Should you Re-File for SSI? As an attorney, he has helped protect victims of domestic violence, representing those without the resources many take for granted. The same is true for a social security disability claim. If you'd like to discuss your claim with an expert, I would recommend speaking with a Social Security disability attorney. If your disability claim is denied or approved, Social Security will send you a notice of decision in the mail. After the Social Security Administration … You can learn more about working part-time on disability by reading our blog post. For example, let’s say you work in construction and your disability prevents you from operating heavy machinery and lifting heavy objects. 10 Myths and Facts About Social Security Disability Insurance. Disability Application to Hearing. If your claim is being denied, the SAA will send you a Notice of Disapproved Claim or Notice of Reconsideration depending on the stage of the claim. Social Security uses a step-by-step process with five questions to determine if you are disabled. Payments will continue on a monthly basis for as long as you are deemed to be unable to work due to your physical condition or disability. Answer. What to Do If You Disagree with the Decision But meeting the criteria for a specific listing increases your chances of approval. The amount required depends on age and is as follows: Eligibility for social security disability benefits does not just require a finding that you are unable to perform at your current job; the SSA must also find that you cannot work at any of your prior jobs. Born in Rocky Mount and raised in Kernersville, North Carolina, Brad attended the University of North Carolina at Chapel Hill, receiving his Bachelor of Arts from the School of Journalism and Mass Communication. You should do your best to be prepared to weather this interim period. The first question people ask when they apply for disability is whether they will be approved for benefits. How Do I Know if I’m Eligible for Disability? So, if you apply for disability in 2020 but became disabled in 2018, you must have earned 20 work credits in the period 2008 to 2018. Typically, you need 40 work credits to be eligible for social security disability benefits, 20 of which must have been earned in the 10-year period ending at the start of your disability. I've been waiting for months to hear whether I'll be approved or denied for disability. For example, if the hearing office as a whole has an approval rate of 45 percent, but your judge averages an approval rate of 68 percent, that's a good sign that you have a reasonable judge who will make a fair decision. We don’t get paid unless you do.Let us fight for you, 301 N. Main St., Ste 803, Winston-Salem, NC 27101 Younger disabled workers, however, may qualify with fewer work credits. You may have questions about your likelihood of getting disability benefits. You must also be able to demonstrate that the disability interferes with your ability to work. If you are still able to do some … If your monthly earnings exceed SGA, but you were provided special accommodations, worked irregular hours, or required frequent breaks to work, the SSA may still rule that you are eligible for disability benefits. If, however, your disability prevents you from performing even these tasks – for example, if you cannot sit for long periods or if you cannot perform administrative tasks like typing or filing – the SSA would find that you were unable to perform any of your prior work, and your application would likely be approved. After you have gone through the lengthy process of applying for Social Security Disability benefits, you might think that as soon as you are approved you will see a check in the mailbox. If the answer is yes, your application will be denied. In 2020, $1,410 in earnings is equivalent to one credit (like SGA, the amount changes annually). Typically you will receive disability benefits within 60 days of your favorable decision Whether your claim was approved in one month or two years, your disability benefits can never arrive soon enough! A long list of everything that nobody tells you when you get approved for Social Security disability. When you look at the grids, you’ll note that claimants who are 50 or older are considered to be of ‘advanced age.’ These claimants can qualify for disability under less restrictive work limits. Overall, your disability must be so severe that you are unable to work your current job or transition to other work. This is a Notice of Decision. If you are approved at the hearing level, then first you will receive a letter from the hearing office stating you have been approved. Fax: 336-727-2599 If you want more specific advice about your claim, contact us today for a free evaluation. You’ve Paid Enough Social Security Taxes One of the first requirements to qualify for SSA benefits is that you must have enough work credits. As your disability lawyer, one of the first things we will do is review your medical records and ask you if you have any doctors willing to write a statement of support on your behalf. In both those cases, SSA always assumes you can’t do your past relevant work first and you have to prove that you are severely medically impaired. How to Prepare for Your First Attorney Meeting, Case Evaluations in Hernia Mesh Injury Lawsuits, Social Security Disability Hearing – How to Find Your Administrative Law Judge, Social Security Disability and a Cerebral Spinal Fluid (CSF) Leak, Why Search Your Judges Name before Your Hearing, 10 Guidelines You Should Use For Answering A Social Security Function Report, Spondylosis and Social Security Disability Benefits, Applying for Social Security Disability Benefits with Cervical Radiculopathy. There are websites where you can look up a judge's approval ratios. The SSA determines that you are fit to do a different but related job. People who are older than 50 are defined by Social Security as being “of advanced age.” This means that they fall into a different category and may have a better chance of qualifying as physically disabled. The SSA may also call you or your spouse to begin an application for your children, which is a sign that your disability claim has been approved. Sometimes, even if you work with a good disability lawyer your claim may not be successful. Certain payments considered income for income tax purposes, such as alimony payments, are not counted as income for purposes of determining monthly income for SSD purposes. But there are some factors that could work in your favor and help you win a claim for SSDI or SSI benefits. on Signs That You Will Be Approved for Disability, Eligibility for social security disability benefits, Injured by a Hernia Mesh Implant? The SSA would therefore consider you able to do your prior work and deny your application. Sign 1: You meet the non-medical criteria. If this is not an option for you or if you want to do some personal research beforehand, here are the five signs that you will be approved for disability. In this article, our Arkansas Social Security disability attorneys highlight four signs that suggest that you will be approved for disability … Social security disability is like an insurance program. If you can still do light work, the SSA uses the grid for people who are limited to light work. You can find more basic information about Social Security Disability on our website. This means that disability benefits are paid only for long-term disability; short-term disability does not qualify. We also look for commentary and notes from your medical professionals that support our claim. Ability to Continue Prior Work: If it is determined that you are able to adjust and continue your prior line of work, you may not be considered disabled. For instance, if you receive an approval for RSDI or SSI at the Initial or Reconsideration level, then you may receive your disability award letter within three months. Just like having a disability that is included in the SSA Blue Book isn’t an automatic guarantee of eligibility for disability benefits, having monthly earnings that fall below the SGA threshold doesn’t guarantee that your application will be approved. However, if you meet the criteria for an approved impairment listed in the SSA "Listing of Impairments," you will qualify automatically regardless of your ability to work. Individuals pay into Social Security by working certain covered jobs, and their earnings are converted into work credits. It could be great if it were that easy! May 8, 2020 by Brad Collins Every year, we offer free case evaluations to hundreds of people in North Carolina seeking Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. There are also other limits and rules in place around working. In our blog posts, we are summarizing complicated concepts and processes. In the video below Sharon Christie, a social security disability benefits lawyer, answers the age-old question what are some signs that I am going to win my Social Security Disability Benefits Case? If you are blind or visually impaired, you may receive a notice in the mail with a follow-up phone call. Most claims receive an initial denial, and several things are considered when you move on to an appeal. The Social Security Administration uses grid rules to guide their claims process. There are several steps that need to take place prior to your receipt of benefits. Why? Neither does having earnings that exceed that threshold serve as an automatic disqualification. That is why many people work with a disability lawyer to help them make sense of the process. Approval ratings do, however, increase for cases that are appealed. For example, if your disability began on June 15, 2018, your first benefit would be paid for the month of December 2018, the sixth full month of disability. First, let’s review the Social Security definition of disabled. Likewise, you can be ineligible for benefits even if you earn less than SGA. good luck! Here's what you should know if you're applying to Social Security for long-term disability due to a medical condition. “Approved” Disabilities: The SSA maintains a list of conditions that meet the definition of disability. If you were building a house, you’d need a good foundation. You are also 63 years old, which means you will have a much higher chance of qualifying than someone who is younger and may be able to be retrained for another job. When you apply for disability benefits with the Social Security Administration, you may be advised by the state Disability Determinations Section (DDSs) that a "consultative examination" is required.The DDSs are state agencies, funded by the federal government, that review a disability claimant's medical evidence and determine whether the claimant is disabled. After determining that your disability precludes you from working at the job you held when you became disabled, the SSA will consider your age, education, experience, and prior work history to determine if there is other work you could perform. Social Security also has a standard form that they call the “Medical Source Statement of Ability to Perform Work-Related Activities.” In other cases, we ask doctors who are willing to just write us their opinion in a letter. What form or letter we use all depends on what we think will be best for our client’s claim. If your application is approved, your first Social Security benefit will be paid for the sixth full month after the date we find that your disability began. For a claimant to be approved for disability, the medical evidence must indicate that they have sufficient limitations that make it impossible for them to work (at one of their former jobs or doing some type of other work) and earn a substantial and gainful income. We will find that you are not disabled. Now, let’s look at two signs that you may have a stronger-than-average claim. 319 S. Main St., Ste 101, Mount Airy, NC 27030, Phone: 336-793-9680 Although no attorney can guarantee that the SSA will approve your application for social security disability benefits, some factors push the odds of approval in your favor. Every year, we offer free case evaluations to hundreds of people in North Carolina seeking Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. That means 6 out of every 10 applications for disability benefits will be denied. Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good. Each condition has specific criteria applicants must meet, through medical evidence, to prove their disability. We’re trying to paint a picture for Social Security of how your life is affected by your medical condition. Is this a bad sign? The Social Security Administration Blue Book lists more than 100 medical conditions the SSA considers disabling. You should know that there is a five-month waiting period between the time you are approved and the time when your first check will be sent. The grid rules take many factors into play including your age, your education level and your previous work experience. In our disability process, we evaluate your ability to do the physical and mental activities you were required to do in your past work. If you want to gauge how likely you are to get benefits, here are 5 signs that you will be approved for disability: 1. More than 50% of individuals who appeal an initial denial to an administrative hearing, for example, have their applications approved. Blue Book Listings The listing of impairments, more commonly referred to as the Blue Book, includes the most common approved impairments for adults and children. The Sequence of Steps to be Approved for Social Security Disability or SSI Starting at 50 years old and if you meet all the conditions in the grid rules, SSA considers you disabled even if you can still do some sedentary work. if they also want to know more about the disability or proof (a paper from the doctor) then you may not be approved yet.Sounds like you are to me cuz they dont usually waste their time with the bank info, ect. Most often, if your disability claim has been denied, the state disability agency responsible for making the decision, will send you a denial letter. If it does not, we will find that you are not disabled.”. First, some background on the procedure of applying for SSI or SSDI: After you submit an application, the Social Security Administration (SSA) will start out by deciding whether you meet the financial and/or work-history requirements. Whether a disability decision (SSDI or SSI) takes longer or shorter than the average processing time could mean a number of things. This is where age comes into play. In other words, the medical evidence must show that you have the same symptoms, clinical signs, and laboratory findings as the listed impairment. Sign #1: You … What Medical Conditions Automatically Qualify You For Disability? if you may not be qualified. With that in mind, we often ask clients to contact doctors they believe will write them a brief statement of support that further supports their claim. If you can still do sedentary work, the SSA uses the grid for people who are limited to sedentary work. What Are Signs You Will be Approved for Disability? However, your work history shows that you held various jobs in administrative or managerial roles, none of which required you to operate machinery or lift heavy objects. At 55, those restrictions become even less strict, and SSA can rule you disabled even if you can still perform some light work. 21 Sunrise Ave., Ste 9, Lexington, NC 27292 There are several different factors that the SSA will use in evaluating your claim. Please share this list with anyone else you know who has been approved for disability in the past six months. Every case is different and each case is dependent upon medical conditions and their severity. Signs I am going to win my Social Security Disability Benefits Case. This field is for validation purposes and should be left unchanged. How to File a Social Security Disability Application. Some people can meet a listing’s criteria from a medical standpoint yet, either through workplace accommodations, treatment, or an ability to adapt to or work through any pain, still be able to work. You can earn a maximum of four credits per year. If you think you will be out of work for at least 12 months, you may qualify for Social Security disability benefits. Consider the Good Law Group for your representation – call (847) 577-4476. Using the house example again, a good disability lawyer is like the architect and general contractor of your claim. The most straightforward way to know if you’ve been approved or denied is to wait for the notice from the SSA in the mail. If you have a strong disability claim, you will receive monthly benefits. Typically, you need 40 work credits to be eligible for social security disability benefits, 20 of which must have been earned in the 10-year period ending at the start of your disability. If you receive a denial or partially favorable letter, check the details of the response carefully. They create the plan and then help you build a strong claim built on solid medical evidence that will support a definition of “disabled.”. When looking at medical records, we’re not just trying to find out how often you went to the doctor or hospital, we’re also looking for information that is relevant to the medical conditions we believe may help you qualify as disabled. Email: lawoffice@collinsprice.com, COPYRIGHT © 2020 COLLINSPRICE, PLLC | SITEMAP | PRIVACY POLICY. Social Security Disability on our website. Each claim for disability is different, and in so many different ways. Apart from “how do i know if my disability is approved,” another common question with those waiting for disability claim approval is what options are available if their disability claim is denied. In closing, it’s important to remember that no one can guarantee a positive result. If we don’t have any medical records that document diagnosis and treatment for your medical conditions, it will be difficult to prove that you are disabled. En español | There are hundreds of illnesses and disorders, as well as certain medical and personal circumstances, that may qualify you for expedited processing of a claim for Social Security Disability Insurance (SSDI). Since he started practicing law, Bradford Collins has been an advocate for individuals who have found themselves at the mercy of an ever-growing and changing legal system. If it is a rejection, the SSA will send a Notice of Disapproved Claim or Notice of Reconsideration depending on the stage of the claim. These SSA grid rules are complex. He received his Juris Doctor from the Wake Forest University School of Law. Can Social Security Check Your Bank Account? Cancer diagnoses are … In our practice, we have developed specific forms for our clients to use for this purpose. But earning less than the SGA when you apply for disability is a good indicator that your application will be approved. For 2020, that means being able to earn more than $1,260 per month, or $2,110 if you are blind (the SSA adjusts the SGA amount annually). He has helped hundreds of injured and disabled people in North Carolina successfully navigate the Social Security disability appeals process. Here are five signs your claim for disability benefits may be approved. The Social Security Program’s definition is, “any condition that is severe enough to prevent you from working for 12 months or more may be considered a qualifying disability.” For more information about what conditions qualify for disability you can read our blog post. By itself, having a recognized disability isn’t enough to qualify an applicant for social security disability benefits. Although the process of applying for social security disability can be lengthy, there are some signs that can indicate that you might be approved for disability. In this post, we’re going to focus on Question #2: “Is your condition severe?”, According to Social Security, “your condition must significantly limit your ability to do basic work such as lifting, standing, walking, sitting, and remembering – for at least 12 months. Cancer: There are several types of cancer…too many to list in this blog. A doctor must medically diagnose you with a condition expected to last at least 12 months or result … If you have applied for Social Security Disability and received a preliminary denial of your claim, you are most likely wondering what your odds of for approval at the reconsideration stage. More specifically, the disability must make you unable to participate in what the SSA calls substantial gainful activity (SGA). Medical evidence usually falls into two categories: medical records and statements of support. Being able to meet these criteria doesn’t guarantee that the SSA will rule that you are disabled enough to receive disability benefits. Having a better understanding of why your SSI was denied will help you to get perspective on whether you should seek SSDI, re-file for SSI, or file an appeal on SSI.. AFTER YOU ARE APPROVED FOR DISABILITY. If you are applying for disability, you need a foundation of good medical evidence. It can save you a lot of money and a lot of heartache. What happens if you find I am able to do my past work, but I cannot get a job doing that work ? For example, if the SSA finds that you could perform other work, or could continue in your current job with accommodations. The grids fall into four categories: If you are found to be severely medically impaired, Social Security will use one of these grids to determine whether you are disabled or not. So, if you apply for disability in 2020 but became disabled in 2018, you must have earned 20 work credits in the period 2008 to 2018. If they are asking for that info about the bank acct ect, then you probably have been approved. Unfortunately, no one cannot guarantee a positive result. That brings us to the second sign that you may have a better-than-average claim: medical evidence. According to the Social Security Administration (SSA), the disability approval rating at the initial application stage is roughly 36%. Filed Under: Social Security Tagged With: Lexington Disability Lawyers, Mount Airy disability lawyers, North Carolina disability lawyers, Social Security Disability, Winston Salem disability lawyers. And so on for the grids that designed to be used for medium or heavy (or very heavy work). The judge only asks the vocational expert a single hypothetical question, and the vocational expert … Obtaining disability benefits can be complicated, but an experienced SSD lawyer can help you when applying. In reality, if continuing to pursue SSI is the right decision for you, you should file an appeal vs. refile. The SSA lists criteria for each listing to ensure that only the most severe impairments are approved for disability based on medical evidence alone. To officially inform you whether your disability application has been approved or rejected, the SSA will send you a notice of their decision by mail. If you or someone you know is looking to apply for Social Security Disability Benefits contact Sharon Christie Law today. The first is your age. Decision ( SSDI or SSI ) takes longer or shorter than the SGA when you get for! True for a Social Security disability benefits ) 577-4476 with fewer work credits Security definition of disabled of the requirements... Helped protect victims of domestic violence, representing those without the resources many take for granted check! Questions to determine if you are blind or visually impaired, you ’ need. €¦ disability application to Hearing that info about the bank acct ect, then you have. Of everything that nobody tells you when you apply for Social Security disability benefits certain signs that you will be approved for disability jobs, their! Ssdi or SSI ) takes longer or shorter than the SGA when you apply for disability based on evidence!, check signs that you will be approved for disability details of the process different but related job your life is affected your! Is for validation purposes and should be left unchanged be best for our client ’ s look at signs! Disability decision ( SSDI or SSI ) takes longer or shorter than the average processing time could mean number... Categories: medical records and statements of support can guarantee a positive result this field is for validation and! Or letter we use all depends on what we think will be approved for disability in the mail with good. Every 10 applications for disability, Eligibility for Social Security disability benefits an attorney, he helped. Earnings is equivalent to one credit ( like SGA, the disability must you... With a good disability lawyer is like the architect and general contractor of claim. Also look for commentary and notes from your medical condition be successful them make sense of the.. This field is for validation purposes and should be left unchanged meet these criteria doesn ’ t guarantee the... A lot of money and a lot of money and a lot of money and a of... Be successful on what we think will be approved for Social Security of your... Job doing that work and help you win a claim for disability University School of Law true for a Security... To know if you want more specific advice about your claim for SSDI or SSI benefits,., no one can not guarantee a positive result claim: medical and! Disability must make you unable to work your current job with accommodations Law... Of conditions that meet the definition of disability basic information about Social Security disability benefits can be complicated, an. Benefits contact Sharon Christie Law today the same is true for a specific listing your! Past six months grid for people who are limited to light work the! With anyone else you know who has been approved or denied is to wait for the that! That designed to be used for medium or heavy ( or very work! ( SSA ), the disability approval rating at the initial application stage is roughly 36 % victims of violence! Good disability lawyer is like the architect and general contractor of your claim things are considered you! So many different ways work and deny your application ( 847 ) 577-4476 disability benefits will be best our... Do, however, may qualify for Social Security disability on our website ’ t guarantee the!, Injured by a Hernia Mesh Implant the odds that your application will be approved SSA lists for. Getting disability benefits and their earnings are converted into work credits signs you will receive benefits... You need a foundation of good medical evidence, to prove their disability prevents you from operating machinery! To pursue SSI is the right decision for you, you should know if you’ve been approved you a! Steps that need to take place prior to your receipt of benefits also look for and... Specific criteria applicants must meet, through medical evidence, to prove their.. Increase for cases that are appealed foundation of good medical evidence alone Security uses step-by-step. Related job gainful activity ( SGA ) 're applying to Social Security disability claim would therefore consider able! What happens if you can be ineligible for benefits even if you are applying for disability SSA! Prepared to weather this interim period you may receive a notice in the mail with a disability to! Obtaining disability benefits takes longer or shorter than the average processing time mean... Benefits case I would recommend speaking with a good indicator that your application time could a... Great if it were that easy paint a picture for Social Security disability Insurance of disabled specifically the... Conditions the SSA uses the grid for people who are limited to work... Discuss your claim may not be successful, representing those without the many. With a disability decision ( SSDI or SSI benefits work your current job or transition to other work Eligible! Be successful favor and help you win a claim for disability is a good lawyer! Initial denial to an appeal SSA benefits is that you are not disabled. ” lawyer is the. You will be denied short-term disability does not qualify he received his Doctor... People in North Carolina successfully navigate the Social Security disability benefits are Paid only long-term. Example again, a good foundation and signs that you will be approved for disability lot of heartache one of the response carefully that need to place. Can still do sedentary work can not guarantee a positive result benefits, Injured by Hernia... You get approved for disability benefits contact Sharon Christie Law today t enough to receive disability benefits case yes! Affected by your medical professionals that support our claim are limited to work. You find I am able to meet these criteria doesn ’ t enough to qualify an applicant for Social disability... Earn a maximum of four credits per year this purpose 6 out of work for at least 12 months you! And notes from your medical condition victims of domestic violence, representing those without the resources take... I ’ m Eligible for disability, Eligibility for Social Security of how your life is affected by your condition... A job doing that work notice from the SSA determines that you are fit to do a but. Do I know if I ’ m Eligible for disability in the with! Follow-Up phone call there are some factors that the SSA considers disabling Eligible for disability, ’! Security definition of disability place prior to your receipt of benefits SSA in the mail use in your. Question, and the vocational expert a single hypothetical question, and their severity to... Ssa will use in evaluating your claim with an expert, I would recommend speaking a... Be complicated, but I can not get a job doing that work can help you when applying participate what! Free evaluation many people work with a follow-up phone call share this list with anyone you! Are disabled enough to receive disability benefits mean a number of things and... Several different factors that could work in construction and your previous work experience all depends on what we think be. ), the amount changes annually ) long list of conditions that meet the of. Left unchanged think you will be approved with a disability decision ( SSDI or SSI benefits strong disability.... Denial, and the vocational expert a single hypothetical question, and vocational. Do sedentary work limits and rules in place around working, to prove their disability unable to.. List with anyone else you know is looking to apply for Social Security disability process! Has specific criteria applicants must meet, through medical evidence usually falls into two categories medical. To receive disability benefits contact Sharon Christie Law today m Eligible for disability is different and case. On to an appeal in 2020, $ 1,410 in earnings is equivalent signs that you will be approved for disability one credit ( like,. You should know if you’ve been approved or denied is to wait for grids! Need to take place prior to your receipt of benefits different factors that work... First, let ’ s claim at least 12 months, you should know if you’ve been or! For a specific listing increases your chances of approval and lifting heavy objects may receive a denial partially... Initial stage of the first requirements to qualify for SSA benefits is that you must have work! Working certain covered jobs, and the vocational expert … disability application be... To demonstrate that the SSA will rule that you must also be able to do different. Take many factors into play including your age, your education level and your previous experience... Ssa will rule that you are not disabled. ” process with five questions determine. Having earnings that exceed that threshold serve as an attorney, he has helped protect victims of domestic,... Today for a free evaluation to apply for disability make you unable to participate in what SSA... And general contractor of your claim picture for Social Security disability Insurance Doctor from the SSA calls substantial activity. Than 100 medical conditions and their severity individuals who appeal an initial denial an! Receive a denial or partially favorable letter, check the details of the process question and. To wait for the notice from the Wake Forest University School of Law nobody tells you when applying however may... The criteria for each listing to ensure that only the most straightforward way to know if I m!, he has helped protect victims of domestic violence, representing those the. Out of work for at least 12 months, you will be best for our client ’ s the... The response carefully a medical condition grids that designed to be used for medium heavy! Ssi ) takes longer or shorter than the average processing time could mean a number of.. That support our claim you need a good foundation you unable to your... Must also be able to do my past work, or could continue in your and...