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FAQ

At Disability Qualification, we’re committed to being your trusted resource. By offering an extensive FAQ section and clear, comprehensive information, we aim to demystify the process. Our dedication to transparency and expertise ensures that you receive the essential guidance and support needed.

  1. What Are Social Security Grid Rules?
  2. How Does Turning 50 Years Old Impact Your Chances for Social Security Disability Benefits?
  3. What If I Am Borderline Between Two Ages?
  4. What Is the Difference Between SSI and SSD?
  5. What Are Some Questions That Help Determine Disability Eligibility?
  6. What Are The SSA Medical Eligibility Requirements?
  7. What Are The SSA Non-Medical Eligibility Requirements?
  8. How Much Will My 2022 Social Security Disability Payment Be?
  9. How Do I Win a Social Security Disability Federal Court Appeal?
  10. What’s the Difference Between SSD and SSI?
  11. What Is The Difference Between A Disability Attorney and Disability Advocate?
  12. Am I Eligible For the Third Stimulus Check?
  13. What Are The Downsides To Hiring A Disability Lawyer?
  14. What Is The Benefit of Hiring a Disability Lawyer?
  15. Do I Satisfy the SSA Definition for Disabled?
  16. How Do I Work Better With My Disability Lawyer?
  17. How Do Grid Rules Help Qualify for SSDI Between Age 55-60?
  18. How Do Grid Rules Help If I Am Over 60?
  19. Will Grid Rules Help My SSDI Claim If I Am Under 50?
  20. What Is PRW and How Is It Determined?
  21. How Is Residual Functional Capacity Categorized?
  22. How Is Residual Functional Capacity Determined?
  23. What Is Residual Functional Capacity?
  24. What Are the Sedentary Work Requirements?
  25. What Are the Medium Work Requirements?
  26. What Are the Heavy Work Disability Requirements?
  27. What Is Specific Vocational Preparation?
  28. Will Income From My Spouse Affect My SSDI Benefits?
  29. What Day and Time Will My Hearing Take Place?
  30. How Do I Find My Disability Hearing Office?
  31. What Should I Know About Disability Hearing Questions?
  32. What is the Cost-of-Living Adjustment for 2024?
  33. How Much Does a Disability Lawyer Cost?
  34. How Can I Increase My Odds For Disability Approval?
  35. Why Might Someone Lose A Disability Claim?
  36. How Can A Mental Disorder Qualify for Disability?
  37. How Much Does a Disability Lawyer Cost?
  38. Do I Need a Lawyer to File Disability Claim?
  39. What Is The COLA For 2022?
  40. What Is DDS?
  41. What Is The Definition of Light Work?
  42. How Do I Fire My Disability Lawyer?
  43. When Should I Fire My Disability Lawyer?
  44. What is the Purpose of COLA?
  45. Why Should I Hire a Disability Lawyer?
  46. How Do I Write A Disability Appeal Letter?
  47. How Do I Qualify for Disability with Blindness?
  48. How Do I Win a Social Security Disability Federal Court Appeal?
  49. Do Disability Lawyers Have Their Own Doctors?
  50. How Do I File an Appeal for SSDI Denial?
  51. How Long Do I Have to File a Disability Claim Appeal?
  52. What Happens If I Get Caught Working on SSDI?
  53. Why Should I Hire A Disability Attorney?
  54. What Are Medical Conditions That Qualify For SSDI?
  55. What Is The Social Security Disability Appeals Process?
  56. Who Is Eligible for Survivor Benefits?
  57. What Is The Wait Time For a Social Security Disability Appeal?
  58. How Much Will My Disability Benefit Be?
  59. What are my chances of winning a disability claim at the reconsideration level?
  60. What are my chances of winning a disability appeal?
  61. What are my chances of winning a disability hearing?
  62. What is the process like for determining medical eligibility according the the SSA’s definition of disability?
  63. How limited must my income and resources be?
  64. Do I qualify for Social Security Income?
  65. Do I have a “disability” according to the SSA’s definition?
  66. How many “work credits” do I need to qualify for SSD?
  67. What are “work credits”?

What Are Social Security Grid Rules?

The Social Security Grid Rules are guidelines used by the Social Security Administration (SSA) to make it easier for individuals aged 50 and older to be approved for Social Security Disability benefits based on the recognition that finding a job becomes more challenging as one gets older. These rules are applicable to those who are unable to perform their past work and are in the final stages of the SSA’s 5-step evaluation process, offering a higher chance of approval for physical ailments, but not for mental-only claims.


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How Does Turning 50 Years Old Impact Your Chances for Social Security Disability Benefits?

Turning 50 years old impacts your chances for Social Security Disability benefits as the SSA grid rules make it easier for a 50-year-old to be found disabled compared to a 49-year-old, particularly if the individual is limited to sedentary work and lacks transferable skills for other work.


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What If I Am Borderline Between Two Ages?

If a claimant is close to the next age category and being in the higher age category would lead to a ‘disabled’ decision rather than ‘not disabled’, the decisionmaker must consider placing the claimant in the higher category, typically within 2 months but not exceeding 6 months, along with additional vocational adversities justifying the decision.


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What Is the Difference Between SSI and SSD?

Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) are both programs administered by the Social Security Administration (SSA) to provide cash benefits to disabled individuals. While they share the same definition of ‘disability,’ they have distinct differences: SSDI is based on work credits and lifetime contributions, while SSI is a needs-based program funded by general tax revenues. SSDI has a 5-month wait period, offers retroactive benefits up to 12 months before filing, and provides Medicare medical insurance, whereas SSI has no wait period, offers retroactive benefits only to the date of application filing, and provides Medicaid medical coverage.


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What Are Some Questions That Help Determine Disability Eligibility?

Some questions to help determine eligibility include the claimant’s ability to work full-time, whether they expect to be out of work for at least 12 months due to a medical condition, their work history, representation status, current Social Security benefits, age group, and state of residence for connecting with a relevant attorney.


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What Are The SSA Medical Eligibility Requirements?

The SSA’s medical eligibility requirements for disability benefits involve determining if an individual’s ailment is severe enough to prevent them from engaging in Substantial Gainful Activity (SGA), which is defined as working 40 hours a week with income of about $1,300 per month. The SSA uses a 5-step decision-making process to assess whether the individual’s impairment meets specific disability listings, if they can return to past work, and if they are capable of performing any other job that qualifies as Substantial Gainful Activity. If the individual is unable to perform any full-time work, they will receive a favorable decision and meet the medical eligibility requirements for disability benefits.


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What Are The SSA Non-Medical Eligibility Requirements?

The non-medical eligibility requirements for SSDI involve accumulating work credits based on earnings, with a total of 40 work credits needed and at least 20 credits earned in the last ten years. For SSI, the eligibility is needs-based, requiring individuals to have income or assets below $2,000 and couples below $3,000 to qualify. Once these non-medical requirements are met, the claim is sent to Disability Determination Services (DDS) for medical eligibility determination.


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How Much Will My 2022 Social Security Disability Payment Be?

In 2022, Social Security Disability Payments will see a significant increase of 5.9%, the largest raise in almost 30 years. The average disabled worker will receive about $75 more per month, with an average disabled family seeing an increase of $133 per month. Additionally, Medicare premiums will rise, with the standard monthly premium for Medicare Part B increasing to $170.10.


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How Do I Win a Social Security Disability Federal Court Appeal?

To increase your chances of winning an SSDI appeal, you should file a request for reconsideration, ensuring a complete medical record, obtaining opinion evidence, and responding to requests promptly. If you reach the hearing level, present your case to the Administrative Law Judge, including a written summary argument, referencing medical evidence, and questioning expert witnesses.


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What’s the Difference Between SSD and SSI?

SSD (Social Security Disability Insurance) and SSI (Supplemental Security Income) are two types of disability benefits administered by the Social Security Administration. Both programs provide a monthly income stream and health insurance to eligible individuals who meet the definition of disability. The main difference lies in the non-medical eligibility requirements. SSD benefits are available to individuals who have paid into the system through payroll taxes, while SSI benefits are based on limited income and assets, serving those with a financial need for assistance.


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What Is The Difference Between A Disability Attorney and Disability Advocate?

A disability attorney is a legal professional who has completed a bachelor’s degree, a juris doctorate degree, and is admitted to the state bar. They have specialized training in legal research, making arguments, and cross-examining witnesses. On the other hand, a disability advocate is a non-attorney who has at least four years of experience in the field, has passed a criminal background check and a written examination, and completes continuing education. While both can represent individuals in disability claims, attorneys generally have a higher win rate, especially during hearings, due to their legal expertise and training.


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Am I Eligible For the Third Stimulus Check?

Similar to the initial two rounds of stimulus payments, individuals who are recipients of SSI and SSDI will automatically receive the third payment if they meet the eligibility criteria, including having a valid Social Security number, not being claimed as a dependent on someone else’s tax return, and not surpassing the specified income limits.


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What Are The Downsides To Hiring A Disability Lawyer?

The main con of hiring a disability attorney is the cost, but it is only paid if you win, typically amounting to 25% of your past due benefits, with a cap of $6,000. However, considering the significantly higher success rate of represented claimants compared to non-represented individuals and the potential larger past due benefit amount received, the attorney fee seems like a reasonable investment.


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What Is The Benefit of Hiring a Disability Lawyer?

Hiring a disability attorney for SSDI benefits can provide help with initial applications and appeals, as well as assistance with paperwork, organizing medical treatment information, obtaining and providing supporting evidence, reducing the risk of errors or omissions that could result in loss of benefits, and potentially speeding up the decision process and lowering the attorney’s fee.


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Do I Satisfy the SSA Definition for Disabled?

To determine your disability eligibility, the Social Security Administration follows a five-step process: evaluating work activity, assessing the severity of the condition, checking if the condition meets a listed impairment, determining if the claimant can perform past work, and assessing if they can perform any other type of work; if you, the claimant, fail any of these steps, you may be not be qualified as disabled.


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How Do I Work Better With My Disability Lawyer?

When working with a disability attorney for your Social Security Disability claim, it is crucial to establish a partnership and work together as a team throughout the process. Developing a well-documented and complete medical record is essential, involving consulting your doctor, keeping a diary, obtaining additional medical documents, or seeking the opinion of a specialist. It is important to be descriptive when discussing your ailments with your doctor, keep a diary to record recurring episodes, and gather supplemental evidence such as RFCs, LOS, handicap placards, or scripts from your doctor. Additionally, maintaining contact with your disability attorney, ensuring the completeness of your medical record, and promptly providing any updates or changes in your contact information are vital for a successful claim.


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How Do Grid Rules Help Qualify for SSDI Between Age 55-60?

Between the ages of 55 and 60, the grid rules further facilitate the process of being recognized as disabled by the Federal government. These rules allow individuals who are capable of light work or less to be considered disabled, taking into account the difficulty of adjusting to new work or developing new skills as one gets older. Specifically, if you are unable to perform your previous work and are limited to light work, lacking transferable skills for alternative work, you may be deemed disabled at age 55.


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How Do Grid Rules Help If I Am Over 60?

Upon reaching the age of 60, it becomes more favorable to be deemed disabled according to Social Security Disability law, primarily because of the implementation of the Grid rules. Congress established these rules to acknowledge the challenges older individuals face in adapting to new work or acquiring new skills.


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Will Grid Rules Help My SSDI Claim If I Am Under 50?

Individuals who are below the age of 50 are more likely to be considered disabled if they meet specific criteria outlined in a listing or are unable to perform any full-time job on a regular basis (8-hour days, 5 days a week), as opposed to using the grid rules.


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What Is PRW and How Is It Determined?

PRW is Previous Work Experience, but the acronym “PRW” is used because we commonly refer to this as past relevant work. First, you must determine what jobs you’ve had that count in this experience. Then, you must determine the skill levels of those jobs. Last, you must know if skills were obtained from that PRW and whether or not those skills are transferable to other work.


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How Is Residual Functional Capacity Categorized?

RFC assessments determine your abilities and limitations, placing them into categories known as “exertional levels,” which include sedentary, light, medium, heavy, and very heavy work, based on criteria such as lifting capabilities, standing/walking requirements, and sitting time in an 8-hour workday.


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How Is Residual Functional Capacity Determined?

To evaluate your capabilities for an 8-hour workday, a decisionmaker relies on a medical consultant who reviews your complete medical file, including records and doctor opinions. If there is insufficient evidence, a consultative examination with an independent medical doctor may be arranged, while submitting additional favorable evidence, such as an RFC form completed by your treating physician, can strengthen your case.


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What Is Residual Functional Capacity?

Residual Functional Capacity (RFC) is a tool used to evaluate a claimant’s physical and/or mental capabilities during an 8-hour workday, with the Social Security Administration organizing the grid rules based on RFC levels to determine disability eligibility.


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What Are the Sedentary Work Requirements?

Sedentary work involves lifting up to 10 lbs at a time, with frequent lifting of 5 lbs, and although these jobs primarily involve sitting, they require up to 2 hours of standing/walking and 6 hours of sitting in an 8-hour workday.


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What Are the Medium Work Requirements?

Medium work involves being able to lift up to 50 lbs at a time, with frequent lifting limited to 25 lbs, while also requiring a total of up to 6 hours of standing/walking and 2 hours of sitting in an 8-hour workday.


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What Are the Heavy Work Disability Requirements?

For jobs involving lifting heavy objects, employees may need to lift up to 100lbs occasionally and 50 pounds frequently, while very heavy work involves lifting over 100lbs. In both cases, standing and/or walking is required for 6 hours out of an 8-hour day, with 2 hours of sitting.


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What Is Specific Vocational Preparation?

SVP, or Specific Vocational Preparation, is a rating system used to estimate the time required for an average employee to learn and become proficient in a job. It helps determine the relevance of a disability claimant’s past job experience by considering the education and time commitment associated with different jobs, with higher SVP levels indicating more education and longer training periods.


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Will Income From My Spouse Affect My SSDI Benefits?

When it comes to Supplemental Security Income (SSI), your spouse’s income is considered if you are legally married and living together. It does NOT affect SSDI. The Social Security Administration “deems” part of your spouse’s income as available to you with SSI, potentially resulting in a reduced SSI benefit. The amount of deeming depends on factors like the number of children and your spouse’s income, and it is calculated by deducting $397 per child from your spouse’s income and following specific steps to estimate your individual benefit.


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What Day and Time Will My Hearing Take Place?

Upon receiving the “Notice of Hearing” letter at least 75 days prior to your hearing, check the location, date, and time of your hearing, along with the name of the Administrative Law Judge (ALJ). Fill out and return the “Acknowledgment of Receipt (Notice of Hearing)” page to confirm your attendance. The notice may include attachments related to recent medical treatment, medications, and work background, which the judge will likely refer to during the hearing for a comprehensive evaluation and analysis. Additionally, any additional letters sent to expert witnesses who may testify will be included in the packet.


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How Do I Find My Disability Hearing Office?

To find the address of your disability hearing office, use the hearing office locator page divided into 10 regions. Check which region your state belongs to, and within that region, find the specific hearing office that serves your field office. It’s important to know your field office to determine the correct hearing office, but keep in mind that some hearings may be conducted via video, telephone, or Microsoft Teams, allowing you to participate from home. Make sure to verify the details and avoid showing up at the wrong location.


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What Should I Know About Disability Hearing Questions?

During a disability hearing, you will be asked various questions to help the judge make a decision. The questions cover general background information, education, employment history, ailments and limitations, and functional abilities. It’s important to be truthful and consistent in your responses to avoid any credibility issues. While trick questions are rare, inconsistencies between your statements and medical records can raise concerns. By telling the truth and being prepared, you can navigate the questions effectively and present your case accurately during the disability hearing.


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What is the Cost-of-Living Adjustment for 2024?

The 3.2 percent cost-of-living adjustment (COLA) will begin with benefits payable to more than 66 million Social Security beneficiaries in January 2024.


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How Much Does a Disability Lawyer Cost?

Typically, if your claim is successful, a disability lawyer will receive 25% of your past due benefits as their fee, up to a maximum of $6,000. Since Social Security Disability Attorneys operate on a contingency basis, claimants are not obligated to make any upfront payments, and payment is only required if a favorable decision is received.


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How Can I Increase My Odds For Disability Approval?

To increase your chances of success in the disability process: Persevere and resist the urge to quit, as the process can be long and challenging. Ensure your decision maker has access to your complete medical record, notifying your lawyer or the SSA of all relevant medical providers. Seek opinion evidence from your healthcare providers, even if RFCs are not mandatory. Fill out informational requests accurately and promptly when provided by the SSA. Consider hiring a lawyer early in the process, as claimants with legal representation have higher success rates.


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Why Might Someone Lose A Disability Claim?

The main reason claimants do not receive favorable decisions in the disability process is due to “non-medical reasons.” This includes instances where claimants do not respond promptly to requests for information, miss consultative examinations, or choose to discontinue the process by not appealing.


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How Can A Mental Disorder Qualify for Disability?

There are 14 standard listings for mental health disorders that qualify for disability.When your case does not meet the requirements of a standard disability listing for mental disorders, the judge will assess whether there are any available jobs in the regional or national economies that you can perform. To establish an inability to work due to a mental ailment, you can provide evidence such as medical records, including therapy notes and hospitalizations, as well as opinion evidence from your healthcare provider. This evidence can be presented through medical records, written statements, or a Mental RFC (Residual Functional Capacity) completed by your doctor.


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How Much Does a Disability Lawyer Cost?

Disability lawyers typically charge 25% of past due benefits, up to a maximum of $6,000, with average fees lower than that. If you win your case, the fee is deducted directly from your past due benefits, and your ongoing or future benefits are not affected. This fee structure is more favorable compared to the typical arrangement where lawyers charge 33% of the award without a cap on total fees.


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Do I Need a Lawyer to File Disability Claim?

Hiring a Social Security Disability lawyer is not mandatory when filing a disability claim. If you are willing to invest time in understanding the laws and regulations associated with the process, you can successfully navigate it on your own. The Social Security Administration provides online resources, including forums and information about their processes, which can be helpful for individuals who are detail-oriented, patient, and have sufficient time to dedicate to the process. Many people go through the disability application without legal representation.


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What Is The COLA For 2022?

For Social Security Disability benefits and SSI payments, there is a 5.9 percent Cost-of-Living Adjustment (COLA) in 2022.


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What Is DDS?

DDS stands for Disability Determination Services. The DDS office is the agency in your state that completes the disability decision for us. Doctors and disability specialists in the state agency ask your doctors for information about your condition. They will consider all the facts in your case.


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What Is The Definition of Light Work?

Light work is among the basic classifications of job duties used by the SSA and is defined as a position in which the worker is not required to lift any more than 20 pounds at one time, though they may be required to frequently lift and/or carry up to 10 pounds. Additionally, light work may require frequent standing, walking, and/or pushing and pulling while seated, including positions that require the use of legs, arms, or both to push or pull leavers or other mechanical devises.


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How Do I Fire My Disability Lawyer?

To terminate your disability lawyer, send a letter to the lawyer indicating your desire to end the relationship and request that they withdraw from your case with the Social Security Administration. Follow up with a call to the SSA to ensure the lawyer’s removal. Be aware that you may still be responsible for incurred expenses, and your former lawyer may seek a portion of your past due benefits. Early termination is generally less likely to lead to fee disputes, and fees are limited to 25% of past due benefits, up to $6,000. Difficulty in hiring a new lawyer may arise if your old lawyer refuses to waive potential legal fees.


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When Should I Fire My Disability Lawyer?

When your lawyer fails to give your claim the attention it deserves, it’s crucial to take action and fire them.


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What is the Purpose of COLA?

The Cost of Living Adjustment (“COLA”) is designed to protect the value of SSD and SSI benefits from being diminished by inflation over time. COLAs are determined by the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), specifically by comparing the third quarter of one year to the third quarter of the previous year. If there is a difference, benefits will be increased accordingly. However, if there is no increase in the CPI-W, there will be no COLA. The Social Security Administration ensures that beneficiaries’ purchasing power remains stable in the face of changing economic conditions.


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Why Should I Hire a Disability Lawyer?

Hiring a disability lawyer increases approval chances, as they understand the complex process and can present your case effectively. Contact a lawyer early for a free consultation. Don’t worry about upfront fees; disability attorneys are compensated through a portion (up to 25%) of your disability back payments, sent directly to them by the SSA.


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How Do I Write A Disability Appeal Letter?

When attaching a disability appeal letter, ensure your name and claim number are included at the top for proper filing. Before writing the letter, carefully review the denial to extract key facts such as your listed severe ailments, reviewed medical records, and the reason for denial. In a request for reconsideration, it is crucial to point out any missing evidence to ensure the decision-maker had all relevant information. Check if the listed medical providers match those in your initial application and include any missing providers or their records in the letter. Highlight any ailments not considered, even if they may be covered by missing medical records. Additionally, include any Residual Functional Capacity (RFC) forms completed by your medical provider, as they are valuable at all stages of the application process.


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How Do I Qualify for Disability with Blindness?

To meet the strict definition of “Blindness,” your visual acuity should be 20/200 or less in your better eye with corrective lenses, or your visual field should be limited to a diameter of 20 degrees or less in your better eye. The Social Security Administration has specific listings for blindness, and to be considered disabled at step three of the process, your vision impairment must meet or equal those definitions. However, if you have a visual impairment that doesn’t meet the specific listings, you may still qualify for SSDI or SSI if you can prove that your impairment prevents you from working. This determination is made at step five of the process, where the decisionmaker assesses your ability to perform work. If it is determined that your condition makes you unable to perform any work, you are considered disabled. Individuals over the age of 50 who don’t meet the listings should explore the grid rules for potential eligibility.


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How Do I Win a Social Security Disability Federal Court Appeal?

If your disability benefits are denied at the reconsideration level, you can request a hearing before an Administrative Law Judge (ALJ). You can submit the request online, complete the necessary forms, or write a letter. Review your denial letter, update your medical records, and obtain opinion evidence to support your claim. Respond to any requests from the ALJ, complete additional forms, and write a summary argument for disability. Present your case in front of the ALJ, referencing medical evidence, making legal arguments, and questioning experts. Use this opportunity to advocate for your disability benefits claim effectively to potentially win a federal court appeal for SSD.


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Do Disability Lawyers Have Their Own Doctors?

A disability lawyer typically does not have their own doctor. However, a good disability lawyer should have the expertise to assist you in gathering the necessary evidence for your claim.


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How Do I File an Appeal for SSDI Denial?

When appealing an unfavorable disability benefits determination, it is important to file the appeal on time. The two types of appeals are the Request for Reconsideration and the Request for a Hearing by an Administrative Law Judge (ALJ). Filing the appeal online is the fastest and most convenient option. The necessary forms can be completed online or on paper, including the Disability Report and Authorization to Disclose Information to the SSA. It is advised to attach a Disability Appeal Letter, addressing missing evidence and ailments not considered. For the ALJ appeal, consider hiring a disability lawyer for assistance. As the process progresses, obtaining relevant medical evidence becomes the claimant’s responsibility. Writing an argument for disability closer to the hearing date allows for the inclusion of the most up-to-date evidence.


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How Long Do I Have to File a Disability Claim Appeal?

Filing your disability benefits appeal on time is crucial. Generally, you have 60 days from receiving the denial to appeal, with the assumption that you received it 5 days after the denial date. If you can prove a delayed receipt, you’ll have 60 days from actual receipt. Failing to appeal within this timeframe can result in losing your right to appeal. You may request additional time with valid reasons, and appeals falling on weekends or holidays extend to the next workday.


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What Happens If I Get Caught Working on SSDI?

While Social Security may not immediately discover if you’re working, the delay in their knowledge can cause your owed amount to increase over time. It is crucial to promptly inform the Administration of your return to work to avoid complications. By notifying them, you’re more likely to receive assistance and access programs that allow you to attempt work without jeopardizing your claim. Social Security typically learns about work through disability reviews, where medical records may reveal employment attempts. Additionally, employers regularly report earnings to the Administration, and third-party reports of individuals working while on disability are investigated. It is advisable to inform the Administration of your intention to work, as they can provide guidance on income limits and offer support through the ticket to work program, as they genuinely want to help you succeed in returning to employment.


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Why Should I Hire A Disability Attorney?

Although legal representation comes with a fee, it can increase your chances of winning and securing a larger payout. Ensure the attorney is qualified and experienced by researching their background. An attorney’s expertise can significantly impact the outcome of your case, helping you navigate the complex claims process and present a strong argument.


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What Are Medical Conditions That Qualify For SSDI?

The Social Security Administration (SSA) has a list of medical conditions that qualify for disability benefits. These conditions must be severe enough to prevent you from working for at least 12 months. Some examples of conditions are: neurological disorders, musculoskeletal disorders, respiratory illnesses, cardiovascular conditions, digestive issues, cancers, mental health disorders, autoimmune disorders, vision and hearing problems, and more. Read more about our advice on select medical conditions here.


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What Is The Social Security Disability Appeals Process?

To appeal a denial from the Social Security Administration (SSA), gather the necessary documents and evidence supporting your case, such as your personal information, denial date, and medical records. You can initiate the appeals process through various methods: online via the SSA’s website, by mailing the required forms (e.g., SSA-561) to your local Social Security office, or by submitting the forms in person at the office. After submitting your request, an examiner will review your case and make a decision. If the decision is unfavorable, you can request a hearing with an administrative law judge (ALJ) by submitting Form HA-501. If the ALJ’s decision is still unsatisfactory, you can seek a review from the Appeals Council by submitting Form HA-520 within 60 days. The Appeals Council may deny your request, decide your case, or send it back to the ALJ for further review. If the Appeals Council’s decision is unfavorable, your last option is to file a lawsuit in a federal district court.


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Who Is Eligible for Survivor Benefits?

Eligibility for Survivors Benefits includes the following relatives:

Widow or widower: If you are 60 years of age or older (or 50 or older if you are disabled). Alternatively, if you are any age and are caring for a child under the age of 16 or a disabled child.

Divorced spouse: Under certain conditions, a divorced spouse is also eligible to receive benefits.

Children: Unmarried children under the age of 18 (or up to 19 if they are attending elementary or secondary school full-time). Additionally, children who were disabled before turning 22 and remain disabled are eligible.

Dependent parents: If the deceased person’s parents were dependent on them for at least half of their support, they can be eligible at age 62 or older.


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What Is The Wait Time For a Social Security Disability Appeal?

Data shows the wait time for a Social Security Disability appeal hearing can be as long as a year and a half.


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How Much Will My Disability Benefit Be?

SSD benefits are determined based on your overall contributions to the Social Security fund. The more you contribute through payroll taxes, the larger your benefit. In 2024, you could be eligible for up to $3,822/month in SSDI benefits.


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What are my chances of winning a disability claim at the reconsideration level?

The next level in the disability determination process is the reconsideration level.

On average 15% of all applicants win at this level.

In our practice, it seems like the vast majority of claimants who win at this level are those that were not represented by an attorney at the initial level, but hired one for reconsideration. We believe that this difference exists because something was missing from their initial application and an unrepresented claimant did not know about the omission. Usually, represented claimants are denied at this level as well because not much has changed from the time the initial determination and the reconsideration determination. As a result, the DDS examiner usually has the same set of facts at both of these pre-hearing levels and will end up making the same decision twice.


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What are my chances of winning a disability appeal?

There are two types of disability appeals: Appeals Council Repeal and Federal Appeal

Appeals Council Repeal
Claimants are awarded approximately 1% of the time at this level.

An additional 9% of claimants have their case remanded (sent back) to the original ALJ who made the hearing level denial. These remands may be for further development on a particular issue or to correct a procedural error made in the hearing level decision. Generally speaking, judges do not like to have another judge tell them that they made a mistake. Hearing level ALJs will often just re-deny appeals council remands. As a result, having your claim remanded is not always the best result. The goal at this level is often to get denied, which allows a claimant to appeal in federal court.

Federal Appeal

At this level, you are suing the Social Security Administration in Federal Court.  The odds of winning at this level are approximately 2%, which is hardly better than at the Appeals Council.  Federal judges; however, remand (send back) approximately half of these claims for a further evaluation of issues that were improperly considered at the prior hearing.


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What are my chances of winning a disability hearing?

Claimants that are denied at the pre-hearing level have an opportunity to appeal those decisions and request a hearing in front of an Administrative Law Judge (“ALJ”). After a successful appeal, a claimant’s file will be transitioned from the DDS to the Office of Hearings Operations (“OHO”). This will be a claimant’s first opportunity to present their case in person.

Social Security statistics prove this is the most favorable level of review as nearly 50% of all applicants are awarded at this level. It gets even better for those that are represented at the hearing as those claimants, according to the GAO, have a 3 times greater chance of winning their claim than those that are not represented.


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What is the process like for determining medical eligibility according the the SSA’s definition of disability?

After a claim passes a non-medical test, the Social Security Administration (“SSA”) sends the claim to the Disability Determination Services (“DDS”). The DDS is the agency that makes disability determinations at the pre-hearing levels.

Here are the steps to make a pre-hearing determination:

  1. DDS will assign an examiner to your file.
  2. The examiner will be tasked with evaluating your claim by looking at your medical evidence. He or she will also take into consideration your age, education and work history.
  3. The examiner may request that you attend a medical examination.
  4. After enough evidence is compiled to adequately evaluate your claim, the examiner will make a decision as to whether or not the facts of your case meet the SSA’s definition of disability.

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How limited must my income and resources be?

Income Limits

In general, the income limit for SSI is the federal benefit rate, which is $794 per month for an individual and $1,191 per month for a couple in 2021. SSI income limits are not quite this simple as not all income is countable. Thus, you can earn more than $794 and still qualify for SSI benefits under certain circumstances.
Countable income includes wages and money you receive from other sources like unemployment, Social Security Disability or gifts of food/shelter/cash
The SSA goes into further discussion about it’s income limits here.

Resource Limits

The limit for countable resources is $2,000 for an individual and $3,000 for a couple.
The SSA has various rules for what is and what is not counted in the ‘resource’ calculation. Some of these rules can be found here.


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Do I qualify for Social Security Income?

In order to qualify for SSI benefits you must satisfy both a non-medical and a medical test. The non-medical test requires that you have limited income and resources. The second test, the medical test, is exactly the same as the medical test for Social Security Disability benefits. It requires you to have a condition(s) that satisfies the Social Security Administration’s definition of disability and has lasted or is expected to last at least 12 consecutive months. Generally speaking, this program will provide you with a monthly benefit in the event that you become unable to work.

It should be noted that individuals over age 65 are also eligible for SSI payments if they have the financial need due to having limited income and resources. The original purpose of SSI was actually to lift retirees out of poverty. This article; however, is being written for individuals who are seeking disability benefits so the remainder of this blog will focus on that group.


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Do I have a “disability” according to the SSA’s definition?

Unlike other types of disability, there is no partial disability under either SSD or SSI. You are either 100% disabled or not disabled at all.
The SSA uses a three-prong test in its definition of disability. In order to be found disabled, it must be determined that as a result of your conditions;

  • You cannot perform your past work.
  • You cannot adjust to other work.
  • Your disability has lasted or is expected to last for at least 12 consecutive months or to result in death.

In making this the determination as to whether or not someone satisfies this definition, the SSA will conduct a 5-step decision-making process.


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How many “work credits” do I need to qualify for SSD?

The SSA uses a term called “work credits” to determine whether or not you pass the non-medical test. You can earn up to four work credits per year. These are earned based on your yearly wages. The amount needed for a work credit changes from year to year. In 2021, the Administration has set the earnings requirement for each credit at $1,470. As a result, if you earn $5,880 or more during the 2021 calendar year, you will accumulate 4 work credits.


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What are “work credits”?

The SSA uses a term called “work credits” to determine whether or not you pass the non-medical test. You can earn up to four work credits per year. These are earned based on your yearly wages. The amount needed for a work credit changes from year to year. In 2021, the Administration has set the earnings requirement for each credit at $1,470. As a result, if you earn $5,880 or more during the 2021 calendar year, you will accumulate 4 work credits.


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