How Can the SSA Determine Your Disability
1. Are You Working?
This question is asked by the SSA to find out how much income you can earn through a job. Once you can do what is called “substantial gainful activity” (SGA), you’re not deemed disabled and you’re not entitled to any benefits.
The SSA evaluates your monthly earnings to find out if it exceeds the highest income limit. If this is the case, you will be engaging in SGA and this will bar you from getting benefits.
The national wage index is used by Federal regulations to determine the yearly earning limits. The SSA’s benefit planner can help to ascertain the amount of money you can earn from work and yet still be eligible for SSDI benefits.
The SSDI program does not place a limit on the amount you can get from working, neither your assets. Moreover, any income earned by your spouse will not influence your eligibility.
2. How Severe Is Your Condition?
To be eligible for SSDI benefits, your condition must greatly affect your ability to do simple activities required in most job areas, such as walking, lifting, standing and recalling instructions.
If your condition is preventing you from completing these activities for at least a year, the claims inspector will move to the next question. If not, they will decide that you’re not disabled.
3. Is Your Condition Registered on The Disabling Condition List?
The SSA usually examines your capability to work irrespective of the condition you’re claiming. Nevertheless, they have a list of confirmed medical conditions that are so severe that automatically deprives someone of the ability to work.
Once the list does not contain the condition you state, the SSA will most likely automatically consider you disabled. If your stated condition is not on the list, the examiner will determine if it can be compared with any condition on the list. Once disability status is undecided, the SSA will go the next question.
4. Can You Continue Working as You Did Before?
To be eligible for SSDI benefits, your condition must greatly affect your ability to do simple activities required in most job areas, such as walking, lifting, standing and recalling instructions.
If your condition is preventing you from completing these activities for at least a year, the claims inspector will move to the next question. If not, they will decide that you’re not disabled.
5. Are You Capable of Doing Other Types of Work?
The SSA usually examines your capability to work irrespective of the condition you’re claiming. Nevertheless, they have a list of confirmed medical conditions that are so severe that automatically deprives someone of the ability to work.
Once the list does not contain the condition you state, the SSA will most likely automatically consider you disabled. If your stated condition is not on the list, the examiner will determine if it can be compared with any condition on the list. Once disability status is undecided, the SSA will go the next question.
Knight Disability- Wyoming’s Social Security lawyer
William Knight is a veteran disability lawyer in Wyoming, representing clients in Casper area. To have William Knight review your case, please call 307-235-5050 or complete a contact form to arrange a free consultation.
What Happens If Your Claim is Turned Down?
Meeting all the above requirements does not mean that you will be successful. The tedious procedure involved in the application for disability benefits, claims are usually denied at the early stage. Many persons become frustrated when their application is denied at the early stage, but this not final, you can still receive benefits.
Of the multitude of Americans who apply for disability benefits each year, some claims are found to be have been fraudulent or misleading. To identify these deceptive tries, the SSA rejects any claim that appears to be deceptive.
The Disability Determination Services (DDS) is a state-run agency like the SSA is precise in their review procedure of SSDI claims. Any application that is not filled out correctly or does not have the proper medical evidence or has missing paperwork, will be rejected. Although this can happen, you should understand that you may have other options.
What to Expect When Appealing A Denied Claim?
If you make a claim for SSDI and was denied, you can appeal the SSA’s decision. This appeal process has helped many applicants who were denied at first to get disability benefits.
When disability claims are rejected due to missing information this can be rectified if the individual can submit the missing information, for example medical evidence. If you submit the proper documents from your doctor during the appeal, your claim can go through. However, it may not be that simple.
If your claim is rejected, you need to talk to a Social Security disability lawyer. Since there are many reasons that can influence a SSDI denial, a legal professional is your best option. A lawyer who understands the system can go over your claim and find out exactly why it was rejected.
When you appeal a denied claim, you’re really requesting the SSA to re-examine its decision. Here is what to expect if you are thinking of appealing the denied benefits:
A lawyer is Your Best Resource Whether you are applying for SSDI for the first time or you would like to start the appeal process, an attorney will be a valuable resource. From preparing your claim for success to coordinating with the SSA on your behalf, hiring an attorney will give you the best chance of receiving the benefits you deserve. The sole focus of the Law Office of William Knight is to assist clients all over Wyoming with their application and appeals to SSDI and/or SSI. By utilizing our wide-ranging experience and knowledge, we can duly represent you and minimize the difficultly usually associated with getting SSDI benefits. Attorney William Knight’s extensive experience in Social Security Disability provides him with the resources that can help you obtain disability benefits. He understands the frustration that usually comes with denied claims when requesting SSDI benefits. His sole desire is to help disabled clients in Wyoming to get the needed benefits so they can take care of their everyday necessities. William Knight will assist you through every stage with the Social Security Administration.
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Request for Reconsideration:
Once you receive a denial, your lawyer can file a request for reconsideration with the SSA. A new claims examiner will evaluate your application by considering any new evidence or documents submitted by you or your lawyer.
Hearing:
If your request for a review is denied, you probably can ask for a hearing in the presence of an administrative law judge (ALJ). Having an experienced attorney present at this stage of the appeal process is your best option. The lawyer can coach you for the hearing, quiz expert witnesses to confirm your claim and make a strong case on your behalf.
HAVE YOU BEEN DENIED SOCIAL SECURITY DISABILITY?
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