Amyotrophic Lateral Sclerosis, or ALS and qualifying for Social Security Disability Benefits
Author Attorney Greg Reed:
Updated: 1/30/2025
Can I get disability benefits if I am suffering from the effects of Lou Gehrig’s Disease (ALS)?
First you must meet the SSA’s financial requirement:
You must have worked long enough, recently enough, and not made over a predetermined level of income.
Second you must meet the medical requirements:
The SSA recognizes ALS as a disabling impairment in its Blue Book under Sections 11.00 and 11.10.
To qualify for automatic benefits with ALS, you must provide the following medical evidence:
- A formal diagnosis of amyotrophic lateral sclerosis by a neurologist (not your primary care provider or general practitioner).
- Reports from neurological exams consistent with ALS, including tests of reflexes and motor function.
- Electromyography (EMG) – a recording technique that detects electrical activity of muscle fibers.
- Nerve conduction studies which detect the ability of nerves to send electrical impulses.
How do you qualify for disability benefits With Amyotrophic Lateral Sclerosis (ALS)?
The Centers for Disease Control and Prevention (CDC) estimate that approximately 30,000 individuals in the United States are living with Amyotrophic Lateral Sclerosis (ALS), commonly referred to as Lou Gehrig’s disease.
This figure is anticipated to rise as the population ages. The annual prevalence of ALS is projected to be between 4 to 6 cases per 100,000 people, with an incidence rate of about 2 cases per 100,000 annually.
ALS predominantly affects individuals aged 40 to 70, although it can also occur in those in their 20s and 30s.
Men are 20% more likely to develop ALS than women, although the likelihood balances out at older ages. While the disease is more prevalent among whites and non-Hispanics, it affects individuals of all racial and ethnic backgrounds. Research suggests that military veterans maybe 1.5 to 2 times more likely to develop ALS, potentially due to exposure to environmental toxins, though the exact reasons remain unclear. Most ALS cases occur without any identifiable risk factors or family history, although relatives of those affected face a slightly elevated risk.
What are the Functional challenges related to Amyotrophic Lateral Sclerosis (ALS)?
The functional challenges an individual with ALS experiences can vary depending on the progression of the disease and the area of the body initially affected:
- Weakness in arms and legs can lead to difficulty walking, standing, and getting in and out of chairs. Muscle weakness and impaired coordination may cause reaching and hand and finger dexterity issues.
- Challenges in articulating words, a deterioration in voice quality, and difficulties in comprehending and conveying complex thoughts can hinder effective communication with others.
- Difficulty swallowing food and liquids (dysphagia) can lead to aspiration risk and potential reliance on feeding tubes.
- Weakness in respiratory muscles may result in breathing difficulties and a need for ventilatory support in advanced stages.
These challenges can severely impact daily activities like eating, dressing, walking, and communication and the loss of independence can lead to anxiety, depression, and feelings of isolation.
How do I qualify for disability benefits if I am suffering from the effects of Amyotrophic Lateral Sclerosis?
The sudden, rapid progression of ALS, in addition to the financial and medical costs, make Social Security disability benefits invaluable.
ALS most often strikes people between the ages of 40 and 60 when they may be the primary wage earner of a family. Approximately 1,000 people with ALS apply for Social Security Disability benefits each year. The Social Security Administration recognizes ALS as a disabling impairment in its Blue Book under Sections 11.00 and 11.10:
We evaluate epilepsy, amyotrophic lateral sclerosis, coma or persistent vegetative state (PVS), and neurological disorders that cause disorganization of motor function, bulbar and neuromuscular dysfunction, communication impairment, or a combination of limitations in physical and mental functioning, such as early-onset Alzheimer’s disease.
To qualify for automatic benefits with ALS, you must provide the following medical evidence:
- A formal diagnosis of amyotrophic lateral sclerosis by a neurologist (not your primary care provider or general practitioner).
- Reports from neurological exams consistent with ALS, including tests of reflexes and motor function.
- Electromyography (EMG) – a recording technique that detects the electrical activity of muscle fibers.
- Nerve conduction studies which detect the ability of nerves to send electrical impulses.
How fast can I get benefits? – The Compassionate Allowance program
The application process for Social Security Disability Insurance (SSDI) can be lengthy, posing a significant challenge for those suffering from ALS who cannot afford to wait months to receive benefit approval.
In such instances, the Social Security Disability Compassionate Allowance program offers a solution. This initiative was established to address concerns regarding prolonged delays in the disability determination process and provides expedited assistance to those applicants whose medical conditions are so severe that it is evident they meet the criteria for disability. This program enables the SSA to prioritize the most severely disabled applicants and facilitate a swift approval of benefits following their application.
A diagnosis of ALS makes you automatically eligible for SSDI because ALS is included in Social Security’s list of Compassionate Allowance diseases.
The ALS Disability Insurance Access Act of 2019 eliminated the 5-month waiting period for people with ALS who were approved for Social Security Disability benefits on or after July 23, 2020. After applying, you do not have to do anything and should receive a determination within a couple of weeks. Once approved for SSDI, you are also automatically enrolled in Medicare.
“Once Social Security determines the limitations caused by your condition, they will employ a vocational expert to assess whether a person with these limitations is employable. Most vocational experts will find a person to be unemployable if their condition or the treatment rendered for the condition causes the person to regularly be absent two or more days a month or be “off-task” 15% or more of the workday.”
Is there a financial requirement for getting disability for Lou Gehrig’s Disease (ALS)?
It is important to note that approval for Social Security disability benefits is contingent not only on satisfying the medical requirement for ALS, but also upon meeting certain financial criteria set forth by the SSA.
- You must have a qualifying disability that has persisted or is expected to persist for a minimum of 12 months.
- You must have engaged in employment where you paid Social Security taxes for a sufficient length of time and within a defined recent timeframe.
- During the period in which you claim disability, you must not work in a job paying you more than the established Substantial Gainful Activity (SGA) amount, which is currently $1,620 per month in 2025 for nonblind applicants and $2,700 per month for blind applicants. This only applies to wages for work performed and not to private disability benefits, investment income, or other non-wage earnings.
If you cannot satisfy any of these criteria, you might still qualify for disability assistance through alternative Social Security programs, such as Supplemental Security Income (SSI), or through long-term disability insurance provided by your employer or a privately acquired policy.
Applying for Social Security Disability benefits can be a confusing and frustrating process, even if you have an impairment that is listed in Social Security’s Blue Book such as ALS. Consulting an experienced Social Security Disability attorney can save time and help you avoid mistakes.
Citations:
ALS statistics NIH
Uofmhealth.org ALS
SSA ALS
Hopkins Medicine
SSA Compassionate Allowance
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Disability Benefits FAQs
Social Security has some basic financial requirements.
Before you are eligible for Social Security disability benefits, you must satisfy some basic financial requirements. You must: 1) have a disability that has lasted or is expected to last 12 months; and 2) you must have worked in a job where you paid Social Security taxes long enough and recently enough; and 3) you must not earn more than Substantial Gainful Activity (SGA), which is $1,620 per month in 2025 for nonblind applicants and $2,700 per month for blind applicants.
Basic SSDI Requirements –>
You may also be eligible for Social Security Disability benefits if you have another medical condition.
One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>
If you are 55 or older or have another medical condition you may get approval.
Applicants who are 55 or older often fall under a grid rule, which means they are not expected to learn a new job.
Disability for those over 55 –>
You may also be eligible for Social Security Disability benefits if you have another medical condition.
One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>
Should you file a claim?
If you believe that you meet Social Security’s medical and financial requirements, you should apply for benefits. If you are still unsure or would like to talk to someone, please contact us at 512-454-4000. We are always ready to take your call and discuss your options with you free of charge. We are happy to help folks just like you find the best solution for their personal situation.
How do I file for Social Security Disability benefits?
Once you have decided to file a claim, you can take the first step and apply for Social Security Disability benefits in person at your local Social Security Administration office, online, or over the phone.
How to Apply for SSDI –>
Appealing denied benefits
Most who file are denied initially. That doesn’t mean you won’t qualify; you just need to file an appeal.
There are four steps to the Social Security appeal process.
SSDI Appeals Process –>
Do I need a disability attorney for SSDI?
You may certainly file a claim on your own, but evidence shows that your chances for approval are increased significantly if you have legal representation.
Do I need an SSDI attorney–>
What if I don’t qualify for SSDI?
If you haven’t worked long enough to earn enough work credits, or if you earn too much income, you may be eligible for disability benefits through another Social Security program, such as Supplemental Security Income (SSI), or from a long-term disability insurance plan through your employer or a privately purchased policy.
What is Supplemental Security Income or SSI?–>
I have long-term disability insurance – should I file a claim?
Absolutely – you should file a claim as soon as you become disabled.
LTD Disability Appeals Process–>
Disability benefits are an important source of income for those who are unable to work. If you are not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.
Author: Attorney Greg Reed has been practicing law for 29 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Reed obtained board certification from the Texas Board of Legal Specialization. Greg is admitted to practice in the United States District Court – all Texas Districts and the United States Court of Appeals-Fifth Circuit. Mr. Reed is a member of the Travis County Bar Association, Texas Trial Lawyers Association, past Director of the Capital Area Trial Lawyers Association, and an Associate member of the American Board of Trial Advocates. Mr. Reed and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
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