Am I Disabled?
This question is hard to answer. A doctor never tells a patient “You have a disability.” Instead, a doctor tells a patient “You have a serious injury or a serious medical condition.” If that illness or injury prevents a person from working, that person may qualify for disability payments, according to the Social Security Administration’s complex rules. Other factors apply as well, such as the predicted length of the disability and the applicant’s amount of work credits.
One other thing is certain. The SSA usually fights these claims tooth and nail. There’s an underlying presumption in VA disability claims that the applicant deserves benefits. The SSA, however, basically assumes that the applicant is taking advantage of the system. Therefore, to gain access to monthly cash, Medicaid, and other life-changing benefits available, applicants must have a strong Tampa Social Security Disability lawyer to advocate for them.
Establishing the Basic Qualifications
We mentioned the two key components of an SSD claim, a disabling condition which renders the applicant unable to work, above. Now, let’s learn how a Tampa Social Security Disability lawyer proves these elements.
Basically, a disability regularly impairs at least one everyday work function. Some disabled individuals have sensory issues, like hearing loss or extremely poor eyesight. Others have physical conditions which make it hard to sit, grasp objects, stand, walk, lift objects, and do other things the rest of us take for granted. Still other applicants have mental or emotional conditions that affect memory or concentration.
The SSA usually orders a medical examination in these cases. The results of this examination often are inaccurate. So, an attorney often orders an independent medical exam. Furthermore, attorneys often ask friends and coworkers to testify. These individuals cannot testify about the illness or injury. But they can testify about the effects of that illness or injury.
To establish the inability-to-work element, attorneys often partner with vocational experts. These individuals consider the applicant’s medical condition, educational background, vocational background, and other relevant factors and opine as to the applicant’s employability in the current labor market.
Blue Book Conditions
If the applicant has serious symptoms, the conditions listed in the Social Security Blue Book are presumptively disabling. For adults, some categories and examples of conditions include:
- Musculoskeletal (spinal stenosis, loss of use of extremity, unhealed fracture)
- Sensory (speech, vision, hearing, balance)
- Respiratory (COPD, asthma, cystic fibrosis)
- Cardiovascular (heart failure, arrhythmia, ischemia)
- Genitourinary Disorders (kidney disease)
- Hematological (deep vein thrombosis, hematoma)
- Skin (burns, ichthyosis)
- Neurological (epilepsy, brain tumor, Parkinson’s)
- Mental (schizophrenia, depression, autism).
Most types of cancer are also Blue Book conditions, as are most types of serious congenital defects and immune system disorders. Slightly different conditions apply to disabled children.
If the applicant doesn’t have a listed condition, an attorney must prove that the applicant’s condition is substantially similar to a listed malady.
The source is largely irrelevant. Someone else’s negligence might have caused the illness or injury, or that illness or injury might have been self-inflicted. Benefits might be available in either case.
Reach Out to a Hard-Working Hillsborough County Attorney
Injury victims are entitled to important financial benefits. For a free consultation with an experienced Social Security Disability lawyer in Tampa, contact Kobal Law. We do not charge upfront legal fees in these matters.
Source:
ssa.gov/benefits/disability/qualify.html
