What qualifies as disability under Social Security?

A medical condition or conditions that prevent performing any kind of job for at least 12 months or could result in death. It’s important to understand that being unable to perform your previous job doesn’t automatically qualify as a disability. The condition must prevent you from performing any type of work, not just your usual occupation.

How did you enter the disability law field and what keeps you there?

David Lund entered disability law after law school through an administrative law clinic. The collaborative nature of working with judges and helping clients appealed to his personality. After 24 years in practice, he continues to find fulfillment in helping clients navigate the complex disability system.

Why do some people get approved quickly while others wait longer?

Each case is unique, even with similar medical conditions. Factors like different doctors, medical testing, age, work history, and documentation all affect the approval timeline. It’s important not to compare your case to others since you don’t know their full circumstances or actual timeline.

How does substance abuse affect disability claims?

Substance abuse is evaluated based on whether it’s a “material factor” in the disability. For example, if someone has a bad back, alcohol use may not affect their disability claim. In cases where damage is permanent (like liver disease from alcoholism), benefits may be approved even if the initial cause was substance abuse.

Can immigrants receive disability benefits?

Only legal residents can receive Social Security disability benefits. There are two main types of claims: one based on work credits paid into the system, and SSI which is needs-based. Both require proper documentation and a valid Social Security number. While there are separate programs for legal refugees, undocumented immigrants cannot receive disability benefits.

Why isn’t a doctor’s statement of disability enough for approval?

While medical opinions are important, Social Security requires specific documentation of functional limitations rather than just a statement of disability. Doctors should provide detailed information about restrictions like lifting limits, working hours, and specific impairments. The old “treating physician rule” has changed, making detailed medical evidence more crucial than general statements of disability.

Why do disability cases sometimes take so long?

Delays are often due to the system itself, not attorneys trying to increase fees. There’s a cap on attorney fees, and representatives actually benefit from quicker approvals. Earlier approvals often mean less administrative work while still helping clients get their needed benefits.