If your medical condition is not continuous and happens infrequently, you might still be eligible for Social Security Disability (SSD) benefits. A disability lawyer can evaluate your claim, look at your medical records, and determine if you have a chance of getting approved for disability.
When the Social Security Administration (SSA) judges an applicant’s disability, it is an all-or-nothing proposition, not a sliding scale. In other words, the SSA either considers you fully disabled and approves you for benefits, or it considers you not fully disabled and denies your application. That said, in many circumstances it is possible to have a condition that is not continuous yet still qualify as fully disabled.
What Criteria Do I Need to Meet to Receive Disability?
The SSA grants benefits to applicants who it considers fully disabled. To qualify, you must have a total disability that prevents you from sustaining meaningful, gainful employment. Your disabling condition must have lasted 12 months or longer—or your doctor expects it to last that long. If your condition is terminal, you are also likely to qualify for benefits.
What If My Condition Is Not Permanent?
If your condition is not permanent—meaning your doctors expect you eventually to make a full recovery—you can still receive benefits that cover the period when your disability prevents you from working. At a later date, the SSA will review your case. If it feels you are able to perform some type of work at that time, your benefits might end.
What If My Condition Is Permanent but My Symptoms Are Not Continuous?
Sometimes, an applicant has a medical condition that is permanent and has symptoms that are totally disabling. Rather than being continuous, these symptoms come and go or appear sporadically. For instance, medical conditions such as Crohn’s disease and ulcerative colitis can be debilitating, but even severe cases can involve long stretches where the patient is symptom-free.
In such situations, it is up to your attorney to provide the SSA with evidence that, despite the good periods in which you experience minimal symptoms, you cannot sustain gainful employment. This is because you cannot be sure when your condition will flare up and incapacitate you, rendering you completely incapable of performing your job.
Our attorneys understand the type of evidence the SSA needs to see to evaluate a disability claim for a medical condition that is not continuous. Contact us today for help before you apply.
Still Have Questions? Call 866-628-8179 for a Free Consultation With a Disability Attorney.
At the Law Offices of Ogle, Elrod & Baril, PLLC, our attorneys focus on disability law. Regardless of the nature of your condition, we want to help you win the benefits you need to care for yourself. To schedule a free consultation with a member of our team, call us today at 866-628-8179.