Social Security Disability Benefits Publications

Am I Disabled? This is a question many people ask themselves. They feel as though they are unable to work, so they should be considered disabled, right? Sadly, that is not how the process works. However, here are some guidelines to help you make your decision:

First, are you currently working right now? The Social Security Administration has a rule that states if you are engaging in “substantial gainful activity,” then you are not disabled. To make this very easy, if you are not blind and make more than $1,130.00 each month, then you will not be considered disabled. Now, the determination of substantial gainful activity is actually more complicated than this, but the easiest way to make the first decision as to whether or not you are disabled is to look at your gross earnings each month.

My doctor says I am disabled, then why did Social Security deny my disability claim?
Believe it or not, your doctor cannot make a determination that you are disabled. Disability is a legal determination reserved solely to the Social Security Administration. However, there are some things your doctor can do to help you better show to the Social Security Administration that you are incapable of working.

How Disabled to Qualify For Social Security Disability Benefits?
First and foremost, you do not have to be bedridden to qualify for Social Security disability benefits. However, here are some general rules to help you decide whether or not you should apply for disability: First, there are two ways in which the Social Security Administration will first look to see whether or not you can qualify for benefits. Social Security keeps a medical listing for almost all physical and mental impairments. If you can meet the definition of your condition, then you will likely qualify for benefits. But, to meet the definition of your impairment is oftentimes very difficult, so the Administration will look to the Medical-Vocation Guidelines to see if you can qualify as well.

Common Problems Filing For Social Security Disability Benefits.
Here are some common problems I see Claimants make as they attempt to file for and receive Social Security disability benefits:

First, you need to decide whether or not you want to use a Social Security disability attorney. If you choose to file your application yourself, then make a plan to continue doing so until the application is completely filed. Do not stop half-way through the online application and not return to finish. The Social Security Administration has an online checklist you can review before filing so a person will be completely prepared for what information will be required.

Do You Have To Stop Working To Qualify For SSD Benefits?
The hard and fast rule is that if a claimant is working at “substantial gainful activity,” no matter how disabled that person is, he or she will automatically be denied disability benefits. So, the question is, what is “substantial gainful activity?” Well, to make matters more confusing, work which is considered substantial gainful activity must be both substantial and gainful.

What to Expect After Filing For Social Security Disability Benefits.
One of the reasons why claimants use an experienced Social Security disability attorney to initially file for benefits is that they are uncertain in regards to what steps to actually take to not only begin the process but what occurs after doing so. First, before we ever file online for disability benefits for a client, we ask that they review the Checklist for Online Adult Disability Application given by the Social Security Administration. It is important that each claimant be prepared to provide the necessary medical information and work history so the Administration can properly evaluate their disability claim. If a claimant fails to properly provide such information accurately, it is likely their case will receive a quick denial.

Age is a Factor in Social Security Disability Cases.
Yes, age is a factor in most social security disability claims. Social Security looks at age as a significant factor if the disease or medical condition of the claimant does not meet one of the medical criteria. At the age of fifty, the bar is lowered for a claimant to qualify for benefits. The bar is lowered further at the age of fifty-five. At age 55 to 60, vocational adjustment is another regulation that offers guidance that further eases the burden of proof.

How To Improve Your Chances of Winning Your Social Security Disability Case.
As a disability attorney, I am often asked how to improve one’s chances of being successful when filing for Social Security disability. While each case and a claimant’s medical conditions are unique, there are some steps a person can take to increase his or her odds of success. First, and likely the most important, is making sure you have adequate medical records to show you suffer from a physical or mental impairment. In order for the Social Security Administration to award benefits, there must be a documented medical condition or conditions from an approved source. Many claimants do not understand this and essentially secure for themselves a denial before they even get started. I cannot stress this enough, you must have medical records sufficient to show you are disabled. Without them, the Administration will likely issue a denial.

The Five Steps of Disability Determination
About Disability Determination by the Social Security Administration. Believe it not, your doctor cannot make your disability determination. That is whether or not you are disabled. In fact, the Social Security Administration has its own set of five distinct steps for disability determination. If you are unable to progress through these sequential evaluations successfully, then you will be found to be not disabled. What this ultimately means, is that the Social Security Administration believes there are jobs still out in the economy you are capable of doing despite your physical or mental limitations.

At times, this is very hard for claimants to not only understand but accept. They feel as though they are too ill or impaired to work a full-time job. However, it can be very frustrating to have someone tell you that you are capable of working at a job you’ve never heard of. And that is just what the Administration will tell you if you are not successful at one of the five steps along the way in determining whether a person is disabled.

Always Tell The Truth When Filing For Social Security Disability.
When you apply for Social Security disability benefits, the Social Security Administration (SSA) schedules an in-person or telephone interview. The Social Security disability interview allows the SSA to gather additional information about your disability to make a decision regarding your claim. The representative might instruct you to bring specific documents to the interview. You might also receive a letter instructing you to bring specific items.