North Dakota Disability Attorney

How Do I Know if I Qualify for Disability Benefits?

Determining whether you qualify for disability depends on the nature and severity of your condition, how it affects your ability to work, and the type of benefits you are seeking. Most programs require medical documentation showing that your condition significantly limits your ability to perform substantial work.

At Ficek Law, we can review your medical records, work history, and relevant documentation to understand which benefits may be available, guide you through the application or appeals process, and handle communications with agencies or insurers to pursue the support you are rightfully entitled to.

Can I Receive Disability Benefits if My Condition Isn’t Listed by the SSA?

If your specific health condition isn’t listed by the Social Security Administration (SSA), you can still receive disability benefits if you can prove that the condition is medically equal in severity to a listed impairment or that it prevents you from performing work.

Cases involving non-listed conditions require medical evidence showing how your limitations prevent substantial gainful activity (SGA), making it crucial to have a knowledgeable attorney on your side. We can help you submit medical records, treatment notes, and supporting statements to present a strong case for benefits. 

Can I Receive Disability Benefits for a Mental Health Condition?

You may qualify for disability benefits if a mental health condition prevents you from maintaining consistent work, such as depression, anxiety, bipolar disorder, schizophrenia, or PTSD.

Disability cases involving mental health often hinge on detailed documentation and context. We can help you organize therapy notes, medical evaluations, and personal accounts to clearly show how symptoms affect routine tasks and job performance. 

What Is the Process of Applying for Disability Benefits?

The process of applying for disability benefits typically involves the following steps:

1. Confirm eligibility. Disability benefits are available to adults 18 or older who are not currently receiving benefits on their own Social Security record, are unable to work due to a medical condition that is expected to last for 12 months or result in death, and have not been denied disability benefits within the last 60 days.
2. Collect medical and work records. We can help you gather treatment notes, test results, and detailed documentation from healthcare providers to support your claim, as well as employment history, pay stubs, and job descriptions.
3. Review the Adult Disability Checklist and complete the Disability Benefit Application. Applying for disability requires specific information about your medical condition, work history, and daily limitations. We can help you complete forms accurately and clearly communicate your symptoms and limitations.
4. Provide supporting evidence. Strong supporting evidence is key to a successful claim. We help gather and submit detailed medical statements, functional reports, and other documentation that demonstrates the severity of your condition.
5. Respond to requests from agencies. The SSA and other agencies may request additional information or clarification. We can handle communications on your behalf and provide timely responses to avoid delays.
6. Manage appeals. If your initial application is denied, you may have the right to appeal. We can present a compelling case that highlights your limitations and guide you through reconsideration, hearings, and further appeals if necessary.

Navigating this process can be complex, but with hands-on legal guidance from Ficek Law, you can focus on your health while we pursue the benefits you may be entitled to.

What Are My Rights if My Disability Claim Is Denied?

If your disability claim is denied, acting promptly is critical to protecting your eligibility. Our attorney is well versed in disability law to review the denial letter in detail, identify gaps or errors in your application, and help gather new evidence to strengthen your case. Our goal is to reflect the full impact of your condition and present your situation clearly and persuasively to give your appeal the strongest possible chance for a favorable outcome. 

How Soon Can I Apply for Disability Benefits?

You can apply for disability as soon as your medical condition prevents you from performing substantial work for an extended period. Having thorough medical documentation and a clear record of your limitations is key to strengthening your claim. Timing can also affect back pay and the overall processing of your benefits.

There may also be a required waiting period before payments begin. SSDI benefits begin after a mandatory five-month period. There is no fixed waiting period for SSI, meaning payments can begin once eligibility is approved. Private or employer-based disability benefits may have different “elimination periods” that vary by policy.

Understanding when to apply for benefits can be confusing, especially with strict deadlines and eligibility rules. Our attorney can advise on the best time to submit your application and present a complete, well-documented case on your behalf to reduce delays and give your claim the strongest foundation from the start.

Applying for disability benefits can be complicated, but you don’t have to do it alone. Call (701) 436-2461 to schedule a free consultation with our skilled disability lawyer. Pay no legal fees until we win or settle your case.