The Social Security Administration places the burden of proof on the disabled person. While the SSA does maintain a list of known disabling conditions, simply having one of these conditions is not a guarantee that your claim will be approved. According to the SSA, if you worked and earned more than $1,000 per month in 2010 or 2011, you are not considered disabled. Note this amount may change from year to year.
Some statistics on disability1
- A 20 year old has a 30% chance of becoming disabled before retirement age.
- Approximately 12% of the U.S. population is considered disabled.
- The average initial SSD claim takes 3 to 5 months to process.
- Over the last decade, an average of 53% of all initial claims were denied.
- As of December 2010, over 172,000 Alabama residents received Social Security Disability2. Of those, 65% were of working age (18-64 years old).
What conditions are considered disabling?
The SSA maintains a list of conditions it generally considers to be disabling. However, you are not necessarily considered disabled if you have a condition that appears on this list. Each case is considered independently. Some types of conditions may include:
- Spine and joint disorders
- Paraplegia or quadriplegia
- Respiratory disorders (asthma, Cystic Fibrosis)
- Heart problems, including heart failure or congenital heart disease
- Liver disease
- Chronic anemia or Sickle Cell disease
- Epilepsy or other neurological disorders
- Certain types of mental impairments
What do I do if my claim is denied?
If the Social Security Administration denies your claim, you have 60 days to appeal their ruling. (Note that if you were already receiving SSDI payments and the SSA terminated those payments, you then have only 10 days to appeal.) You do have the right to be represented during the appeals process and may wish to consider hiring an attorney with specific knowledge of disability law to handle your appeal.
The experienced Alabama disability attorneys at Charles Pitman Injury Lawyers can help you through the Social Security Disability application process or handle an appeal if your initial claim is rejected. Contact us today to learn more by calling 256-533-5000, e-mailing info@cpinjurylawyers.com or completing this form.
1Sources: www.ssa.gov & www.dol.gov/odep
2Sources: www.ssa.gov/policy/docs/statcomps/ssi_sc/2010/al.html
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