Can I get Social Security Disability Benefits?

Patience is key

  The vast majority of Social Security Disability claims are denied upon the first application. Claims that are approved on the initial application are often referred to as "compassionate allowance" cases, where the applicant has a catastrophic and hopeless new condition, such as Lou Gehrig's Disease, kidney failure, or Stage 4 cancer. These are "no doubt" situations where the condition is permanent and is only going to get worse.

Now and again, a seemingly run-of-the-mill case gets fast approval. For instance, someone over 55 who has worked in construction their whole life, with a strong work record, and some significant new injury defect that prevents them from working, such as a herniated disk on which the surgery has failed.

  The initial application can be made at a local Social Security office, or by mail, telephone or online. It can take up to six months for your initial application to be approved or denied. www.ssa.gov is the website at which one  can apply for benefits.

   What happens when you get denied?

   If denied, one can appeal and ask for a reconsideration, and that process takes about six months. If that reconsideration is denied, one can appeal the matter to a live hearing in front of a Social Security Disability Judge, which can take 14 months to two years. This entire process (filing, reconsideration, and hearing before a judge) can take about three years and you still might be denied.

If you win your appeal, your will get "back payments" for Social Security Disability dating back to your application date. Lawyers who take disability cases get paid because the law allows them a 25% fee on the past due disability owed, capped at $7600.00.

  The disability must be severe

If the applicant is currently engaged in "substantial gainful activity" the application is denied.

The next hurdle is the disability must be severe.

Can the applicant perform past work? If so, they are denied.

Can the applicant perform any work in the economy?  If the answer to that question is yes, you will get disability.

 Could the person work in a toll booth for the Kansas Turnpike? Could the person be a clerk at a convenience store? Judges who decide these cases try to think of any job that the person could do.

Often the person could do such a job for a short while, but if one needs to take 15 minute breaks every hour, that would disqualify them from holding that job. Or if the person needs to sit or stand a certain length of time, that can disqualify them for a job that seems easy, unless the employer will accommodate the work requirements.

No benefits are paid for a partial disability or a short-term disability

The disability must last a year, or be expected to last a year, or be expected to result in death. In short, you must simply be unable to work. Any job. For instance, if a man who built cabinets for 40 years has a completely disabled right hand, he cannot build cabinets any more, but he could work as a clerk at a convenience store, etc. In other words, the issue is not whether you can do your current job, but any job.

What about mental disabilities?

 It is easier to prove physical disabilities in court through medical records. Nearly 1/3 of disability cases involve musculoskeletal system and connection disorders. These disabilities can be seen on an X-Ray or CT scan.