Disability Law Claims Blog

How Decisions are Made Regarding Social Security Applications

Whether you are considering applying for Social Security payments like Supplemental Security Income or disability, or have already applied, you probably have many questions. One of the major queries many people have is how the Social Security Administration makes a decision once an application is received.

You might wonder if there is a strategy, or if acceptance to a particular program is just random. There are certain rules by which the SSA does abide by, though it sometimes comes down to a case-by-case basis. In general, it is first decided if you are participating in "substantial gainful activity," or SGA. This means you are not earning up to a certain amount from an activity, and it must be clear that you will likely not do so for at least a year.

The next step is to determine if you have a severe disability. If your condition is either temporary or does not hinder you from working, you will probably be denied. If your disability does prevent you from working, the SSA officials will attempt to find your condition on the list of disabilities that qualify.

Even if you make it through all these steps, you are not guaranteed benefits. You will have to show that you cannot do any of the jobs you have had in the past due to your disability. Even if the job was 15 years ago, if you could still do it, then you are not considered disabled enough for payments.

If it is found that you could not perform the same job, it will be decided whether you could perform any job. This could include positions in any industry, as long as there are several companies available that could hire you. This means that if you previously worked as a physical education teacher but could still get a job as a retail cashier, you are not considered disabled by the SSA.

Clearly, the rules are quite strict. For this reason, you will probably need a lawyer before you apply. However, understanding what goes through the minds of those making decisions regarding your application might help you fill it out.

Fort Lauderdale, Florida disability lawyers, LaVan & Neidenberg, represent over 5000 disability claimants. Our disability attorneys have experience with cross examining agency-appointed medical and vocational experts and take time when speaking with you about your disability claim. Call us today at 1-888-234-5758 for a FREE legal consultation. There is NO OBLIGATION to hire our firm and there are NO FEES unless one of our trained disability lawyers wins your case.