The Disability Determination Process (and How a Social Security Disability Attorney Can Help You)

Posted by Lowe Eklund Wakefield Co., LPA on Jun 10, 2018 8:52:43 PM

The Social Security Administration’s disability determination process is how the agency decides who does and does not qualify for Social Security disability benefits.  Those who have suffered a personal injury (regardless of who is at fault), as well as those who suffer from a debilitating illness or medical condition, can apply to receive financial assistance when they are unable to provide an income on their own.  Not everyone who is injured is entitled to disability benefits, however, and it is the responsibility of applicants to demonstrate their eligibility.The disability determination process can be difficult without legal counsel.

At Lowe Eklund Wakefield Co., LPA, our social security disability attorneys understand the disability determination process, its procedural and evidentiary requirements, and how to present your application or appeal to maximize your likelihood of receiving the benefits you need.  Whether you are considering applying or your application was recently denied, you need an experienced attorney to represent you.

The Disability Determination Process

The SSA follows a sequential evaluation protocol for determining whether an individual qualifies for Social Security disability benefits.  But, before this evaluation begins, the SSA first checks to ensure that applicants have worked long enough and recently enough to be eligible for benefits.  This is called checking your work credits.

Assuming you have enough work credits, the SSA then follows the standard disability determination protocol by asking five separate questions, which can be generally stated as follows: 

  • Are you currently working?
  • Is your condition “severe” enough to interfere with work?
  • Is your condition included in the list of accepted Listing of Impairments?
  • Can you do your work?
  • Can you do any other kind of work?

“No” answers to these questions can result in a denial of disability benefits.  That is why you need an experienced attorney to help you with the application process.

How a Lawyer Will Assist in Your Disability Determination

Your social security disability benefits lawyer can help you present your claim for disability as fully and thoroughly as required by law.  Countless individuals are denied benefits because of insufficient, incomplete, or incorrect documentation of a real and disabling condition.  Having someone who understands the process and the evidence required for a successful application can be the difference between an approval and a denial.

Whether making the case to establish a disability found on the Listing of Impairments or presenting evidence of a genuine disability caused by an unlisted condition or combination of multiple conditions, a disability benefits lawyer can handle the complex and difficult task of taking on a large government organization.  While you focus on your health and family, your legal counsel will protect your rights and help you secure the benefits to which you are entitled.

Lowe Eklund Wakefield Co., LPA – An Ohio Disability Benefits Law Firm

Whether you sustained a personal injury due to negligence or have suffered a disabling medical condition, you may be eligible for disability benefits.  Contact Lowe Eklund Wakefield Co., LPA now for a free consultation regarding your benefits application or appeal.

Get the Social Security Disability PDF

Topics: Social Security