Social Security & Veteran Disability Benefits
You may qualify for Social Security Disability Benefits if:
You can’t work due to a medical problem or serious injury, and You have worked long enough and paid enough work credits into the Social Security trust fund.
Our law firm can help you get the maximum disability benefits that you have earned through your many years of employment and your contributions to the social security system. We will help you with every step from completing the application representing you at any administrative hearing.
Call 803-929-0577 for a FREE consultation. For all Social Security and Veteran Disability cases, it will cost you nothing unless you win your case. You may also qualify for both Social Security Disability and Veteran Disability Benefits if you are an honorably discharged veteran who suffered a new injury or aggravated a pre-existing injury during your military service. It costs nothing to speak to us and to have your case evaluated.
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HOW IS DISABILITY DETERMINED?
The Social Security Administration has a 5 step process in determining if an individual is disabled:
STEP 1
Is the Applicant Working at a "Substantial Gainful" Level?
What is Substantial Gainful Activity (SGA)? SSA uses the term SGA to describe a level of work activity and earnings that involves performance of significant mental or physical activities, or a combination of both. Gainful work activity is work performed for pay or profit, or work intended for profit, even if profit is not realized. Each year, SSA sets an amount of gross monthly earnings that are considered to be SGA. The type and amount of supports an individual receives while at work is taken into consideration when determining SGA. SSA will evaluate the applicant's work activity If the applicant is working and earning gross monthly wages equivalent to or exceeding SGA, the claim will be denied.
The applicant is potentially eligible if they are: Not working or Working, but not at SGA.
STEP 2
Does the Applicant Have a Severe Impairment?
At Step 2, SSA considers the medical severity of the applicant's medically determinable impairment and its duration. An impairment is considered severe if it significantly limits the applicant’s physical or mental ability to do basic work activities. Case managers can help by clearly and accurately presenting information about the person’s functioning. DDS considers physical activities involved in work, such as standing, walking, lifting, carrying, seeing, hearing, and speaking. They consider mental activities such as understanding, remembering, and carrying out simple instructions, judgment, responding to supervision, dealing with changes. If the impairment is considered severe the application moves to Step 3. If the impairment is not severe the application is denied.
STEP 3
Does the Impairment Meet or Equal the Listing
This step is perhaps the most critical as it is the first point at which a person can be found disabled. Ideally, there is enough information for the DDS adjudicator to make a disability determination at this step. The Listing of Impairments, (also known as the "listings"), is SSA’s categorized lists of illnesses/conditions and the severity criteria that must be met for a person to be considered disabled. (You will learn more about the listings in Class 4). A diagnosis alone is not sufficient simply because it is a listed impairment. Medical evidence must be provided that documents how the illness "meets" or "medically equals" a listing. To "meet" a listing, an impairment must meet the severity of a set of criteria for the impairment in the listing. To "medically equal" a listing, the impairment(s) must be at least equal in severity and duration to the criteria of any listed impairment. Significant functional limitations must be demonstrated. A person may be found disabled at Step 3 and begin receiving benefits. If the evidence is not sufficient to meet a listing, the examiner moves to Step 4.
STEP 4
Does the Impairment Allow for Past Relevant Work?
DDS looks at work the applicant has done in the past (generally the last 15 years). They also assess the applicant’s residual functional capacity (RFC) based on their current functional abilities. Considering their RFC, DDS determines if the person can do work they have done before. The SSA does not consider whether the applicant can get a particular job, just that the job exists. If the applicant is determined to be able to do their past work the application is denied. If the applicant is unable to perform their past work, the application moves to Step 5.
STEP 5
Can the Person Do Any Other Work?
DDS must assess whether a person can adjust to any other work despite their impairments. DDS takes into consideration the applicant’s RFC and other vocational factors, including age, education, and experience. The DDS determines if the applicant can do other work that exists in the regional or national economy. If your case advances to an administrative hearing, there will likely be an expert to tesify existing jobs that meet the claimant's abilities. DDS consults the Dictionary of Occupational Titles (a listing of jobs and descriptions of tasks, skills, and level of exertion required to perform these jobs). Vocational factors are important.