Disability Claims Attorney Mooresville NC

In the last newsletter, I covered the non-medical eligibility requirements for receiving disability benefits. Today I’ll go over what the Social Security Administration actually considers to be a disability.

Part Two – Defining Disability

SSA defines disability as being “unable to engage in substantial gainful activity.” Meaning, your physical and/or mental conditions prevent you from working a full-time job. That includes jobs you’ve done in your past and jobs you’ve never done or even heard of before. Generally speaking, if a full-time job exists that you can perform, and the job can be found in sufficient numbers in the state you live, SSA will turn you down for benefits. Also notice that job availability isn’t the standard used by SSA. Fair or unfair, whether a particular industry or line of employment is actually hiring new workers isn’t relevant - it’s only whether the job itself exists in sufficient numbers.

I don’t mean for this information to be discouraging, rather I just want to make people aware of the standard being applied to them should they seek disability benefits. If you feel you cannot withstand any kind of full-time work schedule, you should apply for benefits. Even after you’ve applied, there is little to no harm in trying to find a light, manageable full-time job. If you discover one you can perform, then you can stop your disability claim and earn more money then you’d get from Social Security anyway. If you fail at your new job, it is considered a “Failed Work Attempt” and won’t affect your disability claim.

Whenever I am preparing for a hearing, I organize my arguments and my client’s medical records to demonstrate how any full-time work duties are simply not possible. That said, there are a few ways around the “no jobs” test.

First, a claimant might meet a Social Security Listing. The Listings are a long list of specific medical conditions, each with its own requirements for medical documentation and symptoms. If the SSA finds that you meet a Listing, then you are considered disabled and the “no jobs” test isn’t applied to you (though you’re very likely to pass the test anyway, since Listings are for quite severe conditions).

Second, there are special rules for older disability claimants that may allow them to be found as disabled even if they are capable of some kinds of sedentary, light, or medium work. The factors for these special rules, called the GRID Rules, are age (50-54, 55-59, 60-64), disability, and whether a person’s education and work experience would allow for direct entry into skilled employment. GRID Rules are not binding, but they help guide judges in making their decisions and also make it significantly easier for many claimants to be approved once they enter their 50s.

Perhaps the most important lesson in applying for disability benefits is to be patient. Social Security is plagued by a backlog of claims, and most disability applicants have to go all the way to a hearing in order to be approved. If your application has been turned down, or if you just want to discuss the possibility of applying, contact a Social Security attorney. Mills & Levine can be reached toll-free at 877-660-4357.