As a disability attorney, I frequently get this question from new clients. Officially, in Social Security, being a disabled adult has one definition:

“You must not be able to engage in any substantial gainful work activity because of a medically determinable physical or mental disability(ies) that is either expected to result in death or has lasted or is expected to last for a continuous period of at least 12 months.”

But what does this mean?

Simply put, it means you’re unable to work due to your health and likely won’t be able to return to work within a year. Social Security will review your medical records and look for objective medical findings. They will also consider job market data to decide whether you could hypothetically join the national workforce.

You must prove that your health prevents you from doing your past work. Social Security must show that, even if you can’t do your previous job, your health, age, and employment outlook still leave you capable of doing less demanding jobs. This is regardless of the pay or whether you can actually find and get hired for such a job.

This process is complicated. Social Security regulations are updated frequently. There are specific deadlines and rules for submitting evidence.

Follow our blog for ongoing insights. If you live in NC and need a lawyer to advocate for you, call our law firm or complete an online inquiry on our website, www.hall-rouse.com.