What is Social Security Disability?

“What Is Disability, Anyway?”

As a disability attorney, I frequently get this question from new clients. Officially, in Social Security, being a disabled adult has one definition:

“You must not be able to engage in any substantial gainful work activity because of a medically determinable physical or mental disability(ies) that is either expected to result in death or has lasted or is expected to last for a continuous period of at least 12 months.”

But what does this mean? It means that you are not working because of your health and probably will not be able to go back to any sort of work within a year. Social Security will get your medical records and look for objective medical findings, then look at job market numbers, and decide whether you could still hypothetically be a part of the national workforce.

You have the burden of proving that your health keeps you from doing your past work. Social Security has to prove that even if you cannot do your past work, your health, age, and employment outlook still leave a significant number of less-demanding jobs that you have the function to do, regardless of how much money those jobs pay and regardless, too, of whether you actually find that job and can get hired.

It is complicated. There are Social Security regulations being updated all the time. There are filing deadlines. There are rules for submitting evidence. Follow our blog for ongoing insight and, if you live in NC and need a lawyer to advocate for you, call our law firm or complete an online inquiry on our website, www.hall-rouse.com.