Legal Definition of Disability

Social Security Disability Qualification: Defining "Disability"

Law Offices of Stuart Pastor — Dallas, Austin and Plano, Texas

People with some medical conditions have an easy time with qualifying for Social Security disability benefits. Unfortunately, these cases are in the minority. In my experience, the majority of disabled people with valid claims for SSDI or SSI are denied after their initial application. The applicant then typically waits — sometimes for years — while the case drags on through the appeals process.

The likelihood of your SSDI application being approved is greater with help from an experienced Social Security disability benefits lawyer. Since 1991, I have helped hundreds of people qualify for disability benefits. Contact me today to schedule a free initial consultation, which can take place either in person or over the telephone.

The Legal Definition of Disability

Qualification for Social Security disability benefits may fail because the government determines that the applicant's medical condition does not meet the standard of disability used by the Social Security Administration.

What is this definition? The short definition of "disability" under the SSDI guidelines is the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."

• Duration of disability: The government may deny your claim by arguing that your medical condition is temporary, that it has not lasted 12 months, and is not expected to last 12 months.
• Inability to work: It is not enough that you are unable to do the kind of work you did before you became disabled. The government may conclude that you are able to do another occupation — and therefore are ineligible for disability benefits.

Winning Your Disability Benefits Case Early

It is easy to see how the help of a knowledgeable disability benefits attorney — from the very beginning of the application process — can help you get an early award from the Social Security Administration.

From the initial application onwards, I focus my efforts on making strong arguments regarding disability and inability to work. I work with medical and vocational experts and use Social Security’s regulations and rulings and court decisions in past disability benefits cases to build the strongest possible argument for each client regarding qualification for Social Security disability benefits.

If you are looking for assistance with your social security disability benefits claim, I invite you to contact my offices to schedule a free initial consultation. Call toll-free, 1-888-616-6162, or send me an e-mail.