If my drivers license is taken away due to a disability, will this make it easier to obtain SSDI beneifts?
4 attorney answers
My colleagues are correct - the answer is maybe. As a general rule, SSA does not consider whether someone would hire you, or whether you have transportation, or how much you would earn, or other things like that. The question is really about work ability - can you perform any substantial gainful activity (real work for ereal pay) - and that could be anywhere in the US. So, since many places have lots of public transportation available, the loss of your license is not a very persuasive fact to support diability by itsel..
You might want to talk to an attorney in more detail to discuss all ofyour particular facts. You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.
In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.
Their link is: http://www.nblsc.us/
You may also contact NADR (National Association of Disability Representatives) www.nadr.org – automated Telephone Referral System at 1-800-747-6131.
Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.
I hope this information helps. Good luck to you!
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I agree with Robert's comment and I would add that, SSA may also take the loss of your license into consideration when evaluating how your disability affects your ability to work and carry on functions of daily living.
In my experience, SSA will not give much weight to non-medically related transportation problems in getting to and from the typical job. However, if your job is as a commerical driver, and the job requres a specialized drivers license, then medical reasons for the loss of the driving privilege may be an important factor in your SSDI case.
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