1. You are not working, and have not worked since the date you claim you became disabled.
Explanation: The first rule of Social Security disability is that you are not working on a "substantial gainful basis." No matter how medically disabled you are, you cannot be found disabled if you are working to a "substantial" degree. The definition of "substantial gainful" depends on the circumstances. In 2010, any work that results in earning more than $1,000 per month will be considered "substantial gainful." However, even if you are making less than $1,000.00 per month, it may still be decided that your work is (or could be) "substantial gainful" and therefore you cannot be considered for disability.
2. AND: There are medical records that confirm that you have medical conditions that could be expected to keep you from working:
Explanation: There must be medical evidence of the problem you claim that keep you from working. It does not matter what you or your family or friends say - if there are not medical records that show that you have a medical condition, then you cannot be found disabled.
-- AND: There must be medical records of examinations and treatment at the time you claim you became disabled;
Explanation: It is not good enough to just have current medical records, if you are claiming you became disabled several years ago, then you must have records starting from the time period that you state you became disabled. If you do not, you may have to change the date that you claim you became disabled to a more recent period.
-- AND: There must be current medical records of examinations and treatment at the present time (if you claim you are still disabled);
Explanation: It is not good enough to just have records from several years ago that you had problems that could cause you to be disabled back then. If you claim that you are still disabled, you must have current medical records showing that you still have medical conditions that remain serious enough to cause you to be disabled.
-- AND: There must be medical records generally covering all periods in between the time you became disabled and the present time.
Explanation: Finally, it is not good enough to have some records from many years ago, and then some very recent records. There must be records throughout the period that you are claiming you have been disabled.
3. AND: The medical records show that you have gone to the doctors on a regular basis as frequently and as reasonably as possible, and have done what the doctors have told you to do as much as you could.
Explanation: You must go to the doctor on a regular and frequent basis. You must tell the doctors about each of the problems you have that would interfere with work. Also, you must do the best you can to take your medications and do everything else the doctors tell you. If you do not, then the Social Security Administration will decide that your condition must not be very serious if you are not doing everything you can. Also, they may decide that even if your condition is serious, you could make it better if you did what the doctors told you to do. (If you cannot afford regular medical care with a private doctor, see our list of low or no cost medical clinics.)
4. AND: You are doing everything you can to reduce your disability, and are not doing things on purpose that make your disability worse;
Explanation: First, as discussed above, you must be going to your doctors on a regular and frequent basis, and doing what they tell you to do. However, it is also important that you don't do things that make your situation worse. These things may include smoking, drinking alcohol (beer, wine, or liquor) if your doctor has told you to stop, using any illegal drugs, misusing prescription drugs, unhealthy eating if you are overweight, any other activities your doctors have told you to avoid.
5. AND: All the evidence taken together, demonstrates that you are not able to do any type of regular full-time work on a regular and reliable basis.
Explanation: You must have medical records confirming that you have certain medical conditions, despite your efforts to treat those conditions. But medical records are almost never enough by themselves. Many people are still able to work even though they have very serious medical conditions (diabetes, heart problems, COPD, degenerative discs or joints, etc.)
You must prove not only that you have these conditions, but also that they actually prevent you from working on a regular basis. And, it is not enough to prove that you cannot do your previous work. You must prove that you are not able to do any type of full-time job, even a low-stress, low paying job.
Therefore, in addition to medical evidence, your disability decision will also be based on other evidence showing how your medical conditions affect your life and ability to do things. For example, your "daily activities" will be very important. These include such things as taking care of personal needs (bathing, dressing, using the toilet), cooking, cleaning the house, shopping, doing yard work, driving, hobbies, going out with others, the need to take frequent rests, the side effects of medications (if you have discussed those side effects with your doctor). How much and well you are able to do these things by yourself, or how much you need help from others, will be very important in your disability claim.
At Callahan Law Firm, P.C., we know what it takes and what is important to win your disability claim. We will guide you throughout the process, giving you suggestions and guidance from our experience that you might not have thought about that can make your case as strong as it can be. We will use the thousands of pages of Social Security law, rules, regulations, policies and procedures to your best advantage. We will make sure that all the evidence that is helpful to your case is presented in a way that helps you as much as possible, and work to avoid the pitfalls and problem areas that can sometimes ruin a disability claim.
