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Bucher Law Group, LLC

Determining Eligibility for Social Security Disability Benefits

Posted on in Social Security Disability

Delafield, WI Disability Lawyer

Life is often unpredictable. Nobody thinks a life-altering injury will happen to them until it does. When you are injured or ill to the point where you can no longer work, it can put a huge financial strain on you and your family. Thankfully, Social Security disability benefits exist to help those who cannot work due to an illness or injury. Though many types of illnesses and injuries can make working difficult or impossible, the Social Security Act has very strict definitions of “disabled.” 

Social Security Disability Definition

The only way you can receive Social Security disability payments is if you are totally disabled. They do not pay for partial or temporary disability. According to the Social Security Act, you are only considered totally disabled if:

  • You cannot do work that you used to perform;
  • You are unable to do any other work because of your medical condition; and
  • Your disability has lasted or is expected to last for at least one year or is expected to result in death.

Social Security Process

To receive benefits, you must first be evaluated by the Social Security Administration to be sure you are eligible. There are five questions asked during this process:

  1. Are you working? If you are working and you earn more than $1,220 per month, you are typically not considered to be disabled. If you are not working, a decision will be made about your medical condition using steps 2-5.
  2. Is your condition “severe”? If your condition does not interfere with basic work activities, you cannot be considered disabled. Basic work activities include lifting, standing, walking, sitting, and remembering.
  3. Is your condition found in the list of disabling conditions? The Administration keeps a list of medical conditions that are considered to be extremely severe. If your medical condition is not on the list, an evaluation will be completed to determine if your condition is as severe as those on the list.
  4. Can you do the work you did previously? The Administration will ask if your condition prevents you from doing any of the work you have previously done.
  5. Can you do any other type of work? If you are not able to do work that you have done before, the Administration will see if you are able to do any other kind of work. If you are found to be able to do other work, your application will be denied.

Contact a Waukesha County Social Security Disability Lawyer

The Social Security disability process can be long and tedious. There is a substantial amount of confusing paperwork and requirements you must meet before you can receive benefits. A skilled Waukesha, WI Social Security disability attorney can help make sure you get the help you need. At the Bucher Law Group, LLC, we understand Social Security disability is a critical source of income for many people. Call us today at 262-303-4916 to schedule a free consultation.

Sources:

https://www.ssa.gov/planners/disability/qualify.html

https://www.ssa.gov/pubs/EN-05-10570.pdf

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