When is a Disability Not a Disability?

Millions of Americans struggle with disabilities every single year. However, only a relatively small portion of these people are considered eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). But when is a disability not considered a legal disability, and why might it matter if you apply for SSDI or SSI benefits?

What is a Disability in Legal Terms?

In the context of Social Security disability benefits, a disability refers to any medical condition that prevents someone from holding down a job or handling ordinary tasks. This includes both physical issues, such as diabetes, paralysis, or cancer, as well as psychological problems like depression, schizophrenia, or PTSD. However, not every medical condition necessarily qualifies for disability benefits.

When Does Your Disability Qualify for SSDI or SSI?

In order for a disability to qualify someone for SSDI or SSI, it must be sufficiently severe that it prevents someone from taking care of themselves or maintaining employment, even with medical treatment. This is a subjective measurement in many cases, as this determination is based in part on what skills they have and how likely they are to be able to hold down a job with their condition. For example, a construction worker who loses both of their legs in an accident might be considered disabled, while an accountant with the same condition might not be, due to the accountant not requiring functional legs to do their job.

Why Might Your Disability Not Qualify?

There are a few reasons someone might not qualify for SSDI or SSI, even with a severe medical condition. First, if they have failed to seek medical treatment for their condition, or ignored their doctor’s orders, they may have their disability claim denied, since it is not clear if the condition might be managed through adequate treatment. They might also not qualify if they can maintain employment with reasonable accommodations from their employer, meaning they can do their job with some basic assistance.

What Should You Do?

If you have a serious medical condition and want to apply for disability benefits, you should speak to a lawyer with experience handling disability benefit claims. They can help you go over your case and get you the best possible outcome for your circumstances. The sooner you call, the sooner they can get to work for you.

If you or a loved one need assistance applying for SSDI or SSI benefits, it is important that you seek the guidance of an experienced Social Security Disability benefits lawyer. The lawyers at Sullivan & Kehoe, LLP have over 50 years of combined experience between its attorneys and are available to you or your loved one in obtaining Social Security Disability or Supplemental Security Income benefits. To schedule a consultation with our New York Social Security Disability benefits lawyers, call (631) 823-7155.

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