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Collin County Social Security Disability AttorneysThere are many different types of disabilities, and they can range from minor inconveniences to huge setbacks that affect nearly every aspect of a person's life. For those with significant disabilities, Social Security disability benefits can provide essential assistance in the form of monthly payments that may be used to cover the necessities of life. Those who are disabled may believe that these benefits are necessary, but they may also be concerned about whether their disabilities are severe enough or will last long enough to qualify for Social Security benefits. By understanding the definitions Social Security uses regarding the severity of disabilities and the ways a person may be affected, people with partial or temporary disabilities can determine whether they qualify for assistance.

Qualifying for Social Security Disability Benefits

Social Security has specified that it only provides benefits for people with total disabilities rather than partial disabilities or conditions that will only affect someone for a short period of time. A condition may be considered a disability if it prevents a person from being able to earn enough to address their minimum needs. While a person who is currently working may qualify for Social Security disability benefits, they must be earning less than an amount known as substantial gainful activity (SGA).

The SGA figures are adjusted each year based on inflation and changes in the cost of living. In 2023, SGA is $1,470 per month for most people. For those who are legally blind, SGA is $2,460. If a person's average monthly earnings are below the applicable SGA limit, they may still qualify for disability benefits.

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Dallas Social Security Disability Lawyer

No matter how carefully you plan for the future, sometimes life gets in the way. If you have recently become badly injured or otherwise disabled, you may understandably feel worried and have many questions. How will you provide for yourself and your family? Will you be able to retire? Is there any work you can still do? Read on to learn more about one option that could be available to you - Social Security Disability Insurance (SSDI) - and then contact an SSDI attorney who can help you determine whether this might be a good option for you. 

Who Can Get SSDI? 

SSDI is intended to provide help to disabled individuals who meet the requirements of the SSDI program. Not everyone is considered “insured” under SSDI - adults must have worked recently and have paid Social Security taxes on their income. If you apply, you must provide extensive documentation about your work history and the condition that leaves you fully disabled. 

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Dallas disability benefits lawyerIf you are already receiving Social Security disability benefits or you have a condition that should qualify you for such benefits, it is important to follow your doctor's orders for treating your condition. Failing to do so can result in a denial of benefits. A qualified Social Security Disability Insurance (SSDI) attorney from The Law Offices of Coats & Todd can help you understand the potential consequences of failing to follow a doctor's orders and what you can do to avoid a denial of benefits.

What Happens if I Fail to Follow My Doctor's Orders?

When you apply for SSDI benefits, you are required to provide supporting medical documentation about your condition and how it is affecting your ability to work. Part of that information should be the specifics of your condition as well as what is being done to treat it. According to the Social Security Administration (SSA), you must follow your prescribed treatment if the treatment is expected to restore—even partially—your ability to work.

If you are applying for benefits and are not following your prescribed treatment without a good reason, you will not be found to be disabled. If you are receiving Social Security disability benefits and you fail to follow your doctor's orders, your benefits may be suspended or terminated. In some cases, you may be able to appeal the decision, but if you do not intend to follow the prescribed treatment, you must have a good reason.

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plano criminal defense lawyerWhile there are many different types of health conditions that may cause a person to be disabled, issues related to a person’s senses are some of the most well-recognized disabilities. A person who is blind is understood to have significant limitations that will affect their ability to maintain gainful employment, and an inability to hear will also limit a person’s ability to perform different types of activities at work or at home. Those who suffer from these types of disabilities will often be eligible for benefits through Social Security, and they will need to understand the qualifications they will need to meet to demonstrate that they are disabled and receive financial assistance.

When Is Vision or Hearing Loss Considered a Disability?

Social Security’s Listing of Impairments details specific conditions that are considered disabilities. If a person meets the requirements detailed in the listing for a certain condition, they will typically be considered disabled, allowing them to receive benefits. The listing for vision loss details the types of tests that may be performed to measure a person’s visual acuity and visual efficiency. Generally, if a person is considered to be statutorily or legally blind, meaning that their vision in their better eye is measured at 20/200 or less even with corrective lenses, they will qualify as disabled.

To evaluate hearing loss, Social Security may use audiometric testing along with examinations by a doctor or audiologist to determine how a person has been affected by these issues. A doctor will need to evaluate the eardrum and middle ear to determine if there are any abnormalities, and testing will determine the extent of a person’s hearing loss. Different types of testing may be used depending on whether a person has a cochlear implant. These tests may measure a person’s ability to recognize words, as well as their ability to hear sounds at different frequencies when they are conducted through the air or through the person’s bones.

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plano social security lawyerWhen a person has a significant disability that prevents them from working at a level that will allow them to support themselves, they may be able to receive disability benefits through Social Security. However, the process of applying for these benefits can be complicated, and multiple types of information will need to be provided to demonstrate that the person has what is considered a “total” disability. During the Social Security disability (SSD) claims process, a person may be required to receive an examination from a medical provider that will be used to determine whether their health condition meets the qualifications for disability. This is known as a consultative examination or CE, and an applicant will need to understand how this type of exam may affect their claim.

When Will Social Security Order a CE?

In some cases, the information a person provides when applying for disability benefits will be sufficient for Social Security to make a determination. However, there are many cases where Social Security will seek out additional information about a person’s diagnosis and treatment plan and the effects their condition has had on their ability to work. A consultative examination may be ordered if:

  • There is an inconsistency in the evidence provided by an applicant, such as contradicting opinions from multiple medical providers.

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