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Family Legal Senior Social Security Disability

How to Prove Your Disability To The SSA

When seeking to qualify for either SSDI or SSI, you will be required to prove your disability. Even when the claim seems like it would be obvious and straightforward. You must remember that only about 30% of all claims initially presented to the SSA are denied. This is one reason why Social Security claims can be so frustrating if you are pursuing it by yourself. Which is why many people opt to work with an experienced Social Security disability lawyer.

Disability As Defined By The Social Security Administration

The Social Security Administration has a very clear definition of a disability. If you are only partially or temporarily disabled, you will not be able to claim SSDI or SSI benefits. So, you must show that:

  1. You cannot do the work you did previously, due to the disability
  2. You are unable to do change occupations or do other work due to the disability
  3. The disability will last longer than a year or is anticipated to result in death

If you are able to meet these criteria, you will not be able to engage in any substantial gainful activity. This qualification can be revoked if you earn too much income in a month.

Collect And Organize Your Medical Records

Common claim denials result from the failure of the applicant to provide sufficient medical documentation as evidence of the disability. Spending some time developing your medical documentation can help you prove your disability during the first review period.

The Social Security Administration will need to see records of your disability going back to when it was first discovered. This is known as your disability onset date. This can be difficult to determine for some conditions, so leverage family and friends if needed.

Your doctors can be a priceless resource. Your medical care team should be able to provide you with the records or documentation you need. If necessary, they may also be able to furnish a mental health assessment to be presented to the SSA. Make sure you adhere to your doctor’s directives for treatment as well. If you don’t, the SSA may deny your claim for lack of consistent treatment.

Make Sure You Meet The Requirements

Any disability can be challenging to prove. This can be especially true for those seeking benefits for mental illnesses or conditions. Some will be significant or severe enough that the Social Security Administration will simply grant the benefits. The conditions that qualify someone for SSDI or SSI benefits are detailed in the Blue Book. The Blue Book contains all of the criteria for qualification based on medical diagnosis.

Some conditions may be severe enough that the SSA will only need limited medical documentation. For example, arthritis, asthma, and heart disease. Some conditions will require more rigorous proof, such as mental disorders. Mental disorder claimants will need to meet various criteria that are designed for their particular mental disorder category, such as anxiety or psychosis.

Categories
Legal Social Security Disability

Why Should I Speak to a Disability Lawyer?

The process of applying for Social Security Disability benefits can be confusing if you’re not sure how to properly fill out the paperwork. You need the right medical documentation as well, and because of this, more than 65% of claims filed are rejected initially.

You can, of course, fill out the paperwork and submit the documentation yourself, but speaking with a lawyer beforehand could be the difference between your application being approved and denied. Statistically speaking, your claim is more likely to be approved if you have an attorney to represent you.

Why Having a Lawyer Can Help Your Case

It’s no secret that your disability application being approved is much more likely if you have an attorney on your side. There are certainly some individuals that take care of the application process on their own and are successful, but that is not the case for most people.

Your best bet is to hire an attorney early on, as they can argue your case from the beginning, starting with providing advice on your “alleged onset date”. They’ll be able to gather evidence to build a strong case. If you choose to wait to hire a lawyer, they can still help you be successful.

When to Contact a Lawyer

Really, you can bring a lawyer in at multiple points during the process, but the sooner you make that initial phone call, the better. Many attorneys will even offer you a free consultation so they can go over the facts and give you legal advice without needing to spend an arm and a leg.

If you can line up a lawyer to help with your initial application, you can avoid a lot of hassle and mistakes during the process. After a denial, they can help you with the appeal process so you can hopefully still get your benefits.

Should I Wait to Contact One?

If you have already submitted your SSA application, then you should wait to hire an attorney. Once you have turned in your paperwork, there isn’t anything an attorney can do to help at this time. Just wait things out and see if you get approved or denied.

Once you receive your response from SSA on your first application, then you may want to proceed with contacting an attorney. If you are denied, they can help you appeal the decision.

Consult With a Disability Lawyer

If you have a medical condition that has begun to interfere with your life, making it impossible for you to work and support yourself financially, contacting a disability lawyer before filling out your application is a smart move. You’ll be able to get advice on your case and have an expert walk you through the application process.

With the guidance of an attorney, you’ll be able to gather all of the medical documentation and other paperwork needed to file a successful claim. You can file online or you can mail in an application.

Categories
Legal Social Security Disability

SSDI Commonly Rejected Disabilities

There are many reasons why your Social Security Disability Insurance claim may be denied. In 2015, less than 1/3 of all applications were awarded benefits in 2015. The reasons for denial may be technical or medical. In recent years, technical denials have been increasing, but 20% of all claims still end with a medical denial. Below are 5 common medical conditions that are typically denied SSDI benefits.

Depression

Although depression is the most common, non-fatal medical cause of disability, it is still a rarely accepted condition for benefits and requires evidence of severe impairment. For some, their depression may be so severe that it can inhibit their ability to function in everyday life. This can include family and work activities. The SSA provides a list of symptoms. If an individual with severe depression also experiences at least four of the listed symptoms on a recurring basis, they may be approved for SSDI benefits. However, most cases are not severe enough to qualify someone for disability benefits.

Hypertension

Hypertension, or high blood pressure, is not usually a qualifying disability for SSDI benefits. Even for individuals who perform manual labor and may be more at risk. The primary reason for this is because many cases of hypertension can be controlled with drugs. The drugs lower blood pressure to normal risk levels. Therefore, the impairment is not typically considered severe enough to qualify for SSDI. There may be certain cases that do qualify. For example, if a patient does not respond to treatments or they are unable to take the normally prescribed medication due to other complications.

Impaired Vision

Nearsightedness and farsightedness, while potentially disabling, are both usually correctable with glasses or contact lenses. Therefore, they would not usually qualify for SSDI. However, the causes of vision impairment can vary widely. Certain complications, like severe macular degeneration or other retinal diseases that can’t be improved with corrective lenses, may be awarded SSDI benefits.

Adult Eating Disorders

Adult eating disorders can be a serious affliction, and they affect millions of Americans each year. However, in most cases, adult eating disorders do not qualify for SSDI even though both anorexia and bulimia are listed as disability conditions for those under 18. In some cases, an adult may qualify if their eating disorder causes severe symptoms similar to other qualifying disabilities. For instance, adult eating disorders can cause other problems such as heart failure and arrhythmia, or lead to increased fractures or broken bones. These conditions may allow someone to be awarded benefits. Additionally, someone may qualify for an equal disability listing such as weight loss due to a digestive disorder. However, usually because it is not technically a digestive disorder, it is usually not accepted on its own. It typically requires that the applicant is currently seeking treatment.

Short-term Injuries

One of the main qualifying factors for SSDI is the length of time your disability will last. For example, someone with severe anxiety or depression may qualify for disability because it can be an ongoing disability. On the other hand, an individual with a severe injury, such as a broken neck or spine, may not qualify for disability if they are expected to recover in 12 months or less. Even if the individual was in a hospital for a few months and was unable to attend work, they may not be considered sufficiently disabled to receive benefits.

Categories
Legal Social Security Disability

Social Security Disability FAQ

Navigating the world of Social Security can be confusing and frustrating for anyone. If you are disabled and in need of assistance, it may seem like they have purposely made it difficult for you to get the help you need. Understanding the different programs and knowing if you qualify is an important first step to getting your claim approved.

Q: Do I need SSDI or SSI and what is the difference?

A: Both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are services managed by the Social Security Administration. Both are aimed at helping disabled individuals with financial assistance. However, beyond those similarities, the programs are quite different. SSI was created to help individuals over the age of 65 who have very limited financial assets and may have a difficult time paying for basic necessities due to disability or blindness.

SSDI, on the other hand, is an earned benefit, or entitlement program. It is available to individuals under the age of 65 who are deemed too disabled to work. Because it is an earned benefit, the amount each individual may receive from SSDI is dependent upon their earnings record. In other words, the more income an individual previously earned, the higher their benefit will be. By contrast, SSI is a relatively fixed benefit and may actually be reduced if the recipient receives other income.

Q: Who qualifies for Social Security Disability?

A: Anyone under the 65 who has paid into Social Security for at least 10 years may qualify for SSDI. However, most award recipients are between the ages of 50 and 63. All applicants for SSDI must be sufficiently disabled to prevent them from working. Even in a reduced capacity and the impairment must be expected to last at least 12 months or longer.

As part of the application process, you may be required to submit medical records. These will verify your condition and diagnosis. Certain conditions may automatically qualify you for SSDI, while others may require a more significant review process.

Additionally, anyone who is still able to work in a limited capacity and currently earning over $1,130 per month will not be eligible for SSDI.

Q: How can I make sure my claim is accepted?

A: The acceptance rates for SSDI can vary widely depending on where you live. Nationally, the acceptance rate has decreased almost every year since 2001. The total number of individuals receiving benefits has also been reduced in recent years. Meanwhile, the termination rate for SSDI benefits has increased steadily since 2011.

SSDI applications can be denied for a number of reasons. The most common reason is if the information is entered incorrectly. This can be the result of misunderstanding the question or form. It can also be simply due to the length and time it takes to complete the application. In either case, a small mistake or omission can be the difference between an acceptance or a denial. There are numerous services designed to help you with the application process. They also can hopefully answer any questions you may have along the way. Taking advantage of these services can go a long way to ensuring your claim is accepted.