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Who Is Considered Disabled?

When I first started working with Social Security clients, many new applicants asked, “How do I know if I am disabled?” On the surface, it may seem like an easy question to answer, but then I realized it’s not so cut and dry.

A person is considered disabled if they cannot “engage in Substantial Gainful Activity (SGA) by reason of a medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.” It’s important to note that the Social Security Administration (SSA) definition of disability is much stricter than the one used by many state and private insurers. The SSA does not recognize partial disability or short-term (lasting less than 12 months) disability. Additionally, the SSA defines disability as the lack of ability to perform any job, not just the applicant’s most recent job.

If you have additional questions about Social Security Disability benefits, feel free to contact us anytime at 877.526.3457. We have an experienced team of West Virginia Social Security Disability attorneys, and one of our representatives will be happy to answer your questions. Or if you’d prefer to contact us online, please fill out this form and we will respond to you shortly.

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Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law
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