Can I get disability benefits if I am suffering from the effects of Kidney Disease?
Author: Attorney Lloyd Bemis
Updated: 12/3/2024
Can I get disability benefits if I am suffering from the effects of Chronic Kidney Disease?
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:
You may be approved for benefits if any of the following conditions are met:
- Completion of a kidney transplant
- Need for regular dialysis
- Low glomerular filtration rate (GFR)
- Nephrotic syndrome
- Serious complications of CKD including anemia, metabolic acidosis and bone disease
Social Security will automatically grant 12 months of disability benefits to an applicant who has had a kidney transplant. After that period, Social Security will evaluate the claimant’s ongoing eligibility taking into consideration transplant rejection, frequency of infection, and side effects of treatments.
Social Security will require complete medical documentation of your condition.
If you cannot meet the listing requirements you may still qualify if your functional limitations prevent you from doing any job.
Can I get disability benefits for Chronic Kidney Disease?
Chronic kidney disease impacts over 37 million Americans, which is more than 1 in 7 adults.
For those with diabetes or high blood pressure—two leading causes of kidney issues—the risk of developing CKD is even higher. Nearly 1 in 3 individuals with diabetes and 1 in 5 with high blood pressure have kidney disease. Other factors that can increase the risk of CDK include heart disease and a family history of kidney failure.
Despite how common kidney disease is in the U.S., about 90% of adults with CKD don’t realize they have it.
Early stages of kidney disease often show no symptoms, so many people only find out when it’s quite advanced. Kidney disease can worsen over time, potentially leading to kidney failure and other serious health emergencies, like strokes or heart attacks. Approximately 2 in 1,000 Americans are dealing with end-stage kidney disease (ESKD), which requires treatment through dialysis or a kidney transplant.
Functional Challenges related to Chronic Kidney Disease
Chronic Kidney Disease can significantly impair an individual’s functional abilities, preventing them from maintaining employment.
Signs and symptoms of loss of kidney function include:
- Fatigue: Anemia, poor appetite, and lack of physical activity can all contribute to fatigue.
- Cognitive impairment: CKD can cause difficulty concentrating, personality changes, and seizures.
- Sleep disturbances: Insomnia and excessive napping can lead to fatigue and decreased quality of life.
- Depression: Depression is common in people with CKD, and can cause fatigue or reduced quality of life.
- Malnutrition: Poor appetite, anemia, metabolic acidosis, and protein-restricted diets can all lead to malnutrition.
- Reduced ability to exercise.
- Fluid retention, leading to swelling in your arms and legs or fluid in your lungs
- High blood pressure
- Heart disease
- Weak bones and an increased risk of bone fractures
- Decreased immune response, which makes you more vulnerable to infection
Can I get Social Security disability benefits if I am suffering from the effects of Chronic Kidney Disease?
Social Security Disability acknowledges chronic kidney disease as a disabling Genitourinary Disorder under Section 6.0 of its Blue Book of listed disabling medical conditions. Section 6 contains multiple separate listings of kidney diseases.
For example, you may qualify for disability benefits under these listings if any of the following applies to you:
- You have had a kidney transplant.
- You need regular dialysis.
- Your glomerular filtration rate (GFR) is low, and you suffer from renal osteodystrophy, peripheral neuropathy, fluid overload syndrome, or severe anorexia. (GFR indicates the stage of kidney disease).
- You have nephrotic syndrome (a condition resulting in too much protein in the urine) and anasarca (generalized massive edema or swelling).
- Your kidney condition has resulted in at least three 48-hour hospitalizations in a consecutive 12-month period.
Social Security will automatically grant 12 months of disability benefits to an applicant with a kidney transplant.
After that period, Social Security will evaluate the claimant’s ongoing eligibility, considering transplant rejection, infection frequency, and side effects of treatments. In addition to your complete medical history, you will need to provide Social Security with the following medical evidence to approve disability benefits:
- Treatment notes from all medical providers.
- Laboratory reports documenting renal disease and kidney function deterioration.
- Dialysis reports showing renal function before and after treatments and the need for ongoing dialysis.
- Kidney biopsy results.
If you have kidney disease and don’t fit the exact criteria set by Social Security, you may still be eligible for disability benefits if you’ve faced complications from your medical condition over the past year.
For example, some individuals with CKD suffer from shortness of breath, bone pain, swelling in the knees or feet, and fatigue from anemia. Social Security will consider how the disease impacts your ability to work, including side effects of medications and treatments, in determining whether to approve benefits.
“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.”
What if I continue to work?
Even if you satisfy the medical requirements for kidney disease, you won’t be approved for disability benefits unless you meet Social Security’s financial requirements.
After the onset date of your disability, your work income must not exceed the monthly amount that SSA has determined to be Substantial Gainful Activity or SGA. In 2025, the SGA earning level is set at $1,620 per month for nonblind applicants and $2,700 for those who are blind. So, if your income exceeds SGA, you do not meet the definition of disability as defined by the regulations governing Social Security disability. Please remember that even if you only work part-time but still earn more than Social Security allows under its substantial gainful activity (SGA) requirements, you will not be legally able to collect Social Security disability benefits.
Your age may help you get approved.
If you are under age 50, Social Security will assume that you can be retained to perform other work as long as you are physically and mentally capable of sustaining some type of full-time employment.
Your past work becomes more important after age 50, as Social Security understands that for persons over age 50, employers are reluctant to hire people they will need to train. In order to address this issue, Social Security has adopted medical-vocational grid rules that attempt to address this issue by comparing a person’s age, past skills, and the type of work available. If a person is between the ages of 50 and 55 and is only capable of sedentary work, Social Security can find them disabled if they do not have the skills to perform a sedentary job. A person between 55 and 60 can be disabled even if they can physically perform a light or sedentary job but have no skills transferable from past work or their education transferrable to sedentary or light work. For example, a 55-year-old man who has spent his whole career in construction and is not skilled in computers, filing, or other office tasks is likely to be found disabled if his conditions significantly limit his ability to stand, walk, or lift. If you are over 60 and can’t return to your previous job without significant accommodations due to your limitations, Social Security will likely approve your application for benefits.
Chronic kidney disease is a serious medical condition that impacts an individual’s daily life.
If you have chronic kidney disease and are unable to sustain full-time work, you may be eligible for Social Security Disability benefits or Long-Term Disability insurance benefits. If you wish to file for benefits or have applied and have already been denied, contact the attorneys at Bemis, Roach & Reed for a free consultation. Call 512-454-4000 and get help NOW.
Citations:
National Library of Medicine
SSA: Disability Evaluation Under Social Security 6.00 Genitourinary Disorders
CDC: Chronic Kidney Disease
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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 Lloyd Bemis has been practicing law for over 35 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. Bemis obtained dual board certifications from the Texas Board of Legal Specialization. Lloyd is admitted to practice in the United States District Court – all Texas Districts and has argued before the U.S. Court of Appeals, Fifth Circuit. Mr. Bemis is a member of the Travis County Bar Association. He has been active in the American Association for Justice and is a past Director of the Capital Area Trial Lawyers Association. Mr. Bemis and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
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 –>
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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–>
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