If you’ve been in some sort of accident, or have recently been diagnosed with a medical condition, you may not be able to return to work. If this is the case, you can apply for disability benefits. However, it is very difficult to be approved the first time you apply. This is why we recommend you have a Greenville disability lawyer help you with your application. There are certain things you must prove in order to qualify for disability. Your disability attorney in Greenville is well aware of these requirements.
Our attorneys have been handling disability cases for years. They’re familiar with the type of evidence they can submit to prove your disability. They also understand that you can apply for disability with either a physical or a mental condition. As long as you can prove that you are unable to work and that your condition will last for at least one full year, you should be eligible for disability in South Carolina.
Here, we will briefly discuss the requirements to qualify for disability in Greenville, South Carolina. We will also explain how you can prove that you are disabled. If you happen to have questions about your own disability case, feel free to contact our office. We will be more than willing to sit down and have a conversation about your case.
Your Greenville Disability Lawyer Must Prove 3 Things
In order to qualify for disability benefits in South Carolina, your Greenville disability lawyer must prove three things. The first thing they have to prove is that you can no longer continue working in your old position. For example, if you have been a truck driver for over 20 years but recently had a hip replacement, clearly you won’t be able to work as a truck driver anymore.
The second thing your attorney needs to prove is that you’re unable to switch to a new job. This requires more than showing that you can no longer earn the same amount of money you used to earn. You must show that you are physically or mentally unable to work in any position available to you. For example, if you are in your late 50s and have never worked with computers, it may be unreasonable for the court to suggest that you get a job as an office assistant.
The third and final thing you need to be able to prove is that your condition will last for at least one year. This does not mean you have to wait until you’ve been out of work for a year to apply for disability benefits. It simply means that you’ll need your doctor to certify that your medical condition will prevent you from working for at least the next 12 months.
If your disability attorney in Greenville is able to prove these three things, you should qualify for benefits. However, it is important to know that more than 65% of all disability applicants are denied the first time they apply.
What Medical Conditions Qualify Under Disability?
You may be wondering what medical conditions would qualify you to go on disability. Some of the more common medical conditions our clients have had include the following:
- Anxiety-While some people do qualify to go on disability due to the anxiety, this is rare. Your doctor and psychiatrist would have to certify that your anxiety is so severe that you are unable to hold down a job for any period of time.
- Back pain-If you have a degenerative disk condition, or have injured your back in an accident, you may not be able to work going forward. If your doctor can certify that your back pain is so bad that you can no longer work, that may be sufficient to get your claim approved.
- Cancer-It should be no surprise that cancer is one of the qualifying medical conditions. Depending on the type of cancer you have and the severity, you may be approved to receive disability benefits.
- Congenital heart failure-Anybody with congenital heart failure will have a difficult time working. All you’ll have to do is have your cardiologist indicate in writing that you are no longer able to work, and your disability claim should be approved.
- Diabetes-It is not enough to have a doctor say that you have diabetes. Your doctor would have to demonstrate that you are condition is so serious that you are not able to work either part time or full time.
If you have any of the above conditions and feel that you were not able to work at any point in the near future, you should call and speak with a Greenville disability lawyer. They can assist you in filing your initial claim, and if need be, follow up with an appeal.
What if Your Doctor Thinks You Can Return to Work in the Future?
You also have to keep in mind that your doctor must certify that you cannot work for at least one year due to your medical condition. However, that does not mean that you must prove that you could never work again. If you’re in your 20s or 30s and suffer a serious injury, you may be unable to work for at least a year. However, this does not mean that you’ll never work again.
The Social Security Administration may ask you at some point in the future to prove that your disability is ongoing. It is very rare for someone that young to be approved for permanent disability in the state of South Carolina.
What Documentation Can You Submit to Prove You’re Disabled?
Of course, one of the things your disability attorney in Greenville will need to do is prove that you’re disabled. They can rely on a variety of evidence to do this. Some of the documentation we’ve used in the past to help clients include the following:
- documentation about your treatment plan
- hospital records
- records of visits to your doctor’s office
- the results of various medical tests
- an affidavit from your doctor or your psychiatrist
- written statements from family members who can attest to your permanent disability
Since every case is different, the type of evidence that your Greenville disability lawyer uses will depend on your case.
Contact a Disability Attorney in Greenville
If you or your spouse have suffered an injury recently or are suffering from a medical condition that prevents you from working, contact our office. You can come in and meet with a disability attorney in Greenville absolutely free.