Shannon Marie Truxel v. Social Security Administration

Cape Girardeau disability lawyer represented the Plaintiff seeking denial by HHS of her application to Social Security Disability law.



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Social Security disability law, primarily governed by Titles II and XVI of the Social Security Act, provides monthly benefits to individuals unable to work due to a qualifying disability. SSDI (Title II) focuses on those who have worked and paid Social Security taxes, while SSI (Title XVI) provides assistance to those with limited income and resources. Both programs require a medically determinable physical or mental impairment that prevents substantial gainful activity for at least 12 months or is expected to result in death.



Key aspects of Social Security disability law:



Definition of Disability:

The law defines disability as the inability to perform any substantial gainful activity (SGA) due to a medical impairment. In 2025, the SGA is $1,620 per month, or $2,700 for those considered blind according to the Social Security Administration (SSA).



SSDI (Title II):



This program is for individuals who have worked and earned enough "work credits" by paying Social Security taxes. Benefits are based on the individual's earnings record.



SSI (Title XVI):



This program provides financial assistance to individuals with disabilities who have limited income and resources. It is not based on work history.



Application Process:



Individuals apply for disability benefits through the Social Security Administration (SSA). The application is then reviewed by the state's Disability Determination Services (DDS) to assess the disability.



Disability Determination:



DDS staff evaluate medical evidence, including information from the claimant's treating source and potentially consultative examinations, to determine if the individual meets the definition of disability.



Waiting Period:



There is a five-month waiting period before benefits can begin, meaning the first benefit payment is made in the sixth full month after the disability onset date according to the Social Security Administration (SSA).



Appeals:



Individuals can appeal a denial of benefits.



Family Benefits:



Spouses and dependent children of disabled workers may also be eligible for benefits based on the worker's earnings record according to the Social Security Administration (SSA).

Affirmed