Social Security Disability
Disabled persons who apply for Social Security disability
get very frustrated because their claims are often
Social Security defines a disability as "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 no less than twelve months."
In plain English, to be eligible for disability benefits,
you must be unable to work. This is not like a workers comp
claim where you are found to be disabled if you canít do
your former job. Under Social Security rules you must simply
be unable to work at anything at which you earn money.
Social Security denies a large percentage of claims on the
first go-around. Then you have to file a Request for
Reconsideration, and a significant percentage of these are
also denied. The next step is to file a Request for Hearing,
at which an administrative law judge will give you an
opportunity to tell him why you are unable to work. A large
percentage of claims are approved after a hearing.
Unfortunately, the process is lengthy. From the time a
Request for Hearing is filed (after the first two denials)
until you actually get to a hearing can be a year or more.
Then it can take several more months to actually get a
decision from the judge and maybe a couple of more months
until you see any money. The total process is usually 18
months to two years.
For more Social Security disability information, please
visit our disabiity website,
are disabled and unable to work, regardless of whether you
have worked in the past, please call our office to schedule
a free consultation to evaluate your claim.