Illinois Lawyer Referrals and Legal Guidance
Determining Disability in Social Security Claims
Findgreatlawyers.com helps people who have Illinois legal matters, including individuals who need help in trying to obtain social security benefits. If you would like a referral to a lawyer or have questions Please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you. We are based out of Chicago, but recommend lawyers throughout Illinois. When you contact us you will immediately be connected to a lawyer that will answer your questions for free. For more information on the types of disabilities that allow someone to receive social security benefits please read on.
The Social Security Administration, the agency responsible for determining who qualifies for social security benefits, defines a disability as the inability to engage in substantial gainful activity due to an impairment or combination of impairments. The person claiming to be disabled usually must show both that he cannot perform his past work, nor can he perform other types of gainful work.
In determining whether an applicant is disabled, the Social Security Administration asks five questions:
- Is the applicant working?
- How severe is the applicant's condition?
- Is the applicant's condition on the list of disabling impairments? (the Social Security Administration has a list of severe impairments that automatically qualify as "disabled.")
- Can the applicant do the work he previously did?
- Can the applicant do any other kind of work?
To be considered disabled, the condition must last or be expected to last at least 12 months. In some cases, part-time work may constitute substantial gainful activity, and therefore makes a person ineligible to receive social security benefits. In other cases, however, part-time work may not constitute substantial gainful activity, hence the person remains eligible for social security benefits. Generally speaking, if the applicant is earning more than $500 per month, it is likely he will be found to be not disabled for purposes of social security.
Almost any medical condition may constitute a disability if it is severe enough to prevent a person from engaging in substantial gainful work. Conditions that have qualified as disabilities include arthritis, asthma, heart failure, cancer, anemia, diabetes, skin disorders, depression, personality disorders, and mental retardation as well as more obvious severe physical disabilities such as someone who is partially paralyzed or brain damaged.
Many of the conditions that can lead to obtaining social security benefits are vague which is often why benefits are denied. If you have questions about social security disability or would like an attorney referral, please contact us.