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What is Evidence of Total Disability?

Oak Creek Social Security total disability benefits attorney

Milwaukee, WI Attorney for Social Security Disability Benefits Applications and Appeals

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are crucial resources for people with disabilities that prevent them from working. However, the standards for qualifying for these benefits are high, requiring that you have a total disability that is expected to last at least a year. For this reason, it is important that you have strong evidence of the severity of your condition to submit with your application.

Attorney Jonathan Pearson can advise you on the evidence you need to succeed, and he will help you collect and submit it through the appropriate channels as you begin the process of applying for benefits. He will also help you use your evidence to build a case to present at your appeal hearing if your application is denied. You can trust that Jonathan will give you the attention you deserve, with no attorney fees until you are granted benefits.

What Is a Total Disability?

While other benefits programs have different definitions of total disability, the Social Security Administration considers a total disability to be a condition that impedes your work abilities to the extent that you cannot perform substantial gainful activity, commonly referred to as SGA, for a minimum of 12 months. In 2021, work that earns a monthly gross income of at least $1,310 is considered to be substantial gainful activity.

The organization responsible for determining whether you have a total disability in Wisconsin is the Disability Determination Bureau or DDB. They will review your application based on a series of questions related to your condition, its effects on your work abilities, your work history, and your current employment, and they will make a decision regarding your medical eligibility for benefits.

What Kind of Evidence Do I Need?

Jonathan has a thorough understanding of the process that the DDB uses to determine your benefits eligibility, and he can work with you to prepare the necessary evidence to help the review proceed in your favor. One of the first questions that the DDB will seek to answer is whether you are currently performing SGA, since this would disqualify you from receiving benefits. He will help you demonstrate your lack of employment or your lack of a substantial income, by providing evidence of your recent work history.

You will also need evidence demonstrating that your condition is severe and expected to last for a year or more. Jonathan will gather all relevant records of your medical history, including diagnostic tests and examinations, treatment received, and opinions from licensed medical professionals that speak to your long-term outlook. The DDB also asks that you include treatment dates and the names and addresses of providers for all of your medical care and that you provide updates regarding any new treatment while your application is under review. If your application does not include sufficient evidence of your medical history, the DDB may ask you to undergo a free medical examination to supplement it, but ensuring that you provide detailed evidence from the start gives you greater control over the process.

Your medical evidence may be sufficient for approval of your application if your disability is on the SSA's list of qualifying conditions, but if not, you may need to provide additional evidence related to your work history, education, and skills so that the DDB can determine whether or not you are capable of performing substantial gainful activity. We can help you demonstrate how your current condition interferes with the work responsibilities of jobs you have held in the past, as well as how it may impede your ability to find other work in the foreseeable future.

Contact a Waukesha County SSDI and SSI Lawyer

Whether you need assistance with evidence for your initial application or an appeal, Attorney Jonathan Pearson can help. He will do everything in his power to ensure you have the evidence you need and help you present it to make a strong argument for receiving benefits. Contact us today at 414-240-4801 for a free consultation regarding your case in West Allis, Wauwatosa, Greenfield, Oak Creek, Milwaukee, South Milwaukee, and throughout Waukesha County, Milwaukee County, and the surrounding areas.

Testimonials

Testimonials

  • Thank you so much Jonathan. I was so tired of waiting almost 2 years for my disability hearing and you told me always stay positive and to not give up. You met with me before my hearing and told me what to expect and when you told me the judge approved my case I was so relieved! The Social Security disability payments I get allow me to keep seeing my doctors and really help us out. Thank you!

    - Shirley

  • Jonathan thank you for helping me win my Social Security disability case. You are so easy to talk to and don’t make me feel stupid each time I call with my questions.

    - Rene

  • Jonathan is very knowledgeable and pleasant,He is very considerate for his client and return my all phone calls promptly.I was very happy for his services. I highly recommend him to any body who needs attorney help.

    - S.P., Wheeling, IL

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