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Which Disability Cases are Harder to Win in South Carolina?



 
As a former disability examiner for social security, I'm tempted to say that there are certain conditions that are harder to win disability benefits for, and there are certain conditions for which the prospect of winning is easier. However, that's so general an answer that it's not really correct.

In actuality, the harder cases to win in South Carolina are simply those for which the medical evidence does not conform to the social security definition of disability. In other words, regardless of your condition (whether its fibromyalgia, lupus, arthritis, degenerative dic disease, bipolar disorder, depression, traumatic brain injury, etc, etc), the medical evidence that's obtained simply needs to prove the following for you to receive Social Security Disability or SSI disability benefits:

A) That your condition is severe enough to prevent you from working (at a former job or in some other form of work) and earning a substantial and gainful income (here's the amount that correlates with this -- substantial gainful activity).

B) That your disability has either lasted a full year or can be expected to last a full year.

That's pretty much it. You win disability if your condition is severe enough to prevent you from working and earning a substantial and gainful income for a year or longer. And it really doesn't matter what your condition is.

Resources:

1. The likelihood of winning a disability case
2. How do you Win Social Security Disability or SSI?
3. Winning a Social Security Disability Appeal or SSI Appeal
4. How do you win your disability case with a mental condition?

A lot of people, of course, make the assumption that certain cases for which certain impairments are chiefly alleged are harder to win. And to some extent, that may be true. However, I've seen cases involving severe third-degree burns to as much as a quarter of the body's surface area...get denied (incredible, isn't it?). And I've seen cases involving adult incontinence get approved (the claimant won because he diligently, and smartly, recorded ALL his episodes of incontinence in a multi-year journal that filled up a lot of diary books).

It just goes to show that the name of the condition is not the most important thing. It is the degree to which the condition is limiting that is important and whether or not the existing medical evidence substantiates limitations that will preclude substantial gainful work activity for at least a year.

In other words, any disability case can be won if you can back it up with the evidence.








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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.