To be qualified for SSDI benefits, you must prove that you are not able to work. However, the SSA often denies claims because they believe that the applicant is still able to perform their job, can retrain for a different job, or can return to work in less than 12 months. However, with a disability claim lawyer, you may be able to prove that you are not able to work.
Your Impairments
You must have an impairment or a combination of impairments that would make it impossible for you to perform your current job. For example, you may have a form of cancer that leaves you too weak to perform physical activities for an extended period of time.
Answering the Question of Why You Can't Work
You will be asked by the SSA why you can't work. You might think it seems obvious why it is impossible, but this is the wrong answer. Whether or not you can find a job is irrelevant if you would be able to work a job if you were able to find one. Also, if your job or even your entire industry no longer exists, this is not a relevant reason why you cannot work.
Instead, a relevant reason would be an injury that is backed by medical evidence. If you have one of the SSA's qualifying conditions, you'll have a much easier time becoming approved. However, even if you don't have a qualifying condition, you may be able to prove that your condition is similar enough to a condition that would lead to you qualifying.
Regular and Sustained Work
If you are able to work on a regular and sustained basis, this means that you will be able to work a full-time job. However, if you previously worked a part-time job before becoming injured and didn't work the normal full-time hours, this will be taken into account.
The SSA will not provide you with benefits if you are engaged in substantial gainful activity. They will also use a residual functional capacity assessment to reevaluate how much you are able to work. They will determine both your physical and mental capacity to work. For example, if you previously performed physical labor, they may require you to pursue a sit-down job that involves performing mental labor.
Even if you are determined to be able to perform sedentary work, your attorney may argue that another condition prevents you from doing this. Therefore, you do not want to give up too early, and you'll instead want to contact an attorney for help.
For more information about filing disability claims, contact a local law office.
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