two men with presumptive disabilities in fort worth texas and are applying for disability
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By Carey Thompson
Founding Attorney

Presumptive Disability is an important provision under Social Security, designed to provide temporary relief to individuals with certain medical conditions that are likely to meet disability standards. This program aims to offer immediate support during the often lengthy process of formal disability claim evaluation, ensuring that those in urgent need receive assistance without undue delay. It’s important for anyone facing significant health challenges and seeking financial support to understand the eligibility criteria for Presumptive Disability and the application process.

What Is Presumptive Disability?

Presumptive Disability (PD) acknowledges that certain illnesses and disabilities are so severe that they invariably qualify under the regular Social Security Disability criteria. PD is designed to provide financial assistance quickly, without waiting for the complete review of the disability claim. The coverage under PD includes a range of conditions, from certain types of cancers to severe mental disorders, and ensures swift support for those facing serious health challenges. This program underscores the commitment to aiding individuals in dire health situations with expedited financial support.

Are You Eligible? Understanding the Criteria

To qualify for Presumptive Disability benefits, applicants must meet specific criteria set by the Social Security Administration (SSA). First, the individual must have a medical condition that is on the SSA’s list of qualifying disabilities, which typically includes severe physical or mental impairments. Additionally, the financial eligibility requirements of the Supplemental Security Income (SSI) program must be met. This means the applicant’s income and resources should fall within the limits set for SSI eligibility. 

It’s important to note that not all disabilities qualify for PD, and the SSA’s list is quite specific. Conditions like certain types of cancers, total blindness or deafness, stroke (if more than three months have passed since occurrence), and cerebral palsy with severe mobility restrictions are typical examples. Applicants need to provide sufficient medical evidence to support their claim of a qualifying disability.

Navigating the Application Process

To begin the application process for SSI and Presumptive Disability benefits, complete the initial application which can be done online, by phone, or in person at a local Social Security office. It is important to provide detailed medical evidence as part of your application. This should include your doctor’s reports, a clear diagnosis, and a treatment plan that supports your condition.

When applying, make sure to clearly state your claim for PD benefits, identifying one of the qualifying conditions recognized by the SSA. Accuracy is key, so ensure all personal information, such as identification and financial records, is current and correct to avoid any unnecessary delays in the processing of your application.

Regularly follow up with the SSA office handling your case to keep abreast of your application’s status. If your application is initially denied, don’t hesitate to file an appeal. For the appeal, gather additional supporting documentation or medical evidence to fortify your case, increasing the likelihood of a favorable outcome.

Common Challenges and How to Overcome Them

A primary hurdle when applying for PD benefits is the stringent requirement for medical evidence; proving the severity of a condition can be complex, requiring detailed and specific documentation. Another common issue is navigating the intricate SSA rules and procedures, which can be overwhelming, especially for those already dealing with significant health concerns. Delays in processing applications are also frequent, often due to incomplete or incorrectly filed paperwork. These challenges underscore the need for thorough preparation and, where possible, seeking guidance to ensure a smooth application process.

How We Can Help With Your Presumptive Disability Application

At the Law Office of Carey Thompson, we can guide you through the complexities of the Presumptive Disability benefits application. Our experienced team can help you gather and present the necessary medical evidence, make sure your application is complete and accurate, and navigate the SSA’s detailed procedures. We understand the challenges you face and are here to help. If you’re seeking support with your Presumptive Disability application, don’t hesitate to reach out to us for personalized and compassionate legal assistance.

About the Author
Carey Thompson has been practicing Social Security Disability Law Since 2008 after he graduated from Texas Wesleyan School of Law, now known as Texas A&M school of Law in Fort Worth, TX.  While at Texas Wesleyan he served on Law Review.  Prior to going to Law School, Mr. Thompson was a High School Band Director for four years using his degree in Music Education from Michigan State University.  Prior to Attending Michigan State, he attended Aledo Schools from Kindergarten to graduate.  Mr.Thompson feels strongly about serving the people of Tarrant County.