Social Security disability is an avenue available for people in Dayton who are injured, ill or suffer from conditions rendering them unable to work. These benefits are contingent on several factors which the Social Security Administration uses to make a decision. It is important to understand the criteria when deciding whether or not to pursue benefits. The SSA uses five steps to make its decision.
The question will be asked whether or not the claimant is working. If a person is working, the earnings cannot average more than a set amount on a monthly basis. In the event that the earnings surpass that amount, there will not be a finding of disability. The amount allowed changes annually. A person who is not working or who works and earns the applicable amount or less can be approved.
The SSA will next look at the medical condition. When it comes to the medical condition, it must be considered "severe." The medical condition is required to limit the claimant's ability to perform basic activities that are work-related. This includes walking, remembering, sitting, standing and lifting. The inability to work must last for a minimum of 12 months.
If this is met, then the SSA will look at the impairments and decide if they meet the listings. The SSA has listings that have the various impairments that will result in an SSD benefits approval. They must impede a claimant from being able to perform substantial gainful activity. Age, education and work experience are considered. The condition must be so severe that it prevents the ability to work at a job that was done previously or another job for which the applicant might be qualified. Whether or not there are actual jobs available in abundance in the current economy is irrelevant.
Those who have are having an issue that is preventing them from being able to work might not be aware that they are able to file for SSD benefits and have a chance of approval. In order to understand how to move forward with a claim, one of the keys is having assistance. A legal professional knows the SSA's federal regulations, how the agency deals with claims, and can provide help in pursuing benefits.
Source: Social Security Administration, "Disability Benefits - How we make the decision, page 9-10," accessed on Aug. 17, 2015
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