Social security disability is a complicated maze of forms and medical records. However, anyone with an injury or illness expected to last a year or more should apply. The key to approval is having medical verification of a disability. The Social Security Administration has a list of conditions that are considered disabling. People who don’t have evidence of disability will be denied.
Social Security defines disability as the inability to do one’s previous job, or any other substantial, gainful activity, due to a severe physical or mental impairment. The criteria to make a disability application, include:
1. having insured status for disability-must have earned enough money in the required number of quarters before the disability began
2. be under normal retirement age
3. have a disability currently, or in the twelve months before the month in which the application is filed
4. establish a waiting period of five consecutive months, beginning with a month in which the applicant was insured and disabled
Having an attorney makes the process easier. Anyone having problems with Social Security in Tuscaloosa, should contact the law offices of Lewis, Smyth, Winter and Ford. They have years of experience handling social security claims. Social security employs a state agency to review applicant’s files. They review various aspects of applications, including residual functional capacity, or RFC. The workers study how the applicant’s illness affects the ability to perform their current job. They will also study whether the person’s age and education allows them to be retrained for another job.
Individuals denied social security in Tuscaloosa, must file for Reconsideration. The attorney files the Reconsideration, which involves a second group of state employees reviewing the applicant’s records. If the Reconsideration is denied, the attorney will file for a hearing. At this point, the applicant will be able to make a case for disability before an Administrative Law Judge. The agency will have medical and vocational experts testify about the applicant’s condition. The applicant can testify and produce additional evidence. If denial follows the hearing, the attorney may appeal to the Social Security Appeals Council. If denied again, the claim can be appealed to United States District Court. If you fit the criteria, apply for disability and begin the lengthy process.
