SSDI Qualifying Injuries

Posted on behalf of Gordon & Doner on Aug 23, 2013 in Social Security Disability


The Social Security Administration uses a rigid set of standards to determine whether or not an SSDI applicant qualifies for those benefits in the eyes of the government. A worker must endure a lengthy application process and, even if they are legitimately disabled, their claim for social security disability insurance could be denied.

According to data from the Bureau of Labor Statistics, occupational illnesses in five industries accounted for 20% of all nonfatal injuries across the United States in 2011. Those injuries ranged from severe to disabling to laborers, janitors, tractor trailer truck drivers, and the proportion of injured workers was highest in the 45-54 age bracket.

Musculoskeletal Disorder (MSD) accounted for 33% of injury and illness cases. MSD is caused by workplace conditions and can occur after a long period of time after performing specific job duties. MSD can also result from injuries sustained in an accident.

If you or someone you love was injured on the job and you are filing a claim for SSDI, or your SSDI claim was previously denied, the lawyers of Gordon & Doner understand how frustrating it can be to navigating a confusing system on your own.

With years of experience in Workers’ Compensation and SSDI cases, we will always fight for the MAXIMUM amount of compensation due to our clients in order to win them the justice they deserve. The compensation that is awarded by a successful verdict or settlement can help cover medical costs and lost wages associated with a disability.

To find out how we can help, simply fill out the “Free Case Evaluation” form located on the right, upper side of this page. It is 100% FREE and there is no obligation to proceed; your information will always remain confidential.

SSA Five-Step Process

Disability is determined by the following 5-step test:

  • Is the applicant working? If so, are their earnings over $1,040 per month?
    • If so, this person is generally not considered disabled
  • Is the applicant’s condition severe enough to interfere with basic work-related functions?
  • Does the applicant’s condition fall under the list of disabling conditions maintained by the SSA?
    • If not the condition may still be considered upon further review of the case
  • Can the applicant perform the work they previously did?
    • If so, this person is generally not considered disabled
  • Can the applicant do other kinds of work?
    • If they cannot adjust to other kinds of work, the claim is generally approved

Disabling Injuries

The Social Security Administration maintains a list of injuries they considering to be disabling for a worker. The list is broken down by muscle group and body region. If a worker has a condition that is not listed, it does not automatically preclude them from being considered for SSDI, but there is further consideration that must occur before the application proceeds.

The condition an applicant is claiming will fall into one of the following categories:

  • Musculoskeletal System
  • Special Senses and Speech
  • Respiratory System
  • Cardiovascular System
  • Digestive System
  • Genitourinary Impairments
  • Hematological Disorders
  • Skin Disorders
  • Endocrine Disorders
  • Congenital Disorders Affecting Multiple Body Systems
  • Neurological
  • Mental Disorders
  • Malignant Neoplastic Diseases
  • Immune System Disorders

The SSA considers the following areas when making a decision on an applicant’s disability:

  • Can the applicant achieve substantial gainful employment?
  • Is a physical or mental impairment present?
  • Is the disability lasting?
  • Can the applicant still work?

When making the determination of disability, the SSA does not consider whether the job the applicant did before has any openings, whether the applicant would have to move to get another job in that field or whether the applicant likes the other kinds of work they could do. These very cut-and-dry standards help them to make thousands of disability determinations a year, but it does deny help to those who need it in many cases.

An experienced and competent SSDI litigator can help you appeal the denial that your disability claim was given, or can ensure that the paperwork is filed properly to expedite a determination of disability. Suffering in silence is an unnecessary hardship if the compensation that a successful verdict or settlement can provide will help cover hospital bills, rehabilitative costs and the pain and suffering that comes with enduring a disability. Reach out for help from a Palm Beach SSDI attorney.

South Florida SSDI Lawyers Can Help You with Your Claim

With more than 150 years combined experience, the lawyers of Gordon & Doner are ready to help guide you through the entire litigation process. We have several offices located throughout the tri-county area and are proud to serve the following areas:

  • Pembroke Pines
  • Ft. Lauderdale
  • Delray Beach
  • Jupiter
  • Palm Beach Gardens
  • Stuart
  • Wellington
  • West Palm Beach
  • …and many more surrounding neighborhoods.

 To get connected with one of our knowledgeable attorneys, contact us at 1 (855) 722-2552 for a free initial case consultation.

If you prefer to contact us online, fill out the ‘FREE CASE REVIEW’ form located at the top right hand corner of this page – it’s free to submit and completely confidential.

 

Gordon & Doner - For The Injured®

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