Getting approved for a Social Security disability claim is no easy feat, given the stringent and specific qualifications required. The Social Security Administration ensures that those given disability benefits are indeed incapacitated or that their disability renders them incapable of doing work; this is why the agency will seek the help of the Disability Determination Service to determine this. Before tapping the services of a trusted Parkersburg, WV social security disability lawyer, know first how courts determine the eligibility of your claim.
What Courts Don’t Consider
In determining a disability claim, it’s not enough that you have an affliction that impairs your everyday life, nor is it enough that your doctor labels you disabled (unless they have made it clear on your medical records). In a disability claim, courts will not decide upon how disabled or incapacitated you might look.
The Social Security Administration defines disability as a condition which prohibits you from doing work that you have been doing before, and the condition is expected to last for at least a year or would result in death. Hence, if your condition doesn’t fit their definition of a disability, then your claim is most probably going to be denied.
What Courts Do Consider
Acquiring disability benefits entails going through a five-step process of disability determination. First, the authorities will want to know if you are currently working or not; if you are working yet you earn less than the allowed level for a substantial gainful activity, they will then determine the severity of your condition. Any impairment should be proven to prohibit you from functioning mentally or physically, and after knowing the severity of your condition, they will then look if your condition meets the listing of impairments. You can see the complete list of approved medical conditions on the Social Security Administration website.
If your condition meets the criteria, the court will then determine whether you can do your prior job or not, and severe medical impairments prohibiting someone from doing their previous job will then meet the final criterion for disability determination. If your disability prevents you from doing any other job available, then your claim is most probably going to be approved.
Going through each step of disability determination can be done with the help of Parkersburg WV social security disability attorneys, like those working with Jan Dils, Attorneys at Law. Such assistance would be particularly useful if you need help in raising special cases; in such scenarios, certain exceptions from the aforementioned conditions can be granted.
Social Security Disability: How SSDI and SSI Claims Are Decided, NOLO
How Social Security Determines Disability —2014, HCV Advocate