It takes a long time to win approval of Social Security Disability benefits. It’s a difficult process, but an experienced disability lawyer from Morgan Weisbrod in Texas can support you along the way.
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No medical condition “automatically” qualifies for Social Security Disability benefits. But certain severe diseases can prompt a faster review and approval of your benefits under a special Social Security program.
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“Substantial gainful activity,” or SGA is the standard Social Security uses to decide if you are working too much to qualify for disability benefits. Social Security sets a limit on how much you can earn from work.
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The monthly checks you get from Social Security Disability Insurance (SSDI) are calculated using your past earnings and benefit limits. Supplemental Security Income (SSI) rates are pre-determined by the government.
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Qualifying for Social Security Disability benefits means being unable to work. So continuing to work can get your benefits denied. There are limited ways you can work and still get benefits if you do it carefully.
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Your chances of approval for Social Security Disability are best when you have a long work history, strong evidence of your medical impairments, and a record of following your treatment plans, among other points.
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You don’t pay a fee for a disability attorney until you win benefits. When you do win, the fee for your disability lawyer doesn’t come out of your pocket, but from a one-time payment you get for accumulated back pay.
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A “Notice of Decision-Fully Favorable” means the Administrative Law Judge (ALJ) found the claimant disabled—from the alleged onset date, their disability began through the date of the decision.
What Does Partially Favorable Decision Mean?
A “Notice of Decision—Partially Favorable” means the ALJ made a determination which differs from what the claimant was asking. This generally occurs in two situations: (1) The ALJ finds the claimant disabled, but the disability started at a different later date; or (2) The ALJ finds the claimant disabled, but they have medically improved. In the second scenario, the individual will receive benefits only for what we call a closed period of disability.
Can A Fully Favorable Decision Be Reversed?
The Appeals Council can review any decision made by an ALJ—favorable or unfavorable. While rare, the Appeals Council can find the ALJ made an error and reverse a fully favorable decision. The claimant can submit additional evidence or comment to support the ALJ’s decision. In very limited circumstances, benefits may start during the review process.
How Does The ALJ Handle Cases Where Drug Or Alcohol Abuse May Be A Factor?
ALJs always look at how a claimant’s impairments affect their functioning at work; even if the person is still using illegal drugs or alcohol. Only after the ALJ determines a claimant is disabled, do they look at the effects drug or alcohol abuse has on the individual. ALJs must determine whether the drugs and alcohol were material to the determination of disabled. ALJs look for periods of time when the claimant was not using drugs or alcohol to see how they are functioning. Social Security believes the best evidence of functioning is when the individual has a period of sobriety lasting at least 30 days. If the claimant’s symptoms subsided sufficiently, the ALJ may find that drugs and alcohol were material and conclude the claimant was not disabled.
For more information on Notice Of Decision Fully Favorable In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (214) 373-3761 today.
It is not required for a person to have a representative in order to file for Social Security disability benefits. However, the law is very complicated, the regulations are lengthy and complicated, and it is very helpful to have a capable attorney leading you through the process.
Can I Qualify For Disability Benefits If My Disability Isn’t Going To Be Permanent?
Social Security disability is never considered to be permanent. When you apply for social security disability benefits, you are saying that you have been disabled since a certain date. If you are approved for disability benefits, your claim can be reviewed within a year, two years, or five years to re-determine your eligibility. Disability benefits under the Social Security program do not require that you be permanently disabled and there is no guarantee that you will continue to receive them after you have been approved, because they are subject to review.
Does The Social Security Administration Consider Mental Illness To Be A Disability?
Mental illness absolutely can be disabling under the Social Security disability law. In fact, in many cases, a mental illness may contribute to an individual’s physical disability. Frequently, cases are denied when the reason the person is disabled is pain. Pain cannot be measured and can be difficult to prove. Often, there is also a psychological component. The person is depressed or has anxiety because their life has been disrupted and their future is uncertain. The depression can take on a life of its own and can exacerbate the underlying pain problem. It is very important to recognize when there is a mental impairment and to consider it along with any physical impairments.
If your specific disability is not included in the Social Security Administration’s Blue Book Listing of Impairments, one of the ways that you may be eligible for Social Security disability benefits it to prove that your disability is medically equivalent to one of the listings in the Blue Book.
How to Prove Medical Equivalence
According to Social Security regulations, your disability must be at least equal in severity and duration to a disability that is included in the Blue Book. You may prove that your condition is medically equivalent by proving that:
- You have an impairment that is included in the Blue Book but you do not exhibit all of the findings described in that listing or one of your findings is not as severe as that described in the Blue Book. You may still be found eligible for Social Security disability in this case if the severity of the rest of your symptoms makes your condition equivalent in overall severity to how the condition is described in the listing.
- You have an impairment that is not included in the Blue Book but is substantially similar to an impairment that is included in the Blue Book. If the findings of your impairment are of at least equal medical significance to the listing in the Blue Book, you will be eligible for Social Security disability.
- You have multiple impairments and no single impairment meets a Blue Book listing on its own. If the findings of all of your impairments together are of at least equal medical significance to a Blue Book listing, you will be found eligible for Social Security disability.
The determination of medical equivalence will be made by considering all of the evidence in your case record and the opinions of medical and psychological consultants. Your education and work experience are irrelevant to the determination of medical equivalence.
Eligibility Based on Medical Equivalence Can Be Complicated
You must set out a strong argument with the right evidence in order to get your application approved. Our board certified lawyers can advise you of your rights and help you get the benefits you deserve. To learn more, please contact us directly via this website or by phone to set up a meeting.
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