Strategy is an important part of any case, even a seemingly cut and dry disability case. If you’re thinking about applying for disability benefits, or any other form of benefits through Social Security, there are a few strategies to keep in mind. Use these strategies and you’ll have a better chance at succeeding with the case.
What Qualifies as “Disability”?
In order to be considered for Social Security benefits for your disability, your case has to meet the definition provided by the Social Security Administration. According to the Administration, disability is based on your inability to do work, and must be total disability. Unlike other programs, the Social Security Administration only pays for total disability, not partial or short-term.
So what qualifies? Well, for a more specific definition, the SSA website explains that you must not be able to do work that you did before, or you cannot adjust to your work due to medical conditions to be
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If you are working in the current year that you apply for disability and earn more than $1,130 per month on average, you will not be considered for disability benefits. Judging from how much your are able to work, the SSA will then look at the severity of your disability and whether it falls under the list of disabling conditions. If your condition is listed, it automatically means your case is severe enough to be considered disabled. Then, depending on how severe your condition is, the Administration looks at whether you can complete the same amount of work you did previously. If your disability interferes with your work, then you can still be considered. Lastly, they look at whether you can adjust to other types of work. If so, then your application will be
Having a physical disability may effect a persons ability to work and therefore they would need income support and “out
In order to pay worker with disabilities below the federal minimum wage employers must first obtain a special minimum wage certificate from the Wage and Hour Division of the U.S. Department of Labor, which can be done online. The U.S. Department of Labor defines a person with a disability as “one whose earning or productive capacity is impaired by a physical or mental disability, including those relating to age or injury.” So essentially, the law states that the worth of a person with a disability is determined by how many shirts they can hang in one minute.
We have all experienced a day when physical or mental exhaustion has seemed to consume the whole of our body, making us feel incapable of performing simple activities such as getting out of bed, taking a shower, etc. Now, imagine being forced to cope with this on a daily basis. Millions of Americans suffer disabilities, both physical as well as mental that prevent them from performing normal day-to-day activities, one of which includes working. “The Social Security Administration (SSA) defines disability in terms of ability to work,” so why has there been an increasing amount of individuals denied disability benefits without personally meeting with an examiner. This along with the fact that there is a steady 2.5 million new applications
This is partly because other disability programs have more stringent rules on what substantiates a compensable disability, and they place higher limits on employments for recipients.
f) disability benefits under the United States Social Security Act . . .or similar plan or act that the Insured Person or, the Insured Person’s spouse and children are entitled to receive because of the Insured Person’s disability.
If your initial application was denied for medical reasons, you can submit your Request for Reconsideration online. After you submit your request, SSA will review (reconsider) your claim again and they will also obtain copies of any additional
The eligibility of social security requirements varies depending on the situation. The specific eligibility requirements for Social Security benefits depend on the type of benefits, the age of the person filing the claim and, if the person is a dependent or survivor. To first be able to qualify for social security benefits, the individual must have worked in jobs that are covered by Social Security. The individual will pay into the system over the amount of times that they were employed. This means that the worker must have earned enough of what Social Security calls "work credits" by the time he or she claims retirement benefits. To be qualified for full retirement benefits, the individual must be in between the ages of 62 and 70 to start
Disability insurance could be extremely helpful for you if you are unable to work to provide for your family for a period of time. Here are five reasons why you may need it someday:
(Brennan 2013, p.68-69) Disability, under Social Security law, is based on your inability to work. You will meet the Social Security definition of disability if SSA finds that you cannot do the work you did before; you cannot adjust to other work because of your medical condition(s); and your disability has lasted or is expected to last for at least one year or result in death. This is a strict definition of disability. (Brennan 2013, p.68-69) With the way that the current laws and policies are defined it creates a burden to those that do not fit in the narrow box created.
Supplemental social security income benefits (SSI) are disability benefits that are received based on the recipient’s financial need, not earnings history. In order to receive SSI, you must be 65 years of age or older, blind or disabled, earn little to no income and have few, if any, financial resources.
Irritable Bowel Syndorme (IBS) and Ulcerative Colitis are not presently included in SSA’s listings of impairments, but you can be approved for benefits if you prove that it disrupts your life enough to keep you from working a full time job.
Kidney failure is evaluated by the Social Security Administration according to its genitourinary impairments listings. If there is completion of a kidney transplant, serious complications caused from kidney disease, a need for regular dialysis, nephrotic syndrome, or a combination of reduced glomerular filtration and symptoms of damage, disability benefits will be approved to the patient.
Disability has many forms. According to Brazenor (2002), ‘a disability is defined as any limitation, restriction, impairment … has lasted or is likely to last six months.’ Loudoun, McPhail & Wilkinson (2009) also indicated that the unemployment rate
This might sound a little extreme, but your chances of winning your social security disability hearing will greatly improve with more evidence. While you don't need a lot of witnesses, one or two can increase your odds of winning. So if you have a live-in friend or family member, ask them to testify about your difficulty with certain tasks. If you are still working, you could also have a co-worker testify about your daily struggles at work.
“For purposes of nondiscrimination laws (e.g. the Americans with Disabilities Act, Section 503 of the Rehabilitation Act of 1973 and Section 188 of the Workforce Investment Act), a person with a disability is generally defined as someone who (1) has a physical or mental impairment that substantially limits one or more "major life activities," (2) has a record of such an impairment, or (3) is regarded as having such an