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 over the past two years, you are not considered disabled. Note this amount may vary from year to year.
Some statistics on disability
- 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.
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 disability attorneys at Charles Pitman Attorneys at Law can help you through the Social Security Disability application process, or handle an appeal if your initial claim is rejected. Contact us today by calling us toll-free at 855-4-PITMAN, or by filling out a case review form.