In this blog, we’re sharing how to prove your disability to the Social Security Administration and what to do under a Short and/or Long Term Disability Policy.
If you have become disabled from being able to work and the need to make a claim for benefits under Short Term, Long Term or Social Security Disability benefits, the process by which you may prove your claim varies both by the type of claim you are trying to prove and the time frame in which you are trying to prove each claim.
On the Short and Long Term disability side of things, the exact definition of disabled you must meet in order to show that you are unable to work depends on the language found in the applicable policy.
Furthermore, there is typically a clause found in Long Term Disability policies which raises the standard of disabled which you must meet after two years. At this point in time, a claimant would need to show that they are disabled from any occupation, rather than being disabled from just their own occupation. A claimant must prove that even taking into account their education, experience and any training which they may undergo, that they are still unable to perform the work of any occupation as a result of their medical condition.
The Social Security Administration sets out the standards and methods by which a claimant is able to show that they are disabled. There are four (4) ways in which a claimant may prove their claim for social security benefits.
If a claimant can show they have been diagnosed one of specifically set out medical condition listings, this is enough to prove their disability. A claimant may show that they “grid” out of all work, meaning that you are not able to do past work and cannot adjust to less demanding work. A third method is to prove that you are unable to perform even sedentary work with exertion. Finally, a claimant can show that their non-exertional limitations prevent them from work.
The medical evidence necessary to prove disability changes dramatically at the various stages and with the various entities involved in the income replacement benefits potentially available to a claimant. It is necessary to secure representation to help you navigate these requirements.
If you have any questions about your Short Term Disability or Long Term Disability claim, please give Herbert M. Hill, P.A. a call and we would be glad to answer any questions you may have. We are available at407-839-0005 or, toll-free, 844-454-59995, If you would like, after discussing your case, we can set a conference. In most circumstances, that conference would be free of charge but in no circumstance would you be under any obligation to hire me nor would you feel any pressure from me to do so.
Herbert M. Hill, P.A. is a law firm located in Orlando, Florida with a practice extending throughout the state of Florida. While the vast majority of cases handled are for disability insurance benefits, areas of practice include employee benefit claims of all sorts. The firm handles any claims arising under the Employee Retirement Income Security Act (“ERISA”) for disability benefits, medical benefits, retirement benefits of any sort, including pension, 401k, termination agreements or the like as well as claims arising under private disability policies.