Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Social Security Disability > How does one find out if they qualify for SSDI if they have not been deemed disabled by a doctor but had strict work limitations & was terminated?

How does one find out if they qualify for SSDI if they have not been deemed disabled by a doctor but had strict work limitations & was terminated?

1 Answers. Asked on Sep 15th, 2011 on Social Security Disability - Florida
More details to this question:
I was a 21yr employee working her way up through a company & was terminated d/t "Failure to meet employer''s job performance" because of physical limitations r/t Dx: of Fibromyalgia, Ulnar Neuritis bilat. elbows, Carpel Tunnel, Arthritis L4-5/S1-2, Sciatica & other Dx: that limit standing & lifting capabilities. I held a position for the last 8 yrs or so w/o a proper job description. After a few yrs, I received a job description, upon review, I found it described things I could not do, I did not sign it but asked HR to add an addendum stating that I have worked the position but have restrictions that limit certain capabilities described. I had these Dx: prior to receiving the job description & HR had all MR copies. I have not had Medical Ins. in several yrs b/c it was too expensive. I have not been deemed "Disabled" by a doctor. How do I find out if I am considered Diasabled & can apply for SSDI? I am having a hard time trying to find a job & am in pain daily. Thank you for your help
Answers Showing 1 out of 1
Answered on Sep 27th, 2011 at 11:49 AM

I have 3 options to suggest:

  1. Apply.  You can do so by phone, online, or in person.

  2. If you are still reluctant after reading below, you can go to http://www.benefits.gov/ssa to help you find out if you could get benefits that Social Security administers. Based on your answers to questions, this tool will list benefits for which you might be eligible and tell you more information about how to qualify and apply.

  3. Contact an attorney in your area that handles Social Security Disability.

After reviewing your question, it is clear to me you have a very good chance of being approved, eventually. Often, it takes getting turned down once or twice before the Social Security Administration (SSA) finally gets it right.

Your age is a relevant part of the determination, but so is one's work history. Anyone that works 21 years for the same company obviously is a hard worker and does not want to file for disability. However, your medical conditions have put you in that place.

No requirement exists that a doctor "deem" you disabled before filing for Social Security Disability. In fact, in my practice, such "statements" are often deficient and not helpful to the eventual outcome of the case. Current, or recent, medical treatment is important, so even if you have to go to a free clinic, have recent medical information available.  SSA defines disability as follows " ... an individual shall be considered to be disabled for purposes of this title if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months."  The SSA definition of disability also states that it:

... is based on your inability to work. We consider you disabled under Social Security rules if:

  •  
    • You cannot do work that you did before;

    • We decide that you cannot adjust to other work because of your medical condition(s); and

    • Your disability has lasted or is expected to last for at least one year or to result in death.

      Good luck to you, and remember, persistence is important in these claims.

       

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

Report Abuse
Social Security Disability
If you're suffering from a disability that prevents you from working, you may be entitled to benefits under Social Security disability insurance (SSD or SSDI). Social Security disability attorneys can work with you to file your application for benefits. Because the Social Security Administration routinely denies the majority of initial claims, your SSD lawyers can also prepare for your hearing before an administrative law judge, attend all hearings, advocate on your behalf and file an appeal if your application has been denied. Hire an SSDI law firm as soon as you need to apply for SSDI. The faster your application is approved, the more quickly you will begin to receive benefits.
Have an Social Security Disability Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

330 Answers, 19 Legal Topics

Patrick Johnson

Attorney - Tennessee

222 Answers, 42 Legal Topics

Michael D. Siegel

Attorney - New York

179 Answers, 26 Legal Topics

Anthony John Van Zwaren, Esq.

Attorney - New Jersey

98 Answers, 18 Legal Topics

Bruce Robins

Attorney - New York

98 Answers, 9 Legal Topics

Mr. Max L. Rosenberg

Attorney - Connecticut

85 Answers, 34 Legal Topics

Stephen A. Black

Attorney - Florida

65 Answers, 11 Legal Topics

Have a legal question?
Get answers from local attorneys.
It's free and easy.
Ask a Lawyer
Do It Yourself Legal Forms
Go

Popular Forums