Do you suffer from a disability that prevents you from working? If so, you may be eligible to receive disability benefits from the federal government. The Social Security Administration determines whether or not a person qualifies to receive disability benefits. Retaining the services of a knowledgeable and experienced attorney can help ensure that you provide the proper evidence of qualification.
A Working Definition
For an individual to receive disability benefits they must first establish that he or she is actually disabled. A disability is “the inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months” as defined by the Social Security Administration.
Proof of Impairment
Any individual seeking benefits must prove the existence of a recognized impairment through:
- Diagnosis by a physician
- Reporting of symptoms
- Clinical signs
- Laboratory findings
If medical attention has yet to be given for the impairment then the SSA is responsible for securing such evidence. The evidence will be more persuasive if it describes the individual’s ability to perform work-related functions.
Substantial Gainful Activity
The second criteria that an applicant must demonstrate is that he or she in unable to engage in “substantial gainful activity” in these situations:
- If the person’s impairment is listed, or the functional equivalent of a listed impairment, or;
- If his or her history indicates that he or she is able to perform substantial work
Substantial gainful activity means employment for profit, whether full or part time. The SSA will examine his or her work history, age, education and daily activities to determine if that individual has the ability to perform useful work.
Call an Indianapolis Social Security Lawyer
If you or a loved one is unable to work due to a disability, you may qualify for Social Security disability benefits. Contact the Indianapolis disability lawyer of Hankey Law Office at (800) 520-3633.