Definition of Disability
Many illnesses and injuries lead to disability, including congestive heart failure, kidney diseases and advanced carcinomas. However, chronic illnesses and other diseases deteriorate over time, particularly in twilight days and may eventually leave the patients disabled even though these were not severe in early stages. Social Security Disability is a government-sponsored program and therefore, its features include several qualifying rules and regulations. To be eligible for Social Security Disability Benefits, you must prove the followings:
- You must be suffering from impairment – Physical or Mental.
- Impairment is severe enough to prevent you from performing any type of substantial gainful job.
- You must suffer from the kind of disability that has lasted or would last for at least, 12 months or its prognosis is very poor (usually death).
True it is that the above-mentioned terms are subject to various interpretations. Social Security and the Courts have jointly framed guidelines for disability. The BOTTOM LINE is proving disability is anything but simple. If you are preparing a claim for disability benefits, go through the guidelines carefully, discuss your problems with your physician and plan your disability claim accordingly.
You should also talk to a Fayetteville, AR social security disability attorney to ensure if you are a good candidate for the benefits.
Physical or Mental Disability
The basic rule of disability is anything preventing you from performing a job should be related to your medical issue, implying that it can be diagnosed and described by medical practitioners. According to Social Security, it is called “Medically Determinable”.
To establish that you have a medically diagnosable condition while filing a disability claim, you should submit statements and records from doctors or hospitals/clinics where you underwent treatment and what would describe your medical conditions that prevent you from working and how physical/medical limitations can affect your working ability. The claim should make it clear that your disability is supposed to linger for 12 months or cause death.
Substantial Gainful Work
Social Security first takes into consideration whether your physical or mental condition prevents you from performing your job that you used to do at the onset of your disability. If you are unable to perform your usual job due to your disability, Social Security will determine if you can perform any other type of substantial gainful work that is, according to present definition, refers to any job that pays $1,300 per month.
Your age profile, qualification, work experience and training as well as practicality of picking up new skills to join another profession are taken into consideration to determine whether you are the right candidate for Social Security Benefits. Social Security will assess if you are capable of performing any type of substantial gainful job, regardless of if such type of job is available in the area of your residence.
Your average income over the years is a major determinant of how much you will get in form of Disability Benefits and Retirement Benefits. If after becoming disabled, you are earning significantly less than what you used to earn before, your average income will dip due to the years of these earnings and that could lead to ultimately lower Social Security Payment. If your disability forced you to accept a job with considerably lower income, the Social Security Administration is likely to place a DISABLITY FREEZE on your income period. Such FREEZING will allow you to work and receive your lower income without having it played a role in your lifetime average incomes.