Filing For Disability Benefits: Know Your Rights

Apr 18
10:15

2008

Matt D Murren

Matt D Murren

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Information on qualifying for disability benefits.

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If you are filing for disability benefits then you should be aware of the following.  Whether you are applying for Social Security Disability or the Supplemental Security Income Program,Filing For Disability Benefits: Know Your Rights Articles the description of disability under the Social Security Administration is the same.  To be regarded as disabled an individual must be unable to perform any type of activity because of a mental or physical handicap that has lasted or will last at least 12 months continuously or such condition will end in the person dying.

If you earned more than $900 in a month during the last year, Social Security Administration (SSA) will consider that you were gainfully employed and will likely considered you as not being disabled. 

The SSA considers your physical or mental condition not to be a disability if it isn’t severe enough to interfere with your basic job performance.

They have a list of conditions at the Social Security Administration that is used when someone is filing for disability benefits.  If your condition is proven to be as severe as those listed with SSA, you can be determined as disabled.  If your condition is the same as one that is listed this doesn’t necessarily mean that your condition is severe enough to be counted as disabled.

It is also up to Social Security to determine whether your condition is severe enouth to keep you from performing your previous jobs.  If so, you will not be eligible to draw Social Security benefits.

Affidavits from a former supervisor, co-worker, friends, and family members who can contribute to showing the limitations you’ve encountered at work and at home because of the severity of your condition will be helpful.

Make the affidavit short.  It should not be over tow pages long so as not to bombard the Social Security Administration with even more paperwork to read.  It should be typed on regular sized typing paper.  It should be signed in front of a notary public and signed and stamped by the notary public.  This proves the authenticity of the affidavit.

If providing an affidavit when filing for disability benefits, make sure it is persuasive and concludes the person who is making the statements occupation, title, and address.  How they are acquainted with the claimant, how long and in what capacity they know the claimant.  The affidavit should include how often there is contact between the claimant and person giving the statement, whether phone contact or in person, and should discuss what level of work the claimant was able to perform prior to illness.

The claimant who is filing for disability benefits should also have a statement of specific limitations, treatments, unsuccessful treatments, and a statement as to what extent they are unable to perform activities of daily living (ADL).  If supervisors or co-workers are giving statements they should state why the person is limited in working any occupation, and the person giving the statement should be willing to speak with a judge concerning their statement.

If you are filing for disability benefits you could have a long road ahead of you, don/t stop fighting if you believe you are truly disabled and are being denied benefits. If you appeal an administrative law judge will make a decision on your case.

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