How Does the SSA Define Disability?
To qualify for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits, there are specific criteria involved. These criteria include:
Your disabling condition must be of a severe nature. Not all medical conditions are considered severe enough to warrant benefits. It can even be challenging to measure the severity of a medical problem. The SSA classifies severe impairments as medical problems that interfere with a person’s normal activities of daily living, which are called ADLs. As far as an adult goes, this is how they are impacted in regards to the ability work to or inability to work. When it is being considered for children, the ADLs involved the ability to participate in age-appropriate activities.
The disabling medical condition must last a minimum of a year in order to be approved for either kind of Social Security disability benefits – SSI or SSDI. If you file for disability benefits and your medical records indicate you have disabling and severe medical problems but those issues will improve within the next year, you will be denied benefits because of the duration not meeting the requirements. The duration of a condition is how the SSA decides if a disability claimant’s condition is permanent.
You must face mental or physical limitations, or a combination of those two, that eliminate your ability to return to one of your former jobs. Usually, the SSA looks at any work you performed during the last 5 years of your life. Your condition’s severity must render you unable to use your education and work skills toward any previous kinds of work duties or another kind of work. Also, you must not be able to use any remaining functional abilities toward any other kind of work.
Most disability claims are denied at the initial application level and even at the reconsideration levels, either because the claimant is believed to be able to return to a former kind of work or the claimant is believed to be able to perform some other kind of work duties. Applicants who receive a benefits denial based on their past work duties or are believed to be able to do some other kind of work have little chance to argue the merits of the case or dispute those beliefs. When the case reaches the disability hearing, you can rebut those allegations of being able to work. Your Milwaukee SSD lawyer can challenge the claim that you can return to a past kind of work or that you can transition to some other kind of work by providing specific evidence and using example scenarios.
The challenge focuses on the applicant’s work history during the last 5 years, which is deemed to be the relevant time frame for disability claims. The challenge involves a detailed knowledge of the disability process, including an understanding of substantial gainful activity (SGA), unsuccessful work attempts, works skills transferability, and different medical-vocational rules, which called the grid. These are involved directly with the decision of whether or not to award someone disability benefits and whether to term someone as “disabled” or say they are “not disabled” per SSA guidelines. Of course, all these things are dependent on the case specifics. Having a good Milwaukee SSD lawyer can make contesting allegations that you are able to return to work much more effective as well as easier.
How We Can Help
Social Security Disability Legal ServicesWe represent individuals in:
From your first application through final resolution, our attorneys protect your rights and help you pursue the benefits you’ve earned through your work history. We guide you through every stage of the Social Security process, ensuring paperwork is completed accurately, deadlines are met, and medical evidence is thoroughly documented.
Filing an Initial SSD Claim
Applying for Social Security Disability can be overwhelming. Even minor errors or missing documentation can delay approval.
Our attorneys assist clients by:
SSD Appeals and Hearings
Many valid SSD claims are denied at the initial level. A denial does not mean you are not disabled; it simply means additional evidence or clarification may be required.
Our firm represents clients through:
Requests for Reconsideration
Administrative Law Judge (ALJ) hearings
Appeals Council review
Federal court appeals when appropriate
We analyze denial notices, identify weaknesses in the prior decision, gather additional medical or vocational evidence, and prepare strong legal arguments to support your claim.
Ongoing SSD Issues
Even after approval, beneficiaries may face continuing disability reviews (CDRs) or benefit termination issues.
We help clients:
Respond to continuing disability reviews
Address overpayment notices
Protect ongoing eligibility for benefits
We understand how critical SSDI benefits are to your financial stability. Our goal is to reduce stress, provide clear guidance, and advocate aggressively on your behalf throughout the process.
Support at Every Stage
What to Expect When Working With Our Team01
Case Review & Strategy
Review your medical condition, work history, and prior application status to determine the strongest strategy for pursuing Social Security Disability Insurance benefits.
02
Evidence Gathering
Collect medical records, physician statements, treatment history, work records, and vocational evidence to build a comprehensive and persuasive disability claim.
03
Application or Appeal Filing
Prepare and submit all required Social Security forms accurately and on time, ensuring compliance with SSA deadlines and procedural requirements.
04
Hearing Representation
Prepare you for Administrative Law Judge (ALJ) hearings, develop legal arguments, question vocational advocates when necessary, and advocate on your behalf before the court.
Why Choose Tabak Law?
Dedicated Disability Representation
Specialized knowledge in STD, LTD, and ERISA claims
Nationwide Reach
Serving clients across the country
No Upfront Fees
You pay nothing unless we secure your benefits
Personalized Support
Clear communication, regular updates, and compassionate guidance
Choosing Tabak Law gives you a legal partner focused on protecting your income and financial stability during challenging times.
Frequently Asked Questions
Learn More About Disability Benefits
Stay informed with helpful guides on short-term and long-term disability, ERISA rules, and appeal strategies.
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Contact Tabak Law
If an illness or injury prevents you from working, do not navigate short-term or long-term disability claims alone. Our attorneys evaluate your case, guide you through the claims process, and help secure the benefits you deserve.