Strategy and the Disability Law Case
The strategy is an important part of any case, even a seemingly cut and dry disability case. If you’re thinking about applying for disability benefits, or any other form of benefits through Social Security, there are a few strategies to keep in mind. Use these strategies and you’ll have a better chance at succeeding with the case.
What Qualifies As “Disability”?
To be considered for Social Security benefits for your disability, your case has to meet the definition provided by the Social Security Administration. According to the Administration, disability is based on your inability to work and must be a total disability. Unlike other programs, the Social Security Administration only pays for total disability, not partial or short-term. So, what qualifies? Well, for a more specific definition, the SSA website explains that you must not be able to do work that you did before, or you cannot adjust to your work due to medical conditions to be considered for disability. You can also qualify for benefits if your disability has lasted for more than a year, or it’s expected to result in death.
How Is Disability Determined?
The Social Security Administration determines whether your case qualifies based on if you can work or do work you previously did, your disability falls under the list of disabling conditions, your condition is severe, or if there is other work you can do. If you are working in the current year that you apply for disability and earn more than $1,130 per month on average, you will not be considered for disability benefits. Judging from how much you can work, the SSA will then look at the severity of your disability and whether it falls under the list of disabling conditions. If your condition is listed, it automatically means your case is severe enough to be considered disabled. Then, depending on how severe your condition is, the Administration looks at whether you can complete the same amount of work you did previously. If your disability interferes with your work, then you can still be considered. Lastly, they look at whether you can adjust to other types of work. If so, then your application will be denied.
This PDF provided by the SSA explains disability benefits and frequently asked questions in full.
How to Apply for Disability Benefits
There are two types of programs offered that those with disabilities can qualify for, Social Security Disability Insurance and Supplemental Security Income. Social Security Disability Insurance pays benefits to you and certain family members if you are insured (you’ve worked long enough paying taxes). If you do not qualify for that program, you may still qualify for the Supplemental Security Income, which pays based on your financial need.
So, when is a good time to apply? You should apply as soon as you become disabled. Disability benefits do not begin until the sixth month of disability, so it is important to start the process as soon as possible. You can apply for benefits online or by phone at 1-800-772-1213. Representatives will give you a time that is convenient to submit your application over the phone. Otherwise, you can search for a Social Security office near you that you can submit your application to. There is also a TTY toll-free number (1-800-325-0778) for those who are deaf or hard of hearing.
More Information on Disability Benefits
Below are links to websites for more information on disabilities.
Disability.gov
SSA.gov (Disability Home)
Benefits.gov (Disability Assistance)
