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A Few Things To Know About Disability Claims and Benefits
The federal Social Security Disability Act defines a "disability," as the, "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or is expected to last for a continuous period of not less than 12 months."
In order for a person over the age of 31 to be eligible to collect Social Security Disability benefits, they must have worked for at least half of the previous decade. When it comes to collecting these benefits, there are some federal specifications which must be adhered to.
The question of whether or not you may reasonably return to the job which you've lost or taken leave from is irrelevant, as is the question of whether or not you have been able to find alternative jobs; instead, the federal statute is concerned with whether or not you are reasonably capable of performing tasks in a standard working environment. However, your benefits will vary based on your salary when you became disabled.
To make that determination, a doctor must make a prognosis which can be documented and "proven," through clinical and laboratory measures. This makes it a somewhat difficult process, especially since many debilitating conditions are not easily pinned down through these procedures. But in order to file a disability claim, these requirements must be fulfilled.
Though it is wholly possible and legal for an individual to file their own claim, statistics have shown that those who file with the assistance of a legal representative to guide them through the process are more likely to be granted the benefits they seek, as they are equipped with the specific skills to be able to jump through the government's hoops.
It is important to note that if you have filed for disability benefits and been denied in the past, it is possible to make subsequent attempts. You are not guaranteed success simply because of perseverance, but if your disability is genuine, you should certainly try again, especially if you did not have legal counsel the first time around.
After being awarded Disability benefits, it is sometimes permissible for you to return to work, but usually with a drastically reduced schedule. If you begin working the same number of hours as before you become disabled, you will not longer be eligible to receive your benefits. So, if you are prepared to return to the workplace, be sure that you have made enough of a recovery to fully forfeit the disability supplement.
About the Author If you need professional legal representation to fight for your disability claim, be sure to visit Disability Insurance Advocates (http://www.disabilityinsuranceadvocates.com/) to get the representation you need and deserve. Art Gib is a freelance writer. |
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