When applying for Social Security Disability (SSD), you must prove that you have a severe impairment or combination of impairments expected to last at least 12 months and prevent you from working any job you have had in the last five (5) years. You also must show that you cannot perform any other work (perform Substantial Gainful Activity).
The Substantial Gainful Activity (SGA) monthly earning amount is an important number to know when analyzing an SSD claim. This number changes every year and is $1550 for 2024.
The first question the Social Security Administration (SSA) asks when evaluating your claim is whether you perform work at the SGA level. If you are performing SGA, then you are not disabled.
If you are not working, or working at less than SGA, SSA continues the process of evaluating your claim.
Social Security Disability law applies the same way from state to state. MCV Law can analyze the details of your case, protect your rights, and maximize your chances of having your claim approved.
Medical Evidence
You must have medical evidence showing you have a severe impairment(s). A “severe impairment” is one that significantly limits your physical and mental ability to do basic work activities.
You need three types of evidence to support your claim:
Objective Medical Evidence
These are records of testing and assessments which may include: X-rays, MRIs, CT scans, Nerve Conduction Studies, Laboratory Testing, Pathology Reports, EEGs, EKGs, etc..
Treatment records
These are notes your providers make at each visit. It is important that they provide clear, detailed documentation of your medical condition, including the symptoms you experience as well as any side effects from medication you take.
It is important that you report pain and any other symptoms to your providers at each visit. You should also report any difficulty you have with your daily activities due to your conditions.
Make sure you follow your providers treatment recommendations or explain why you did not (for example, you have a back injury and your doctor sent you to physical therapy that made your condition worse).
Avoid adding anything not related to your condition to your doctor as they may record activities that are inconsistent with your disability.
Functional Limitations
It is critically important for you to clearly describe how your condition impacts your daily life and work-related tasks. Describing the pain, fatigue, mobility limitations, and/or cognitive impairments associated with your condition will strengthen your case.
It is also very important to have your doctor comment on your functional limitations. How much can you lift and carry? How long can you sit, stand and walk? Do you need to use a cane to walk? Will you need ready access to a bathroom? Limitations should relate to your specific conditions and how they interfere with your ability to perform sustained work activity.
The type of medical evidence that you would need to support your claim should be decided by an experienced Social Security Disability lawyer. Insufficient or conflicting medical evidence can compromise your right to benefits. The SSA reviews cases on an individual basis, and it searches carefully for mistakes and inconsistencies.
The disability attorneys at MCV Law know exactly what SSA looks for when evaluating your application, and we can advise you on what will make or break your Social Security Disability case based on the nature of your condition and its impact on your work. We are here to give you valuable guidance and help you get your application approved.
Can you perform your past work?
Once SSA evaluates the medical evidence, they decide what limitations you have and compare what you can do to the physical and mental requirements of your past work. If SSA finds that you can still perform your past work, they will deny your case.
If SSA finds that you can’t perform your past work due to your limitations, they then decide if there is any other work you can perform with your limitations.
It is very important to describe in detail the physical requirements of your past work.
Get Your Life Back.
You know firsthand the challenges and limitations of living with a disability. Don’t try to navigate the Social Security Disability process alone. The disability attorneys at MCV Law will listen to you and craft a strategy to ensure your claim is thoroughly developed. We may suggest other treatment you need to prove your claim, and will request medical records from your providers.
We will communicate with SSA on your behalf, file all necessary forms and documents, and make sure all documents are completed accurately to maximize your chances of having your application approved. Applicants who have an attorney’s guidance enjoy a much higher rate of success in having their applications approved by the SSA. We have helped hundreds of applicants win the SSD benefits they need, and we look forward to helping you next.
It starts with a click or a call. Connect with our team today to begin crafting your strategy.