According to an April 2011 report from the American Academy of Ophthalmology, more than one million people in the United States over the age of 40 are legally blind. Statutory blindness is blindness as defined in sections 216(i)(1) and 1614(a)(2) of the Social Security Act (the Act). The Act defines blindness as visual acuity of 20/200 or less in the better eye with the use of a correcting lens. We use your best-corrected visual acuity for distance in the better eye when we determine if this definition is met. The Act also provides that an eye that has a visual field limitation such that the widest diameter of the visual field subtends an angle no greater than 20 degrees is considered as having visual acuity of 20/200 or less.
Various conditions require only eyeglasses or contact lenses in order to correct a person’s vision and others may require corrective surgery. However, there are many other health concerns that affect a person’s vision such as glaucoma, diabetes, or cataracts. When children and adults apply for disability benefits due to visual impairments Social Security is required to determine eligibility for blindness and disability benefits by using specific criteria designed to make the determination process as objective as possible. Medical-Vocational Guidelines help determine the impairments of central vision acuity and visual fields. The criteria includes duration and severity of the disabling condition, employment and income, and “medical listings” of conditions that are likely disabling, and other factors such as age, education, and work experience. For people who do not meet the criteria of the medical listings, additional tests of vision may be used in the evaluation of functional capacity.
Impairments of color vision, both congenial and acquired, are not uncommon especially among males. Generally this results in a person’s inability to distinguish colors that are readily distinguished by people with normal color vision. However, the Social Security criteria does not take color blindness into account when looking at a claimant’s vision disability.
If you are considered legally blind, but still able to work there is a special rule, Disability Freeze that can help an individual receive higher disability and retirement benefits in the future. If your income and earnings are low due to blindness, those working years can be excluded when calculating your Social Security disability or retirement benefits. Your benefits will be higher because they are based on your average lifetime earnings. If those years of lower pay are excluded, your income during that period will not count towards your average lifetime earnings.
If you have questions or feel that you are eligible to receive Social Security Disability Insurance benefits call Greeman Toomey PLLC today at (877) 332-3252 for more information
