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Am I eligible to receive Social Security Disability? 

If you work long enough at a job and paid social security taxes to the Federal Government, you may be eligible for disability if you become disabled.

According to the Social Security Administration’s rules and regulations, a "disability" can be physical or mental or in many cases a combination of both. In order to win your disability claim, your disability must be severe enough to prohibit you from working on a sustained basis in a regular job for at least 12 consecutive months.  That does not mean that you must wait for 12 months to apply for Social Security Disability, but that the disability will last at least 12 months.  You should apply for your Social Security Disability after you and your doctors agree that your disability is going to last a full 12 months.  You are not eligible for Social Security Disability if your condition doesn’t last a full year or 12 months.   Therefore, many individuals have to wait for a little while in order to see what happens with their medical conditions. Other people, who have been struggling to work and know for a fact that their condition is permanent, should immediately apply for social security disability as soon as they stop working.

The test for eligibility for Social Security Disability benefits is not whether you can go back to a prior job or whether you have been able to find a job recently. The test required is whether you are physically and mentally CAPABLE to work at a job that is available within the national economy.  To receive Social Security Disability benefits, you must have a physical or a mental health problem that prevents you from working on a regular basis. You may be eligible for benefits, even if you are able to work part-time.

Additionally, in order to obtain Social Security Disability benefits, you MUST have a doctor and preferably that doctor should be your treating physician to state in writing that you are disabled. The best evidence is to have your treating physician to complete a residual functional capacity assessment form (RFC).  (We will prepare the necessary RFC forms for you to take to your doctor to make you disabled.)  Your treating physician’s opinion should be supported by clinical findings and/or laboratory findings.  However, in many cases disabling conditions are sometimes very difficult to diagnose by objective testing. In that situation, it is our job to introduce your treating physician’s reports in a very favorable light in order to ensure that you receive the Social Security Disability benefits you deserve.

P.O. Box 489
South Church St. Cisco-Reed Bldg. Salyersville, KY 41465
Phone: 1-888-947-6837
Fax: (606) 769-0403
Email: groverarnett@groverarnett.com

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