The Social Security Administration (SSA) defines a disability in the strictness sense. To qualify for benefits then, your impairment must be of a physical or mental nature – one which has prevented you from working in the past and keeps you from working now. Therefore, to determine if your infirmity meets the definition of a disability by the SSA, you need look at a number of criteria.
The SSA Review: Some of the Considerations
If you’re currently working full-time or make monthly earnings of over $1,010, then your disability claim will be denied.
Is Your Condition Listed?
In addition, the medical condition or disability should be listed on the SSA’s designated list of disabling conditions. If your condition can’t be found on the index, the reviewer will check to see if the disease or disorder is equal in severity to similar ailments. So, even if your disability is not on the list, you still may be able to quality.
A Sampling of the Conditions
Some of the medical diseases or illnesses that are part of the SSA compilation include rheumatoid arthritis, Parkinson’s disease, stroke, diabetes, chronic fatigue syndrome, fibromyalgia, spinal injury, multiple sclerosis, chronic headache, blindness, cancer, leukemia, severe back pain, and chronic obstructive pulmonary disease (COPD). Of course this tally is just a small sampling as the SSA’s list is far more comprehensive.
How Does the Condition Interfere with Work?
Another consideration the SSA looks at is if your condition gets in the way of your working. This criterion is particularly scrutinized if your condition is not listed as one of the disabling conditions on the SSA’s extensive list.
Can the Claimant Do Some Other Kind of Work?
The SSA reviewer also considers if you can do some other type of work. In order to make a decision in this regard, the agency will look at such factors as work experience, transferrable skills, amount of education, and age. Should the SSA determine that you cannot make an adjustment so you can work, then your claim will be processed.
How An Attorney Can Help
However, the processing of the claim cannot be done very easily unless you elicit the help of an experienced attorney. An attorney’s presence increases your chances for success significantly. Plus, if you retain an attorney, you only need to pay him or her if your file is processed. The attorney will assist you by preparing the file and compiling the supporting paperwork. If you have been previously denied, then he or she will process the documents to appeal the ruling.
Getting the Process Started
Naturally, disability patients who have conditions that are thought to be critical are processed with much more alacrity than claimants with illnesses that are considered less life-threatening. Therefore, when you contact a social security disability attorney about your condition, you’ll probably spend about an hour getting acquainted and reviewing your medical records. At that time, the attorney will ask you specific, salient questions so she can determine how to proceed with your claim.
Claims that Require Faster Handling
Usually, there are four instances where a claimant is entitled to a quicker handling of his case. These situations include instances where the claimant’s condition is terminal or if the claimant has become suicidal or homicidal as the result of his illness. Claims normally are processed more swiftly too if the claimant does not have or cannot obtain medicines to treat his illness or retain adequate housing or food.
An Easier Process
Indeed, using an attorney can make all the procedural steps simpler to follow as she will not only review and secure all your health records but will make sure the ensuing reports and test results are kept current. An attorney can also help by drafting questions for your health care providers to answer so any potential questions by the SSA can be adequately addressed. Doing so will help you present a more compelling claim and argument. To back up the paperwork, a lawyer will often prepare a memorandum that is supported by statutory authorization.
Strategizing Your Case
Should a formal hearing be scheduled, the attorney can assist in preparing your testimony and equip you to anticipate the judge’s questions. The attorney will also attend the hearing with you to make sure your case is presented in the most favorable light.
Needless to say, securing the services of a social security disability attorney is essential, whether you need to expedite a claim or are appealing a denial. Make sure you are adequately represented before you proceed with any type of filing for SSA benefits.
About Author: Mary Bennett is a legal writer living in North Carolina. She interviewed The Social Security Disability Experts at Candice Apple and Associates during the writing of this article. For further details about the filing or appeals process for SSA disability, contact the firm toll-free at 1-800-669-2390 today.
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