|
Whether your Social Security disability claim is for SSI or SSDI, the definition for disability is the same. November 10, 2008 Statutory Definition of Disability: "...inability to engage in any substantial activity by reason of any medically determinable physical or mental impairment (or combination of impairments) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 (consecutive months)... (taking into account the individual's age, education and work history)." 42 U.S.C. § 423(d), 13382c(a)(3)(B); 20 C.F.R.§ 404.1505, 416.905 While this definition seems a bit lengthy and confusing it can simply be understood. Essentially, if you can’t perform any full time job, no matter how simple, on an ongoing and regular basis, you should consider filing for Social Security disability or SSI. Of course the definition requires that you have been or are expected to be disabled for at least 12 months or diagnosed as terminal. As a practical matter, although most of the "denial" letters that people receive state that they are not expected to be disabled for 12 consecutive months, this is not usually a difficult burden to overcome in your claim for social security. In fact the Social Security administrations and Hearing offices located in San Diego, Los Angeles, Pasadena, Long Beach, San Bernardino, and surrounding Southern California areas are very good about acknowledging that the "severe" and disabling medical or psychological illnesses have or are expected to last for at least 12 months. Especially considering the average wait time from the initial application to the hearing is often between 18 -24 months.
List of Common Disabilities and Impairments
Continue Reading
3 Theories to Win a Disability Claim. This post identifies and explains the three theories that SSA and the ALJ's will use in determining whether a claimant qualifies for SSI or SSDI.
Continue Reading
Steps in the Social Security Administrative Process
|
