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Eligibility for Social Security Disability
If a disability is preventing you from working, you may be able to receive disability benefits from the federal government. The Social Security Administration (SSA) is the government agency that determines whether or not a person qualifies to receive disability benefits. Presentation of the proper evidence is crucial to an individual's qualification for disability income, so in order to ensure the best possible outcome it may be wise to consult an experienced attorney who can answer your questions and assist you in the disability benefits qualification process.
SSA Qualification Requirements: Disability and Impairment
In order to receive disability benefits, an individual must establish that he or she is actually disabled. The Social Security Administration defines "disability" as "the inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." The individual must not only be unable to work at his or her current position, but must also be unable to perform substantial work at other types of employment. The worker's disability must be the principal reason he or she cannot work.
When determining eligibility for SSA disability benefits, primary consideration is given to the severity of the individual's impairment. A medical impairment may be any type of physical or psychological condition or injury that can be shown through medical evidence. In making its determination, the SSA will consider a person's ability to perform basic work activities -- including sitting, standing, walking, lifting, reaching, communicating, using judgment, and responding to supervision.
Proof of Impairment
An individual seeking benefits must prove the existence of a recognized impairment through diagnosis by a physician, and the reporting of symptoms, clinical signs, and laboratory findings that match those of the corresponding condition in the listings. If an applicant has not received medical attention for the impairment, or evidence is not available, the SSA will be responsible for securing such evidence. Medical evidence should include a report from a licensed physician, a copy of the medical records from a hospital or clinic, and/or laboratory findings. The SSA will also consider the effectiveness of treatment upon the applicant's symptoms. Taken together, the evidence considered by the SSA will be more persuasive if it describes the individual's ability to perform work-related functions.
FAQs
- How does an employee file a claim for benefits?
- What are Employee Retirement Income Security Act (ERISA)'s funding requirements?
- When is a worker eligible for overtime pay?
- Does the law require employers to provide pensions?
- How is the overtime pay rate computed?
Employees' Rights Resources
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