Social Security Disability
At Anderson & Ackerman Law Group, we help individuals navigate the complex Social Security Disability process to obtain the benefits they deserve. If you are unable to work due to a physical or mental impairment, you may be eligible for Social Security Disability Insurance (SSDI or DIB) or Supplemental Security Income (SSI). Our firm is dedicated to guiding you through every stage of the claims process, whether you filed already yourself or not, from initial application through hearing and federal court appeals.
WHAT IS SOCIAL SECURITY DISABILITY?
The Social Security Administration (SSA) defines disability as the inability to engage in substantial gainful activity (SGA) due to a severe medically determinable physical or mental impairment that has lasted or is expected to last at least 12 months or result in death.
To meet this definition, the impairment(s) must prevent the individual from performing their past relevant work and any other substantial gainful work that exists in substantial numbers in the national economy, considering their residual functional capacity, age, education, and work experience.
THE FIVE-STEP EVALUATION PROCESS
SSA uses a five-step sequential evaluation process to determine whether a person meets the definition of disability described above, and meets the eligibility requirements to receive disability benefits. It is a complex evaluation, but here is the process broken down into simple terms:
Are You Working?
If you are earning more than the set “SGA” threshold, you are considered not disabled. If you are not, the evaluation goes to step 2.
Is Your Condition Severe?
Your impairment(s) must significantly limit your ability to perform basic work activities. If you do not have a severe impairment, you are considered not disabled. If you do, the evaluation goes to step 3.
Does Your Condition Meet or Equal a Listed Impairment?
SSA has “listings” of medical impairments that are considered disabling. If your condition(s) meet or equal the criteria of a listing, you will be found disabled. If not, the evaluation still goes forward at step 4.
Can You Perform Your Past Work?
If you are unable to perform the duties of your previous jobs, the evaluation continues to step 5. If you can still perform your previous jobs, you are not considered “disabled.”
Can You Do Any Other Type of Work?
SSA then considers your age, education, work experience, and your residual functional capacity to perform work activities to determine if other jobs exist in significant number that you can do. If there are none, you are considered disabled.
The Social Security Claims Process
Initial Application
The first step is submitting a claim with medical evidence and work history.
Request for Reconsideration
If denied, within 60 days you can request the decision be reconsidered.
Hearing
If your reconsideration request is denied, you can request a hearing before an Administrative Law Judge where you can provide your own testimony. It is best to have an experienced disability representative with you at this stage.
Appeals Council
If the ALJ denies your claim, you can appeal their decision to the Appeals council.
Federal Court
If denied again, you can start over with a new claim if things have worsened, or file a lawsuit in federal court.
To learn about the differences between supplemental security income benefits and social security disability insurance / disability insurance benefits, visit our page here.
Contact Us Today!
If you are unable to work due to a disability, don’t face SSA alone. Call Anderson & Ackerman Law Group today for a FREE consultation, and let us help you get the benefits you need!
