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Being Eligible for Certain Social Security Claims

Many are surprised to learn that Social Security eligibility is similar to other types of lawsuits.  For example, in certain personal injury lawsuits, the plaintiff needs to prove that he or she will not be able to work in the same capacity in the future due to sustained injuries.  These injuries need strict medical documentation. This may come down to emotional impairment as well, not just physical impairment.

A Social Security claim acts in somewhat the same regard.  The difference is that a personal injury claim is waged against a defendant.  In Social Security cases, there is no “defendant” as such, as Social Security claims for illness involve a person’s own physical capabilities based on illness – not necessarily due to the fault of another person.  That said, there needs to be the same burden of proof for demonstrating physical incapacitation.

Medical Guidelines for Social Security

Social Security guidelines are very strict, which can sometimes come as a disappointment for those claimants who do have cases that fall within these guidelines.  For example, it is not enough for a person to suffer from HIV/AIDS.  Rather, the patient needs to have a T-helper lymphocyte (CD4) count above 200/mm3.  It is at this point that an HIV/AIDS patient is more susceptible to increased illness.

However, the Social Security Administration will take into account other issues besides the T-helper lymphocyte (CD4) count, such as weight loss – though the CD4 count is an important factor.  The reason why a skilled and experienced Social Security attorney is necessary is to navigate thee possible permutations of illness and diagnosis that can mean the difference between receiving benefits or receiving none at all.

It bears stressing, but you should not think that there is a minimum threshold you have to cross to be eligible for benefits – these are guidelines.  As each patient has a different circumstance in term of personal support, age, income, and other factors these will be factored in as well.  This is made clear by Social Security benefits for anxiety.  While mental illnesses can be measured in some way, it is a more generalized disability than something like a CD4 count that can be quantitatively measured.  So this should tell you that there is some leeway with how Social Security benefits can be distributed.

In the case of anxiety, for example, OCD, post-traumatic stress, and panic attacks all qualify.  While these can most certainly be diagnosed by a trained professional, it will take the expertise of a qualified attorney to help ensure that a patient receives ample support from the Social Security Administration.  Financial support is the basis of clinical documentation, which a Social Security attorney can help gather together and ultimately secure long-term benefits.

These same rules apply to other illnesses: arthritis, heart failure, cancer, diabetes, and so on – chronic illnesses fall within the scope of Social Security Benefits.  Receiving these benefits is the result of a combination of strict medical documentation and the skill of a good attorney.  If you are ill, there is no reason to add to your trouble with increased financial worry.  The goal of a Social Security attorney is to provide long-term stability and improve your overall quality of life.

Meghan DiTolla

About Social Security Attorney California: West Coast Disability Law Group, LLP is an experienced and caring firm. The founding partners have handled thousands of cases and are well-versed in all the areas of Social Security law at every stage. Our attorneys are also knowledgeable in other areas of disability and estate planning law such as veterans disability law, long term disability claims, healthcare directives, and drafting power of attorney documentation.

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