You are entitled to Social Security Disability (also known as SSD) when you are no longer capable of performing a significant amount of work because of a notable physical or mental illness. The medical condition is expected to last for a minimum of 12 months or be considered a terminal illness, making you fully dependent and incapable of earning wages or holding a job. We have seen thousands of people suffer from crippling disabilities and under the SSD, there are options available to provide benefits and alternative options for assistance with income for the future.
It usually takes approximately three to four months to receive a decision from Social Security after the initial application. Many initial applications for benefits are rejected and only approximately fifty percent (50%) of the claims are appealed. If your application is denied, you must appeal the decision within 60 days of receipt by filing a Request for Reconsideration. If the decision based upon your request for reconsideration is unfavorable, you do have the right to request a hearing before an Administrative Law Judge. Should an Administrative Law Judge deny your claim, you still have the right to have their decision reviewed by a National Appeals Council, and even to take your case before a Federal Court.
In order to acquire assistance, you must meet the stringent conditions. The rigorous application process has improved over the years and becomes comparatively easier to understand. Unfortunately, deserving individuals are sometimes denied benefits. To help determine your eligibility, the following must be proved to the court.
- Not Earning Monthly Substantial Gainful Activity (also known as SGA)
Substantial Gainful Activity is one of the main determining factors. To be eligible for benefits you must have little or no income, or you should be considered medically disabled or you must not be currently working and if working, then the earnings should be less than the limit.
- The Degree of Your Disabling Condition
It is imperative to prove your condition is severe enough to restrain you from working. Your disability must have more than a minimal impact on basic work-related activities and intrude in the ability to perform basic tasks. Having strong sufficient medical evidence of your disability and proof of ongoing medical treatment by a medical professional is a critical element in building a strong case. Common medical health issues will not make you eligible for gaining Social Security Disability benefits.
- Does Your Disability Meet the Conditions Listed by SSA?
To be able to qualify for the Social Security Disability Insurance and gain the benefits, you must meet any of the medical conditions listed in the Blue Book. You do not necessarily need to meet the exact listing requirements for a particular illness, the symptoms of your condition must be equivalent to the criteria indexed in the listing of impairments.
- Experiencing Difficulty with Daily Activities?
During the time, the SSA will want to know how your medical condition is causing your inability and a hindrance in completing your daily activities. These activities may include personal hygiene, dressing, mobility, cooking, cleaning, etc., and contribute to your residual functional capacity to complete common daily tasks. If your condition is uncompromising enough and interferes with your ability to perform the activities and work you used to do in the past, then you may meet this requirement.
Our firm has the knowledge and experience to help you with issues ranging from corresponding with medical providers to advocating with the Social Security Administration, and determining the best possible direction to take your claim.