Who is Eligible for Social Security Disability Benefits in Illinois? | Should I Have a Special Needs Trust?

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we answer the questions: “who is eligible for social security disability benefits in Illinois?” and “should I have a special needs trust?” We discuss eligibility for Social Security Disability Benefits for individuals age 18 and older and for individuals under the age of 18. We also answer the question: “If I am eligible for disability benefits, should I have a special needs trust?”

The Social Security Administration has set the following requirements for eligibility for Supplemental Security Income (“SSI”) benefits under the Social Security Act.

Eligibility for Social Security Disability Benefits For individuals 18 and older

An individual is considered disabled by the Social Security Administration (“SSA”) if he or she has “the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of at least 12 months.”

Work is considered substantial if it “involves doing significant physical or mental activities, or a combination of both.”

Gainful work activity is any of the following: