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No matter how old you are, a medical condition can significantly impact your ability to live and function. When a disease is long-term, it might limit your abilities and lead to other limitations. Many people find it difficult to work full-time while maintaining their regular daily routines after being diagnosed with a serious medical condition. Critical medical problems can result in long-term or short-term disability in about one in four individuals.
The percentage of people living with a disability is continually rising because of unhealthy lifestyles and age-related concerns. This increase is likely to continue in the coming years.
If you cannot work due to physical or mental illness, you may be eligible for social security disability benefits. There are two programs available through the Social Security Administration (SSA):
This disability program is available to individuals who have previously worked and paid certain taxes. It is a federal initiative funded by deductions from individual payroll taxes. As a result, people with a qualifying work history may be entitled to receive benefits from the program.
Before you begin the application, you should be familiar with the differences between SSDI and SSI. The SSI program does not consider work history and qualifications for eligibility purposes. It will only consider the applicant’s income, resources, and other assets and certain members of his or her family. Only those who have limited assets and income resources will be eligible for this program.
A Social Security Disability Attorney is familiar with the process and can guide you through each step. He or she will also be able to help you gather the necessary medical evidence and other documentation to support your claim. In some cases, an attorney may also be able to represent you at a hearing before a judge.
The SSA will employ medical experts and claim examiners to determine your disability and medical condition. Even if your doctor has advised you not to work, the SSA will not give you SSD benefits unless you meet their criteria. An attorney can assist you in determining what these various SSA qualification requirements are and how to best present your documentation.
It can be difficult to navigate the SSD process on your own. The government has a strict definition of what it considers to be disabled. The SSA will not give you benefits unless you meet this definition. The Americans with Disabilities Act (ADA) defines a disability as an inability to engage in any “substantial, gainful activity” for at least 12 months due to a physical or mental health condition.
This is a broad definition, and it can be difficult to know whether or not you meet it. An experienced Social Security Disability lawyer can also help you understand whether your medical condition meets the SSA’s definition of a disability.
Your condition must also be expected to last at least 12 months or result in death. The SSA will review your medical records to determine whether your condition is long-term. If your records do not show that your condition will last at least 12 months, the SSA may deny your claim.
Your medical records must also show that your condition prevents you from doing any “substantial, gainful activity.” The SSA will consider your age, education, past work experience, and any transferable skills you may have when making this determination.
The Social Security Administration will evaluate your condition based on how serious and disabling it is. The SSA has certified and classified a variety of ailments as severe. The SSA’s Blue Book of medical impairments details the criteria that must be met to qualify for disability benefits, such as the degree of your illness.
The Blue Book can help you understand your condition is severe enough to qualify. The SSA defines a medical disability as “extremely debilitating” and “long-lasting.” To qualify for Social Security Disability compensation, a medical disability must have been severe and long-lasting for at least 12 months.
The SSA requires medical evidence to support your claim. It is important to keep track of your medical appointments, treatments, and test results. Be sure to ask your doctor for copies of your records if you do not already have them. You must submit these records to the SSA when you apply for benefits. One of the causes for many applications being denied is a lack of medical evidence.
Your medical records must show that you have a severe, long-lasting condition that prevents you from working. The SSA will not give you benefits if your records do not show this.
If you have been denied SSD benefits, an attorney can help you file an appeal. The appeals process can be complex and confusing. An attorney can help you navigate the appeals process and give you the best chance of winning your appeal.
The Social Security Administration will also consider non-medical criteria to determine whether you qualify. You may qualify for Social Security Disability benefits when your requirements are satisfied.
For instance, you will be considered for SSDI benefits only if you have paid into the Social Security fund through payroll taxes. The years you have paid into the fund will determine whether you qualify.
In addition, you must have a certain amount of “work credits” to qualify for SSDI. The number of work credits you need will depend on your age.
Social security disability claim examiners will evaluate your income and assets for SSI applications. If you have too much money in the bank or make too much money from working, you will not qualify for SSI.
An experienced Social Security Disability lawyer can help you understand the requirements for SSD and SSI benefits and can help you gather the evidence you need to support your claim.
If you are filing for SSD or SSI benefits, you will need to gather and retain a lot of paperwork in the months and years leading up to your application. These documents may help prove your case and increase the compensation you receive through disability benefits.
You will have to gather information from your medical providers, employers, educators, and others that can shed light on your condition and functional capabilities. This evidence will be included in the documentation process to support your application.
Among this evidence might be recorded from sources, such as:
Aside from medical records, businesses and social services agencies may have a variety of papers that might contain critical information, such as:
You should keep records ready to ensure you don’t miss out on anything when applying for social security disability benefits. It is important to have an attorney to help you with this process as they know what type of evidence is required and how to obtain it.
Millions of applications are submitted yearly to the Social Security Administration, and many are rejected for various reasons. Some of them are denied because of incomplete or inaccurate information. If you have been turned down for a social security disability application, it may make sense to appeal rather than reapply. A social security disability lawyer can help you through the appeals process by reviewing your initial application.
The initial stage of the SSD application process is known as the “reconsideration” phase. You can appeal the decision if your application is denied at this stage. At this point, you have 60 days to request an appeal. The next stage of the appeal is known as a hearing.
At the hearing, you will appear before an administrative law judge (ALJ). The ALJ will consider your case and decide whether you are eligible for SSD benefits. If the ALJ denies your claim, you can appeal the decision to the Social Security Administration’s Appeals Council.
If the Appeals Council denies your claim, you can file a lawsuit in federal court. An experienced SSD lawyer can help you navigate the appeals process and give you the best chance of success at each stage.
If you or someone close to you has a disability, you might wish to seek the advice of an experienced disability law firm like Chermol & Fishman, LLC. Our disability lawyers are efficient and experienced in handling these types of cases. Schedule a free case evaluation and discuss your case.
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