Header graphic for print
Nursing Homes Abuse Blog By Jonathan Rosenfeld

What Type of SSDI Cases Win Disability Benefits?

Posted in National Nursing Home Issue & For-Profit Chains

There is no perfect formula for a successful Social Security Disability claim. Each case is different, and each individual has unique conditions and is in different situations. There are of course, those disability cases that involve certain types of impairments that often have the highest chance of winning at the initial stage of the disability claim. “Disability” means the “inability to engage in any substantial gainful activity by reason of any medically determinable physician or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.”  Thus, the cases that would usually win are cases that may involve severe cases of paralysis, mental retardation, statutory blindness, terminal diseases, cancer, deafness and cardiovascular impairments.

Additionally, in order for you to be considered for disability insurance, if you are over 31 years old, you would have to show that you worked 5 out of the last 10 years. For those under 31 years old, the requirements are a little different since they have not been in the work force as long.

There are other cases that may win their claim in the later stages. What do these cases that have a chance at winning at the later stages have in common?

  1. These cases usually involve physical or mental impairments that cause a person to be unable to work at a level that requires substantial mental or physical activity.  Social Security makes its decisions based on how much the disability might limit your abilities to perform your work tasks. While disability cases that win benefits usually involve serious physical or mental impairments, the test is really how disabling the impairment.  Thus, having some physical or mental impairment is not guaranteed that you would win your claim.

  1. The claimant obtains medical treatment for the impairment. Receiving medical treatment is an important consideration for the Social Security Administration (SSA). The SSA awards benefits to claimants who present a compelling need to receive benefits due to the need to undergo treatment or rehabilitation. Medical treatments help prove that the impairment prevents them from fully performing their job. The medical opinion of the physicians and the specialists are given much weight by the Administration when deciding your claim.

  1. They usually have a disability lawyer.  People who have a competent social security disability attorney to represent them usually win benefits. Lawyers  know the different stages your claims go through and how to appeal in the event that you don’t win. They also have the experience to know how to gather all the evidence and resources needed to prove the strength of your claim.

If you want a competent attorney with years of practice and proven success in winning SSDI claims, call the East Providence Social Security attorneys

at d’Oliveira & Associates. They have a track record of winning Social Security claim benefits and can help you get the benefits you deserve. Their East Providence Social Security lawyers will study each case and provide hands-on support to their clients. Contact their law offices at 1-800-992-6878 to know more about how to go about the process.

d’Oliveira & Associates: 2540 PAWTUCKET AVE.  EAST PROVIDENCE, R.I. 02914  (401) 431-1990

Nursing Homes Abuse Blog