Top Factors Which May Affect Your Claim for Disability

The Social Security Administration has a definite definition of disability. The law the agency follows states that for an individual to be considered disabled, they must not be able to perform any substantial work due to medical conditions. The medical condition must also have lasted or will last at least one year or may result in the death of an individual.

The Social Security Administration will pay benefits to these individuals that can no longer earn a living due to their incapacitated state. However, because of the strict guidelines, many individuals have a difficult time trying to get benefit claims approved due to the nature of their condition. There are other extenuating factors that need to be considered which can cause a rejection of a claim. These factors include:

• An applicant is automatically reasoned to be disabled if the application presents with a medical condition that is already listed on the SSA’s list of medical conditions.
• If the applicant’s medical condition is not on the list but considered to be so severe that it interrupts the job duties the applicant previously performed, the claim may not be rejected.
• If an applicant is earning an average income exceeding $980 a month, their claim will automatically be considered not disabled.
• If an applicant can prove they can no longer perform their previous job duties, there will then be a determination as to any other work is a possibility. If the applicant can adjust to different work, their application for disability benefits will be denied. If no other work is appropriate, the application will likely be approved.

There are several complexities involved in the medical conditions and disabilities involving Social Security Administration benefits. Because of this, many people will need an experienced legal representative to fight back after a claim is denied. If you need help filing a claim for disability which has been rejected, contact our office toll free at 866-205-2415 or use our online contact form for more information

Contact Us: Markhoff & Mittman PC 866.205.2415 or info@markhofflaw.com

Serving disabled individuals and their families since 1933. We handle cases througout New York City, Bronx, Brookyln, Queens, Long Island, Westchester and Rockland. We have offices in White Plains, Monsey, Bronx, East Meadow and NYC! Call us or email us today.

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