Any time someone is injured on the job, it can be a daunting experience and you may be unsure of where to turn to next. There are important things that workers must understand regarding the ways to become eligible for Social Security Disability benefits. However, what some people normally believe to be disability may be different than what is defined by the Social Security Administration (SSA), making the process more complicated than originally thought. This is why you should speak with a Social Security Disability attorney who can help guide you through these matters and seek a successful resolution.
According to the SSA, in order for someone to be eligible for disability based on their definition, they must be medically determined as physically or mentally unable to engage in substantial gainful activity. This means the injury or condition is expected to result in death, or it has lasted or is expected to last for 12 continuous months at the minimum. The SSA describes substantial gainful activity as any work performed for income or profit, any work that is naturally performed for income or profit, or work that is intended to be performed for income or profit, regardless of actual profit.
The SSA uses the worker’s ability to perform substantial gainful activity as just one of the factors when determining eligibility to Social Security Disability. At the end of the day, the SSA considers numerous factors such as whether or not the worker can perform the same work he or she once did prior to the injury or condition, if they are able to perform some other form of work or not, and how long the disability has lasted. It is a strict standard that must be met before any kind of benefits can be received by the worker.
Obtaining Social Security Disability benefits can be a strenuous process in which there are certain questions that must be answered to approve the worker to receive the benefits. For instance, the SSA will want to know if you are still working. This can affect your ability to get benefits. The same can be said if the condition is not severe enough or whether or not it is included on the disabling condition list. You may be evaluated to determine if you can do another type of substantial gainful activity. In some situations, there may be a way for the worker to receive benefits making up for the income missed by having to work at a lower position than he or she was at prior to the injury or condition.
Before you move forward with the process, it is crucial that you know your rights and options, especially if you are initially denied for Social Security Disability benefits. Many of the initial applications for benefits are denied and it isn’t until the appeal that a majority of these cases are resolved. This is why it is so important for you to have the skilled guidance of a Social Security Disability lawyer who understands what it takes to prove that you are eligible for these benefits. This is what you’ll find at our firm.
Donati Law, PLLC is a dedicated firm who has helped countless clients reach their desired result after sustaining a serious injury on the job. We make sure you understand the entire process so you are not caught off guard, also helping you know what to expect at each step. We encourage you to call our firm today so you can discuss your Social Security Disability benefits claim and learn more about what the process is like.