FREE CASE CONSULTATIONS
HOME & HOSPITAL VISITS AVAILABLE

Due to the COVID-19 pandemic, we are providing free consultations via PHONE or VIDEO conferencing for your safety and convenience. Our Charlotte office is OPEN during its regular hours.

Blog

Medical requirements to obtain Social Security Disability

| Jul 26, 2018 | Social Security Disability

Regardless of which medical impairment a person files a Social Security disability claim for, there are certain criteria that must be met, as defined by the Social Security Administration blue book.

First, an impairment must be considered severe. This means that it should prevent a claimant from working full-time or performing what is known as substantial gainful activity. Second, an impairment must be expected to be a permanent condition, or to result in death. For some medical condition listings, a specific duration must be specified, meaning that a treating physician should outline an expected timeline in a claimant’s medical record. If neither of these criteria are met, then medical records must plainly show that a claimant’s medical condition is expected to last continuously for at least 12 months.

In addition to these criteria, a Social Security Disability claimant must be able to provide medical proof of a diagnosis. In other words, he or she cannot simply claim to have a certain medical condition. If there are no treatment records or consultative exams on record, a disability claim will likely be denied.

Even if a claimant has been financially unable to obtain medical treatment, the Social Security Administration will likely schedule, and pay for, an exam with a contracted physician who can determine impairments prior to a decision being made.

It is always recommended that a party seek legal representation when he or she has been denied disability benefits. While mostly informal, Social Security Disability hearings contain certain legal aspects that claimant’s often do not understand when attempting to self-represent.

ARCHIVES

See What Our Clients Say

Robert Whitlow was awesome. He made sure he was totally prepared and also that we were prepared. Because of his knowledge and professionalism our case went through without a hitch.

Stephen D.

View more

See What Our Clients Say

Robert Whitlow is a great asset to your firm. He’s personal as well as professional. I cannot thank him enough for his help!

Jeanette W.
View more

What Our Clients Say

My previous attorney lost my disability claim. I saw Attorney Robert Whitlow and he took the time to totally understand what was going on and helped me get the necessary information.

Brandi P.
View more