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If you are hurt or unable to work, you may believe that you are a great candidate for Social Security Disability Insurance… but you’re not sure. Do you take a chance and send in an application anyway, hoping for the best results? An SSDI attorney would recommend that you get legal assistance to determine your eligibility and submit an application.
The SSA’s Sequential Disability Evaluation
The Social Security Administration (SSA) reports that one in three applications for disability benefits is approved on the first try and 20 percent of applicants are likely to gain benefits during an appeal. Ideally, though, you want to prepare a robust case from the start and identify factors that could lead to denial, so you present the most attractive package to the SSA.
Every Social Security Disability Insurance or Supplemental Security Income application is judged in the same way to measure a person’s disability – through the SSA’s 5-Step Sequential Disability Evaluation. This scrupulous process, followed in a set order, results in denials over half the time. A person’s likelihood of securing benefits on their own – even if it’s clear they’re an excellent candidate – is poor without legal support.
If it is clearly found that an applicant is or is not disabled at a certain step, a determination is made and there is no moving on to the next step. If a determination cannot be made, the evaluation continues. Here are the evaluation steps:
Step 1: Eligibility
Work activity is evaluated and if it is determined that substantial gainful activity is being done, it will be assumed that financial needs are met and the candidate is not disabled.
Step 2: Impairment
If the candidate does not have severe medical impairments, either mental or physical, for the established length of time, it will be found that the applicant is not disabled.
Step 3: Further impairment
An applicant’s residual functional capacity is evaluated through medical records and if the medical severity and length of an impairment is measured and found to be severe, the applicant will be found disabled based on medical eligibility.
Step 4: Past employment
If past relevant work can still be done, taking into consideration the results of earlier steps, it will be found that the candidate is not disabled.
Step 5: Work capacity
Residual functional capacity, age, education, and work experience will all be considered to determine if the applicant can adjust to another form of work. If a switch can be made, it will be found that the applicant is not disabled. If a change cannot be made, the candidate will be found to be disabled.
The Fine Print of SSDI Applications
There is nuance to every one of the five steps and no layperson should be expected to read between the lines of what the SSA wants when evaluating disability claims. An experienced disability lawyer, on the other hand, understands the language of the SSA and its application, making it easier for a client to complete the needed boxes and qualify for benefits on their first try.
Improve your chances of getting SSDI from the start. Hire a Social Security Disability attorney at Thurswell Law. Schedule a consultation by calling (248) 354-2222 today. We do not charge any fees until we win.