Frequently Asked Questions: Disability
What is a disability?
The federal Social Security Disability Act defines "disability" as the inability to do any regular paying work due to a physical or mental medical condition that will prevent you from working for at least 12 consecutive months or that will result in your death.
What conditions does Social Security consider to be disabilities?
A disability may be physical, such as an illness or injury, or it may be mental, such as a learning disability or a psychiatric disorder. It may also be a combination of the two. The Social Security Administration, or SSA, maintains a list of conditions that are severe enough to prevent a person who has them from working or that will result in that person's death. This list is known as the Listing of Impairments, and is updated regularly. However, any condition that prevents you from working for at least twelve months or will result in your death can qualify you for Social Security disability benefits. Since demonstrating that you have a disability can be complicated, you should strongly consider hiring a skilled Missouri disability lawyer to help you establish your disability to the SSA.
How does the SSA decide if I have a disability?
When you apply for Social Security disability benefits in Missouri, the Social Security Administration sends your application to the Disability Determination Services or DDS office in Missouri. DDS reviews your application in order to determine whether or not your condition meets the SSA's requirements for a "disability." In order to make this determination, DDS may contact your doctors, therapists, hospitals that have treated you, your school, and/or your employer for information about your condition and how well you can function. You may also be asked to undergo an independent exam by a medical professional working on behalf of DDS.
After examining your application and other information, DDS then makes a recommendation to the SSA whether or not your condition meets the SSA's definition of disability. If DDS believes you are a good candidate for vocational rehabilitation, they may also refer you to a local vocational rehabilitation therapist.
The disability determination is often the most complicated, time-consuming, and harrowing part of the process. According to the Social Security Administration, individuals who seek the help of a skilled Social Security disability lawyer often fare better during the process than those who do not.
What happens if the DDS decides I'm not disabled?
The Disability Determination Services or DDS office returns your file to the SSA, which keeps it for a certain amount of time in case you want to appeal the determination that you are not disabled. If you appeal, your file is sent back to DDS to be reviewed again, only this time by a different team of reviewers than those who looked at your file the first time.
If you are still found not to be disabled on appeal, you may then file another appeal with the SSA's Office of Disability Adjudication and Review, or ODAR. Usually, you will have a hearing before an administrative law judge as part of the appeal to ODAR. The help of a skilled St. Louis Social Security disability attorney is strongly recommended during appeal, especially if you did not have the help of an attorney to file your initial claim.
Can I get temporary disability payments to help me while my application is processed?
The Social Security Administration does not pay temporary or short-term disability payments. However, temporary or short-term help may be available from workers' compensation insurance or from a state or local agency. An experienced Missouri disability lawyer can help you find sources of support while your application for Social Security disability benefits is processed.
Applying for Social Security disability benefits is a complicated process. The help of an experienced Missouri disability attorney can be invaluable at this time. A skilled Social Security disability lawyer will examine your case thoroughly and work hard to build a strong case on your behalf. Call Page Law today at (314) 322-8515 for a free consultation.
Additional Social Security Disability Information
- Digestive Disorders
- Disability Denial and Reconsideration
- Disability FAQ
- Heart Disorders
- Medicare/Medicaid
- Social Security Checks
- Social Security Disability
- Social Security FAQ
- Spinal Cord Injury
- Vision Disorders
