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In order to receive social security disability (SSD) or supplemental security income (SSI), an applicant must be able to prove that they have a medical condition that is severe enough to prevent them from working for a period of 12 months or more. Very few disability applications are denied based on the fact that the applicant is not truly impaired, or on the basis of an NSI (non-severe impairment). This is probably because most people who consider applying for disability benefits do so only when they are experiencing considerable difficulty performing their current job as a result of their medical symptoms, be they mental or physical, and have already sought some form of medical treatment, to no avail. However, applicants will be approved for disability benefits only if they can demonstrate that they are incapable of performing, not only their current job, but any other work for which the disability examiner deems them qualified based on their past work history, education, age, and of course any physical or mental limitations that they may have as a result of their disability. In order to make this determination, the a disability examiner must use what is called a vocational grid, which basically sets down rules used by the social security administration to determine what types of jobs an individual can reasonably be expected to perform given their individual skills and circumstances. In order to win SSD or SSI benefits a claimant must prove that they are unable to perform work that will provide them with substantial gainful activity, or SGA. The dollar amount of the SGA is set by the federal government each year, and is calculated annually to reflect increases in cost of living or inflation. In 2008, the SGA was set at $940 per month for non-blind individuals, so in order to be approved for benefits at this time you must prove that your medical condition keeps you from performing your current job, or any other work that could provide you with at least $940 per month. Most disability applications are denied on the basis that applicants can perform another type of work for which a disability examiner feels they may be suited. Of course, this can be a bit unfair, in that a disability examiner is able to suggest jobs that exist anywhere in the national economy, and are not necessarily available in the claimant’s area of residence. Disability benefits are awarded to those who have demonstrated, through solid medical documentation, that 1) they have a severe medical condition (physical or mental) 2) the condition is not likely to improve over the next twelve months and 3) their impairment prevents them from earning the SGA monthly amount, at their current job or at any other job for which they may be suited. Those that are able to meet these criteria are eligible to receive disability benefits in the form of a medical vocational, or med-voc allowance (financial compensation for those who can’t work). A lawyer specializing in SSD/SSI cases can be really helpful to applicants claiming that their disability prevents them from working. An experienced disability attorney will have a thorough understanding of the vocational grid, and will be able to use your medical records to clearly illustrate to an administrative law judge (ALJ), if necessary, how your current limitations—inability to lift, sit, type, concentrate, etc.—will prevent you from earning the sga at any job. In fact, anyone who has been denied disability benefits by social security disability determination services based on a disability examiner’s claims they are able to perform other work should strongly consider getting some sort of legal counsel before appearing before a federal ALJ (the final step in the disability appeals process). In the end, it may take an experienced attorney to present the medical evidence in such a way that will prove you are unable to return to work.
Social Security Disability and SSI Disability Information
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