You, as a worker and tax payer, have paid into the Social Security Disability Insurance System as a protection from a disabling injury or illness.
A disabled worker, depending on age, must have a certain amount of work credits to qualify for this assistance. Both the length of time you have worked and how recently you have worked are factors. Family members of the disabled worker such as a spouse or divorced spouse, a dependent unmarried child or a financially dependent parent may qualify for benefits if certain defined standards are met. A Social Security Disability Attorney can assist you in understanding these standards.
The Social Security Administration has definite standards in defining disability. Foremost is the requirement that a worker must be unable to engage in substantial gainful activity. For the year 2014, a non-blind person who is earning more than $1,070 per month is generally considered to be engaging in substantial gainful activity and does not qualify.
An important standard in determining eligibility is that of past relevant work. If it is found that the worker is able to return to the type of work he or she performed in the past 15 years (past relevant work) then the claimant will be found not disabled. If it is found that the claimant cannot perform past relevant work, then the Social Security Commissioner, in an effort to deny benefits, must prove that there are jobs that the worker with his or her limitations can perform.
The Social Security Administration has put into code a listing of medical impairments that are considered disabling. It is in helping to understand and meet these standards that a Social Security Disability Attorney can be of great assistance to the claimant.
A potentially disabling disease is defined in the Social Security Code. It is not enough, however, to have the disease to qualify. You must show listing level severities which are the specific disabling effects of that disease. If you cannot meet the listing standard then you may attempt to qualify through the Residual Functional Capacity which takes into account all your disabling difficulties.
A Social Security Disability Attorney can assist you in gathering the medical proof and then guide you through the application, reconsideration of the claim, administrative hearing and review by appeals council and federal court if necessary.
I have over 20 years experience in Social Security Law and believe I can be of great help to you. If you would like to arrange a no cost interview, please call me at 585-768-2261 or E-mail me at firstname.lastname@example.org