Eligibility - The First Stage Toward Claim Approval
The social security disability laws provide certain requisites for the approval of a petition for disability claim. As initial step, the eligibility of a claimant must first be determined in order to ensure that the benefits apply. Determining whether a claimant is eligible for a disability has its requisites.
- To qualify for a disability claim, an employee should earn less than the average monthly income set by the Social Security Administration, which is determined by the amount of his tax contributions. This standard varies each year depending on the cost of living.
- The affliction or disability must be so serious to the degree that it must have considerably reduced the person’s capability to perform work for the period of twelve months or one year.
- The claimant’s condition or sickness must be listed in the List of Impairments set by law. Otherwise, if the sickness is not listed, the Social Security office will determine whether it is as severe or harsh as those listed.
- To be considered as disabled, the claimant must prove that he is incapacitated to perform his former job.
- The Social Security Administration will assess a person’s capability to work based on medical condition, educational attainment, age, employment record, and working skills. A person who is unable to continue his former work but could perform other jobs is ineligible for claim.
Once eligibility is determined and the claimant hurdles the requisites, the claimant’s petition for qualification may be approved.
Next, the disability benefits lawyer and the agency will assess whether a claimant qualifies for the benefit he is applying for. The approval of a petition for eligibility often paves the way for the subsequent granting of a claim.
A claimant is notified of the approval through mail sent by the state social security agency. The approved petition often states the amount of payment and the date when the benefits payment will start.
Establishing the eligibility for a benefit claim is a complicated task for someone who is unfamiliar with how the system works. Hence, for the best possible results in obtaining a successful claim, a claimant would need the services of social security benefits attorney. In this way, he has better chances not only of getting his petition approved; but also obtaining a gainful result for his claim.
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