The Social Security Administration defines disability as a physical or mental impairment that is medically determinable; meaning a physician can diagnose and explain the limitations of the condition. The Social Security disability requirements to qualify for benefits indicate that the impairment must be lasting and significant enough to prevent any substantially gainful employment.
Do you have a disability preventing you from earning a living wage? If so, you may qualify to receive benefits from Social Security Disability Insurance. The four questions below will help you evaluate if you may qualify.
1. Are you currently unemployed or unable to work?
If you are working and earning an average of $1,300 or more per month you likely will not qualify for Social Security Disability Insurance. This is the earnings threshold for gainful employment, as determined by the Social Security Administration.
If you are not employed, the Social Security Administration must evaluate if your condition is too severe to return to a similar position to the one you most recently held. If you are unable to return to a similar position, then they must ask, are you able to do any other type of work? The Administration will look at your transferrable skills from previous employment and evaluate these in tandem with your physical and mental capabilities. If you can reasonably retain work in a different position, then you’re Social Security disability claim will be denied.
2. Is your condition severe enough to limit your ability to complete work-related tasks?
Your impairment must be significant enough to prevent you from accomplishing the basic requirements of your job. The Social Security Administration will not determine you to be disabled if you can reasonably complete work-related tasks.
3. Are the effects of your disability lasting?
If you are likely to recover from your medical condition in a short amount of time, your Social Security disability claim will not be approved. To qualify for Social Security benefits your disability must be expected to last, or already have lasted, 12 months or more, or to result in death.
4. Does the Social Security Administration recognize your medical condition as a qualifying disability?
A list of medical conditions that automatically qualify you for Social Security benefits is maintained by the Social Security Administration. If your condition is not already recognized, then the Administration will have to evaluate your condition in comparison with those already listed. If your condition is considered to be as severe, then your Social Security disability claim should be approved.
If you answered yes to the above questions, and have been denied disability benefits, you should seek the guidance of a Social Security disability lawyer right away. A skilled SSD lawyer will evaluate your circumstances and help you build a case for appeal.
CJ Henry Law Firm, PLLC, and SSDI
Attorney Henry of CJ Henry Law Firm PLLC is a knowledgeable SSDI Disability Attorney who works tirelessly to help her clients through the Social Security Disability Insurance claims process. She can advocate for your needs through every step of the process.
If you have already filed a Social Security Disability Claim and have been denied, Attorney Henry will fight for your rights. She knows the legal intricacies of disability law, and, with the help of her medical background, she can help build a strong case for your appeal.