Understanding The Disability Determination

Many of our clients wonder how the Social Security Administration (SSA) determines whether a person is disabled or not. At The Elder and Disability Law Firm, APC, we can help clients evaluate their claim and understand how it may fit within the SSA's disability determination.

So, how does the SSA determine if you are disabled? The SSA uses the "sequential evaluation" to determine whether a person is disabled under the law. The definition of "disability" under Social Security means:

The inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

When You Can't Work Because You Are Disabled

Under Social Security, your disability is based on your inability to work — in other words, engage in any substantial gainful activity. The SSA will consider that an individual is disabled if they:

  • Meet one of the SSA's medical listings
  • Cannot perform any work
  • Cannot make an adjustment to perform work

At The Elder and Disability Law Firm, APC, our attorneys can help you prepare your SSDI or SSI claim, and gather your medical information and records in order to present the best possible case for your benefits claim. We have decades of experience in this area of practice and are considered experts by our peers.

Act Quickly If Your Claim Has Been Denied

Claims are often denied at first. If your benefit is denied, it is important to act quickly because you must appeal the case within 60 days from the date of the denial. We are a local firm, not a national firm, and our lawyers give clients effective and efficient representation throughout every level of a Social Security Disability claim including:

  • Initial application
  • Reconsideration
  • Hearing before an administrative law judge
  • The appeals council in Virginia

Call Our Redlands Office Today

We can schedule a strategy session with you to evaluate your claim in person. Call our office at 800-409-6271 or send us an email to find out more.