How Sick Must You be to Qualify for Social Security Disability?

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how sick do you have to be to win Social

Security disability benefits hi I'm

Jonathan Ginsberg I'm a social security

disability attorney and I get this

question a lot people send me comments

on YouTube or they send me emails and

they described various physical or

mental health conditions and say am i

sick enough am i ill enough is my

condition serious enough for me to win

and of course every case is going to be

looked at case by case but let me just

say it this way we have to start by

understanding how social security

defines disability it's the inability to

engage and what is called substantial

gainful activity or really is any kind

of full-time work because of a medically

determinable condition or conditions

that has lasted or is expected to last

12 consecutive months or result in death

and I will tell you that through one of

the things again about the definition

there's a duration requirement it's got

to be 12 consecutive months very

difficult to win based on the thought

that your condition could be disabling

or could keep you out of work for 12

consecutive months normally what judges

look for and certainly the adjudicators

the state agency level they look for

people who've been out of work for at

least 12 consecutive months so knowing

that there's a duration requirement if

you have a condition that it's likely to

improve then you're going to have a

problem winning disability benefits and

in fact Social Security has changed the

number of the listings I'm going to do

another video about this but in the

indican listing there's a number of

conditions hypothyroidism

hyperthyroidism that used to be listing

level and they changed it and made it

known on listing level meaning that you

can't win without going through the

whole hearing process basically because

the Social Credit is determined that

these conditions now are medically

treatable and manageable certainly to a

light or turn to work within 12 months

so again if you have a condition

somebody wrote in the other day

I have severe Indra Mitra Indu

endometriosis well again that's a

condition that doesn't necessarily say

it's gonna last 12 consecutive months it

might but there's a certainly a

possibility with treatment that it might


so while Social Security cannot require

that you have surgery your condition

needs to be serious enough whit's at

least let's call it semi-permanent so I

think the duration requirements a big

issue the second thing is how serious is

it does is it something that's going to

keep you from working and again there

are certain conditions that are going to

cause mild impairment they're going to

be uncomfortable and for vocational

purposes of vocational witnesses will

testify that you that if you have a mild

level of pain and that would be maybe a

three or four and a ten point scale you

can still do simple entry level type of

repetitive work it would not allow for

something where you have to do a lot of

analysis or decision-making but if

you're doing the same repetitive type of

thing over and over you can be

uncomfortable you can have a certain

level of depression but you've got to go

more than that if you want to win

disability so some of the things that I

look for when I'm evaluating cases would

be a condition that causes you to have

to take frequent bathroom breaks

IBS Crohn's colitis that sort of thing

or even some sort of other

gastrointestinal issues interstitial

cystitis could be one where you've got

to go to the bathroom frequently because

vocational witnesses will testify almost

without exception that if you have to

take a bathroom break once an hour that

is too much know unskilled employer a

know unskilled job a supervisor is going

to let you take that many breaks I think

if you have radiating pain into your

arms or legs that suggests a severe disk

issue and that would be again you'd want

to have an MRI or CT some sort of a

projective evidence backing that up but

if you've got radiating pain that's kind

of shorthand for a judge that you've got

something really serious going on

diabetes that's uncontrolled and

controlled over time

because diabetes is one of these

conditions that if you have really high

blood sugar for 2 3 4 years it's going

to start impacting organs that's going

to affect your eyesight it's going to

cause permanent nerve damage in your

hands and feet and again if you testify

that you have hard time feeling your

feet or it can't use your hands for fine

motor manipulation or you have blurred

vision and you've had uncontrolled

diabetes for 2 or 3 or 4 years despite

your best efforts to take medications

and do it your doctor says exercise lose

weight and so forth a judge would likely

believe that your diabetes is going to

be disabling and prevents you from being

a reliable employee circulatory system

problems always I think give you a good

shot at winning and things like DVT or

anything related to blood pumping

through your body because again these

are conditions it's hard to kind of work

through that you're going to be fatigued

in the case of a DVT or blood clots

you're gonna have to keep your legs

extended you can't walk around very much

and again that's a practical problem

when you're trying to do an unskilled

entry-level job you're not going to get

any sort of accommodation most likely

from your employer heart problems are

always strong cases congestive heart

failure problems with your your heart

pumping enough blood to keep your keep

you have to you have to keep your legs

extended that sort of thing cardiac

issues are get objectively determinable

you can take tests to see what's going

on there and they don't simply clear up

on their own so heart cases

serious heart problems usually going to

be winning cases severe depression or

PTSD again depressions becoming more

difficult it's got to be severe what I

look for would be inpatient

hospitalizations more than one multiple

suicide attempts ongoing treatment drug

resistant where you've tried multiple

different drugs and you still cannot

function in a normal fashion

but again depression you've got to have

something more than just your taking

medication for three or four years and

you have crying spells periodically I'm

not minimizing I'm just telling you that

in this current climate those cases just

are not getting approved obviously in

those multiple sclerosis where you've


interference with your ability to use

arms or your legs those are strong cases

so you kind of get the sense and there's

obviously a lot more medical conditions

that are winnable cases but as you can

see there's got to be something

compelling in terms of your diagnosis

you've got to have objective evidence

supporting that and it's got to need a

really really serious level the days

when you could walk in and say I'm just

in a lot of pain I don't really know why

you're not going to get a proof that's

why fibromyalgia chronic or I just think

used to call it chronic regional pain

syndrome that sort of thing those those

are just much more difficult to win

those cases nowadays even conditions

like Lucas or even HIV which are

somewhat manageable and at times gonna

be difficult to win unless you've got a

lot of evidence supporting your

contention that you would not be a

reliable employee so that's really what

I look at is a level of impairment a

level of disease or disorder that is so

severe that there is extensive medical

record there's objective medical

evidence and you've got really

compelling testimony that you've tried

your best to work through it but you

simply can't so that's kind of a short

answer to how sick do I have to be

hester's does my illness have to be me

to win disability benefits I hope you

found this helpful if you did please

give it a thumbs up on YouTube like it

on Facebook and if you've not already

done so go to my website at SSD

answers.com subscribe to my free secrets

to winning disability survival kit it's

a free download any questions reach out

to me through YouTube or Facebook I'll

be happy to try to answer those or

prepare another video to answer your

questions and until next time this is

Jonathan Ginsberg wishing you the best

that's one hi this is Jonathan Ginsberg

and I hope you found this video helpful

if you'd like to know more about how to

win your social security disability case

I'd like to invite you to download my

secrets to getting approved early

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common mistakes that can doom your case

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