The Social Security Disability system in the United States is designed to provide financial assistance to individuals who cannot work due to a severe medical condition. However, applying for and receiving benefits is often complex and arduous. This guide aims to provide a comprehensive overview of the system, including eligibility requirements, the application process, potential roadblocks, and tips for maximizing your chances of success.
Can I collect Social Security Disability Benefits?
To qualify for Social Security Disability benefits, you must meet the following criteria:
Have a qualifying disability:
In order to be eligible for SSD, a person must have a medical condition that SSA would deem disability under its definition of disability. In layman’s terms, this means that your condition must be so limited that it would not allow you to do any kind of work and should be expected to continue for a twelve-month period or be terminal.
Meet the work requirements (for SSDI):
To be eligible for SSDI, you have to have worked and, more importantly, have become disabled recently enough to qualify for it. In general, you must have earned 40 credits during the 10 years out of the last 10 years before your disability began.
Have limited income and resources (for SSI):
In addition, to be eligible for SSI you cannot have more than $2000 in assets or $3000 for couples. These benefits are supposed to help people with low income or resources who are blind, disabled or aged.
List of the Generally Accepted Disability Criteria for SSD
There is a Blue Book listing at SSA, in which there are various medical conditions that, if diagnosed and meet particular requirements, will guarantee a person disability benefits. Some common qualifying conditions include:
Musculoskeletal disorders:
Others are conditions in spinal disorders, joint disorders and soft tissue injuries that we know can result in excruciating pain, immobility and disability.
Cardiovascular conditions:
Chest pains, heart attack, diseases of the vessels of the heart, artery diseases and more.
Mental disorders:
MDD, anxiety, and other psychiatric conditions, including those that can lead to functional disability.
Neurological disorders:
Neurological disorders, illnesses of the nervous system including multiple sclerosis, Parkinson’s illness, epilepsy, etc.
Respiratory disorders:
Asthma, a chronic obstructive pulmonary disease (COPD), and other respiratory disorders may lead to shortness of breath and low lung function.
Cancer:
Different forms of cancer may lead to severe complications such as persistent pain, fatigue and physical dysfunction.
Disabled Persons’ Social Security Application Process
It takes at least several months or even years to receive the benefits of Social Security Disability when applying for them. Here’s a general overview of the process:
Gather necessary documentation:
Document all medical reports, diagnostic tests, prescriptions, or any other evidence of your disability, and gather all doctor’s statements or other evidence of your disability.
Complete the application:
Complete the application forms and state information concerning your health or disability, employment experience, and the means of testing the income of your household.
Initial review:
The SSA will consider your application as well as the accompanying documents that should present your basic qualifications for the program.
Reconsideration:
However, if your application is rejected in the first round, you can ask for review again. Later on, the SSA will consider the evidence you may provide and reset your claim.
Hearing:
If your application is not approved at the reconsideration level, you can request a hearing before an ALJ. You may be accompanied by counsel at this stage.
Appeals Council review:
In case your claim is denied by the administrative law judge, the next level is to appeal to the Appeals Council.
Federal court review:
In most cases, if the Appeals Council denies a Social Security disability claim or if one is dissatisfied with the Appeals Council’s decision, then one can sue in federal court.
The causes of Social Security Disability denial
Most SSD applications do not receive approval on the first try. Some common reasons for denial include:
Lack of medical evidence:
The SSA may deny your application if the amount and quality of the medical reports presented to him or her do not justify your claim of disability.
Failure to meet the SSA’s definition of disability:
Your symptoms may not be sufficiently severe to meet SSA’s definition of disabled, or the SSA may decide that your condition does not fit into any of the specs provided in the Blue Book.
Insufficient work history (for SSDI):
You may lack work credits in the previous ten-year period before your disability onset to make a claim for SSDI.
Excess income or resources (for SSI):
It may be the case that your income as well as resources are way above the SSA prescribed threshold for SSI benefits.
Failure to follow treatment:
If you have not complied with the instructions of your attending physician, your application may be turned down.
Failure to cooperate with the SSA:
If you fail to cooperate with the SSA and complete the forms required during the application and appeals process, your claim will be denied.
Ways To Improve Your Approval Opportunities
While the Social Security Disability application process can be daunting, there are steps you can take to increase your chances of approval:
Consult with an expert social security lawyer:
An expert social security lawyer in Michigan can assist an applicant in completing the application and appeals forms, collect vital evidence, and plead a case.
Gather comprehensive medical evidence:
As with any disability claim, always include your complete and detailed medical records, laboratory test results and statements from your physicians.
Be honest and accurate:
Provide true data on your health state, employment history and finances. Such actions lead to a denial of your claim or even lead to criminal prosecution.
Follow your doctor’s treatment plan:
Compliance with the treatment regime prescribed by your doctor can also help to prove the extent of impairment of your ability to work.
Keep detailed records:
It is also important that you document all medical appointments, treatment plans and symptoms or restrictions that prove you are disabled.
Be patient and persistent:
There are a few things that must be understood about applying for Social Security Disability: the process can take several months to years, and patience is crucial, and one needs to be persistent.
The services of a Social Security Disability Lawyer
Having a Social Security Disability lawyer can be particularly beneficial when filing an application, as well as through each stage of the appeals process. They can provide a range of services, including:
Evaluating your eligibility:
Of course, an experienced Social Security Disability lawyer will be able to tell you whether or not you qualify for benefits and how to go about it.
Gathering and submitting evidence:
The Disability Claim can provide all the medical evidence and other documents that your attorney will need to support your disability claim.
Completing and filing your application:
Your lawyer can also prepare and submit the application for you to make certain that all the information highlighted therein is correct and comprehensive.
Representing you at hearings and appeals:
Your Social Security Disability lawyer will be able to defend your case through hearings before administrative law judges and in appeals; he or she will be commanding a persuasive voice for your case and produce evidence to back it.
Negotiating with the SSA:
Your lawyer can talk to the SSA on your behalf, trying to come up with a beneficial decision regarding your case.
Choosing the Best Social Security Disability Lawyer
Selecting the right attorney who practices Social Security Disability is very vital in your case. Here are some factors to consider when selecting an attorney:
Experience:
Choose a lawyer who has worked with Social Security Disability because he is good at knowing the various movements involved.
Success rate:
In particular, one should seek out an attorney who has had a high degree of success with SSD cases since this normally implies that the attorney will be very helpful to the client.
Communication:
Choose someone who is going to keep you in the loop about the development of your cases and other coming things.
Comfort level:
Select a person you can work with effectively, for you will need to do many things for your lawyer throughout the process.
Conclusion
Living with one or multiple forms of disability poses lots of difficulties both in terms of the body and pockets. A Social Security Disability lawyer also helps to improve the chances of getting a favorable decision. It is very important to select a proper and capable lawyer and not despair with the process. But with the right help, you can find your way through the Social Security Disability system and get the help you need financially during this difficult time.
