Questions + Answers About

Social Security Disability

How do I prove I have a significant disability?

Careful and complete documentation is crucial to proving you have a significant disability. At minimum, you must provide the Social Security Administration with:

1. Complete Medical Records

One of the primary reasons claimants are denied is because they fail to provide all medical records necessary to prove their claim. Although the Social Security Administration is supposed to get these records for you, you cannot rely on them to ensure the file is complete. You should thoroughly review the Social Security Administration's file in your case to make sure they have all relevant evidence.

2. Doctor’s Opinions

One of the most important pieces to winning your claim is your doctor’s supportive opinion. Without it, you are unlikely to be approved. You will also need to provide your doctor(s) with residual functional capacity (RFC) forms to complete. There are RFC forms for physical and mental assessments, depending on the basis of your claim.

- Physical RFC: A physical RFC form assesses how your medical condition affects your ability to do certain work-related activities like sitting, standing, lifting and walking.
- Mental RFC: If your disability claim is based on a mental condition such as depression or anxiety, you will need to have your treating psychiatrist or psychologist complete a mental RFC form. The mental RFC will assess your ability to do the mental or emotional aspects of a job like remembering simple instructions, getting along with others and being reliable.
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My social security disability claim was denied. What should I do?

If you are denied your Social Security disability claim, you should request an appeal immediately, within the 60-day deadline. You should do this whether or not you have secured legal representation, simply to have the appeal request on record as soon as possible.

Next, contact Gingras, Thomsen & Wachs for a review of your case. Our experienced Social Security disability attorneys will review your application and recommend next steps.
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Who is eligible for social security disability?

The definition of disability under Social Security is different from other programs. Social Security pays only for total disability. No benefits are payable for partial or short-term disability.

You are considered disabled under Social Security rules if all of the following are true:

- You cannot do work that you did before because of your medical condition.
- You cannot adjust to other work because of your medical condition.
- Your disability has lasted or is expected to last for at least one year or to result in death.
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