When a person has a disability that prevents them from continuing to work, they may qualify for Social Security Disability (SSD) benefits. However, the Social Security Administration (SSA) has strict eligibility requirements to receive disability benefits. As a result, many people who have valid disabilities receive denial notices from the Social Security Administration.
A knowledgeable Social Security Disability lawyer can gather your employment history and medical records and prepare a solid initial application on your behalf for SSD benefits. If you have had a disability claim rejected, an experienced attorney can file an appeal and guide you through the appeals process. Keep reading to learn more about the essential elements of a robust disability application and how a Social Security disability attorney could help you.
Key Factors in SSD Claims
To get approved for Social Security Disability Insurance benefits, applicants must show that they have a qualifying impairment that prevents them from maintaining substantial gainful employment. The critical factors in a solid SSD claim include the following:
Have a Solid Work History
Eligibility criteria for Social Security Disability Insurance include having an established work history. The Social Security Administration measures work history by work credits. Workers gain credits by working, earning taxable income, and paying taxes into the Social Security system. A worker can earn up to a maximum of four credits per year. Most people will need 40 work credits to show they have paid Social Security taxes and qualify for Social Security Disability Insurance benefits, with half the credits earned within the 10 years before the onset of the disability. Younger workers may qualify with fewer credits.
Having a solid work history can improve your credibility with the claim examiner or administrative law judge (ALJ). A solid work history demonstrates to the examiner or ALJ that you would work if not for your disability. If you have not worked enough years to qualify for SSD benefits, you may still be eligible for Supplemental Security Income SSI. Speak with an attorney who understands disability law.
Get Supportive Statements from Your Treating Physicians
A robust Social Security disability claim will have the support of your treating physician and other medical providers. A written report or testimony that you have a qualifying disability from your medical providers can substantiate your claim. Opinions from your doctors can be persuasive because your medical providers have treated you over a long period and can attest to the severity of your disability and how it affects your daily life. Medical records from your treatment that align with your doctors’ opinions can be crucial to substantiating your claims.
Get Regular Medical Care for Your Disability
You must show that you have sought consistent medical treatment for your disability. You should attend follow-up doctor appointments and physical therapy sessions. If you fail to seek treatment for your medical condition, the examiner or ALJ might conclude that your disability does not cause you a severe impairment that would qualify you for SSDI.
Pass the Consultative Examination
In some cases, the Social Security Administration will require an SSD applicant to undergo a consultative examination with a doctor selected by the SSA. Doctors who perform consultative examinations for the agency take a very restrictive view of what constitutes a qualifying disability.
In many cases, the consultative examination report will conclude that an applicant’s impairments do not preclude the individual from performing all types of gainful employment, and therefore, the person does not qualify for benefits.
If the consultative examination report supports your disability claim, you will have a strong application, especially if the doctor who performed the examination reaches the same conclusions as your treating physicians.
Remember that even if the consultative examination does not favor your claim, you still have a chance at a successful application. SSA regulations typically require examiners or ALJs to give consultative examination reports less weight than the opinions and reports of an applicant’s treating physicians.
Gather Evidence of Your Disability
A strong Social Security disability claim will need significant medical evidence of your disability. At a minimum, your application should include copies of medical records of treatment you have received for your disability. Remember to provide an explicit diagnosis of your condition from your doctor and results of diagnostic testing, such as lab results, physical exam reports, or radiology scans. Your medical records should also note any medications you take for your disability.
Other evidence that might support your disability claim includes work restriction slips from your treating physician or employer and documentation of disability accommodations you requested and received from your employer. These records may show how the progression of your medical condition has rendered you unable to continue working or prove that you’ve tried reasonable accommodations to keep working despite your condition.
You should also provide documentation from other disability claims you have filed, such as workers’ compensation or short-term disability insurance claims. These documents may provide additional evidence to show that your medical condition prevents you from working.
Finally, you might provide written statements or oral testimony from family members, friends, and co-workers about how your medical condition has affected your personal and professional life. These statements and testimony can discuss the daily activities, hobbies, or work duties you can no longer perform due to disability.
Get Legal Help from Our Experienced Social Security Disability Lawyer Near You
If you are applying for Social Security disability benefits because a medical condition prevents you from working, you need an experienced disability benefits lawyer to build a compelling application that clearly demonstrates why you are eligible for disability benefits. At Kraft & Associates, Attorneys at Law, P.C., a Social Security disability attorney can help you pursue the SSDI benefits available by law. Our lawyers work on a contingency-fee basis, which means you don’t pay unless we recover money for you. Call us at (214) 999-9999 or fill out our contact form for a free consultation with a Dallas, TX Social Security disability lawyer about your legal options. Our law firm has been providing legal representation to disabled Texans for more than 50 years. Our Social Security Disability lawyers can explain how our team can assist you.
