Social Security Disability Lawyer Blog

When you apply for Social Security disability benefits, the SSA evaluates your mental and physical limitations to determine what type of work you're still able to perform. To be considered disabled and win benefits, you have to prove that you're unable to perform any basic work activities. The SSA examines your medical evidence to see if you're capable of performing the types of work described below:

Sedentary

A job is considered sedentary if walking and standing only take up about two hours in an eight hour work day. Sedentary work requires you to sit for up to six hours a day. It involves occasionally lifting no more than 10 pounds at a time and lifting or carrying small items, such as paperwork. Most unskilled sedentary jobs require you to use your hands and fingers. Examples of sedentary jobs include receptionist, packer, sorter, surveillance systems monitor, and dispatcher.

Light

Light work requires the ability to stand for up to six hours in an eight hour work day. You have to be able to lift up to 10 pounds frequently and up to 20 pounds occasionally. Jobs that are classified as light work may require you to stand and walk often, but some may require you to sit for most of the day, pushing or pulling arm and leg controls. If the SSA determines that you're able to perform light work, you'll also be considered able to perform sedentary work. Examples of light work include cashier, stocker, and security guard.

Medium

Medium work requires you to stand up to six hours in an eight hour work day. You are also required to have the ability to lift 25 pounds frequently and 50 pounds occasionally. In addition, medium work involves sitting, kneeling, climbing, and squatting. Plumbing and construction are examples of medium work.

Heavy and Very Heavy

Heavy and very heavy work requires you to stand for the same amount of time as medium work, but you also have to be able to lift up to or more than 100 pounds. The most difficult types of construction work, such as construction cleanup, are classified as heavy or very heavy work.

Need an Atlanta Social Security Disability Lawyer?

The Social Security Administration (SSA) defines being disabled as the inability to work because of a medical condition that has lasted 12 consecutive months or more. Migraine sufferers applying for disability benefits must present evidence showing that they suffer from frequent headaches that are severe enough to significantly limit their ability to perform activities that are needed for most jobs, such as seeing, hearing, speaking, walking, standing, reaching, carrying, handling, and understanding and remembering simple instructions.

If you engage in substantial gainful activity, you do not qualify for Social Security disability benefits. According to the SSA, substantial gainful activity is defined as working and earning more than $1010 per month. The SSA will also review your work history and medical records to determine whether or not you're capable of engaging in past work or some other form of work. If the SSA finds that you're capable of performing any work you've done in the past or that you qualify for other jobs based on the work skills you possess, you will be denied disability benefits.

To win Social Security disability benefits, migraine sufferers must produce evidence of the severity of their condition. Some types of evidence that migraine sufferers can gather to make their case include the following:

 Medical records
 Employment records
 Letter from doctor
 Statements from former bosses and colleagues
 List of medications

Do military members qualify for expedited processing of disability claims?

Some wounded active duty military service members are eligible to receive expedited processing of their disability claims from Social Security. The expedited process is used for military members who became disabled while on active duty on or after October 1, 2001.

Does military pay affect your eligibility for Social Security disability benefits?

You cannot perform substantial gainful activity and be eligible for Social Security disability benefits, but active duty status and the receipt of military pay don't necessarily make you ineligible for benefits. Your actual work activity is what determines your eligibility for Social Security disability benefits. So, if you're on active duty but you're currently in a military hospital undergoing treatment, you'll likely qualify for benefits.

Can veterans receive benefits for past disabilities, even if their health has improved?

If the Social Security Administration (SSA) finds that you are disabled under their rules and your application was filed within a specific period of time, you may qualify for disability benefits for a closed period of disability. In order to qualify, you must have filed an application for disability benefits within 14 months after the disability ended and prove that you were unable to perform gainful work for a continuous period of 12 months.

How is the Social Security disability system different from the VA system?

The primary difference between the Social Security disability system and the VA system is that there are no percentages of disability in the Social Security system. For example, in the VA system, a veteran may be considered 10%, 20% or 50% disabled, whereas in the Social Security system, it is all or nothing.

Can you get both Social Security disability benefits and VA benefits?

Yes, you can receive Social Security disability benefits and VA benefits at the same time. However, if you receive both Supplemental Security Income (SSI) and VA pension, which are both need-based, the SSA will count your VA pension when calculating your SSI benefits. If you're a veteran applying for both SSI and VA benefits, speak with a lawyer about how the benefits will affect each other.

How does a military member or veteran apply for Social Security disability benefits?

You can apply online or at your local Social Security office while you're still in the military or after discharge. You can also hire an Atlanta Social Security disability lawyer to help you with your claim. It's ideal to find a lawyer who handles both Social Security disability and VA claims.

Should I get an attorney?

Hiring a Social Security disability lawyer isn't a requirement, but an attorney can help you navigate the complex process of applying for disability benefits. An attorney can answer all of your questions, gather and submit medical records, and fill out paperwork on your behalf. Hiring an attorney may be particularly beneficial if your initial application was denied. In the Social Security system, attorneys work on a contingency fee basis, so there are no upfront costs involved.

Work with Atlanta Social Security Disability Lawyer Louis B. Lusk