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Permanent Disability


Under Social Security Administration (SSA) guidelines, disability is strictly defined in the context of total disability. Based on this strict definition, a claimant must be considered completely and indisputably disabled to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Put it differently, SSD or SSI benefits can only be awarded to those claimants who have demonstrated a severe, ongoing physical or mental impairment including permanent disability that is not likely to improve, under any circumstances, within 12 months.

Social Security Disability Insurance or SSI is given to those totally or permanently disabled. The SSA considers an individual totally disabled if he or she is unable to earn more than the substantial gainful activity amount for a given year.

On this score, it is worthy to note that the SSA does not define totally disabled as unable to perform any work. The claimant can work while he or she has applied for disability and even after an award of disability is given. The only consideration is that, the claimants or awardees cannot make more than a certain amount per month in order for their application to be approved or their benefits to continue. (The monthly SGA for 2011 is about $1000 for non-blind individuals.)

In the application for a claim, the disability claimants, whether permanently disabled or suffering total disability must be able to document, through their medical records, that their condition is severe enough to prevent them from returning to their job, or from performing any other job for which they may be suited, for at least one year. This is necessary in order for their application to be given due considerations and for their claims approval.

Under existing conditions, the medical documentations are indispensable evidentiary matters that are needed in order to avoid interruption of disability benefits payment, as well as in the benefit application.

Social Security (Permanent) Disability Claims Guide

For a better guide on this kind of benefit, here are some important reminders, especially applicable to the new applicants:

Foremost, with the strict requirements and complex process of social security permanent disability benefit claim, it would be wise for the claimants to consider seeing a lawyer to help them in their application. The lawyer can very well help them in their pursuit for disability benefits that would really end in a successful claim.

As soon as they retain a lawyer, the attorney will proceed as their representative and act on their behalf in reference to their claims. They can call the SSA and tell them they want to start the paperwork for their permanent disability application.

The applicant should gather all pertinent medical records and documentation within their reach. This will become part of their evidence to substantiate their Permanent Disability Claims.

Our experienced Social Security disability attorneys specialize in claims involving permanent disability and other disability claims. We have represent clients in cases involving permanent disability in California, especially in its key cities and other areas.

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