Individuals who have documented medical conditions that impair their ability to work may be entitled to Social Security Disability Income Benefits (SSDI). Attorney Richard Griffin, a social security attorney in the metro Atlanta area, receives calls every week from people who want to know if they are eligible for Social Security Disability. Social Security Disaiblity Income Benefits (SSDI) allows disabled workers to receive their retirement social security disability benefits as long as they are disabled. Nothing replaces the importance of hiring an experienced social security disability attorney, but a summary of what factors make it easier to receive SSDI are below: (1) THE CLAIMANT MUST HAVE PAID INTO SOCIAL SECURITY TO BE ELIGIBLE: To be eligible for Social Security Disability Income Benefits (SSDI) the Claimant must have worked for 5 of the last 10 years (20 of the last 40 quarters). If you have not paid in to the Social Security through payroll taxes the required amount, then you would not be eligible. A social security lawyer can be very helpful in making sure that your claim is properly evaluated if you are denied Social Security Disability Income Benefits (SSDI). (2) DATE OF ONSET FOR THE DISABILITY: The Date of Onset for the disability is the date that the medical condition or impairment first disabled the Claimant from being able to work. Since the Claimant must have paid in to Social Security for at least 5 of the last 10 years, there are limits to how far back the Date of Onset can be. Establishing this date can be difficult and requires use of the medical records to establish and prove when disability first began. An experienced social security attorney can be very helpful in obtaining the medical documentation of diagnosed medical conditions and the impairment each condition creates. This can result in previous denials of Social Security Disability Income Benefits (SSDI) being reversed and benefits granted on appeal. (3) YOU ARE NOT CURRENTLY RECEIVING ANY SOCIAL SECURITY BENEFIT: You cannot receive SSDI if you are already receiving social security retirement benefits. (4) NOT CURRENTLY ABLE TO WORK: If the Claimant is currently working, then it is much harder to be granted Social Security Disability Income Benefits (SSDI). In fact if you are currently working at a level that is considered to be a"substantial gainful activity (SGA)", then you are probably ineligible for Social Security Disability (SSDI). "Substantial Gainful Activity (SGA)" is currently held to be $1000 per month in wages earned to be considered substantial gainful activity by the Social Security Administration. (5) SELF EMPLOYED MAKES GETTING SSDI BENEFITS HARDER: You can be eligible for Social Security Disability Income Benefits (SSDI) even if you are self employed, but it is much harder. If you have a business that is earning income, then it is hard to convince the Social Security Administration that you are in fact no working and are not earning income. (6) WELL DOCUMENTED MEDICAL CONDITION AND IMPAIRMENT: If you have been diagnosed with a medical condition that limits your ability to work, then you have a much better chance of receiving Social Security Disability Income benefits (SSDI). If you are currently treating and have been treating for the entire time you are seeking back SSDI benefits for, then you have a much better chance of winning your SSDI benefits. If the doctor's have documented that you have a "severe impairment", then you have a better chance of winning your SSDI benefits. "Severe impairment or impairments" are impairment or impairments that "significantly limits the Claimant's physical or mental ability to do basic work skills. The impairment cannot be transitory (temporary), but be one that is expected to last for more than one year. (7) PAST WORK HISTORY: If you have a past work history for the last 15 years of mainly heavy labor, then it is easier to win your Social Security Disability Income Benefits (SSDI). If you have a work history for the last 15 years of mainly office work or other sedentary work, then it will be much harder to convince the Social Security Administration that you are "disabled" and unable to currently work. (8) AGE: It is much harder for young people to receive Social Security Disability Income Benefits (SSDI), then for older people. This is because there is a different standard for being "disbled" for Claimants 50 or older for Social Security Disability Income Benefits (SSDI). If the Claimant is older than 50 years of age, then they can still be deemed to be disabiled and eligible for Social Security Disaiblity Income Benefits (SSDI) even if they are able to do "sendentary work". If you are younger than 50, then you will normally not be held to be disabled if you are able to work sedentary or limited standing and sitting jobs. (9) EDUCATION: The more educated the Claimant is the harder it is to get Social Security Disability Income Benefits (SSDI) because your skill level is higher making office work and other sedentary work more likely. If you are less education and have mainly worked heavy labor (physically demanding jobs) in the past, then sedentary work is much less likely to be possible. WHY HIRE A SOCIAL SECURITY DISABILITY ATTORNEY? It is very unlikely that you will be granted your Social Security Disability Income Benefits without the representation of a good social security disability attorney. Attorney Richard Griffin encourages people who are disabled from work for physical or mental conditions to apply for social security benefits themselves. Sometimes but not often people are granted social security benefits when they first apply. However, if you have been denied your social security benefits, then Attorney Richard Griffin strongly encourages claimants to seek the representation of an experienced and successful social security disability lawyer. Our firm, The Griffin Law Firm, P.C., has had great success winning social security disablity benefits for our clients even when they have already been denied by the Social Security Administration.
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