What Is Considered a Disability?

When it comes to social security benefits, ‘disability’ is more of a legal term than a medical one. It is not defined as how you’d describe it under usual circumstances. The Social Security Administration (SSA) only offers social security benefits if you meet the pre-defined criteria.

Here’s what the disability criteria entail.

The Legal Definition of Disability

According to the law, disability is defined as someone’s inability to engage in any form of substantial gainful activity (SGA). The inability could result from either a medical, physical, or mental impairment that is expected to last for over 12 months or lead to death. As of 2020, the threshold for substantial gainful income is around $1,260 per month. In the case of self-employed individuals, they need to ensure that they aren’t working over the allowable hours to meet the definition of disability under SSA’s guidelines.  

A medically determinable impairment either results from a psychological, physiological, or anatomical abnormality. In either case, the impairment must be clinically established through laboratory diagnosis. A simple statement from the doctor about the individual’s symptoms is not enough.

What Are the Medical Evidence Requirements?

To prove your functional limitations, you need up-to-date medical evidence that emphasizes the severity of your condition. The records must be from the last sixty to ninety days and should include the details of your:

1. Condition

2. Symptoms 

3. Restrictions and limitations

4. Prognosis 

The term ‘limitations’ can refer to the inability to work for more than two hours or lift greater than 10 pounds. The documents must also mention whether you can carry out sedentary, light, or medium work. In the case of cognitive and psychological impairments, the medical evidence should note how the condition affects your ability to:

1. Interact with others

2. Maintain attention and focus

3. Concentrate on the task at hand

4. Remember instructions

5. Respond to potential hazards at the workplace.

How Can A Social Security Attorney Help You?

The attorney can contact your healthcare provider on your behalf and request the medical documents in an effort to to win the claim. They’ll also submit the documents to the Social Security Administration before the hearing. For this, you’ll have to sign a medical privacy release that allows your attorney to obtain the medical records on your behalf. They will also review the documents and might request the SSA to schedule an additional consultive examination if required. The attorney’s job is to decide which doctor to go to for any supportive statements and what to do if any statement goes against your case.

Any form of disability could take a toll on your mental health and personal relationships. Navigating your way through the social security system on your own is not easy. If you’re based in Little Rock, Lisa Douglas is here to make the ordeal easy for you. Get in touch with her if you’re looking for a social security attorney.

 

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