How to Meet Social Security Disability Qualifications
May 9, 2012 By Brent Adams & Associates
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Social Security disability qualifications will depend on your work situation and the severity of your impairment. A Social Security disability attorney in Raleigh, N.C., may be able to help. In order to obtain disability benefits, there are Social Security disability qualifications that you must meet. Even then, you will need to be able to support this with ample evidence.
A Social Security disability attorney in Raleigh, N.C., may be able to help with evidence assembling and other aspects of the claims process.
Qualification Dependent on Your Current Job Situation
One of the things that is taken into consideration is your current job situation. If you are not working, then you will need adequate medical evidence that shows your condition is eligible.
You will also need to do this if you are working below the substantial gainful activity (SGA) limit, which is currently $1,000 a month. However, if you are employed and earn more than that amount, you are considered to be engaging in SGA, and therefore will not qualify for Social Security disability.
Qualification Dependent on the Severity of Your Impairment
The next thing that determines whether or not you qualify is the severity of your physical or mental impairment. It must be one that is found in the Social Security Administration’s (SSA) listing of impairments.
SSA’s listing of impairments also includes a description of the criteria that must be met. In addition, it must be found to be severe enough that it has lasted or is expected to last for at least 12 months consecutively, or it must be an impairment that likely will end in death.
Some conditions may not be found in the listing of impairments. That doesn’t automatically disqualify you. You may have been diagnosed with a condition in which the severity is equal to another listing.
What is also taken into consideration is your ability to perform basic everyday activities such as walking, pushing, reaching, carrying, lifting and sitting. Physical abilities are considered, and so are skills such as understanding instructions, responding appropriately to co-workers and supervisors, and decision-making.
Qualification Dependent on Ability to Do Other Work
Another determination made in Social Security disability qualifications is whether or not you can do past work. While your impairment may prevent you from working in your current job, there may be work you have done before that you are able to handle.
If it is found that there are other jobs you may be qualified for and capable of doing, this could disqualify you. However, if your job experience and skills cannot be transferred, or if you are not able to learn new skills, you may be considered disabled.
With all of the qualifications necessary to obtain Social Security disability benefits, you will need to have evidence that supports your claim of severe physical or mental impairment. Your medical history, records and any other documentation that proves your eligibility is vital in order to improve your chance at being approved.
Because most initial claims are denied, it may be in your best interest first to secure help from a Social Security disability attorney in North Carolina. An attorney will know the best ways to improve your chance at a favorable outcome.
ABOUT THE AUTHOR: Brent Adams & Associates
Brent Adams has been active in the the NC legal community throughout his entire career as a trial lawyer. He served on the Boards of the Wake County Bar Association and the North Carolina Academy of Trial Lawyers, eventually elected Secretary-Treasurer and Vice President of each, respectively. Adams was chosen to serve as the State Representative to the Association of Trial Lawyers of America, the largest trial lawyer organization in the world.
Copyright Brent Adams & Associates
More information about Brent Adams & Associates
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Qualification Dependent on Your Current Job Situation
One of the things that is taken into consideration is your current job situation. If you are not working, then you will need adequate medical evidence that shows your condition is eligible.
You will also need to do this if you are working below the substantial gainful activity (SGA) limit, which is currently $1,000 a month. However, if you are employed and earn more than that amount, you are considered to be engaging in SGA, and therefore will not qualify for Social Security disability.
Qualification Dependent on the Severity of Your Impairment
The next thing that determines whether or not you qualify is the severity of your physical or mental impairment. It must be one that is found in the Social Security Administration’s (SSA) listing of impairments.
SSA’s listing of impairments also includes a description of the criteria that must be met. In addition, it must be found to be severe enough that it has lasted or is expected to last for at least 12 months consecutively, or it must be an impairment that likely will end in death.
Some conditions may not be found in the listing of impairments. That doesn’t automatically disqualify you. You may have been diagnosed with a condition in which the severity is equal to another listing.
What is also taken into consideration is your ability to perform basic everyday activities such as walking, pushing, reaching, carrying, lifting and sitting. Physical abilities are considered, and so are skills such as understanding instructions, responding appropriately to co-workers and supervisors, and decision-making.
Qualification Dependent on Ability to Do Other Work
Another determination made in Social Security disability qualifications is whether or not you can do past work. While your impairment may prevent you from working in your current job, there may be work you have done before that you are able to handle.
If it is found that there are other jobs you may be qualified for and capable of doing, this could disqualify you. However, if your job experience and skills cannot be transferred, or if you are not able to learn new skills, you may be considered disabled.
With all of the qualifications necessary to obtain Social Security disability benefits, you will need to have evidence that supports your claim of severe physical or mental impairment. Your medical history, records and any other documentation that proves your eligibility is vital in order to improve your chance at being approved.
Because most initial claims are denied, it may be in your best interest first to secure help from a Social Security disability attorney in North Carolina. An attorney will know the best ways to improve your chance at a favorable outcome.
ABOUT THE AUTHOR: Brent Adams & Associates
Brent Adams has been active in the the NC legal community throughout his entire career as a trial lawyer. He served on the Boards of the Wake County Bar Association and the North Carolina Academy of Trial Lawyers, eventually elected Secretary-Treasurer and Vice President of each, respectively. Adams was chosen to serve as the State Representative to the Association of Trial Lawyers of America, the largest trial lawyer organization in the world.
Copyright Brent Adams & Associates
More information about Brent Adams & Associates
View all articles published by Brent Adams & Associates
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
