What does the Social Security Administration mean by the term "disability"?A person is disabled under SSDI or SSI in one of the following situations: 1) They have a condition that meets the criteria in something known as the blue book disability listings or 2) a review of their job skills, age, and education, and medical records shows that they cannot do their past work and cannot do other work. Any, I repeat, any medical condition can potentially result in getting approved for disability. That is because SSA is not focused on having a particular diagnosed condition, but, instead, focuses on the severity of the condition, i.e. does it cause physical or mental limitations that reduce your ability to perform work activity? The actual definition of disability states you must have a serious medical impairment that is serious enough to keep you from working and earning a substantial and gainful income for at least one year. Mind you, the SSA definition of disability does not say that you have to be out of work for a year before you apply and potentially get approved for disability benefits. It says that your condition must be severe enough to keep you from working and earning a certain level of income for at least a year. And'that amount of time does not have to pass by before you actually file your claim. More on What is considered a disability by Social Security? What is the level of income we are talking about? It is referred to as SGA, or substantial gainful activity. It is an income limit that a person has to be under in order to be considered eligible to receive disability. How does a person prove that their case meets the Social Security definition of disability, and how do they win? The truth is, most cases will be denied at the application level. Nationally, it is thought that 77 percent of all applications for disability are denied. Meaning that 23 percent are approved. In North Carolina, for example, historically it has been true that about 30 percent of claims are approved, which may be significantly higher than the current national average. A person who is denied on their initial claim, but still ultimately wins, will typically be the person who 1) does not give up on their claim, 2) appeals when the case is denied, 3) pursues their claim to the level of an ALJ (administrative law judge) disability hearing, and 4) most importantly, makes sure that the case is well-prepared and properly presented to the judge at the hearing. At the hearing level, federal Social Security judges usually give much more consideration to statements provided by disability attorneys and representatives. And this is why representatives make a strong effort to obtain such statements from a claimant's treating physician. Also, while at the disability application and reconsideration levels, all of the evidence gathering is done by disability examiners, at the hearing level a represented claimant will be responsible (meaning their representative will be responsible) for gathering all of a claimant's updated medical records and submitting this information to the judge in the case. Most importantly, though, at a hearing the primary difference will be that, unlike a disability application or reconsideration appeal, a claimant and their representative will actually appear before the decision-maker (the judge) and present a case for approval. At the first two levels of the system, this is not possible. Claimants are simply reduced to being case files and, no doubt, this makes it easier for their cases to be casually denied. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: How long does a Disability Claim take in North Carolina? How long does it take to file for disability? How much does Social Security permanent disability pay? How much back pay will I get for SSI? How to get approved for disability, SSDI, SSI Improving the chances to get approved for disability Will I be approved for disability on my appeal? How long will it take to be approved for SSD or SSI? Does Social Security approve a disability application the first time? What you should know about social security attorneys Will I be approved for disability without a hearing? |
