For purposes of Social Security disability, the sequential evaluation process means that the Social Security Administration (SSA) must answer a specific set of questions in a specific order to determine eligibility.
The set of questions consists of five inquiries. The adjudicator, or person deciding whether or not to approve the Social Security disability application, must answer the following questions in the order that they are provided below.
In order to determine eligibility, the adjudicator must decide:
While the questions must be answered in the order provided above, they may not all need to be answered. After each question the adjudicator has two options. He may decide that the applicant is disabled or that the applicant is not disabled. If the adjudicator finds that the applicant is disabled, the inquiry ends and the application should be approved. No additional questions have to be answered. However, if he does not find the applicant to be disabled then he must go on to the next question on the list in the order provided above.
If you have any questions about this process or how it might apply to you, please fill out our online contact form and we will contact you directly to answer your questions.
Generally, members of the public or the press may request information from a government agency, such as the SSA, pursuant to the Freedom of Information Act (FOIA). However, there are exceptions to the FOIA rule and the SSA is not supposed to release personal information about living people to the public.
In order for the SSA to make a fair and accurate Social Security disability determination for you, the agency is going to need personal and sensitive information including, but not necessarily limited to:
There are many reasons why you would not want this information released to the public or to an individual without your consent, and it is the SSA’s responsibility to safeguard your privacy.
If there is someone with whom you want to share your Social Security disability applicationor file, you have the right to provide your consent to have the information shared. This may include, for example, a doctor, social worker, or someone else. It is best to provide your limited consent in writing to the SSA. Additionally, if you have an authorized representative, such as an attorney, you may allow that person to access your records by filling out the correct SSA form, such as Form SSA-1696-U4.
If you know anyone else who is concerned about privacy during the Social Security disability application process, please share this FAQ with her so that she can better understand her rights.
When a doctor, nurse, or hospital makes a mistake the effect can be tragic—as you know all too well if you have been the victim of medical malpractice. You went to the doctor or hospital to improve your health or to help manage your pain and instead a mistake was made that left you with a permanent disability. You are unable to work and your condition is expected to last for at least a year or result in death.
If your condition qualifies you for Social Security disability, you may apply for benefits—and collect benefits—even if your condition was caused by the negligence of a doctor or hospital. The Social Security Administration (SSA) is less concerned with what caused your injury or illness than with what your actual injury or illness is and your expected prognosis. Accordingly, if you satisfy the requirements of one of the conditions in the Listing of Impairments or otherwise prove that you are unable to work and you qualify for benefits, you should be able to receive Social Security disability.
At the same time, you may be able to pursue a medical malpractice claim. If you are successful in your medical malpractice claim and reach a settlement, or a court rules you in your favor, it will have no impact on your Social Security disability benefits. Your benefits will not be reduced, eliminated, or otherwise impacted by your medical malpractice recovery.
To learn more about protecting your Social Security disability rights, please watch our free videos today.
Not every victim of a sexual assault will qualify for Social Security disability. It is possible to be significantly injured and emotionally traumatized by the assault and still not be eligible for benefits. This is because Social Security disability is only an option for people whose disability is expected to last for more than 12 months or to result in death.
In order to prove your eligibility to the Social Security Administration (SSA) you will need to prove that: (1) you meet the requirements of a listing in the SSA’s Listing of Impairments; (2) your injury has the same effect on your life as one of the listings; or (3) you are unable to work.
You may meet one of these eligibility requirements if you satisfy the criteria for:
The Social Security disability application process may seem intimidating. You may not know what to do or you may be reluctant to share personal information with the SSA. However, your efforts may be important and may help you significantly if you are unable to work due to the physical or emotional impacts of your sexual assault.
Accordingly, if you would like to learn more about your rights, we encourage you to fill out our online contact form today to schedule a confidential meeting about your rights and to discuss whether Social Security disability may be an option for you.
No, you should pursue a claim with both the private disability insurance company and the Social Security Administration in most cases. To understand why, please consider how both the Social Security Administration and the private disability insurance company handle this type of situation.
The Social Security Administration (SSA) will not consider any private disability insurance benefits that you receive, or may receive, when deciding whether you are eligible for Social Security disability. The Social Security disability system is not needs based. In other words, your financial needs are irrelevant to your application and, regardless of your income from other insurers, you may be able to recover Social Security disability benefits if you qualify for such benefits.
However, you should check the terms of your private disability insurance to determine exactly how the private disability insurer will account for Social Security disability. Some disability insurance policies require people to apply for Social Security disability benefits and may deduct the amount received in Social Security disability benefits from the amount paid by the insurance company. Of course, even if this is true, you are still getting more in disability benefits than you would from Social Security disability alone.
Accordingly, it is important to read the terms of your disability insurance policy carefully and to take the steps that allow you to recover the greatest amount possible in disability benefits. If you have any questions or would like to learn more about applying for Social Security disability, we invite you to start a live chat with us today.
No. You will not have to sell anything in order to qualify for Social Security disability benefits. Your financial situation is irrelevant to the Social Security Administration’s (SSA) review of your application because Social Security disability is not a needs-based program.
Whether you live in a multi-million dollar property, in Section 8 housing, or something in between is of no concern to the SSA. You will not be asked to downsize your home or your financial assets.
The SSA may not be concerned about your financial situation, but it is very concerned about your health. In order to qualify for Social Security disability benefits you must prove that you are unable to work because of your physical condition and that you will be unable to work for at least twelve months or that your condition will result in death. You may be able to do this by showing that your medical condition is included in the Listing of Impairments, by proving that your medical condition is equal in severity to a condition included in the Listing of Impairments, or by proving that you are unable to work. You should expect to supply the SSA with supporting medical documentation and a complete application.
You should not—and do not—have to decide between the disability benefits that you’ve earned and staying in your own home. Instead, learn what Social Security disability is really about and how it may help you by reading our FREE Social Security Disability Fact Sheet.
We are sorry to hear of your husband’s passing. Please know that you are not alone. Many families experience this same problem. Your loved one filed for Social Security disability because his serious condition that kept him from working was likely to last more than a year or result in death. Then, the Social Security disability application took longer than expected or the applicant’s condition deteriorated faster than expected. Either way, the result was that the application was still pending before the Social Security Administration (SSA) when the applicant died.
As the surviving spouse, you may be able to continue the Social Security disability application after your loved one has died. While you will not be able to get monthly payments for any time after your loved one’s death, you may be able to get payments for the months that your loved one was eligible for Social Security disability prior to his death. This may be a significant amount of money if the application process took a long time or if your loved one was involved in the Social Security appeals process after an initial denial of his application.
The decision is yours to make and depends largely on how many months of benefits you think you may be able to recover. We hope that this information helps you make an informed decision and we invite you to read our FREE Social Security Disability Fact Sheet if you have additional questions about eligibility or the application process.
You know you have a mental illness. You even went to the doctor seeking treatment and the doctor made some suggestions to you. However, you haven’t followed through on those suggestions consistently. You may be inconsistent about taking your medications or you may fail to show up for follow-up appointments, for example. You don’t mean to do these things; they just happen, and if your lack of action is a symptom of your condition, it shouldn’t be held against you.
Generally, the Social Security Administration (SSA) may deny an application for Social Security disability benefits if the applicant failed to follow through on doctors’ recommended treatments. There are exceptions to that general rule, however. The SSA cannot hold your lack of treatment against you if your mental health condition—the one for which you are seeking disability benefits—prevents you from consistently getting treatment.
Additionally, the SSA should not hold a lack of treatment against you if:
Yet, the SSA may try and use your lack of treatment as a reason why you should be denied benefits. Accordingly, it is important to know your rights and to get the help you need to fully complete an accurate Social Security disability application. To learn more about how to do that, please start a live chat with us today.
Maybe. Not everyone with sickle cell disease will qualify for Social Security disability benefits. However, the Social Security Administration (SSA) has a specific criterion in the Listing of Impairments for sickle cell disease.
If you suffer from sickle cell disease or one of its variants then, according to Section 7.05 of the SSA’s Listing of Impairments, you may qualify for Social Security disability if one of the following is true:
Of course, you may also qualify in other ways. For example, if you can prove that your medical condition prevents you from engaging in substantial gainful activities or if you can prove that your sickle disease is medically equal to that of another listing then you may also qualify for Social Security disability.
The path to Social Security disability benefits is not always a straight one. It can be confusing, it can be difficult, and it can be frustrating. However, you don’t have to do it alone. You have the right to get help. If you have questions about the Social Security disability eligibility process or about what you should do to protect your rights, please start a live chat with us today.
Yes, you may be able to apply again. As you know all too well, the symptoms and the severity of multiple sclerosis can change over time. When you first applied for Social Security disability, you may have had a multiple sclerosis diagnosis, but you may not have qualified for Social Security disability benefits. The Social Security Administration (SSA) may have found that you could still work.
If you recently applied for benefits then you may be able to appeal the SSA’s denial of your application. However, it sounds like several months, or more, have passed since your initial Social Security disability application and that your medical condition has changed significantly. Accordingly, you may need to reapply for benefits with the new medical information.
You know that you can’t work, but the SSA is not going to simply take your word for it. Instead, you are going to have to provide specific documentation about your condition and about your work history so that the SSA has the necessary facts to approve your application. This can be confusing and time consuming; however, it is important. If you make a mistake or forget a piece of documentation then your otherwise valid application may be denied by the SSA. Thus, it is important to take the time to fill out a complete and accurate application now so that you can get the benefits that you deserve.
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