Disability attorneys in Augusta, GA are aware that three special paths to a disability rating exist without having to complete the process of sequential evaluation. You will be determined to be disabled without having to proceed to the fifth step, and also without having to consult the Medical-Vocational Guidelines, if you meet the requirements of one of the three special profiles listed below.
First Profile:
A determination of disability is given to a claimant who:
- Has an impairment that is severe and medically determinable;
- Is older than or equal to age 55;
- Has completed 11 years (or less) of education; and
- Does not have any past relevant work experience.
Second Profile:
A determination of disability is given to a claimant who:
- Attended school no further than the sixth grade;
- Has worked at unskilled arduous labor for 35 years; and
- Is no longer able to perform said unskilled arduous labor.
Third Profile:
A determination of disability is given to a claimant who:
- Currently is not employed at the SGA level;
- Is semi-skilled or skilled but does not have skills that are transferable, or who has thirty or more years of commitment (considered lifetime) to an unskilled area of work;
- Due to severe impairment is no longer able to perform said lifetime work;
- Is nearing retirement age – 60 years or more; and
- Possesses limited education.
Eligible – Not Disabled
Disability attorneys in Augusta, GA will advise that even if you have completed the evaluation process and the Social Security Administration has determined that you are disabled, there are two different reasons you may not receive a disability determination. Disability will be denied if:
- You fail to follow the treatment prescribed to you without a good reason. Disability attorneys in Augusta, GA will tell you that a denial of disability for this reason is given only if the SSA previously determined you are in fact disabled. The treatment in question must be determined to be “clearly expected to restore” your work ability and your own doctor must have prescribed it.
- Alcoholism or drug addiction is “a contributing factor material to the determination of disability.” Only after you are determined disabled when all relevant impairments, including impairments involving alcoholism or drug addiction, are considered, will this provision come into play. The SSA then again examines your impairments in order to determine if you would be disabled were drug or alcohol use stopped.
Contact Disability Attorneys in Augusta
Do you have questions about Social Security disability benefits? To speak with experienced and knowledgeable disability attorneys in Augusta, GA please contact us today.