Social Security Disability RC

How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
Social Security Disability list of impairments
How to Qualify for Disability, Mental Disability
Disability Lawyers FAQ, Disability Back Pay

Filing for Disability - Blind in one eye and a Learning Disability, Do I have a Case?



 
"I'm blind in one eye and I have learning disability I'm 21 and live with my parents I've never been employed I'm considering filing a claim however I'm not sure If i have a case"



A person can be approved for title II benefits (Social Security Disability) or title 16 benefits (SSI disability) on the basis of a mental condition or physical condition. As a disability examiner, it was the exception for me to ever see a case that did not involve multiple medical conditions. And, usually, the claimant listed both physical and mental condition. For example, degenerative disc disease and depression, or fibromyalgia and attention deficit.

In your particular case, due to your age, I have to wonder if you are insured for Social Security Disability. If you are not, you would need to have your application for disability filed under SSI. However, your insured status and the program that your claim is filed under would be determined by the social security office that does the intake for your claim.

I think the question we should focus on is whether or not you have a case. And, to be honest, that may not be something you can determine in advance of filing for disability. You may wish to speak with a disability attorney prior to filing. However, even that individual may not be able to ascertain this. Often, the only way to know how a case stands is to first review the medical evidence. That's not something you should do on your own, of course. And, as contrary as this may sound, that's not even something your own doctor would be competent in doing (because physicians typically have no understanding of the disability criteria used by the Social Security Administration to determine eligibility for disability benefits).

But...unless you have copies of your records to take to a consultation with a disability attorney or non-attorney disability representative, there may be little for that individual to go on. True, some representatives will decides to take a case or decline to take a case based on the information you provide during the initial consultation, but it has been my experience that this is often a very poor way to screen cases. There are many instances in which a claimant or potential claimant will not realize what is actually in their records. In certain instances, they may even be unaware of what each of their diagnoses are.

So...you can seek a consultation with a disability representative and see what sort of input you receive. However, the real standard for deciding whether or not you should file for disability is this: does your overall condition currently prevent you from engaging in work activity at a level that allows you to earn what the Social Security Administration refers to as a substantial and gainful income, a.k.a. SGA?

If the answer to that question is yes, then you should file for disability with your local Social Security office. After the claim is started, it will be assigned to a disability examiner who will get your evidence together, evaluate it, and make a decision. If you get denied, don't worry about it. Statistically, most claims are at the first level. But, at that point, you will have medical records associated with your file and a prospective disability representative may be in a better position to give you feedback on your chances, and possibly provide representation services.

My personal preference is not to do this online since the online process does not allow an SSI claim with a protected filing date to be taken. This, plus the fact that many claims are concurrent, meaning they involve both SSI and SSD, allows to easily point someone toward contacting a local office and doing the claim with a live CR, or claims representative. Speaking with a CR in person (the interview can be done over the phone, too) allows you to actually ask questions and receives answers to your questions.

And, in actuality, there are few instances where a claim is started online and a CR does not have to contact you anyway to resolve questions about the claim you started online. All of this being the case, why bother with doing the claim online (provided, of course, that it is feasible for you to get to a local Social Security office)?








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Related Pages:

Blind in one eye and a Learning Disability, Do I have a Case?
Receiving Social Security Disability benefits if you are blind
Legally blind with retinitis pigmentosa, can I also file for disability?
Getting approved for disability based on being blind
Social Security Administration Mental Consultative Exam (CE)
Do the Results of the Social Security Psychological Exam have any Bearing on Being Approved?
What does it mean if Social Security sends you to a Psychiatrist?
Getting a Social Security Disability Determination After Seeing a Psychologist at a Mental Evaluation
The Psychologist Exam for Social Security Disability and SSI Claims
Social Security Disability Mental Testing
Getting approved for mental disability benefits in North Carolina



These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?

What happens if I file a disability application and it is denied by a disability examiner or Judge?









For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.