DO YOU NEED TO “LOOK DISABLED” FOR SSD?
Can I Qualify for Disability if I Don’t Look Disabled?
People sometimes imagine you need an obvious, visible health impairment to qualify for Social Security Disability benefits. They might picture people who use wheelchairs or other assistive devices or people who move or speak differently from others.
But it isn’t true that you need a physical impairment to get benefits. You can qualify for disability benefits even if you don’t “look disabled.”
You only need to meet Social Security’s special definition of “disability,”which is very different:
- You have a serious health condition.
- This health condition prevents you from working a substantial amount at any job.
- Your work-stopping medical issues will last for 12 months or longer if they haven’t already.
Whether or not your medical condition is easy to see isn’t the issue. If you can meet these criteria, you can qualify for benefits.
A Detroit disability lawyer from the Levine Benjamin Law Firm can guide you through your application, no matter what kind of health issue you’re facing.
People win benefits for “invisible” health problems, like mental health issues, cardiovascular diseases and autoimmune disorders all the time.
The process for getting approved can be complicated, particularly for disorders like mental health, pain or fatigue conditions that don’t always come with concrete medical test results to confirm them. But you absolutely can win benefits.
It’s smart to get help from a disability lawyer who knows the unique requirements of the Social Security Disability system and the right strategies for hard-to-see impairments.
Levine Benjamin is the top disability firm in Michigan measured by how much we win in benefits for our clients.
We help people across Michigan, Ohio, Indiana, the Midwest and the country. We’ll work with you from the very first steps to build the strongest, most persuasive disability claim you can.
It takes work to secure benefits, but it’s worth it when you receive monthly income support and health care coverage access.
From applying to appealing, we help you every step of the way.
WHAT WOULD YOU LIKE TO DO?
Is It Difficult to Qualify for Social Security Disability with an Invisible Impairment?
It can be challenging to qualify for disability benefits when you have an impairment that’s hard for others to see, but here’s the secret—it’s always difficult to win disability benefits, no matter what condition you have.
Social Security Disability has strict standards. Even someone who thinks they have an obvious impairment can struggle to get approved. Most claims of all kinds are denied at least once.
The key is knowing what the Social Security Administration (SSA) looks for in a claim and backing up your application for benefits with evidence.
When you’re ready to apply for disability, take these steps:
Step #1: Gather your medical evidence.
A diagnosis report from your doctor, exam reports, results of blood tests, results of exercise tests, biopsy results, breathing test results, medical imaging like MRIs, CT scans and X-rays, doctors’ notes about what treatments you’ve tried and any other medical records you have are a core component of your disability claim.
Step #2: Show how your impairment has affected your work.
Tie your symptoms to the tasks you need for your job to explain how your symptoms interfere with work. If you needed accommodations at work, like extra breaks or a reduced workload, documenting that can make your claim stronger.
Step #3: Show how your impairment has persisted over time.
For many of the “invisible” ailments that are harder to confirm with results like blood tests and X-rays (like mental health or chronic pain conditions), it’s important to provide a record of your efforts to seek medical help over time. Evidence for these claims could include psychologist or psychiatrist notes. You also need your doctors to document how your condition has responded to treatment attempts.
Step #4: Ask for statements from friends, family members and coworkers.
Anyone who has witnessed how your health struggles have affected you in everyday life can offer a statement and back up your disability claim.
The more evidence you have—beyond you reporting how your condition makes you feel and affects your abilities—the more convincing your claim will be, even if you don’t look like the stereotypical image of a person with a disability.
What Do Disability Judges Look for when You Appear in a Disability Hearing?
Only around 35% to 40% of initial disability claims get approved in Michigan, Ohio and Indiana. Most people have to fight for benefits in an appeal.
The second phase of appeals is the disability hearing in front of an administrative law judge. It’s often the best chance to make your case and win benefits.
It may be your only chance to speak directly to a decision-maker at Social Security about what you go through with your health problems and how they rob you of the ability to work.
Some people wonder if it’s better to go to a disability hearing when you have a visible health impairment.
Let’s be real: You don’t need to show up to your hearing with a cane. Again, it doesn’t matter if you “look” like you have a disability.
In fact, it’s bad to overstate your symptoms when you attend your hearing.
The judge wants to see evidence—your medical records and information about your previous job duties—and our disability attorneys can help you prepare all of that.
When the judge asks you questions, just be honest about your experiences and make it clear how your symptoms make it impossible to work. This is your best chance to just explain your situation person-to-person.
It helps to have a Michigan disability lawyer at your side who can prepare you ahead of time, help you tell your story, question medical or vocational experts who may testify about your case and handle the legal process parts of the hearing.
Types of Disability Benefits You Can Get with a Visible or Invisible Impairment
Social Security runs two different disability benefits programs, both of which require you to meet the definition of disability set by the Social Security Administration (SSA).
The same kinds of health problems qualify for both programs. Again, it doesn’t matter if you have a physical, mental, visible or less obvious condition.
The first is Social Security Disability Insurance (SSDI), a program designed to offer a financial lifeline to people who have worked and paid into the system.
The second is Supplemental Security Income (SSI), a need-based program that you can qualify for even if you have never worked a substantial amount.
There are also some differences in how payments for these programs are calculated and what kind of medical coverage you can get when you’re approved.
Let’s take a closer look at how SSDI and SSI benefits compare:
| Requirements | ||
|---|---|---|
| Meeting the SSA definition of disability | YES | YES |
| Earning enough work credits | YES, you need to have worked and paid into the system to receive SSDI. | NO, SSI is a need-based program. You can qualify even if you have never worked due to your health. |
| Having limited assets | NO, you can have assets like savings, property, and investments and still receive SSDI. | YES, eligible individuals can have $2,000 in assets and eligible couples are limited to $3,000. |
| Benefits | ||
| Monthly payments | Social Security looks at up to 35 years of your past earnings and uses its own formula to calculate your monthly payments. | SSI benefits start at a maximum payment that’s the same for everyone and gets reduced based on any income or other benefits you receive. |
| Medical coverage | If you qualify for SSDI, you can enroll in Medicare after a waiting period. | If you qualify for SSI, you can enroll in Medicaid with no waiting period. |
If you’re not sure which program you should apply for, talk to our Detroit disability attorneys.
Can I Afford a Michigan or Ohio Disability Lawyer?
You know it’s difficult to win disability benefits, and you realize that a Social Security Disability lawyer can help, but maybe you’re worried that you can’t afford it.
When most people think of lawyers, they think of monthly retainers or paying expensive fees just to get one to take their case.
Disability attorneys work differently. We work on contingency, meaning that we only get paid when you do.
There’s no attorney fee until you win benefits.
This is true regardless of whether you have a condition that can be easily confirmed with hard evidence or a condition that requires more care to explain. The attorney fee works the same way even if your claim takes longer than average to get through the process.
When your SSDI or SSI claim is approved, you’ll receive a lump sum of back pay to make up for some of the time you waited to get approved.
Your lawyer’s fee comes out of that back pay, so you don’t even have to write a check. Social Security also limits these fees to a portion of the back pay.
So you don’t have to make the case that your health problems qualify as a disability on your own.
Work with Levine Benjamin disability lawyers who have helped more than 100,000 people in Detroit, Lansing, Grand Rapids, Flint, Toledo, Elkhart and many other communities.