Obtaining an approval for sad begins with a medical disability but other factors are part of the decision. These include the jobs you have worked at, your age, level of education, what prevents you from performing your job or other jobs. Feel free to email me at [email protected]
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
There is no way to know based only upon the history of surgeries whether you would receive disability or not. As I often tell my clients, it's not the diagnosis alone that qualifies you for disability. We need the diagnosis to start down the path, but in order to prove you are unable to work any full-time job at all we would need to know the resulting limitations from the diagnosis. Additionally, as the responder above mentioned, there are many other factors to consider such as your age, education, and work history. I would consult with a qualified attorney in your area.
The answer is maybe.
Social Security reviews cases using the five-step sequential evaluation process to decide is a person is disabled. Here are the 5 questions that make up the sequential evaluation process:
(1) Does your impairment keep you from being able to perform a substantial gainful activity (SGA), generally full-time, competitive, work?
(2) Is your impairment severe? AND, is your impairment expected to remain severe for at least 12 months?
(3) Does your impairment “meet or equal” one of Social Security’s “Listing of Impairments?” A listing of medical conditions, acceptable medical evidence, and the severity necessary for an impairment to be considered disabling. There are separate listings for adults and for children.
(4) Does your impairment prevent you from being able to perform any job you performed over the last 15 years which was also a substantial gainful activity?
(5) Does your impairment prevent you from being able to perform any other type of work which exists in substantial numbers of the national economy?
It does not cost anything to apply, just a bit of time, so you should not delay in applying, as each month you wait you potentially giving up a month of benefits. Go to www.ssa.gov or call 1-800-772-1213 to apply before the end of this month.
In my opinion you should get an attorney as early in the process as possible as there is no fee unless you are awarded benefits (contingency) and the fees are set by Social Security law and would be the same regardless if you hire the attorney the week before your hearing or the day you applied originally.
Search here on Avvo, contact your local or state bar association, or check with NOSSCR or NADR to find a Social Security attorney in your area. Look for one offering a free no-obligation initial consultation (most do) then meet with one or more and sign up with somebody with whom you are comfortable working. NOSSCR Lawyer Referral Service - For help in finding attorney representation, contact its lawyer referral service during Eastern business hours: 800-431-2804 or see: http://www.nosscr.org/referral.html . NADR - Find a Representative - telephone the automated system at 1-800-747-6131 or see: http://www.nadr.org/find-a-representative/ .
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
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