Most Common Social Security Disability Qualifications

Top Five Ways to Know you Qualify for SSD:

  1. The first and most important way to qualify for Social Security benefits is being unable to work. The Social Security Disability program is a government-run insurance program meant to provide financial and medical assistance to individuals who have worked and paid into the system, and are now unable to work due to any physical and/or mental conditions. If you are able to work, earning an income of more than $1,130 per month you are not eligible to apply for disability benefits. But if you are unable to earn $1,130 because of a physical and/or mental problem then you will be allowed to apply for the program. Keep in mind this insurance program is similar to private insurance such as car insurance. You will only have this coverage if you have paid taxes on your working income for the past 5 out of 10 years. Also, when you stop working, your coverage only lasts for 5 years. This means the moment you stop working you should consider applying for this program so that your benefits do not lapse.
  2. If you suffer from a severe physical and/or mental condition that prevents you from working you may be eligible for disability benefits. When applying for social security, the most difficult hurdle to overcome is proving that you meet the medical definition of disability. To be found disabled, you must show you suffer a physical or mental condition that is expected to last for a period of 12 months and poses a barrier to employment. To prove you meet the definition of disability you must provide social security with copies of medical evidence documenting not only your medical diagnosis but also the resulting symptoms of your diagnosis.
  3. The third way to know you will qualify for social security disability is if your doctor suggests you apply for the program. As mentioned in number two, you must prove to SSA you suffer from conditions that prevent you from working. If your doctor is telling you to apply for the program due to the severity of your conditions that is a very good sign that you will qualify for the program. Your treating doctor will generally not suggest you apply for the program if he/she does not believe you have significant limitations that prevent you from working. And those limitations will more than likely be documented in your medical records which will be used to prove your disability.
  4. The fourth way to know you qualify for social security disability is if you have been diagnosed with a terminal illness. Part of the definition of disability is that you if suffer from a terminal illness you will be found disabled. Proving this fact to social security is similar to the above-mentioned comments in that you will need to provide medical evidence of your terminal condition. It is also helpful to obtain a statement from your documenting letting social security know your current medical status and giving a time frame for how long you will be expected to survive.
  5. The fifth way to know you will qualify for social security disability is if you are of advanced age. Anyone over 50 years old who is suffering from a physical condition with resulting symptoms should consider applying for this program. If your physical conditions are preventing you from working a full-time job this program is more than likely the right choice for you. The reason being is that burden of proving you are disabled becomes a little bit easier once you hit the age of 50.

If you fall into one of these five categories I strongly urge you to apply for the disability program. At the LaBovick Law Group, we provide free consultations to all of our clients. Call us immediately for a free case evaluation so we may determine if this program is the right fit for you.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.