Defending Your Custody Agreement: Protecting Your Education Choices

What Makes A Strong Disability Claim?

9 March 2016 by Daryl Young

If you are thinking about filing for disability, then there are a number of things that you should know before proceeding. By understanding how the process works, you can get a good idea of just how strong your claim is.

Who can file for disability?

The biggest and most important question that you need to consider is whether you qualify for disability. Unfortunately, that can be a lot more complicated than you might imagine, so here are some of the main criteria that are considered:

What exactly is the nature of your injury?

First, the government will want to know exactly what kind of injury you have. If your injury falls on a certain list, then your disability claim will be essentially guaranteed to succeed. If you do not have one of the listed injuries, then the government will need to look at the facts and go through a longer examination process.

If you think that your injury does fall on that list, then you want to get medical documentation that states such. If you do not have such evidence available when you file your claim, then you are only hurting your chances.

Can you work?

Secondly, the government will want to know whether or not you can still work. Specifically, they want to know if you can work in the same capacity as you did before your injury, and if not, then whether you can work in a different capacity in the future.

Right off the bat, you need to know that you can't really file for disability if you are currently working. If you make more than $1130 a month, then your chances of a successful claim are not looking good.

If you are not working now, then the government wants to know whether you can work in the same capacity as your old job. If you can do that job with your injury, then your claim is going to get denied.

Finally, the government will decide whether you can perform other work, taking into account a variety of factors, including your training, education, and demographic information. At this point, you want to have as much evidence as possible to say that you cannot be retrained for another position. If you can prove that you are unfit for other work, then your claim will be granted, but if you fail to do so, then your disability claim may end up being denied.

For more information, talk to a social security disability lawyer like The Nelson Law Firm LLC.

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