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Facts dictate that there is truly a prevailing disability claim increase in California. Such is blamed towards the increased rate of accidents in this state. However, authorities are quite reluctant to be responsible for this phenomenon.

To prove and provide evidence for the increased casualty rate, the findings of the National Highway Traffic Safety Administration (NHTSA) should be noted. This government agency stated that in 2010, about 2,715 fatalities were recorded in California.

Assuredly, any survivors of such accidents may be bound to suffer from a debilitating injury.

Disabled individuals might be workers who could not even presently figure the way out in such a frantic condition. If this happens, then they are suggested to seek the assistance of a Los Angeles long term disability lawyer. This professional would help them file a formal claim for benefits.

An employee however, should have paid an adequate amount of social security tax to be able to qualify for benefits. Moreover, disabled former employees should have stopped working for at least 12 months after the accident.

Basically, the SSA helps ill or disabled employees. However, the SSA also has the power to either grant or reject claims, depending on whether or not applicants are able to present evidence or at least follow certain guidelines set by the agency.

With this, applicants are encouraged to provide the necessary documents to prove their disability. They must also possess the following generalized requirements:

  • The claimant should have worked for an adequate amount of time, which enables him or her to provide an ample amount of Social Security tax;
  • The claimant must be 18 years old and above;
  • The claimant is a citizen of the United States and has resided within the country for some time;
  • The claimant should have acquired an infirmity that rendered him or her unable to work for at least 12 months;
  • The medical condition or injury is expected to last for at least twelve months or could result in death. 

 
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As a disability claim applicant, you must be aware of the medical requirements that the Social Security Administration set for either the Social Security Disability (SSD) or the Supplemental Security Income (SSI) program. The requirements would serve as your guide so that your claim could be speedily approved.

The medical criteria

 The medical criteria are one of the two requirements set by the SSA; the other being the non-medical criteria. The medical criteria must be considered so that you can have a chance to be qualified for either of the two disability programs.

The medical criteria for SSD or SSI eligibility are largely based on the “disability” definition of the SSA. A person filing for disability benefits must be considered as having a severe medical condition that is long-lasting (expected to last for a year at the very least) and limits the person physically or mentally in such a way that he or she cannot do any work activity and perform work substantially.

Accordingly, your claim should consist of medical evidence that would prove that you indeed have a severe impairment that keeps you from doing any work activity. The disability examiner at your state’s Disability Determination Services (DDS) would evaluate your medical evidence by employing the sequential evaluation process. The said process involves five steps constituting five questions:

1.)    Are you working and earning a substantial and gainful income at the time you applied for benefits?

-If you do, then you are denied benefits.

-If not, your claim moves on to the next step.

2.) Do you have a severe impairment?

-Using the SSA’s definition of disability as basis, if the DDS considers your impairment as “severe,” then your claim moves on to the next step.

3.) Does your impairment meet or equal a listing in the Impairment Listing Manual?

- If your claim does match or at least equal a listing in the so-called “Blue Book,” then you are already eligible to receive benefits.

- If your claim does not, your case moves on to next question.

4.) Can you still do your past work?

- If you cannot perform your past work because of your mental or physical limitations, then your case will proceed to the final step.

5.) Can you do some other type of work?

- If you cannot, based on the DDS’s assessment that you indeed cannot perform other jobs based on your age and training, then you may be considered as “disabled.”

To attain your much-needed benefits, you must retain legal representation at once. This would increase your chances of eventually receiving disability benefits, especially if your claim is denied. You must retain the services of any Los Angeles Social Security claim lawyers for your claim to be processed quickly and successfully.