![]() SSDRC What is the Application Process for Social Security Disability and SSI? How do you Win Benefits under Social Security Disability or SSI? If I am determined disabled, how far back will Social Security pay benefits? How do you prove your disability case if you have a mental condition? What Can I Do to Improve My Chances of Winning Disability Benefits Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits How to File for Disability - Tips for Filing If You Get Approved For SSDI Will You Also Get Medicare? How much does a Social Security disability attorney get paid? Social Security Disability SSI Criteria and the Evaluation Process How long does it take to be approved for SSI or Social Security disability? What do you Need to Prove to Qualify for Disability Benefits? Social Security Disability SSI and Fibromyalgia Social Security Disability SSI and Degenerative Disc Disease Can I Qualify For Disability and Receive Benefits based on Depression? Answers to questions about SSD and SSI disability What Disabilities Qualify for SSI and Social Security Disability Benefits? Social Security Disability Status Social Security Disability Tips — how a claim gets worked on Social Security Disability, SSI Disability - Terms, Definitions, Concepts |
How will Social Security Determine if you get Disability Benefits?How to prove you are disabled and win disability benefits When the social security administration assesses one's eligibility for disability benefits, it doesn't look so much at the condition, but, instead, at the functional limitations that are caused by the condition. After those functional limitations (which can be mental or physical or both) are rated on something known as an RFC, or residual functional capacity, form, then the limitations are viewed against the requirements of whatever past work the claimant did. If the decision is made that the claimant cannot return to their past work, then the decision is made as to whether or not they can do some type of other work. Again, the claimant's rated mental or physical limitations are used to make the decision. However, in the case of deciding whether or not a person can do other work, the social security administration (meaning a disability examiner if the case is at the disability application or reconsideration appeal,or an administrative law judge if the case is at the disability hearing level) will also consider various factors which will, logically, have an impact on a person's ability to switch off to new employment, such as how old they are, their level of education, and the level of their job skills, taking into consideration if those skills will transfer to other types of jobs. The decision on a disability claim boils down to what a person can do--or can no longer do. Though we usually refer to the decisons issued by judges and examiners as medical decisions, this is really just half of the explanation because the decision is really medical and vocational in nature. This is because the fundamental question is: Can the person still work? And the subsets to this are: Can they still do one of their old jobs? If not, can they can do some other job? This is exactly why the condition you have is not the most important thing. It is really the effect the condition has on your ability to work. And this is measured by -- 1. Reviewing your medical records to see how limited you are. 2. Reviewing your work history to see what you did in the past, and what skills you have. The process is actually pretty plain, but what you need to do is make sure that SSA has access to all your medical records. Be sure to give them all your medical treatment sources. That includes your current ones and older ones. This is because SSA needs to determine if you are currently disabled, but they also need to determine how far back your disability goes so that they can determine how much disability back pay you may be eligible to receive. Also, be sure to give them good descriptions of your past jobs, including job titles and explanations of what you did on the job. This is because SSA will try to identify your job and use the information in the federal database (currently the DOT, or dictionary of occupational titles) to understand what you did on your job. Obviously, this information will be used to see if you have the physical and mental capability of going back to your old employment, or have the skills to do something else. Repeat: giving social security an accurate and detailed description of your past work is very important as it can help you get approved sooner versus later. In actuality, there are many many disability cases that drag on needlessly for many months simply because a claimant did not supply the information that could have helped a decision maker on a case approve the claim. And, in reality, this is sometimes the chief benefit of having representation on a social security claim. A good representative will help ensure that the case is developed properly and that obvious mistakes are not made.
Return to: SSDRC, or the Questions, Answers, Tips, and Advice page Topics and Questions SSD and SSI are Federal Programs The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming Recent approval and denial statistics for various states can be viewed here: Social Security Disability, SSI Approval and Denial Statistics by state Special Section: Disability Lawyers and unnecessary claim denials |