Do I Qualify for Social Security Disability Benefits?
To be considered “disabled” by the Social Security Administration, you must have a disease or condition which has lasted, or is expected to last, at least 12 months, or result in death. This disease or condition must make you unable to do any of your past work.
Additionally, this disease or condition must make you unable to do ANY job.
Medicine is not an exact science. Many people have medical problems. Some of these people go to a medical provider. A medical provider may not have a definitive diagnosis or label for the problem you present. It may take your medical provider time to make a definite diagnosis.
While waiting for time to pass or test results your medical provider may mention you could have one or more possible conditions. There are many people who hear they may have such and such condition and then feel even sicker than they felt before they heard the label or name of the possible condition. In fact, many people on hearing the name of a possible condition will carry that name with them and without confirmation of the diagnosis adopt it as their disease. Subsequently, they may tell other physicians they have in fact been diagnosed with a disease for which they have never received confirmation or a definite diagnosis. At that point, the disease may even appear in the medical record, for example, as part of the “past medical history.”
There is a Social Security Administration list of diseases (“Compassionate Allowance Conditions”), for which you will be awarded benefits if you have medical evidence of one of these diagnoses. However, in most claims, the Social Security Administration does not award benefits based solely on the name of the diagnosis, disease or condition you have. Therefore, do not believe that a five syllable diagnosis and your doctor saying you should not work will get you disability benefits from the Social Security Administration.
In order to be awarded Social Security disability benefits, you must be found medically, and non-medically eligible for benefits. Non-medical eligibility is related to whether or not you have paid in enough taxes from your paycheck to earn enough quarters, recently enough to be eligible for Social Security disability insurance (SSDI), or whether you have few enough assets (cash or equivalent) to obtain Supplemental Security Income (SSI).
If you are found non-medically eligible for Social Security disability benefits (SSDI or SSI), you must also be found medically eligible for benefits. To do so, you must have a disease or condition which has lasted 12 months, or is expected to last 12 months which causes you to have severe functional limitations, for example, an inability to sit, stand, or walk, a certain amount of time. If you have a mental problem, it must cause, for example, severe limitations in your abilities to do your daily activities, function socially, or concentrate on a job.
An attorney who is experienced in handling claims for Social Security disability benefits can help you understand whether or not you meet the eligibility criteria for Social Security disability benefits. Keep in mind while your doctor may state you should get Social Security disability benefits, the Social Security Administration is not required to do what your doctor says.
The Social Security Administration looks at numerous variables when deciding whether or not to deny your application for Social Security disability benefits. Trying to obtain Social Security disability benefits and having to deal with the Social Security Administration losing documents, as well its lack of properly trained representatives, is frustrating at best, and for some a nightmare.
For a FREE case evaluation with experienced, medically, and legally trained representatives, contact Levian Legal (800) 701-4945 or (410) 433-4040.
Levian Legal does not charge a fee for speaking to you. We do not receive an attorney fee unless we obtain benefits for you.
Below is a list of conditions for which we have obtained disability benefits.
- Severe depression
- Severe anxiety
- Chronic Migraine Headaches
- Postural Hypotension
- Alzheimer’s Disease
- Frontotemporal Dementia
- Uncontrollable seizures
- Parkinson’s Disease
- Amyotrophic Lateral Sclerosis (ALS) – also known as Lou Gehrig’s Disease
- Gaucher Disease
- I.Q. below 70
- Autism Spectrum Disorder
- Children who are at least two levels behind same age children in school
- Severe disorders of the neck, back, hips, knees, OR, ankles
- Inability to use hands
- Severe Breathing Problems
- Severe Heart Problems
- Crohn’s Disease
- Irritable Bowel Syndrome
- Stage III or Stage IV Cancer of any organ
- Advanced Kidney Disease
- Severe Brain Problems
- Brain Cancer
- Inoperable Cancer (any organ)
- Stroke (at least three months ago with inability to speak or walk normally)
- Severe Nerve Problems
- Obesity with high blood pressure and severe bone or muscle problems
- Reflex Sympathetic Dystrophy