If you’re struggling with a disability and can’t work, you already know how drastically your life can change. Not only are you dealing with all the medical and emotional stressors of that disability, but you’re no longer bringing in an income. And that can be scary. The good news? The federal government offers two disability programs to help disabled individuals just like you. The bad news? Most applicants get turned down for these benefits during the initial application process. Don’t make the mistake of trying to navigate a complex disability claim on your own. Let the experienced Philadelphia disability attorneys at Silver & Silver help improve your chances of success, either at the initial application or the appeal process.
The Complicated Nature of Social Security Disability
As of December 2021, over 9 million people were receiving disability benefits through the Social Security Administration (SSA). And every year, millions more apply for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). However, only about a third of those who apply are found eligible for benefits upon initial application. Why are so many turned down for benefits?
When it comes to federal disability programs, the answers are never simple, partly because the process itself isn’t simple. Consider the following steps that SSA takes for each applicant.
How much money do you make?
As an applicant, you need to prove your disability affects your earning power. This means that for SSDI, your income must fall below what it calls a Substantial, Gainful Activity Level. Because SSI is specifically a needs-based program, your income will also significantly affect your eligibility. There are also other non-medical criteria you must meet before you can be considered eligible for benefits.
How severe is your condition?
Once your non-medical requirements are verified, SSA must determine if your condition is severe enough to qualify for benefits.
Your claim will be assigned to a Disability Determination Services (DDS) examiner in your state. The examiner will use various means to prove the severity of your condition, from ordering medical records from your own doctors to considering your answers to an Activities of Daily Living and Vocational Questionnaire to findings from a visit with a Consultative Examination doctor of their choosing. Your physical or mental condition must be severe enough to limit your ability to perform basic work activities to qualify for benefits.
Does your condition meet or equal Social Security’s official definition of disability?
Your condition will be compared with Social Security’s Listing of Impairments. The specific listing under which your particular claim will be evaluated will depend on the type of condition you have. You are eligible for disability if the DDS examiner determines your condition meets one of their medical listings. If not, your condition will then be evaluated to see if it prevents you from working based on your previous work history.
What is your past work history?
Does your condition prevent you from doing the work you’ve done in the past? To determine this, the examiner determines what’s known as your Residual Functional Capacity (RFC). Your RFC identifies what you are and aren’t able to do, considering your condition. The examiner will look at all your symptoms and impairments, both physical and mental, and estimate what work you’re able to perform and what limitations you have.
Your examiner will then consider your Past Relevant Work (PRW). This is any relevant work you’ve performed during the past 15 years. The examiner will classify it by skill and exertion levels and then decide if you have the functional capability to perform anything like your past work.
Can you do other work?
The examiner will also look at other possible jobs you may be able to do, even if you haven’t done them in the past. To do this, they will use your RFC, previous work experience, and education.
Your education, age, and work experience give the DDS examiner an idea of what other kind of work you would be qualified to do. Your education can affect the skill level you might be limited to, as well as work experience, skills, and abilities that might be transferable to other kinds of work. For example, a skilled nurse may have formerly worked at a high exertion level but now can no longer perform at that intensity of work. He or she may have acquired skills as a nurse to be able to work as a medical assistant performing work at a lighter exertional level.
How old are you?
Finally, your age may be a factor in your eligibility for disability benefits. The older you are, the less likely you will be able to compete in the job market against younger workers. While younger people have a higher burden of proving they can’t perform any type of work, older adults are considered for benefits through the Medical-Vocational Guidelines or Grid Rules.
Basically, the Grid Rules consider an applicant’s education and transferable skills based on an age-related scale. Generally, the older, less educated, and fewer transferable skills you have, the more likely your examiner will find you eligible for benefits.
Does This Seem Complicated? It Is!
At any point in this series of determinations, a DDS examiner can determine you’re not disabled enough to qualify for benefits. Then what? You have the option to appeal this denial, but in the meantime, months have gone by without financial assistance. And the appeal process can take just a long.
Fortunately, getting the assistance of a Philadelphia disability attorney can enhance the likelihood of an approval for disability benefits the first time around.
Why Hire Our Philadelphia Disability Attorneys?
Hiring a Philadelphia disability attorney ensures that all aspects of your disability claim will be handled professionally, efficiently, and comprehensively. You not only get a strong legal advocate on your side, but you also get the peace of mind of knowing that your claim was overseen by someone with extensive experience who has seen it all before, hundreds of times. If you’ve already been denied, a skilled disability attorney will guide you through the appeal process to ensure your greatest possible success.
At Silver & Silver, our experienced Philadelphia disability attorneys understand how critical these benefits can be to your and your family’s physical, emotional, and financial well-being. With over 40 years of experience assisting thousands of clients with their disability claims, we are here to help you, too. Schedule a free consultation through our website or by calling us at (610) 638-7255.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.
