Will I be approved for Social Security disability benefits?
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. For more information, watch my video Are You Likely to Qualify.
What if my claim is denied?
The most important advice I can give you as an experienced Lowell disability lawyer is: Do not give up if your claim is denied. Unfortunately, many deserving claimants make this mistake every year. In fact, it is probably the worst mistake you can make. Many other claimants simply start over with a new application that, in all likelihood, will just be denied again.
If your claim is denied, you need to appeal until you get a hearing before an administrative law judge. The hearing is where you are most likely to succeed. Here are some statistics that illustrate the benefit of appealing. Back injury is the most common reason for seeking disability benefits. Recent statistics show that only 22% of claimants with back injuries were approved for benefits after their initial applications, while 70% of those who appealed ultimately won their claims.
Disability evaluators at the initial step never meet you in person. They tend to place a lot of importance on medical records, which do not always give an accurate picture of how severe a claimant’s symptoms are. At your hearing, you will have the opportunity to explain to the administrative law judge all the ways that your disability limits your ability to work.
Lowell disability attorney can assist with your appeal
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.
Gerard A. Palma, Esq.
Palma Law Offices, P.C.
Lowell disability attorney
45 Merrimack Street, Suite 330
Lowell, Massachusetts 01852
