By: James R. Burn, Jr.

Many clients who call this office with questions about Social Security disability benefits think that they have to be unable to do anything at all, practically trapped in their own homes, to qualify for Social Security disability benefits. This is not the case.

To qualify for benefits, you have to be totally and completely disabled from “any and all substantial gainful activity.” This does not mean that you cannot live your life. This does not mean that you can’t socialize or even attempt to hold down a job. This means you cannot work.

The older we get, the less restrictive the laws can be in order for a person to qualify. For example, for a person in their 20s to qualify, they would probably have to be completely restricted from any work from their doctors. However, the same person with the same injury in their mid-to-late 50s with light-duty restrictions would be able to make an argument that they are entitled to benefits.

The important thing is to pick up the phone and ask for an evaluation of your situation. For every call that we receive to see if the person calling qualifies, it is sad to know that many other people simply chose not to pick up the phone. There is no obligation to ask the question, “Do I qualify”?

By: James R. Burn, Jr.

To qualify for Social Security disability benefits, the applicant for benefits must prove that their disability is going to last for 12 months or more. This does not mean that a person seeking Social Security disability benefits has to wait a full year before filing their claim.

If an individual seeking Social Security disability benefits has been advised by their doctors that they have an injury or disability that is expected to last more than 12 months, they should not wait to file their claim. They should do so immediately. It can take anywhere from 12 to 18 months from when the initial application is filed to have a hearing in front of an Administrative Law Judge assuming the Level 1 Application has been denied.

Additionally, you may be entitled to back pay. Therefore, why wait? If you believe your injury and disability is going to keep you from doing any significant work for more than a year, and your doctor supports such a position, file the application, and do not hesitate to call us right away.