Predicting whether you will be approved for disability benefits is incredibly difficult, but certain factors can increase the likelihood that your claim will not be denied.
If you are unable to work due to an injury or debilitating condition, you are likely wondering whether you will be able to obtain federal disability benefits. This is a question that social security disability attorneys often get — but it can be very difficult to answer.
Applying for Social Security Disability (SSD) benefits is a process which requires you to meet different standards. Some of these are objective, such as the length of time that you have worked under the Social Security system and when you were diagnosed with your condition. The final standard is subjective: whether your medical condition prevents you from gainful employment. Because it is impossible to know how the person handling your application will answer that question, it is incredibly hard to say what your chances are of being approved for SSD benefits. This article will explain the process — and the factors that may increase the likelihood that you will be approved.
Applying for Social Security
If you are unable to work due to an injury or a medical condition, you may be eligible for SSD benefits. To qualify, you must have worked for a certain period of time under the Social Security system — that is, you must have paid into the system in order to be eligible for benefits. For most people, you must have 40 “quarters” (3 month periods of time) to be eligible for SSD benefits. If you are 30 years old when you apply for benefits and have worked continuously since you were 18, you would have worked for 12 years or 48 quarters — making you eligible to apply based on time worked.
Next, you must prove that your disabling condition occurred within 5 years of the date that you laid worked under the Social Security system (the “date last insured”). In the example of the 30 year old above, if that same person became disabled due to an accident at age 34, his disability would have occurred within 5 years of the “date last insured.” He would satisfy this second requirement.
Finally, if you meet both of these requirements, you must demonstrate that your medical condition prevents you from being gainfully employed. This step is highly subjective; it will depend on the person handling your initial application or the judge handling your appeal. It is impossible to say for certain whether you will be approved because you cannot predict how this question will be answered. Having an experienced social security disability lawyer to help you prepare your application can help in putting your best case forward, however — and certain factors can increase your chances of being approved.
The older you are when you apply for SSD benefits, the higher the likelihood is that you will be approved. While it may not be fair, it seems that older applicants are more likely to be approved than younger applicants with the same medical condition. Your educational background also plays a role. The less formal education that you have, the more likely you are to be approved. This may be due to the fact that people with less education tend to work in more physically demanding jobs and may be unable to work in a position that could accommodate their disability. While this is not true across the board, as a general matter, people with less education seem to have a higher chance of being approved for SSD benefits. Finally, the type of work that you perform is an important factor. If your job requires you to lift heavy objects and you have a back injury, for example, it is less likely that you will be able to return to that work than it would be for a person who has a desk job.
These three factors are general guidelines that seem to make a difference in being approved for benefits. They are not true in every case, and there are always exceptions. Having these factors does not mean that you will be approved, and not having them does not mean that you will be denied. A social security disability lawyer can help you put together an application to increase your chances of being approved for benefits, and can explain how these and other factors may play a role in your case.
If you are unable to work due to an injury or illness, contact PLBH today at (800) 435-7542 or info@plblaw.com. We are experienced at handling Social Security Disability benefits cases, and will fight for your right to receive benefits. Initial consultations are always free, and we may represent you at no cost until we win your case.