If you have become disabled and are seeking representation for Social Security Disability Insurance benefits your only option isn’t a Social Security Disability Attorney in Los Lunas NM, you have the right to choose a professional accredited through the Social Security Administration. The application process for receiving benefits can take from three to six months, so time is of the essence. The Social Security Administration has five steps to determine claimants’ disability.
1. Is the claimant currently working? If you have become disabled, the first criteria the Social Security Administration will use when determining if you are eligible for Disability benefits. If you are working and your earnings average more than the set amount month, typically you will not be determined as disabled. The income amounts are set annually and can vary from state to state. If you are not currently able to work, the Social Security Administration will then evaluate your medical condition.
2. Is the medical condition severe? Your medical condition(s) are now evaluated in part by your medical records, statements from your physicians, caseworkers, clinics and hospitals. If your job requires that you stand on your feet for extended period of times or requires other activities such as walking, sitting or remembering significant detail and you are unable to complete these tasks, you may be eligible for Disability benefits. One of the criteria in this step is to determine if your medical condition will last for a minimum of twelve months. If at this stage it is determined that your medical condition is not severe per guidelines, you will be determined to be ineligible for benefits.
3. Is the medical condition on the List of Impairments? The List of Impairments is a comprehensive list of medical conditions that are typically covered through Social Security Disability Insurance. If your disability is not on this list, the Social Security Administration will examine and determine the severity of your disability to determine your eligibility. If the severity of your medical disability meets or exceeds those on the List of Impairments, you may be determined disabled and eligible for benefits.
4. Is the claimant capable of doing the work they did before? During this step, the Agency will decide if your medical disability condition will prevent you from doing the job you did before and how it prevents you from being able to continue it now. If it is determined that your disability does not prohibit you from doing your last job, you will most likely be found ineligible for Disability benefits.
5. Is the claimant able to do any other type of work? If you cannot do the work you did in the past, the Agency will now examine and determine if you can do other work. At this stage a further evaluation of your medical condition, your past work experience, skills, age, and education will be conducted to see if you can do other work. If you are unable to work in any capacity, you may be granted Social Security Disability benefits.
If you are initially denied Social Security Disability benefits, there is an Appeals Process. You have the right to be represented by an attorney or other qualified person of your choice. The Social Security Administration will work with you, or your representative, as to your preference. The application and appeals processes are time consuming and stressful. It is important to have an advocate by your side. A Social Security Disability Attorney in Los Lunas NM may not be the right fit for you.
