Speak with Our Social Security Disability Lawyers in New York
Having worked hard your entire life, suffering a disability and not being able to work can be extremely difficult to accept and cope with on a financial, physical, and mental level. The Social Security Administration (SSA) provides benefits to individuals who meet specific criteria regarding disability, work history, and medical impairment.
Since "disability" by SSA standards must be total and not partial or short-term, in order to be considered disabled under Social Security, all of the following must apply:
- An individual must not be able to do work that he or she did previously.
- SSA must determine that a person can't adjust to other work due to the medical condition(s).
- The disability has persisted and is expected to last for at least one year or to result in death.
Listing of Impairments
In relation to what SSA considers a disability, the Listing of Impairments are medical conditions that are permanent or expected to result in death, described for each major body system. For some disabilities included as a listed impairment that aren't permanent or won't cause death, there is a particular statement of duration in which the condition is expected to last.
In order for a person to qualify for benefits under Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), there must be evidence demonstrating that the impairment has endured or is expected to endure for at least 12 months. The Listing of Impairments highlight the conditions in which a person may qualify for SSD benefits.
The impairments included as qualifying conditions are described as serious enough to hinder a person from doing any gainful activity. For children who are under the age of 18, these SSD qualifying conditions must be serious enough to cause significant and detrimental functional limitations.
Adult Listings (Part A)
The medical criteria outlined in Part A of SSA's Listing of Impairments applies to the evaluation of medical conditions in adults age 18 and above. However, these standards are also applied in evaluating medical conditions in children under the age of 18 when a particular disease has similar effects on both adults and young children. The adult listings are categorized as the following:
- Musculoskeletal System
- Special Senses and Speech
- Respiratory System
- Cardiovascular System
- Digestive System
- Genitourinary Impairments
- Hematological Disorders
- Skin Disorders
- Endocrine Disorders
- Impairments that Affect Multiple Body Systems
- Neurological
- Mental Disorders
- Malignant Neoplastic Diseases
- Immune System Disorders
Childhood Listings (Part B)
When SSA evaluates a person under the age of 18 for SSD benefits, they will refer to the listing of impairments in part B first. If a child's or young adult's disability is not described in part B, then SSA will refer to the medical criteria in part A. The childhood listings are categorized as follows:
- Growth Impairment
- Musculoskeletal System
- Special Senses and Speech
- Respiratory System
- Cardiovascular System
- Digestive System
- Genitourinary Impairments
- Hematological Disorders
- Skin Disorders
- Endocrine Disorders
- Impairments that Affect Multiple Body Systems
- Neurological
- Mental Disorders
- Malignant Neoplastic Diseases
- Immune System Disorders
It is important to note that even if an individual suffers from a disability that isn't included as a listing-level impairment, this doesn't mean that the individual isn't disabled. A missing impairment calls for an evaluation of the medical condition and applying other SSA rules to establish disability.
Lawyers Protecting the Rights of Disabled Workers
Seeking Social Security disability benefits and the process of filing a claim is much more complicated than one would think. However, even if your SSD claim has been denied, you can't give up. The appeals process may be a bumpy road, but a favorable solution is within reach. The more you know about the intricacies of SSA and SSD claims, the better your chances are of being successful in obtaining the benefits you deserve. A skilled Social Security lawyer in New York at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, will help you to ensure that no stone is left unturned and that the proper medical evidence is gathered to prove the extent of your disability. For a free consultation, call us today at (212) 986-7353.