If you need help with Social Security disability benefits, an attorney can ensure you complete the long and involved process correctly. If you were wrongfully denied benefits, you may be eligible to file a Social Security disability lawsuit.

Social Security benefits: Overview

Social Security Disability Insurance is a federal program that provides benefits to workers in the case of a disability. Unlike private insurance policies which provide benefits based on premium payments, workers contribute to Social Security through taxes on paychecks. After working for a number of years, they become eligible to use these paid taxes as insurance benefits in the case of disability.

Although many young workers never expect to become disabled, it is more common than they might assume. One in four 20-year-old workers become disabled before reaching retirement age — meaning that young workers have a 25% chance of becoming disabled.

Unfortunately, the definition of disability is strict under Social Security rules. Under the Social Security Act, a person is defined as disabled if they are unable to work due to their severe medical condition. This includes conditions that prevent workers from doing what they did in the past or from adjusting to other work. The disabling condition must have lasted or must be expected to last at least one year, or must be expected to result in death.

This definition of disability is far stricter than other insurance policies. Due to the strict definition, the outcomes of Social Security disability beneficiaries are not positive.

In fact, according to the Social Security Administration, these beneficiaries are three times more likely to die in any given year when compared to people of the same age. In people who start to receive Social Security disability benefits at the age of 55, the administration reveals that one in six men and one in eight women will die within five years of disability onset.

If you are disabled, you may qualify for Social Security disability benefits to help pay your bills, living expenses, and medical needs.

Why is the application for disability benefits so long and confusing?

Social Security Disability Insurance is a federal program designed to be a safety net when a worker loses the ability to earn a living due to a qualifying disability.

If I am disabled to the point I can no longer perform my job, isn’t that enough evidence?

No, the process is much more complicated. Keep in mind the Social Security Administration will see if you have skills that can be transferred to a different job and determine whether you can do any type of work, not just the work required of your current job.

An experienced disability attorney can help with Social Security disability applications and allow you to prove how impactful your disability truly is.

How do I qualify for Social Security disability benefits?

To be eligible for Social Security disability benefits, you must have worked at a job during which you paid into the Social Security System in the past 10 years, which means you have earned work credits that qualify you to receive benefits.

Your age will determine the number of years you needed to have worked, but the majority of applicants under age 50 will have needed to work at a job where they paid FICA tax for a minimum of five of the previous 10 years. FICA tax is the portion of taxes that go toward Social Security funding.

Why might Social Security disability benefits be denied?

The Social Security Administration may be considering monitoring the social media accounts of people who receive disability benefits, according to The New York Times. Private insurance companies that offer disability insurance already monitor some recipients for instances of potential fraud, and the SSA’s Office of the Inspector General (OIG) used social media to arrest more than 100 people for defrauding SSDI of millions of dollars in 2014 alone, reports Reuters.

By covertly surveilling people who receive benefits, insurers may be able to capture photos or videos that contradict patients’ claims of disability and use this evidence to deny disability applications. This surveillance may be done online or out in the world.

However, social media surveillance may not provide an accurate view of disabled people’s abilities. Someone with a condition that results in “good days” and “bad days” may post a photo of themselves taking a walk one day, while the next day they are unable to get out of bed. It is also difficult to tell whether images posted on social media were taken the same day or years before. Disability advocates have called social media surveillance an invasion of privacy, and claim that it may lead to disabled people being unfairly denied benefits.

Despite the potential issues with social media surveillance, people who are applying for disability benefits may still want to be aware of what images they are posting online.

In order to protect themselves from potential surveillance, patients may also want to follow their doctors’ instructions regarding physical limitations, even on days when their condition may not be flaring up. If you need help with Social Security disability applications or appeals, an attorney may be able to provide you with additional tips on how to support your claims.

What is the listing of impairments?

The Social Security Administration publishes an online Listing of Impairments, which consists of a list of criteria that outlines conditions that qualify people for disability benefits and explains how someone suffering from long-term conditions can qualify.

Part A of the Listing of Impairments includes medical criteria regarding the evaluation of impairments in adults who are 18 years of age and older. Part B consists of the Listing of Impairments and evaluation criteria for disabilities that affect children under the age of 18.

Because the Listing of Impairments is a complicated document that involves specific medical terminology and documentation requirements, an experienced disability attorney who is familiar with the process can help make sure you have everything you need to qualify for the disability you have.

Aren’t most applications for Social Security disability benefits approved quickly?

No, they are not. In fact, 70% of first-time applications for Social Security disability benefits are denied. These applicants are then forced to go through an arduous, complex and slow appeals process that can take years.

How can an attorney help with Social Security disability benefits applications?

An experienced disability lawyer knows the evidentiary requirements well and can ensure your application is complete the first time you submit it to the federal government. The attorney will ensure you turn in all the required documentation from your doctors regarding your medical condition and from your employers regarding your wages and years worked.

If you have already submitted your application and been denied, an attorney can help you with the appeals process. If all else fails, a case that is denied through multiple appeals may be able to be taken before a federal judge. Less than 1% of all disability claims are taken to court.

The application and appeals process can be complex and overwhelming, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney.

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This article is not legal advice. It is presented
for informational purposes only.