Filing an Application for Disability Benefits
How do you win disability benefits?
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 benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much is paid for the Social Security Disability Attorney Fee?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
Qualifying: What do you Need to Prove to Qualify for Disability?
Applying for disability for Fibromyalgia
Filing for disability with Degenerative Disc Disease
Can I Qualify For Disability on the basis of Depression?
Answers to questions about SSD and SSI disability
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Eligibility for Disability Benefits as Viewed by Social Security
How to prove you are disabled
and win disability benefits
Even when it is determined that a claimant is not currently capable of doing their former work and is not capable of switching to some other type of work, they can still be potentially denied for social security disability or SSI if it is decided that their functional limitations will last less than a year.
This is where the definition of disability used by SSA (the social security administration) can be clearly seen to have an impact because the social security administration only awards disability benefits to individuals who have found to have total disability and permanent disability.
Total disability is thought to be a condition that is so severe that it effectively rules out the ability to perform substantial and gainful work activity of any kind (substantial and gainful work activity is where you earn at least a certain amount per month as seen on this page: the earnings limit for SSD and SSI).
Permanent disability is thought of by SSA as a disabling condition that might never improve but, for the purposes of approving a disability claim, must last at least one full year, or be projected to last one full year, at the time a disability claim has been decided.
To prove one's eligibility for disability benefits, either from SSD or SSI, their medical records must verify that they have a disabling condition that will be disabling for a period of not less than one full year. Therefore, a claimant who hopes to win disability benefits must provide solid medical records and if their claim is being heard by an administrative law judge at a disability hearing, either they or their disability lawyer should attempt to obtain a supporting statement from one of the claimant's treating physicians.
However, proving that you are disabled and eligible to receive social security disability or SSI benefits also means proving that your current limitations make it impossible to do the work you have done in the past, and also make it impossible to do any other kind of work that might rely upon your particular job experience, as well as your level of education, and current physical and mental capacity.
This is why the social security administration asks those who are filing for disability to complete a work history questionaire. And it is also why being fully prepared for a disability hearing is essential since, on prior decisions, made at the disability application and reconsideration appeal levels, disability examiners will have either misidentified a person's past jobs, or failed to consider the nature and duties of one or more of the claimant's past jobs (for example, there is a considerable difference in skill between driving a small delivery truck versus driving a tractor-trailer truck).
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