Social Security Disability Decision Process
When you become disabled through an injury or illness and you are no longer able to work, you may be eligible to receive Social Security Disability Insurance (SSDI). In order to receive benefits, a state designated agency must determine that you are no longer able to work in any capacity. When you are already dealing with your illness, medical expenses, and a large amount of paperwork, applying for SSDI can feel overwhelming.
Applying for disability can be time consuming, but receiving the benefits owed to you can make all the difference in making ends meet. Over 2 million people file claims for Social Security benefits every year, and most people who file claims are denied at least twice. The best way to ensure that your claim is properly handled the first time is to have a Social Security Disability attorney on your side.
The Social Security Disability lawyers of Terry, Terry, and Stapleton have the experience and knowledge to help you with this process. We represent clients throughout Tennessee, including Rogersville, Newport, Morristown, Knoxville, Kingsport, Johnson City, Jefferson City and Greeneville. Call us today at 877-489-5411 for help with your disability case.
Application Process
The Social Security office will review your application to determine whether you worked enough years to qualify and to assess the level of your current work activities. If you meet these criteria, your application will be passed on to the Disability Determination Services office in your state which completes the disability decision for the Social Security office.
The state agency will ask your doctors and specialists for information about your condition and will consider all the facts in your case. They will use the medical evidence from your doctors and hospitals, clinics or institutions where you have been treated and all other information. Specifically, they will ask the medical team for the following information:
- What your medical condition is;
- When your medical condition began;
- How your medical condition limits your activities;
- What the medical tests have shown; and
- What treatment you have received.
Social Security officials also will ask the doctors for information about your ability to do work-related activities, such as walking, sitting, lifting, carrying and remembering instructions. Your doctors are not asked to decide if you are disabled.
Additional medical information may be needed before a final decision can be made. It is possible that the state agency will ask you to go for a special examination. Although the preference is to use your current doctor, the exam may be conducted by another qualified physician.
Making the Decision
The Social Security Office uses a five-step process to decide if you are disabled. The following questions are asked and the answers are analyzed to determine your level of disability. The questions are used as a decision tree and the process can be stopped at any point along the way with your disability request being denied.
- Are you working? If you are able to maintain employment, and your earnings average more than the Social Security offices established guidelines, you will generally not be considered disabled and your request will be denied. If you are not working, or your monthly earnings average less than the Social Security offices established guidelines, the office will move forward with the next question — your medical condition.
- Is your medical condition “severe”? This step determines whether your medical condition qualifies as a disability. In order for the state agency to conclude that you are disabled, your ability to do basic work activities, such as walking, sitting and remembering — for at least one year — must be significantly limited. If your condition is not found to be severely limiting, you will generally not be considered disabled and your request will be denied. If your condition is considered severe, the state agency office will move forward with the third question — the list of impairments.
- Is your medical condition on the List of Impairments? The state agency has a List of Impairments that describes medical conditions that are considered so severe that they automatically indicate that you are disabled as defined by law. The list is divided into 14 medical areas such as digestive system, cardiovascular system, skin disorders and mental disorders. If your condition or combination of medical conditions does not appear on the list of impairments, the agency will look for a condition on the list for comparison and determine if the severity matches. If the severity of your medical condition meets that of a listed impairment, the state agency will decide that you are disabled. If the severity of your medical condition does not meet the severity of any condition of listed impairments, the office will move forward with the next question — can you perform your work.
- Can you do the work you did before? At this step, the agency will determine if your current medical condition prevents you from being able to perform the same work you did before you became disabled. If the agency determines that you can perform your previous work duties, it will decide that you are not disabled and your benefits will be denied. If the agency determines that you cannot perform your previous work duties, it will move on to step five – can you perform any work.
- Can you do any other type of work? If you are not currently working, and you cannot perform the work you had performed prior to your disability, the agency will determine if there is any other work that you can perform. The agency will further evaluate your medical condition, confirm your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot perform any other work, the state agency will decide that you are disabled and you will be approved for disability benefits. If the agency determines that you can do other work, the state agency will decide that you are not disabled and your claim will be denied.
Decision Letter
When the determination is made on your disability status – approved or denied – the Social Security office will send you a letter with the appropriate details. If you have been approved to receive disability benefits, the letter will show the amount of your benefit and the start date of the payments.
If your application for disability benefits has been denied, the letter will explain why your application has been denied and will provide you with appeal information.
Contact Terry, Terry, and Stapleton to File an Appeal
At Terry, Terry, and Stapleton, we handle Social Security Disability cases from the initial application stage through administrative hearings and federal court. We will properly prepare your application and the medical evidence of your disability. Whether your case falls under SSDI or SSD, our Social Security attorneys can help you get the disability benefits you deserve.
If you feel that your application has been unfairly denied, contact the Tennessee Social Security Disability attorneys of Terry, Terry, and Stapleton at 877-489-5411 or via our online form.
