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Social Security Disability

• Symptoms of Autism That May Qualify for Social Security Disability in New York
• 7 Intellectual Disability Impairments That May Qualify for Social Security Disability Benefits
• How Anxiety Disorder Can Restrict Filing for Disability in New York
• 3 Ways to Prepare for Social Security Disability Hearing in New York
• 6 Steps in Filing a Social Security Disability Claim in New York

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Social Security Disability

• 5 Things Examiner Does to Evaluate Social Security Disability Claim in New York
• Social Security Disability Benefits for Intellectual Disability
• Pursuing Social Security Disability in New York for Autistic Disorders
• Seeking Social Security Disability as a Student in New York
• Filing for Disability in New York Because of Anxiety Disorders

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Evidentiary Requirements for Social Security Disability Benefits

When you file a claim for Social Security disability benefits you will have to meet certain evidentiary requirements before your claim is approved. These evidentiary requirements are set forth by the Social Security Administration (SSA) and involve proof of your medical condition, record of treatment, and in some cases evaluation through a consultative examination.

Medical Evidence for a Social Security Disability Benefits Claim

The main focus of the evidentiary requirements in your Social Security disability benefits claim is that you can provide medical evidence of your disability and its hindrance of your ability to perform substantial gainful activity. Medical evidence should come from an acceptable medical source that provides a diagnosis of an impairing condition, details the severity of the impairment, and provides treatment history for the impairment.

The medical sources considered to be acceptable by the SSA for evidentiary requirements are:

• licensed medical or osteopathic physicians;
• licensed/certified psychologists (for establishing mental impairments);
• licensed optometrists (for establishing visual impairments);
• licensed podiatrists (for establishing foot and ankle impairments); and
• qualified speech-language pathologists (for establishing speech or language impairments).

Medical Reports for a Social Security Disability Benefits Claim

Your medical reports are the main source of proof of your disability, severity of impairment, and treatment history. The reports need to be made available to the SSA for processing with your Social Security disability benefits claim. Your medical reports should include:

• medical history;
• results of physical or mental examinations;
• laboratory testing results;
• diagnosis;
• a statement describing a medical professionals' assessment of what the claimant can still do despite their impairments;
  • the statement should also describe the claimant's ability to perform work-related activities if they are an adult age 18 or older;
  • for mentally impaired adults the statement should describe their capacity to function in a work setting;
• a statement describing the claimant's functional limitations compared to unimpaired children their own age if they are under the age of 18; and
• prescribed treatment plan with response and prognosis.

Evidentiary Requirements through Consultative Examinations

In some cases when you are applying for Social Security disability benefits your medical evidence and reports may not be enough proof to meet the evidentiary requirements of the SSA. Upon review of your Social Security disability benefits claim the SSA may request a consultative examination and report.

This report should contain the following elements and is preferred to be completed by your treating medical professional.

• the claimant's major complaint(s) relating to their condition;
• a detailed description of the history of the condition;
• a description and disposition of the pertinent findings based on the history, examination, and tests related to the condition;
• results of laboratory and other tests;
• a statement about the claimant's ability to perform work-related activities, and function in a work environment if they are age 18 or older;
• a statements about the claimant's ability to function at a level compared to non-impaired claimants of their own age if they are under the age of 18; and
• the consultant's consideration on the claimant's major complaint(s) and any other pertinent information relating to their Social Security disability claim.

Through all of these types of documentation for evidentiary requirements, you may request the assistance of an experienced Staten Island Social Security Disability lawyer. Your lawyer can assist you in filing your claim, appealing a denial, and help you understand the Social Security disability claim process.

Contacting a Staten Island Social Security Disability Lawyer

Before you file your Social Security disability claim, be sure to take advantage of this free consumer's guide: 5 Mistakes to Avoid When Filing a Social Security Disability Claim. Contact a Staten Island Social Security disability lawyer at Decker, Decker, Dito & Internicola for help in building your disability claim - 1-800-976-4904.

Decker Decker Dito & Internicola, LLP the New York Social Security Disability Law Firm.  If you have suffered an injury or illness and unable to work, contact Social Security Disability Lawyer Frank J. Dito, Jr., Esq. at 800. 976. 4904.  Mr. Dito is an experienced trial and disability lawyer who represents disabled and injured individuals and their families in getting the benefits that they deserve. Frank is the author of "A Lawyers Guide to Car Insurance", the publisher of the "New York Injury Law Blog" and he is a frequent speaker regarding the recovery of benefits and the preservation of rights resulting from accidents and work place injuries. If you or a family member has a question about disability benefits contact disability lawyer Frank J. Dito, Jr. to discuss your legal rights and how he can assist you in obtaining the benefits you deserve.

DOWNLOAD THE FREE REPORT "The 5 Mistakes to Avoid when Filing a Social Security Disability Claim" Click Here to Download the Free, No Obligation Report by Frank J. Dito, Jr.

IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Frank J. Dito, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. The content of this website is subject to the Copyright of its author, Frank J. Dito, Esq.