If you have become disabled because of a medical condition or injury in Peachtree Corners, you might be eligible for Social Security Disability benefits. To qualify, you’ll need to meet certain qualifications, including paying enough Social Security tax and having a disability that will last for at least 12 months. If you need help with your application (or appealing your application), an experienced Social Security Disability (SSD) lawyer in Peachtree Corners can help.
Having a knowledgeable Social Security Disability lawyer on your side can make all the difference. At John Foy & Associates, we know what it takes to get approved for the benefits you deserve. We’ll look over the details of your claim and discuss how we can improve it—all during a FREE consultation.
Working with our Social Security Disability lawyers is risk-free because we don’t charge you a fee unless we win your case. So, you can begin working with us right away. Call (404) 400-4000 or contact us online to get your FREE consultation.
How to Know if Your Medical Condition Qualifies for Disability Benefits
You must meet the Social Security Administration (SSA)’s strict definition of disability in order to qualify for benefits. Unlike other types of disability programs (such as workers’ compensation), you must have a total disability to receive benefits. Partial or short-term disability benefits are not available through Social Security Disability (SSD).
Under the SSA’s definition of disability, you must:
- Be unable to perform any type of work you did previously
- Not be able to adjust to another type of work
- Have a disability that has lasted (or is expected to last) for at least one year or will result in death
To decide if you are truly disabled under their definition, the SSA will evaluate the following five criteria.
1. Whether or Not You’re Currently Working
The SSA will look to see if you are currently working and if you are earning above a certain amount. In the year 2020, if you are working and making more than $1,260 per month, you will probably be denied benefits.
If it’s determined that you’re not working, your application will move on to a State agency known as Disability Determination Services (DDS). The determination process is handled in the following steps.
2. The Severity of Your Medical Condition
Your medical condition will need to prevent you from working for at least 12 months. That includes being able to perform basic actions you need to work, such as sitting, standing, lifting, or remembering things. If it’s found that you cannot work, your application will move on.
3. Whether or Not Your Condition is On the List of Disabling Conditions
The SSA has a list of medical conditions that they have identified as severe enough to keep someone from working. Those evaluating your application will look to see if your condition is listed. If it’s not, they will compare it to a similar condition on the list to see if it’s as severe.
If your condition is considered to be severe enough, you will be considered disabled. Otherwise, your application will move on to the next step.
4. Whether or Not You Can Do Previous Work
The SSA will look at previous work you have performed and determine whether or not you can still do that type of work. If you can, you will not be considered disabled enough for benefits. If it’s determined you cannot perform past work, your application will move to the next step.
5. Whether or Not You Can Perform Other Types of Work
Finally, your application will be evaluated to see if you can do any other types of work with your condition. Several factors, including your age, work history, skills, and education, will be considered when looking at other forms of work you might be able to perform despite your condition.
If the SSA can see that your disability prevents you from doing other types of work, you’ll be considered disabled under Social Security.
Keep in mind that meeting the definition of disability is just one part of qualifying for SSD. You will also need to have earned enough work credits through Social Security to be eligible for disability benefits. To learn more about work credits and other criteria for benefits, speak with a Social Security Disability lawyer in Peachtree Corners today.
Conditions That May Quickly Qualify for Social Security Disability
Although most SSD applications must go through the process outlined above, there are certain conditions that qualify for expedited approval. Illnesses on the Compassionate Allowances list will only require proof of diagnosis to qualify. Those include:
- Acute leukemia
- Inflammatory breast cancer
- Lou Gehrig’s disease (ALS)
- Stage IV breast cancer
- Small cell lung cancer
- Gallbladder cancer
- Pancreatic cancer
- Anaplastic thyroid carcinoma
- Hepatocellular carcinoma
- Early-onset Alzheimer’s disease
Typically, if you make a claim for one of these conditions, your claim will get priority and you’ll receive an answer within a month. You will still need to meet the qualifications for work credits to get approved, however.
Social Security Versus Supplemental Security Income (SSI)
Another program provided through the SSA is known as supplemental security income or SSI. This program is different from Social Security, but it might be an option for those who do not otherwise qualify.
SSI is a federal income program provided by general tax revenues (as opposed to Social Security taxes that fund the SSD program). While Social Security benefits are meant to help disabled workers and their dependents, SSI is provided to serve the needy.
SSI was set up to provide funds to disabled, blind, or aged individuals with little or no income. If you do not qualify for SSD, speak with a lawyer about the possibility of SSI benefits, which might be available for your situation.
Talk to a Social Security Disability (SSD) Lawyer in Peachtree Corners for Free Today
At John Foy & Associates, we have 20 plus years of experience working on Social Security Disability cases in Peachtree Corners and all throughout Georgia. That means we know what the SSA is looking for to approve an application and provide benefits. We can help you with your application process, whether you just became disabled or have already been denied benefits.
Let us help you, starting with a FREE consultation. Call (404) 400-4000 or contact us online to get started today. We are available to take your call 24 hours a day, seven days a week.