Social Security Disability

Below are answers to a few common social security questions.  If you would like to speak to our office specialist, we are available to answer your questions at 1-800-573-9503 or email us at clientservices@knisleylaw.com.

Am I Eligible?  Eligibility Standards

A social security disability claimant must establish three things before s/he can receive Social Security Disability Compensation.  All three of the below requirements must be established.

• That the claimant is disabled.
• The claimant's disability meets the duration requirements.
• The claimant has reached disability insured status.

The above are explained in detail below:

Disability Standard

Under Social Security, a claimant is “disabled” and is entitled to benefits if s/he is not capable of “substantial gainful activity.”
The fact that the claimant cannot work must be the result of one or more medically determinable physical and/or mental problems.  If one problem alone does not prevent a claimant from working, but two or more problems combined do, the claimant will be considered “disabled.”

The Social Security Administration, in considering whether a claimant is “disabled” will consider both medical impairments and claimant’s vocational ability to work.

The problem which causes a claimant to be disabled does not have to be the result of work.  However, if a claimant is disabled due to work, s/he can still receive Social Security Disability as long as the requirements are met.  (There may be an offset if the claimant is also receiving workers’ compensation benefits.)

Durational Requirement

The “durational requirement” means that the claimant has a physical and/or mental impairment causing them to be disabled and unable to work for a minimal of 12 months or longer.

If the medical impairment which causes the disability has either (1) last for longer than 12 months; (2) is expected to last longer than 12 months; or (3) can be expected to result in death.

Disability Insured Status

A claimant is not eligible for Social Security Disability unless s/he has what is known as “disability insured status”, s/he cannot receive Social Security Disability—even if disabled.  (Such an individual may qualify for Supplemental Security Income.)

The central requirement for “disability insured status” is that the claimant must have worked five out of the last ten years in covered employment.  Employment is considered covered if it results in payments being made to the Social Security Administration.  However, in some cases (such as individuals just starting to work), another rule may apply.  Check with the Social Administration for the rules.

Claim Procedure

The process is initiated by filing the initial claim application.  The application should be filed t the local district office of the Social Security Administration closest to the claimant’s residence.  After the initial claim application is filed, an initial decision is made.

If the initial claim is disallowed, a request for reconsideration can be filed.  From this point, Knisley Law Offices can guide you through the Social Security Process.  It is important to note that the request for reconsideration must be filed within 60 days of the date the denial was received.  It is important to act quickly.

Obtaining Representation

It is not uncommon to be denied after filing the initial claim documentation.  From this point, the attorneys at Knisley Law Offices can guide you through the appropriate next steps.  Call our office or schedule a free consultation at any one of our offices.