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Indiana Personal Injury Lawyers | Truitt Law Offices Blog

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Friday, April 2, 2010

How Disability is Determined

The Social Security Administration uses a series of questions to determine disability after you have suffered some type of personal injury. These five qualifying questions provide a step by step process designed to help identify disability:

Are you working? – If you are working and your wages average more than $700 per month you will not normally be considered for disability.

Is your condition severe? – The impairments associated with your condition have to interfere with the normal work related activities to be considered disabled.

Is your condition found in the list of disabling impairments? – The Social Security Administration has a list of impairments that are organized by each of the major body systems. The impairments listed are those that are so severe they will automatically qualify you for disability status. For a condition that is not on the list, a determination must be made to determine if it’s as severe as one that is on the list. If it is not, go to the next step.

Can you do the work you did previously? – If your condition does not equal the severity of a condition on the list the Social Security Administration must determine if you can do the work you have done for the past 15 years. If you can, your claim will be denied.

Can you do any other type of work? – If you cannot do the work you have done in the past 15 years a determination must be made if you can do another type of work. Factors considered in this determination include age, work experience, transferrable skills and a review of job demands of occupations as determined by the Department of Labor. If you cannot perform any type of work your claim will be approved. If you can, your claim will be denied.

Having someone asking you all these questions can be intimidating. The outcome is important so it is essential to have an advocate who will help you navigate these questions and get the answers you deserve. If you live in the Indianapolis area, please contact Truitt Law Offices to find an Indiana spinal cord lawyer who can advise you of your legal rights at this time.

posted by Megan P at 10:32 AM

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