A disability is a medically determinable physical or mental impairment that:
This definition of 'disability' hinges on two factors: how severe and permanent the impairment is and how it affects one's ability to work.
Here's a breakdown:
Objective medical evidence must be shown to the SSA regarding your conditions and what is impairing you.
The condition must be severe enough to prevent you from working and expect to last an entire year or be terminal.
This is the crux of the matter. The SSA will decide if your condition substantially limits you from being able to do work you have done in the past or any type of work activity.
Important Note: The SSA maintains a Listing of Impairments, an exhaustive manual on illnesses or disorders that typically would meet their disability qualifications. Unfortunately, having one of these conditions on the listing does not lead to immediate qualification.
Helpful blog: List of impairments
A variety of physical conditions can let you apply for disability benefits. Typical examples are Musculoskeletal, Brain-related Illnesses, Sensory Issues, Different Cancers, Breathing Problems, and Heart-related Illnesses.
Disabling conditions are not limited to physical limitations. A large number of mental health conditions can also be qualifying considerations in disability benefits. Here are some examples:
You should seek legal advice before special medical conditions meet the approval criteria. Consult with medical professionals and legal experts as early as possible to increase your chances of success in your appeal.
Daily life and job may be changed if symptoms are severe and keep happening.
Generalized anxiety disorder, panic disorder, social anxiety disorder, and many others greatly restrict the capability to operate at work, school, or everyday tasks.
When the essential life parts that deal with job and social activities are greatly affected during either a manic or depressive episode.
It is a severe mental disease. Its symptoms can include seeing things that are not there, having false beliefs, thinking confusedly, or all these signs blending. It often happens when someone does not want to work.
When an awful and severe incident dramatically affects a person's everyday life and their ability to do their job.
Even though the most regularly approved type of disability keeps changing over time, muscle and bone issues and problems with mental health stay very high in rank. It is because many people have such conditions and how much they affect a person's ability to work.
Suggestion: What are the most common disabilities
The path towards claiming disability benefits follows a multiphasic process:
Online, by telephone, or in person at your local SSA office, you can apply.
The SSA will assess your application based on your medical records and work history. They may ask for more information or a medical examination.
If you wish to ask for another look at your application, which was not accepted before, it will get another look by a different examiner.
If your application gets turned down, you can ask for reconsideration. In this case, another examiner will look over your application again.
If your claim is denied again after further consideration, you can request a meeting with a judge knowledgeable about administrative laws.
If the judge does not approve your claim, you can appeal to the Social Security Administration's Appeals Council. You can also take your case to a federal court as a final option.
It is tiring and takes up time, so it is advisable to work with an experienced advocate or attorney practicing disability law.
The SSA's Compassionate Allowances (CAL) program provides a faster process for people who have severe, particular diseases. Let’s know how it works:
CAL conditions are presumed to satisfy the definition of disability under SSA and will facilitate fast-tracking any case review. That could cut the wait so much, sometimes shortening it to about a year.
SSA publishes a List of impairments for CAL, which usually include rare diseases, advanced stages of cancer, and severe neurological disorders.
While there is no CAL-specific application, the fact that there is a condition allows a CAL application to be more easily recognized and automatically tagged for expedited review when it arrives at the door.
Remaining eligible for a CAL condition does not automatically result in benefits approval. The SSA still needs to verify your medical condition to ensure you meet other nonmedical requirements for SSI or SSDI.
Additional Considerations:
It is helpful to have a professional attorney or advocate conversing with the CAL during the application process since your medical records may not easily capture the severity of your condition.
Exhaustive medical records that record each step of your condition will prove critical in ordinary and CAL applications.
Understanding which conditions qualify for disability and the SSA's definition of 'disability' is crucial before applying for SSI or SSDI. If the process seems complicated, seeking professional help from the Law Offices of Eric R. Hunt, and understanding programs like Compassionate Allowances, can simplify it and improve your chances of receiving the financial aid you deserve.
Related Read: Steps to take after denial of your disability claims, SSI or SSDI which aid suites best for you
We know how hard it can be to take on the government, particularly if you're chronically ill and in pain. That's why the Law Offices of Eric R. Hunt will always fight doggedly for our clients, offering determined seasoned legal representation to everyone we work with.
We also strive to treat every client with courtesy, honesty, and respect, doing our best to make the legal process as straightforward and calm as possible. We're a locally owned practice, and our client's satisfaction is our number one priority.
Specializing in Social Security
Disability Cases Since 2004
Serving the Inland Empire, including Hemet, Temecula, Palm Springs, and Riverside and San Bernardino counties.
The Staff
Privacy Policy
Do Not Share My Information
Conditions of Use
Notice and Take Down Policy
Website Accessibility Policy
This website is for informational purposes only. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
© 2024 The content on this website is owned by us and our licensors. Do not copy any content (including images) without our consent.