Social Security Disability

O’Malley & Langan handles over two hundred Social Security Disability cases each year

Studies show that one out of four young workers will become disabled some time during his or her lifetime. The Social Security Administration pays cash benefits to people who are unable to work for a year or more because of a disability. Benefits continue until a person is able to work again on a regular basis.  If the workers disability status changes for the better, there are a number of work incentives available to ease the transition back to work.

Why Should I Hire a Social Security Attorney?

The process of applying for early social security disability benefits can be long and frustrating. Most people who apply for social security benefits are initially turned down.

Without legal help, it may take up to two-and-a-half years to get benefits! O’Malley & Langan can help speed up this process so you can take care of your injury and your family.

According to the Social Security Administration, a "disability" can be physical, emotional, or a combination of both. In order to obtain benefits, you must prove your disability is severe enough to keep you from working in any paying job for at least twelve consecutive months.

Factors that influence the legal finding of disability are the claimant's age, education, work experience, compliance with medical treatment, daily activities and the kind and extent of treatment.

We will help you gather all of the relevant information to make your case to the Social Security Administration for the benefits you deserve.

How Disability Is Determined

The process used to determine if you are disabled is a step-by-step process involving five questions. They are:

1. Are you working?
   If you are and your earnings average more than $900 a month in 2007 or $940 a month in 2008 or $980 a month in 2009, you generally cannot be considered disabled.
2. Is your condition severe?
   Your impairments must interfere with basic work-related activities for your claim to be considered.
3. Is your condition found in the list of disabling impairments?
   The Social Security Administration maintains a list of impairments for each of the major body systems that are so severe they automatically mean you are disabled. If your condition is not on the list, a decision has to be made if it is of equal severity to impairments on the list. If it is, your claim is approved. If it is not, go to the next step.
4. Can you do the work you did previously?
   If your condition is severe, but not at the same or equal severity as an impairment on the list, then the Administration must determine if it interferes with your ability to do the work you did in the last 15 years. If it does not, your claim will be denied. If it does, your claim will be considered further.
5. Can you do any other type of work?
   If you cannot do the work you did in the last 15 years, the Administration then looks to see if you can do any other type of work. They consider your age, education, past work experience, and transferable skills, and review the job demands of occupations as determined by the Department of Labor. If you cannot do any other kind of work, your claim will be approved. If you can, your claim will be denied.