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It is commonly acknowledged that the U.S. Social Security Administration (SSA) denies the majority of applications for disability benefits, at least initially.
As you seek approval for Social Security disability benefits (SSDI), there are some indicators that you are heading for a favorable outcome sooner rather than later, especially when a knowledgeable attorney provides the necessary guidance.
There are no guarantees in the application status, of course, and each situation is or can be nuanced. In a best-case scenario, though, here are some signs that your disability claim is likely to be approved.
To avoid any stumbling blocks or unforced errors in the very complicated Social Security process for obtaining work-replacement income, applicants are benefitted by hiring an experienced disability lawyer in Philadelphia from the beginning.
To meet the SSA”s definition of disability, a claimant must be unable “to engage in any substantial gainful employment (SGA) because of a medically determinable physical or mental disability(ies) that is either expected to result in death or has lasted or is expected to last for a continuous period of at least 12 months.”
The SSA’s website provides a detailed listing of physical and mental impairments in accordance with the agency’s medical criteria for its disability evaluation.
If your medical condition or combination of conditions appears on this list of required criteria, you stand a good chance of being awarded financial benefits in the disability process.
If you want to pursue SSDI benefits, you must first have paid Social Security taxes over the course of your work history and accumulated at least a minimum number of work credits .
As part of the screening methodology, the SSA will review your work history in that regard. The previous SSA policy required applicants to provide detailed information about 15 years of work history.
Under a rule adopted in June 2024, however, the SSA will review five years of past work when determining past relevant work.
According to the agency, “The new rule makes it easier for people applying for benefits by focusing on their most recent relevant work activity while still providing enough information to continue making accurate determinations.”
If your recent work records are organized, coherent, and validated, approval is more likely and without a lot of back and forth with the SSA office.
The SSA will look at your, e.g., age, education, past work experience, and functional limitations in making a determination as to whether you are legally disabled. An inability to do your old job, however, is not necessarily conclusive for granting benefits if you can perform some other kinds of work.
If you are 50 years of age and older, however, you generally have a much better chance of winning a disability claim. This is because SSA regulators tend to consider those in that age bracket less employable as they approach or enter “advanced age.”
Comprehensive medical records, tests, and notes, including a doctor’s evaluation, treatment protocols, plus vocational expert reports, and other similar data provide the most convincing proof of a severe impairment rendering you unable to work a full-time job and thus entitled to SSDI benefits.
The SSA itself acknowledges that “medical evidence is the cornerstone of the disability determination.”
Any ambiguity in this supportive medical evidence documentation as it relates to disabling conditions hardly bodes well for a claim outcome that results in disability approval.
When you apply for benefits on the way to obtaining the all-important approval letter, you need to provide your date and place of birth. You may also need a birth certificate, naturalization certificate, or a passport.
Providing this kind of basic information is likely to help your claim go more smoothly.
As explained in more detail in a separate blog post on this website, you can – in general – collect SSDI benefits and simultaneously work a part-time job as long as the SGA earnings don’t exceed $1,550/month (as of 2024). If you make too much money as the SSA sees it, your disability claim may be denied.
Note: Laws and regulation pertaining to SSDI, including income limits, are subject to change. If you find yourself unable to work because of an injury and/or medical condition, make sure to do your homework and/or preferably consult an attorney who has experience in disability law.
Perhaps the most significant sign is making the most of world-class legal advocacy. In other words, to facilitate the claim approval process in effectively dealing with the SSA, a qualified and skilled attorney is practically a must.
Minimizing hassles with government bureaucrats, including incessant demands to fill out confusing and sometimes make-or-break paperwork in the application process, is an important byproduct of hiring legal representation.
Chermol & Fishman, LLC, is a full-service Social Security disability firm that represents clients at every stage of the process from the completing initial application through completion of the claim, including the appeals process. Contact the lawyer to schedule a free consultation.
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