The Social Security Administration’s definition of “Disabled” Is not the same as other government agencies
One of the confusing aspects of qualifying for Social Security disability benefits is that the Social Security Administration has its own definition of the word “disabled” and that definition is different than what is used by some other agencies.
For example, the Veteran’s Administration, various state workers compensation programs, and private insurance companies all have various types of coverage that is dependent on qualifying as “disabled.” However, each organization uses a different definition.
Sometimes it is difficult to predict whether a disability will qualify for Social Security disability benefits
Predicting how the Social Security Administration will rule on a particular disability is not always easy. Clearly, life-threatening conditions such as terminal cancer, or totally disabling conditions such as complete paralysis match the qualifications for disability benefits.
However, with other conditions it can sometimes be difficult to know ahead of time what the Social Security Administration will say. You may have developed a condition that changes your life, so you consider it disabling, but if the condition doesn’t clearly match the Social Security Administration’s definition of “disabled” then your application for disability benefits may be denied.
This is why it is important to have an experienced disability lawyer helping, because someone who works on Social Security disability cases all the time knows what types of things the Social Security Administration will be looking for.
The Social Security Administration focuses on ability to work when it considers disabilities
The Social Security Administration definition of “disability” is based on the ability of the person to work.
There are three basic requirements that the Social Security Administration uses to evaluate whether or not to award disability benefits. Those requirements are that the person:
9 Tips for applying for Social Security Disability Benefits
1. Likelihood of Success.
If (a) your physical or mental disability is severe, (b) your condition limits your activities of daily living, (c) your medical impairment will last or has lasted longer than 12 months, and (d) your doctor agrees with this assessment, you should apply for Social Security disability.
2. Irrelevant evaluation factors.
SSA has a strict definition of disability that ignores many real-life aspects of the job market. Difficulty finding a job, thinking that no one will hire you with your condition, believing you could not pass a job-required physical, or even knowing that the pay you would receive for the work you can do is too little to live on … all of these important real-world considerations do not matter to the Social Security Administration (SSA) when evaluating your claim for benefits.
Proof From Doctors
3. Medical evidence.
As is the case with most legal claims, what counts in disability evaluations is what you can prove. If no medical records exist to support your claim of disability, you are unlikely to be successful. SSA figures that if your medical condition is severe enough to keep you from working, then it should justify doctor visits, tests, diagnosis, and treatment.
4. Failure to follow treatment.
SSA expects you to try to get better. That means doing what your doctor prescribes. If you do not believe that your doctor’s recommended treatment will help, then be sure your doctor documents the treatment’s odds of success or failure.
5. Keep good records.
Conversely, if you do follow your doctor’s prescribed treatment, document your efforts. Without records, you are unlikely to remember the date of every doctor visit, lab test, medicine taken, and therapy received. Obtain the business cards of every doctor you see and file them. Save your pill bottles. Keep notes of your pain and other medical events.
Evidence From You
6. Symptoms vs. diagnosis.
SSA does not expect you to be an expert on medical conditions. Even if you are, SSA would rather learn about your impairment from your doctor and your medical records. What SSA wants to receive from you are details about your symptoms. For example, how severe is your pain? Is it constant or intermittent? What aggravates your pain? What reduces it? Do you suffer from shortness of breath or fatigue? No one knows your symptoms better than you. Do your best to explain them in detail without exaggerating or minimizing. Do not omit or gloss over any lesser conditions just because you have one severe condition and several minor ones.
7. Physical restrictions.
What can’t you do? Sit for lengthy periods? Stand and walk? Lift and carry? Bend, twist, kneel, and stoop? Manipulate objects with your hands? Social Security disability is a functional program. SSA will focus on your limitations rather than your diagnosis.
8. Effect of symptoms and restrictions.
How does your medical condition affect your daily activities? Tell SSA about the impact on your personal care (hygiene, dressing, bathing), errands and housework (driving, shopping, cleaning), and social functioning (hobbies, sports, interaction with friends and family).
9. Consistency, accuracy, and honesty.
Contradictions, errors, memory lapses, and discrepancies all work to erode your credibility, and nothing will sink your claim faster than questions about your truthfulness.
Contact an experienced Minneapolis disability lawyer for help
We help Minneapolis area Social Security disability claimants understand the process and we can guide them through both the application and the hearing process.
If you are not already represented by a Minnesota disability lawyer, let us evaluate your claim. Fill out the evaluation form to get started.