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Social Security Disability Eligibility - Do you qualify?

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Tuesday, 16 February 2010 06:35

Brief overview of Social Security Disability Benefits

The Social Security Administration's (SSA) program covers those who are unable to work due to a disability. This is in keeping with the organization's general theme of ensuring that those who cannot provide for themselves are taken care of. The payments are made to individuals monthly and accounts for one of the most significant proportions of government expenditure.

Understandably, the issue of disability eligibility is one of the more contentious problems that the SSA faces. This is because the intuitive understanding of who is disabled can vary greatly from person to person. In the interests of fairness however, the same standards are laid down for all.

Eligibility Criteria for Social Security Disability

The DDS makes an evaluation of disabililty based on three basic criteria. It first looks at whether or not you're able to do work that you were able to perform before your condition arose. It also examines whether or not you will be able to adjust to a new work style. And finally, it makes a determination of whether of not your condition is likely to last for over a year. The SSA operates on the principle that any disability occurring for a period shorter than a year can be handled by other family members, investments, savings or other support systems.

There are lines drawn for each criteria. For example, if you're working at a job and earn over $1000 a month, the SSA is likely to rule that you're not disabled. Similar constraints hold for all other parameters.

Social Security Disability Eligibility

DDS and ODAR - Two arms working side by side

There are two branches of the SSA which compliment each other while determining and reviewing disability claims. The DDS (Disability Determination Services) is responsible for making the initial objective judgement of disability based on medical records as well as Consultative Exams (CE). In case a person doesn't agree with the findings of the DDS, they can file a claim for reconsideration.

The ODAR (Office of Disability Adjudication and Review) however, is where you want to go if you're still not happy with the determination of the DDS and want a hearing before an Administrative Law Judge (ALJ). And finally if a person wishes to contest the judgement of ODAR, they can go before the Appeals council and then the Federal District Court.

Hiring a Social Security Disability Attorney

Based on statistical data, it has been shown that having an attorney handle the proceedings for you results in a much higher disability acceptance rate than going on without one. Our Clawson & Clawson attorneys are experienced in handing disability claims and will give you a much better shot at getting accepted by the DDS, not to mention also taking care of the tedious paperwork. Contact us for a quick consultation.



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