The federal government provides former members of the workforce with disability benefits through the Social Security disability insurance (SSDI) program when they are diagnosed with a debilitating medical condition.
Unfortunately, qualifying and applying for benefits can be difficult and time-consuming and any minor mistake can lead to a valid claim being denied, so if you have suffered a disability and believe that you qualify for disability benefits, you should consider speaking with an experienced Joliet Social Security disability lawyer who can walk you through the application process.
SSDI benefits are only available to those who can establish that:
Demonstrating that an illness qualifies as a disability under the federal definition is often the most difficult part of the application process, especially if the applicantâ€™s illness is not on the Social Security Administrationâ€™s (SSAâ€™s) official list.
When determining whether a person has a qualifying disability, the SSA looks at a variety of factors, including whether he or she is currently working. Applicants who are working, will most likely not be considered disabled if they earn more than $1,170 per month. Those who are not working or who make less than this amount will move on in the application process. At this point, the state assesses whether the applicantâ€™s medical condition qualifies as severe, which means that it significantly limits his or her ability to do basic work activities, such as lifting, walking, sitting, and standing, for at least a year. Only when a condition satisfies this definition will the SSA proceed with the application.
Those who can establish that their disability is severe will then need to prove that their impairment is medically equal to a condition on the SSAâ€™s list, which includes illnesses deemed to be severe enough to prevent someone from completing substantial gainful activity. However, even if an applicantâ€™s illness is not on the list, he or she may still qualify as disabled if the SSA determines that the medical condition is as severe as one on the list. If, on the other hand, the condition does not meet the severity level of a listed impairment, the agency will assess whether the applicant is unable to work as he or she did before the onset of the condition. If an applicantâ€™s medical impairment prevents him or her from performing past work, the agency will assess whether the applicant can secure another type of employment, which requires an analysis of the personâ€™s past work experience, age, education, and professional skills. Those who cannot complete other work will qualify as disabled.
In addition to demonstrating disability, an applicant will also need to satisfy two different earnings tests to prove that he or she worked long enough and paid enough in Social Security taxes to merit receiving benefits. The first test is known as the recent work test and takes into consideration the applicantâ€™s age at the time of disability, while the second is referred to as the duration of work test, which establishes how long a person worked prior to the disability. Those who satisfy these tests can collect monthly disability benefits.
To have your case evaluated by an experienced Social Security Disability lawyer, please callÂ The Comerford Law Office, LLCÂ at 312-863-8572 today.
I contacted Jim after my first denial for SS Disability. He was referred to me by a good friend who had retained him for her Disability odyssey as well. My Disability case was somewhat difficult because I didn’t have a nice, large cache of medical documentation to back up my claim. Despite this and other complications Jim helped me get through my hearing and I received a fully favorable decision from the Judge and now I am just waiting to start receiving my benefits,
James is an absolutely great lawyer. He fully understands his area of expertise, he’s quick to answer any questions with clear, concise directions on how to proceed. His insight into understanding how to navigate with many case laws and government agencies helped me as his client better understand the case law and it’s ways. James is quick to answer emails and phone calls, and made me feel very comfortable. I highly, highly recommended James for his case law specialties. A professional and true gentleman, even when I would ramble on with worry, James was very understanding and able to put my concerns at ease.
Jim is absolutely one of the nicest, most compassionate, and intelligent lawyers out there. He is fast to answer any question with clear, concise direction. His insight into understanding how to navigate with many government agencies helps his clients in many ways. Jim is quick to answer emails and calls, and makes his clients feel very comfortable. Highly, highlyrecommended.
Jim is a good lawyer that helped us through a difficult purchase of our home(he also was the lawyer for the sale of our previous home).
We had quite a few issues with the details of the purchase with both the bank and the seller that James made sure were resolved as quickly as possible. When the selling lawyer would not respond to phone calls/emails Jim physically went to the lawyer’s office and made sure that the final details were pushed through.
I would recommend Jim as an attorney as he is very knowledgeable and thorough on the work that he does.
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