If you are disabled, you may be considering your eligibility to receive disability benefits. There are strict Social Security disability qualifications that must be met and a Raleigh Social Security disability lawyer will be your best ally throughout the process. However, even if you do qualify, it doesn’t mean your initial application for disability benefits will be approved. You may have to go through an appeals process, with which a disability lawyer may be able to help.
Social Security Disability Qualifications
Early on, you should learn if you qualify for disability benefits. Since the process can be time-consuming, it can help determine if you should proceed with filing a claim.
You will first need to see if your medical condition is found in the listing of impairments. The Social Security Administration (SSA) has a listing of various categories and specific medical conditions that may be covered.
Although you may find that your condition is listed, you will still need to meet the criteria that are indicated for your particular condition. This will require medical records showing that you do.
Your condition must have lasted or be expected to last for 12 consecutive months. Another option is showing that your medical condition is expected to end in death.
If your medical condition is not found under the listing of impairments, you could still qualify for Social Security disability based on your inability to work. This is another way to determine if you qualify.
In addition to submitting medical records, you may also need to provide the results of a residual functional capacity (RFC) assessment. This helps establish if you have difficulties with certain work tasks such as walking, lifting, bending, stooping, and other activities that require exertion.
Depending on the results, it may be found that you can only do light work or work that doesn’t require physical activity. The results will also play into whether you are approved for Social Security disability qualifications.
SSA will also consider whether you are capable of doing other types of work based on your skills. For instance, you may not be able to do physical work in a particular field but you may be able to perform desk duties in that same field.
The age of the claimant may be taken into consideration. If you are in your 20s and disabled, it will likely be easier to find another job to which you can transfer your skills. However, that may not be the case for someone in their 50s.
The requirements for Social Security disability also require that you not be engaged in substantial gainful activity (SGA). This means your monthly earnings cannot be greater than a certain amount established by SSA. For the year 2012, that amount is $1,010. If the claimant is blind, the amount is $1,690. So if you are able to earn more than these amounts, your Social Security disability qualifications do not adhere to government guidelines.
Contacting a Raleigh Social Security Disability Lawyer
With all of the requirements that must be met, not to mention the necessary paperwork and medical evidence, it may be in your best interest to talk with an experienced Social Security disability lawyer. You would also benefit from a lawyer if your application as denied.
The team of Social Security attorneys at Brent & Adams Associates serves residents in Dunn, Fayetteville, Raleigh, and other cities throughout the state of North Carolina. When you have concerns about your rights to Social Security, contact an attorney to discuss your case.
With the complexities surrounding Social Security, you may benefit from a free consultation. Contact us today to learn if you have legal options available – 1-800-849-5931 or 910-892-8177.