Illinois  |  Disability Law

Legal Question

Asked on: 2/23/12, 3:47 pm

I have sleep apnea, diabetes, lymphedema and was denied ssi can i seek legal help?

1 Answer

Answered on: 2/23/12, 5:10 pm by Stephen Messutta

You have described disorders, conditions and/or illnesses. All three can be related to obesity. They do not necessarily constitute a "disability" for purposes of SSI. I went to the SSI website page:

which states:

"The definition of disability under Social Security is different than other programs. Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability.

"Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:

"You cannot do work that you did before;

"We decide that you cannot adjust to other work because of your medical condition(s); and

"Your disability has lasted or is expected to last for at least one year or to result in death.

"This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments."

Without further information, you have not indicated that any of these disorders, conditions and/or illnesses, or potentially some underlying obesity issues, cause you to fall within the definition.

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