Filing a Social Security disability claim can be a complex process. You must prove that you cannot return to your previous job and that your medical condition is severe enough to eliminate you as a productive member of the workforce. A Social Security lawyer can help you navigate the complicated claim process and gather all necessary medical documents to help strengthen your case.
You should begin the process of applying for disability as soon as you become disabled. Delays in applying for disability may cause your claim to be denied. Your benefits, once you have been approved, will continue until you can work again, and there are benefits to help you transition back into the workforce.
How do I know if I am disabled?
According to the Social Security Administration, you are disabled if you meet the following three criteria:
- You cannot continue to do the work that you did before your disability
- Medically, you cannot adjust to new work with your condition
- Your disability will persist for one year or more, or eventually result in death
The definition of disability is very narrow, and it is serious. If your disability will severely alter your life and minimize your ability to work, and you can provide medical documentation of this change, you may have a strong case. A Social Security lawyer can help you build your case and write your application in a way that highlights these major life changes.
Have you been working?
If you’ve been working in a job covered by Social Security, then you can apply for benefits. If you have not worked in a job covered by Social Security, such as some state and municipal employees, you will have to pursue disability through their employers’ programs.
Additionally, you need to have worked in a job covered by Social Security long enough to qualify. You can earn up to four Social Security work credits each year. You must have a minimum of 40 credits, with 20 of those credits earned within the last 10 years before you became disabled. There are exceptions for workers who become disabled before age 62.
Residual Functional Capacity
Your Residual Functional Capacity (RFC) is the amount of work you can perform. This is separated into four categories of physical labor:
- Sedentary work: minimal lifting; carrying items only up to 10 pounds
- Light work: lifting and carrying items up to 20 pounds
- Medium work: lifting and carrying items up to 25 pounds
- Heavy work: physically intensive walking, lifting, and carrying items up to 50 pounds
If the SSA determines that you can work in a lower RFC category than before, then your claim might be denied. For instance, if you’ve worked in a heavy work job for 20 years, but you also have education or technical training in computer repair, you may be able to qualify for a sedentary work job instead.
You must prove that your condition is severe enough to prevent you from returning to work or being at work regularly. This means not being able to complete a full shift or being productive while you’re at work.
Your condition must also be listed on the SSA’s Listing of Impairments. These impairments severely interfere with being a productive member of the workforce, and you will likely be granted benefits if you are diagnosed with any of these conditions.
Your age is another factor in determining whether or not you qualify for disability. Younger people are considered more flexible in terms of learning new jobs, so they may not be approved for benefits as quickly as people over 50.
Beginning the process
If you’re already working with a Social Security benefits lawyer, they will be familiar with the process and help you fill out the forms. If you’d like to begin on your own, start with the SSA’s Disability Checklists for your application and interview. This checklist outlines all of the documentation you will need for your interview with the SSA representative who will be reviewing your case.
Take a close look at the SSA’s Fact Sheet before you begin to apply: it outlines all of the parts of the process and the frequently asked questions you need to be aware of before you and your Social Security lawyer apply for benefits.
