This is the question, I am asked most often by clients at my Lowell disability law firm. Unfortunately, it’s one of the hardest to answer. Unless your condition is catastrophic, no Massachusetts disability lawyer can tell you for certain how Social Security will decide your claim.
To qualify for Social Security disability benefits, you must be “disabled” as defined by Social Security law. Although you must have a long-term total disability, you do not need to be bedridden to qualify.
To be approved for Social Security disability benefits, you must (1) have a medically determinable physical or mental impairment that is severe; (2) your impairment must have lasted or be expected to last at least 12 continuous months or end in death; and (3) it must prevent you from being able to do (a) your past relevant work and (b) any other substantial gainful work, considering your age, education, and experience.
Although this seems to be a complicated definition with many requirements, for most claimants it boils down to this. You will need to prove that you cannot do any full time job. A full time job means working 8 hours a day, 5 days a week, 50 weeks a year, while keeping up the pace and quality of the average worker.
If you are 50 or older, the definition is a little easier to satisfy and you may be disabled even if there are some jobs you can still do. That is because Social Security law recognizes that older workers nearing retirement will have greater difficulty adapting to new work.
While your application is pending, you should do your best to cooperate with the Social Security Administration. Some clients choose to consult an experienced Disability Lowell lawyer even prior to their application being denied so that we can assist you in cooperating fully with the social security administration including completing all social security paperwork.
If you are applying for disability benefits or if you claim has been denied, highly experienced Lowell disability lawyer Gerard A. Palma can help. If you would like to schedule a free evaluation of your claim, fill out the form on this page. We will respond promptly. Or phone or email us if you prefer.
Palma Law Offices, P.C.
Lowell Disability Attorney
45 Merrimack Street, Suite 330
Lowell, Massachusetts 01852