You Are Entitled to Benefits if You Are Disabled Regardless of Diagnosis
Whether you are filing a claim with disability insurance or filing for social security disability, it is possible to get benefits if you meet the definition of disabled. These definitions can vary by disability insurance policy, and the Social Security Administration has their own rules.
If you have been denied disability benefits, or you believe you may be denied, contact us today for a free consultation. We have helped many clients receive the disability benefits they deserved.
What Are the Requirements to Go on Disability with Insurance?
It is possible to file a disability claim with insurance without a diagnosis. You will still need to show that you are unable to work.
In general, the three things you must prove to claim disability are:
- You must have a medical condition for which you are receiving treatment
- The condition or symptoms must create limitations
- These limitations must prevent you from working full-time
It is best if your doctors are on board with your claim for disability. Your medical records, doctor testimony, and treatment progress may be required if your claim goes to trial.
What are the Requirements to Go On Social Security Disability?
While social security disability is harder to get without a diagnosis, it is still possible. The Social Security Administration has a five-question process for determining if someone is eligible for disability benefits.
The five questions social security disability asks are:
- Are you working? If you are working, are you engaged in Substantial Gainful Activity? You are considered to be engaged in SGA in 2024 if you earn more than $1550 per month, or $2590 if you are blind.
- Is your condition severe? To be severe, your condition must be expected to persist for at least 12 months.
- Is your condition found on the list of disabling conditions? The SSA maintains a list of disabling conditions, and if you have that diagnosis you will automatically be granted disability at this step. If not, SSA must determine if your condition is as severe as one on the list. If that is not the case, they go on to the next questions.
- Can you do the work you did previously?
- Can you do other work, with or without accommodations?
It is the priority of SSA to keep everyone working if possible, but you do not need a firm diagnosis as long as you can prove that you can’t work and that your condition will persist for at least 12 months. However, you will need your doctors on board and an attorney to fight for your social security disability.
How Can An Attorney Help Me With My Disability Claim?
An experienced attorney can help with every aspect of your disability claim, whether you are filing with an insurance company or the SSA.
You can expect an experienced attorney to:
- Submit claim forms on your behalf
- Make sure you meet any deadlines
- Appeal a denial or termination of benefits
- Manage your ongoing claim
- Negotiate a settlement with insurance companies
- Filing a lawsuit with the disability insurance company
- Appeals and hearings for social security disability
Bruce Weider has years of experience helping clients get the disability benefits they deserve. Contact us today for more information or to schedule a free consultation.
