If you have been injured and are no longer able to work then you may qualify for Social Security Disability. These benefits are there for people who have qualifying disabilities and cannot work as a result of them. This may sound straight forward but the truth is that it can be complicated. You need a skilled social security disability attorney who can help you apply for your benefits. Read on to learn the five criteria you must be able to prove and then contact The Law Offices of Larry H. Parker at 866-536-5788 for a free legal consultation.
- Are you currently earning income?
- Do you have a medical condition that is severe and diagnosed by a doctor?
- Does your impairment equal or meet a listing?
- Can you do the work you used to do?
- Can you do other work?
The first question they will ask is if you are earning income and if you are, how much it is. If you are earning upwards of $1,040 each month by working then you will automatically not be eligible for disability. You can reapply when you have not earned more than $1,040 for more than one year. Note that this does not include passive income, such as getting rent from a property you own.
Next, the SSA is going to look to see if you have a medical condition that has been diagnosed by a medical professional. The condition must be one that includes some type of functional limitations that affect your ability to work. So there are two things to prove for this criteria: That you have a medically diagnosed condition and that it affects your ability to work.
Next, the SSA will look at their conditions that automatically qualify as a permanent disability. They may find that you have one of the conditions on their list, or that your condition equals one of them. Note that it is actually fairly rare for a person to qualify here – most people qualify under the next two standards so it is not a reason to panic if you do not qualify here.
The SSA will look at the last 15 years of your life to see if you can perform any of that work and make $1,040 or more per month based on the advice of a vocational expert. This will look at your past work, how it was performed, and what your limitations are. If they determine that you can still do the work then you will not be considered disabled.
If you cannot do the work you used to, then the SSA will consider if you are able to do other work – even if that work is not work you want to do. They will look at jobs that are available to determine if you can do them.
If you believe you should be awarded Social Security Disability then we strongly urge you to contact The Law Offices of Larry H. Parker at 866-536-5788 for your free consultation.