Friday, January 24, 2020

WHAT "DISABILITY" MEANS TO SOCIAL SECURITY

In reality, the term "disabled" doesn't mean anything to the Social Security Administration.  It's a term used by individuals, doctors and lawyers but not used by Social Security, as surprising as this may sound.

Everyone who files a claim with Social Security believes they are "disabled."  This doesn't mean that they will qualify for a benefit.

So, what is important to decision makers at Social Security?  

They want to know whether a person has the capacity to perform any type of full time work which is available in the United States economy.  For individuals under age 50, this usually means "Can you perform even a simple, unskilled minimum wage, sedentary job on a full-time basis?  If so, they won't pay benefits.

Here are some common things that do not qualify for benefits:

  • I am working but I'm not really "able" to be working.
  • I can't perform my past work, but I can do other work.
  • Nobody will hire me.
  • There are no jobs available where I live.
  • I can't live on the minimum wage job I could get.

Federal regulations require that a claimant meet very specific requirements to get a benefit.  Social Security requires proof in a form acceptable to them.

In fact, benefits are getting more difficult to get with every passing year.  Award rates have fallen by about 20 percent since 2010 and will probably continue to fall in the future.

One of the best services a disability attorney or representative can perform is to evaluate a case to see if the basic requirements are met.  Our office will perform this evaluation free of charge.  

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