Most Americans have heard of Social Security but they typically associate it with the payments that people who have retired can receive. However, the Social Security program was designed not only to assist the elderly. If a worker is injured on the job and their injury is serious enough to prevent them from returning to work, they can file a claim for Social Security Disability.

How Do I Know If I’m Eligible?

A claim for Social Security will only be approved if the applicant is totally disabled. The administration considers an applicant totally disabled if:

  1. They cannot do work that they did before the injury.
  2. It is determined that the medical condition prevents the applicant from seeking other forms of employment.
  3. The disability is expected to last at least a year or if it is anticipated that it will ultimately lead to death.female patient undergoing treatments

In order to determine this, the administration reviews the answers to the following questions:

  1. Is the applicant working?
  2. Is the medical condition they suffer from severe?
  3. Is the medical condition found on the pre-approved list of disabling conditions?
  4. Can the applicant return to the same type of work that they previously performed?
  5. Is there another type of work that they can use their skills in?

While these questions may seem simple, proving total disability is extremely difficult and on average, more than 60% of all claims are denied. Although an applicant can appeal, there is a backlog and it takes nearly two years for the appeal to be handled.

Why It’s Important To Consult An Attorney

While many injured workers try to initially work through this complicated system on their own, the reality is that it is always best to contact an attorney. Something as simple as a mistake on a claim form can result in a denial and an experienced attorney is very familiar with the common mistakes made on a claim form and how to avoid them.

Take this into consideration – only 69% of the nearly 2.5 million applications submitted every year make it to the initial review stage and of those, only 38% of those are initially approved. This means that a large majority of the applicants are forced to fight for their benefits by filing an appeal.

In the event that the case needs to be appealed, you can rest easy knowing that an attorney will have reviewed the facts carefully, collected additional evidence, and will present the case to the group reviewing the appeal, proving that you meet the requirements.

What Information Is Needed During The Appeal Process?female doctor helping a patient

According to the Social Security Administration, the information required includes:

  1. The Date of Denial Decision.
  2. Representative’s name, address, and phone number.
  3. The name, address, and phone number of a personal contact who is aware of the applications medical condition.
  4. Medical records showing a full description of the medical condition causing the disability and information on any new medical conditions.
  5. The contact information of all medical providers.
  6. Information on all treatments and tests that the applicant has undergone.
  7. Prescription information.
  8. A full description of the way that the injury has changed the applicant’s ability to work and regular activities.

What Happens If I’m Only Partially Disabled?

Social Security Disability is only available if the applicant is totally disabled. However, benefits for partial disability may be available through workers’ compensation. You can learn more about that here.



Latest Social Security Disability Updates

Lawrence Levin -Bulldog Lawyers Attorney
Here you will find the latest news and information about social security disability cases and settlements.

June 30, 2016- Social Security Faces Depletion In The Near Future

A recently released 2016 report of the Board of Trustees for the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, has revealed that Social Security’s programs are in deep trouble. According to the report, both programs’ trust funds will be depleted in the near future. The old-age and survivors insurance is set to be gone by 2035 and disability insurance by 2023.

May 31, 2016- Lawmakers Fear Social Security Administration Is Not Protecting Americans

Lawmakers have raised concern that the Social Security Administration is not doing enough to protect personally identifiable information of hundreds of millions of Americans. Lawmakers have asked SSA officials about how they are managing their cybersecurity issues in an effort to understand how Americans are being protected. However, officials have also stated that the organization is in desperate need for more funding in order to address vulnerabilities.

April 29, 2016- Eastern Kentucky Social Security Lawyer Charged With Fraud And Money Laundering

An Eastern Kentucky Social Security lawyer  has been charged with defrauding the federal disability benefits programs of over $600 million. A federal grand jury stated that they believed the lawyer devised to rig numerous disability claims from 2004-2012 with a Pikeville psychologist, and a Social Security Administration appeals judge in Huntington. It is believed that the lawyer presented false documents that would make his clients seem disabled and paid doctors $300 to $450 per document to sign completed evaluations that supported his clients’ appeals.

March 31, 2016- SSA Judge Seeks Benefits For Alcoholism

A drunk disability judge who assaulted officers has admitted to being habitually drunk while he was working and sexually assaulting a federal security guard. Despite admitting his wrong doing, the judge has gone further to invoke disability on his own behalf, stating that his alcoholism is a condition government managers need to accommodate. Numerous SSA cases that the judge adjudicated  are now being appealed on the grounds the judge was drunk when he turned down their cases.

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