A “person with disability” is defined as an individual with any physical, developmental, or mental condition that limits his or her ability to do certain activities and to interact with other people. The disability may be acquired from birth, work-related accident, or traumatic injury. It is considered an impairment of the body or mind that affects a disabled person’s way of living.
Severe illnesses and injuries such as congestive heart failure, advanced stage of cancer, or late-stage kidney disease can cause a person to become disabled. Some mild chronic diseases might progress over time into a severe state, and eventually become disabling. For instance, an employee who had a mild back injury in the past may be eligible for disability benefits in the future in case his condition will worsen with time due to strenuous work.
The government offers disability programs that assist people with disabilities through the Social Security Administration. There are certain requirements that you need to meet before you qualify for a disability claim. It is important to know if your medical condition is covered and eligible for Social Security disability benefits.
They have a list of specific medical conditions and illnesses that will indicate that you are “disabled”. In case your condition is not included on the list, the Social Security Administration will decide if it can be considered equally severe to any of the medical conditions listed.
Proving a disability is one of the most complicated tasks in filing disability claims. You need to know and follow the given guidelines, seek advice from your doctor, then fill out your paperwork for disability claim accordingly with the help of a reliable Monroe social security disability attorney.
You are lawfully entitled to receive disability benefits if you are proven to have a “medically determinable” physical or mental impairment that prevents you from performing any substantial gainful activity. The disability must last or have persisted for a continuous period of not less than 12 months, or it must be anticipated to result in death.
The main rule concerning disability check is that the reason behind your inability to work shall be considered as “medically determinable”, which means that it must be discovered by a medical professional. You need to have detailed medical records and evidence from your doctors describing your medical condition proving that the disability is anticipated to persist for 12 months, and how it can affect your capability to work. To qualify for social security disability benefits, your medical condition should be serious enough to have a significant interference with your work-related activities.
Your disability must be considered as “lasting”. It means that your condition should have lasted, expected to last for at least 12 months, or may result in death, or else you will not qualify for disability benefits claim no matter how severe your injury or illness is. Even after you start receiving your disability benefits, in case you have recovered sooner than expected and your disability did not last for 12 months, Social Security will not take your disability benefit back.
Social Security Administration will determine if your medical conditions interfere with performing any “substantial gainful activity”. If you are presently working and if your average monthly income is more than $1,300, you cannot be considered disabled. Factors such as education, age, work experience, training, and the possibility of working for a different work position shall be considered by Social Security during the evaluation. If you can work a different job that fits your limitations, then your claim will be denied. In contrast, if you cannot adjust to a different job because of certain qualifying factors, then your disability claim can be approved. A competent Monroe social security disability attorney can help you assess your entitlement for disability benefits and increase the success rate of approval.
The total amount of your disability benefits will be based on your average income throughout your working years. If you are presently earning less than before due to your disability, it could affect your average income to become lower, which might lead to a lower Social Security benefit. However, if your disability causes you to work for lower wages, Social Security can implement a “disability freeze” on your income record. A “disability freeze” allows you to continue working on a lower wage without affecting your lifetime average income.
Adapting to life with a long-term disability will never be easy; however, there are various ways on how to overcome limitations and challenges. It is important to know the guidelines and qualifications in applying for disability benefits from Social Security. For legal help in filing for disability benefits, do not hesitate to contact our experienced Monroe social security disability lawyers at E. Orum Young Law Firm. Our lawyers are always ready to provide legal assistance as you apply for Social Security disability benefits and guide you throughout the process.
