Does Your Medical Condition Have To Be An Exact Match
Reviewing the above list of what medical conditions that qualify for social security disability benefits can feel disheartening, especially if your disability claim doesnât fall on the list. However, the SSA doesnât require applicants for SSD to meet an exact listing if he or she has a condition that is medically equivalent to something listed above.
You may also meet eligibility requirements for disability insurance if your condition limits your functioning to the point that you can no longer work. This is true even if your condition is not in the SSA database but proving your eligibility can be much more challenging. Fortunately, a social security disability attorney from Terry Katz & Associates can assist you in providing qualifying evidence of your disability insurance and making an oral argument on your behalf. We have over 30 years of working with the social security administration.
Can I Qualify For Disability Due To Asthma
The SSE will, when deciding if you are eligible to collect disability benefits due to asthma, check first to make sure that you are not earning more than $1090 per month. They will also make sure that your inability to work because of asthma lasts for 12 months or more. The SSA will see if your symptoms match their official asthma disability listing after you pass these initial tests for screening.
What Medical Conditions Qualify For Short
To qualify for short-term disability your medical condition must prevent you from doing your regular job duties. You must show how the symptoms or impairments from your medical condition interfere with your ability to perform you job duties.
To do this you will need to have an official list of your job duties. Then you can get your doctor review the list of duties and confirm that you cannot perform the majority of these duties because of your medical condition.
Most short term disaibltiy plans will require you to be continuously disabled for 7 days or so before you can qualify for benefits. This is called a waiting period or elimination period.
Following is an example of typical wording of the disability requirement for a short-term disability plan. Please note this is only an example, the exact wording is different for each plan:
An employee is entitled to payment of a short-term disability benefit if that employee proves that:
- the employee became totally disabled while covered
- the total disability has continued beyoned the elimintation period
- the employee has been following appropriate treatment for the disabling condition
An employee wil be considered totally disabled while the employee is continuously unable due to an illness to do the essentional duties of the employees own occupation in any setting.
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Three: Ssas Blue Book Listings Of Impairments
If youâre not earning SGA and Social Security finds you have a severe combination of impairments, your case moves to step three, where SSA decides whether your condition meets the requirements of a listing in the âBlue Book.â Social Securityâs Blue Book contains hundreds of serious medical conditions that, if the stated criteria are met, will automatically qualify a person for benefits.
Having multiple impairments usually doesnât affect whether you meet a listing. However, a few listings, most notably Listing 12.05C for intellectual disability, require you to have a mental or physical impairment in addition to low IQ. Under 12.05C, a person must have an IQ between 60 and 70 and another mental or physical condition that causes significant work-related limitations.
Social Security may also award benefits if a personâs condition is medically equivalent to, or âequals,â one of the listings in the Blue Book. Suppose an individual has an IQ of 72, as well as crippling anxiety and severe carpal tunnel syndrome. Despite failing to meet the listing because the IQ score is slightly too high, SSA may find that the listing is equaled in severity due to the other serious impairments.
The burden lies on the disability applicant to prove that he or she medically equals a listing. Meeting this burden often requires an unambiguous opinion from your treating doctor that your combination of impairments equals a listing.
Obtaining Disability Benefits For Migraines
Migraines affect more than 38 million people in the United States, according to the Migraine Research Foundation. In fact, migraine is the third most prevalent illness in the world. Although some cases can be managed with lifestyle changes and medication, many people suffer from chronic migraines that greatly impact their daily lives. For some, migraines can even lead to disability. However, obtaining disability benefits for migraines requires evidence that your condition is severe, pervasive, and prevents you from substantial gainful activity. For help obtaining disability benefits for migraines, call our experienced disability attorney at Hermann Law Group.
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Inability For Gainful Employment
SSAs criteria for a disability determination focuses initially on jobs held within the past but also considers the ability to gain employment in other jobs in consideration of age, skills, and education. This determination requires comprehensive medical documentation of all symptoms and a medical explanation of how those symptoms prevent the ability to perform specific work tasks.
Let Our Team Help You Fight For Social Security Disability Benefits
A medical or psychiatric disability might prevent you from meeting your own personal needs or working to support yourself. Whether your disability is one you were born with, one that developed over time, or as the result of another medical issue, its severity might mean you qualify for SS disability benefits.
If you or a member of your family has a medical or mental health disorder that keeps you from working, you might be able to obtain health care and monthly financial benefits from an SSA program designed to help disabled people meet their financial needs.
One of the first steps toward obtaining benefits is compiling the medical, personal, and other evidence SSA officials require to consider your application complete. A Social Security disability lawyer might be able to help you submit a complete and accurate application with evidence that supports your diagnosis and application.
Find out more about the types of disabilities that qualify for Social Security assistance and the possible SSD benefits you may be entitled to receive. Contact the case review team at Farmer & Morris Law, PLLC, by calling today for a free consultation.
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What If Your Medical Condition Is Not On The List
Even if your medical condition isn’t on the Listing of Impairments, you may still qualify for SSDI or SSI if certain criteria are met. First, the medical condition must be a medically determinable impairment. A medically determinable impairment is a medical condition that has been the subject of clinical and laboratory testing. In other words, your medical condition must be supported by clinical reports.
Next, the medical condition must limit your residual functional capacity . RFC is determined by looking at the most demanding activity you can still do despite your medical limitations. Based on your residual functional capacity, a disability claims examiner will determine your exertional level. Exertional levels vary from sedentary work to very heavy work and are based on how much weight you can lift and carry.
The RFC also includes non-exertional limitations, like the ability to climb or bend down, the use of hands, the capacity to cope with anxiety or depression, and any environmental restrictions. The disability claims examiner will take your medical history, reports, and residual functional capacity into consideration to determine if your medical condition qualifies for disability benefits.
Social Security Disability And Complex Regional Pain Syndrome
You have been diagnosed with Complex Regional Pain Syndrome You have missed a lot of work and your doctor tells you that your symptoms will get worse. At this point, you are concerned that you may not be able to go back to work. Do you qualify for Social Security disability?
Before we answer that question, lets look at how the Social Security Administration decides whether or not someone is disabled. You may have heard someone talk about the blue book that contains a list of the various medical conditions that the SSA considers serious enough to be disabling. It is a common belief that if your illness or condition is on the list, you will automatically be considered disabled and entitled to benefits and if it is not on the list, then you will not qualify for disability. This belief is not totally accurate.
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What Medical Conditions Qualify For Cpp Disability
Any medical condition can qualify for CPP disability if it prevents you from doing gainful employment. You must also prove that your disability is permanent.
If you suffer from a terminal illness, then CPP disability will fast-track your application.
Following is the offical requirement for CPP disability benefits. Your medical condition must cause a level of disaiblity to meet the following requirement:
Section 42. When a person is deemed disabled For the purposes of this Act,
a person shall be considered to be disabled only if he is determined in the prescribed manner to have a severe and prlonged mental or physical disability, and for the purposes of this paragraph,
a disability is severe only if by reason thereof the person in respect of whom the determination is made is incapable of regularly pursing any substantially gainful employment, and
a disability is prolonged only if it is determined in the prescribed manner that the disability is likely to be long continued and of indefinite duration or is likely to result in death
In common terms, you can only qualify for CPP disability if your medical condition causes permanent disablity that prevents you from regularly doing any employment.
What Medical Conditions Qualify For Disability According To The Social Security Administration
You are more likely to qualify for disability if your medical condition is contained in the Listing of Impairments, but the listings are only one part of how the SSA determines whether a person is disabled.
In this article, we will discuss how SSA decides whether a medical condition qualifies for disability, including:
- Adult impairment listings,
- The other factors that go into the SSAs determination, and
- When you may qualify for disability for an unlisted condition.
What We Mean By Disability
The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.
We consider you disabled under Social Security rules if all of the following are true:
- You cannot do work that you did before because of your medical condition.
- You cannot adjust to other work because of your medical condition.
- Your disability has lasted or is expected to last for at least one year or to result in death.
This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers’ compensation, insurance, savings, and investments.
How Do I Prove That I Automatically Qualify For Disability Benefits
While there are certain benefits that may qualify you for disability benefits automatically, the Social Security Administration doesnt just rubber-stamp the approval. You will be required to provide extensive medical records that show that your condition will qualify you. Even so, the insurance company could still make the argument that you are ineligible for benefits. The adjuster may look at selective medical records in an attempt to show that you should not be eligible for benefits. This could mean that you are initially denied, but need to prove your condition and need for benefits through an appeals process.
However, it is possible to get approved for disability if it is decided that your condition is limiting enough to keep you from working. This is where finding the right specialist that understands your full condition can be critical. A benefits attorney can help with this process.
In addition, even when you are approved, you may need to provide regular updates to the insurance company and Social Security Administration. Depending on your condition and what you were approved for, there is monitoring to see if you are able to improve to the point of being able to rejoin the workforce.
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What Kind Of Medical Evidence Do I Need
You must undergo a spirometry test. A spirometry test will measure how much air you breathe in and out and at what rate you breathe. Specifically, the spirometry test must measure how much air you can force out in one second .
To qualify for disability based on asthma rather than chronic asthmatic bronchitis, you will also need to provide the SSA with at least 12 consecutive months of medical records that show how often and for how long you were hospitalized because of your asthma, what treatment you received for your asthma, and whether you were following your doctors treatment for prevention of asthma attacks. It is important to provide the names and addresses of every hospital, clinic, and ER facility where you received breathing treatments, the names and dosages of all medications, and your records from your treating physician.
|Take our disability quiz to help you determine whether you qualify for benefits.
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The Ssa Cannot Find You
The SSA and Disability Determination Services the agency that determines your medical eligibility for benefitsmust be able to communicate with you regarding your application. If these agencies cannot reach you to schedule examinations or communicate with you about critical matters, your benefits may be denied. If you name a representative to handle your paperwork, you may not need to get in touch with the SSA, but be sure to stay in touch with your representative or attorney. If you move while your application is being considered, make sure the SSA knows how to contact you. Claimants get denied every day because the SSA cannot find them.
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Even If You Believe That Your Condition Constitutes A Disability You Can Still Be Turned Down If It Doesn’t Meet Federal Standards
In some cases, an applicant may actually be eligible for disability benefits but is denied because the application does not contain information that accurately specifies how the impairment or medical condition limits their ability to work. Additionally, how well an applicant’s medical conditions or impairments are correctly presented could determine whether or not a person is considered disabled for the purpose of receiving disability benefits. Even if the applicant has a medical condition or impairment that is considered a disability according to the Social Security Administration’s standards, the applicant may not eligible due to a lack of work history and work credits.
Definition Of Disability To Qualify For Ssd
Federal law defines what qualifies as a disability for SSDI and SSI. An adult applying for benefits through SSDI and SSI is considered to be disabled when a medically determinable physical or mental impairment or combination of impairments makes them unable to engage in any substantial gainful activity. The impairment or impairments must have lasted or be expected to last for a continuous period of 12 months or be expected to cause the death of the person.
A different definition applies to claims for disability benefits for a child through SSI. A child, defined by the law as someone younger than 18 years of age, is disabled when a medically determinable physical or mental impairment or combination of impairments causes the child to have marked and severe functional limitations, which last or are expected to last for a continuous period of at least 12 months.
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Learn How To Pass Your Disability Determination Services Review Call Us Today For More Information
Each year, more than 2.5 million individuals unable to work due to their medical condition or impairmentsfile a claim for disability benefits. To assist with the daunting process of reviewing all these disabilities claims, the Social Security Administration has enlisted agencies in each state to initially examine the claims. Even if you have a medical condition or impairment that limits your ability to work or leaves you unable to work, your disability benefits application can be denied if your condition does not meet the legal and medical criteria for disability benefits as required by the Social Security Administration.
The Social Security Administration Has A List Of Conditions On Their Website To Determine The Criteria For Which People Are Eligible For Payments
Social Security payments don’t just cover seniors, they cover the disabled as well. Both the Supplementary Security Income and the Social Security Disability Insurance payments can be attained by having a disability, but both have different requirements. A recipient can have both payments at once, if they satisfy both criteria.
The SSI is the simpler to attain, being designed to provide financial assistance for seniors or people with disabilities who have a limited income. Most state have their own support programs to assist people on SSI benefits.
To qualify for the SSDI individuals must be registered as disabled, using the list below, and must also satisfy certain work history requirements. Bear in mind that family members working can also be used to satisfy the requirements, which would be difficult for many to achieve who are born disabled.
List of impairments
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You Refuse To Cooperate
Your medical records are vital to granting your disability. If you refuse to release those records to the SSA, your claim will likely be denied. Similarly, the SSA may need additional information about your impairments, either because your treating doctor’s medical records are incomplete or because you have no regular treating doctor. In these instances, the SSA will request that you be examined by an SSA doctor, during something called a consultative examination , at government expense. In some cases, the SSA will require you to attend more than one CE. If you refuse to attend or request that the SSA make a determination based on the medical records already in your file, you may be denied disability because of inadequate medical information or failure to attend the CE.
If you can’t make it to a scheduled CE because of the time or location, talk to your claim examiner so the DDS can schedule a CE at a time or place that is convenient for you. If you repeatedly fail to show up for a CE, your claim will most likely be denied.