Social security pays benefits to persons who cannot work because of a medical condition or illness that is expected to result in death or last for at least one year.
The application process and the appeal procedure subsequent to a claim denial are complicated and arduous tasks. You must meet both medical and non-medical requirements before you are eligible for Social Security. The steps taken to determine the medical requirements are:
1. Are you Working?
If you are working and your earnings average more than a certain amount each month, you will generally not be considered disabled. This amount changes every year.
2. Is Your Medical Condition "Severe"?
Your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting, or standing—for at least one year.
3. Is your Medical Condition on the List of Impairments
Conditions on this list are considered so severe that they automatically mean that you are disabled as defined by law. If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled. If it does not, the state agency goes on to step four.
4. Can you do the work you did before?
At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If yes, you qualify. If not, you go to the last step.
5. Can you do any other type of work?
The agency evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled.
The non-medical requirements are based on your employment history. A credit is given for each quarter-of-a-year. Your age and the duration of the work performed are taken into consideration in regards to the non medical qualifications.
If you are contemplating applying for Social Security Disability or have been denied benefits, you need to speak with a Mitchel, Gaston, Riffel & Riffel, PLLC attorney who can help you through the entire application process and any subsequent appeals. The attorneys have the experience and knowledge needed to navigate through the complex federal rules and regulations.