San Antonio residents applying for Social Security disability benefits quickly find out just how overwhelming the process can be. The most important thing for those pursuing a disability claim a basic understanding of what’s involved, as well as the red flags that signal when it might be time to seek out the assistance of a lawyer.
Understanding the Disability Application ProcessThe Social Security Administration outlines the five stages of the disability application process on the agency’s website.
The first of the five stages of the disability application process is determining what the Sustainable Gainful Activity, or SGA, of the applicant is. The individual’s work activity is assessed to understand their monthly earnings. If their SGA indicates an income above the limit, then the individual is not considered disabled. If this amount is under the limit, then individual moves on to the next stage.
During the second stage, the severity of the disability must meet certain requirements related to duration that the claimant will not be able to work or generate income. The disability in question must be “severe” – lasting at least 12 months or leading to certain death – in order to continue in the process.
The third stage measures the impairment against accepted listing of disability types. The SSA maintains a list of recognized impairments on their website, and if the condition meets or equals a listing’s requirements, the applicant may be determined to be disabled. If it does not meet this requirement, the claim may move to the next stages if not denied.
The fourth stage reviews the ability of the applicant to perform any of their previous work. If it is determined that the individual has the mental or physical ability to engage in this work, then they are not considered disabled. This stage can be extensive and complicated, and is often where many become frustrated, as the burden of proof is squarely on the individual applying for disability benefits.
The fifth stage of the application process involves the Social Security Administration proving that, in place of the type of work the individual would usually perform, there are no opportunities for other work that the claimant might be able to perform. If there is an alternative job opportunity, the SSA will try to place the claimant with employment rather than approve the disability claim.
Keep in mind that throughout any of the five stages of the disability application process, the Social Security Administration can determine the individual is not eligible for benefits. With the full resources of the Federal Government in their corner, a successful claim requires you not only understand the disability application process, but also what your rights are under the law. This often requires the help of an attorney.
Let Carabin Shaw Represent Your Disability ClaimThe San Antonio social security disability attorneys of Carabin Shaw in San Antonio have decades of experience in assisting potential Social Security beneficiaries apply for disability. Our attorneys have the resources to help you navigate the complicated bureaucracy involved in the application process. Our commitment is to minimize the stress you may experience when applying for Social Security disability benefits.
Working with a San Antonio Social Security Disability Claims Attorney at Carabin Shaw is easy. First, call our office in San Antonio and schedule an initial consultation with one of our attorneys at no cost to you. We will review the details of your disability claim and determine what documentation will be required to expedite your application. When you decide to let us work on your behalf, we will represent you throughout the process to ensure your application is given the consideration it deserves and that you’re treated fairly.
Call the law offices of Carabin Shaw today and schedule an appointment with one of our attorneys in San Antonio by calling 210.222.2288.