Social Security Disability

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Social Security Disability

Social Security Disability benefits pay workers who meet the statutory requirements during their time of disability. There are four statutory requirements that an applicant must meet to receive Social Security Disability benefits. The applicant must have a physical or mental condition that prohibits them from "engaging in any 'substantial gainful activity.'" The applicant's condition must last for at least twelve months or result in death.  The applicant must be younger than sixty-five and they must have worked the statutorily required amount of time.  

Whether the applicant is disabled is determined by the Social Security Administration. In making the determination, the doctors and disability specialists will look at both the applicant's medical condition and work history. There are four factors the Administration consideres when investigating the applicant's medical condition. The Administration will look at: what the condition is, when the condition started, how it limits activity, and what sort of tests and treatments have been done. There are four factors the Administrators will consider when investigating the applicant's work history. The factors include whether the applicant is currently working, what kind of work the applicant did prior to becoming disabled, whether the applicant can continue to work in their current job and whether the applicant can work in other fields.

Sometimes, even when an applicant is disabled and unable to work the Social Security Administration will deny the application. In this situation, the applicant can appeal this decision. There are four different levels of appeal:

• The initial appeal is called a reconsideration and is conducted by an expert who did not make the initial decision.
• The second level of appeal is done by an Administrative Law Judge.
• The third level of review is conducted by the Appeals Council.
• The final level of review is provided by the Federal Court.

An experienced attorney can help applicants through all levels of the appeals process. If you would like to speak with an expert to discuss whether your disability claim was wrongfully denied, please complete the form and one of our attorneys will contact you or call 1-800-LAW-FIRM now.