The Oklahoma Bar Journal October 2026

M OST OF US ANTICIPATE THAT OUR INTERACTIONS with the Social Security Administration (SSA) will be limited to enrolling in Medicare at age 65 and applying for retirement benefits. Unfortunately, many people are required to deal with the SSA due to a catastrophic injury or health issue. At those times, knowing the ins and outs of disabil ity under the SSA rules and regulations is critical. Whether for yourself, a loved one, or an injured or incapacitated client, it is likely that at some point in your legal career, you may encounter and need at least some understanding of the SSA disability rules and regulations to apply for and receive disability benefits.

that is covered by Social Security and for which Social Security taxes have been paid. The actual threshold for credits is low, e.g., in 2026, you will earn the maximum four credits available annually by earning at least $7,560 for the year. The purpose of Title II benefits is financial protection for workers who have contributed to the Social Security trust fund, i.e ., have paid into FICA, the federal payroll tax that funds Social Security and Medicare programs, and have had their earned income interrupted by disability. In contrast, SSI benefits are for individuals who have lim ited income and resources. 4 While these eligibility determinations are important, the focus of this article

is the actual rules regarding dis ability rather than eligibility, so no further discussion of the eligibility requirements is included herein.

UNDERSTANDING SOCIAL SECURITY DISABILITY BENEFITS Disability benefits are separated into two types: Social Security Disability Insurance (SSDI), Title II of the Social Security Act, 1 and Supplemental Security Income (SSI), Title XVI of the Social Security Act. 2 The eligibility rules for each are different. Generally, to be eligible for SSDI, you must be “insured,” meaning that you have earned at least 40 work credits, 20 of which were earned in the last 10 years, although younger workers may qualify with fewer credits. 3 Work credits are determined by your total annual wages or self- employment income from a job

THE SEQUENTIAL EVALUATION PROCESS

Disability is defined under both Title II and XVI as the inability to engage in any substantial gainful activity (SGA) 5 because of a med ically determinable physical or mental disability(ies) that is either expected to result in death or has lasted or is expected to last for a continuous period of at least 12 months. 6 In making the disability determination, SSA’s regulations provide a procedure known as the “sequential evaluation process” for

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL