Partial Disability Awards

Sometimes we get questions about a partial disability award from Social Security.   The VA will often award veterans a 30 percent disability, etc.  Some workers compensation claims are awarded on the basis that an individual suffers from less than 100 percent disability but still has some partial loss.

In Social Security, however, it is "all or none."  You are either disabled or you are not.  There is no such thing as 30 percent or 50 percent disability.  You have to be 100 percent disabled or you not disabled - nothing between.

What is the definition of "disabled" for Social Security?  You have to be disabled by a mental or physical impairment which is medically determinable.  You have to have such a severe impairment that you cannot perform any of your past relevant work (the work you have done during the last 15 years) - or any other work which exists in significant numbers in the national economy.

There is also a duration requirement.  Your impairment must have lasted for 12 consecutive months, or be expected to last that long.  

Here is my advice for individuals who anticipate filing a disability claim with Social Security in the near future:
  • See your doctor regularly and follow recommended treatment.
  • Tell your doctor about your illness or disease and all your symptoms.
  • If possible, take all recommended tests, such as MRIs, X-rays or CAT scans.
  • File your disability application as soon as you believe you will unable to work for 12 months or more.  (You don't have to wait 12 months).
  • Realize that 70 percent or more will be denied on the first try.  Expect that and be prepared to file the necessary appeal as soon as you are denied.
And remember, you do not have to be bed ridden, confined to a wheelchair or unable to walk, drive, etc. to be disabled.  The basic rule is that you are not able to do full-time work, 8 hours a day, 5 days a week - and you will be unable to work for 12 months or more. 
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For a free evaluation of your Social Security disability claim, please contact me at the Forsythe Firm.  We are located across from Bridge Street in Huntsville.  For an appointment please call (256) 799-0297.  Our receptionist will forward your call to me personally.  You will not have to waste time with a secretary or paralegal.  If I believe I can help win your claim, I will handle it for you on a contingency fee.  This means you pay no fee at all unless you win your case and you collect retroactive pay or back pay in the form of a lump sum settlement.  Your future monthly checks will not be reduced or affected.  (256) 799-0297.
 

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