation process for SSDI claims can be complicated, particularly for clients with inconsistent or non-traditional work histories. However, the key lies in providing comprehensive evidence that demonstrates both the extent of their work history and the medical limitations imposed by their disability. By ensuring clients have the appropriate documentation and medical records, the application process will be smoother.
At Walker Firm PC, DBA Casa de la Justicia, we are dedicated to assisting clients through the complexities of SSDI claims, especially those with irregular work backgrounds. If you need help navigating a claim for one of your clients who has a unique work history, just call us at Walker Firm PC, DBA Casa de la Justicia, at 1 800 454 5454 and we’ll help them secure the benefits they deserve.
