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(608) 784-4370

No Fees Unless We Win

(608) 784-4370

What Is Presumptive Disability?

Many people who apply for Supplemental Security Income are faced with significant financial burdens. Having a medical condition that prevents them from working to earn a living means there aren’t any funds available to take care of mounting bills or daily household expenses. Unfortunately, it can take months or even years for benefits to be approved. This is why Social Security law provides a presumptive disability provision that allows those with certain disabilities to receive an expedited payment while waiting for a decision on their claim. Here are some key points to understand about collecting temporary benefits under the presumption of being disabled.

A Brief Guide to Presumptive Disability 

Conditions That Qualify for Presumptive Disability Benefits 

To be eligible for presumptive disability benefits, the applicant must show evidence that they suffer from one of the qualifying medical conditions recognized under Social Security law. These diagnoses include:

  • complete blindness
  • complete deafness
  • Down Syndrome
  • symptomatic HIV or AIDS
  • amyotrophic lateral sclerosis 
  • amputation of two limbs or more than 90% of one leg
  • terminal illness in hospice with six months or less to live 
  • spinal cord injury resulting in the inability to walk without an assistive device
  • a chronic condition that requires being confined to a bed, wheelchair, walker, or crutches
  • difficulty speaking, walking, or using hands and arms due to muscular dystrophy, cerebral palsy, stroke, or muscular atrophy
  • end stage renal disease requiring chronic dialysis
  • severe intellectual disability in those seven years old and above
  • low birth weight babies

It is possible for other types of conditions to qualify for presumptive disability, as well, since each case is up to the discretion of the Social Security Administration. 

Applying for Presumptive Disability Benefits 

Applicants can file for presumptive disability benefits at the same time they file for SSI. In some cases, a consultant at the SSA office can provide approval for the program if it’s clear the criteria have been met or they can verify proof of the condition through a medical expert or social worker. Otherwise, the application will be sent to Disability Determination Services, where it will be decided whether or not to award benefits. 

Because the guidelines surrounding presumptive disability can be quite confusing, it’s imperative to work with an attorney who has extensive knowledge of Social Security law if you believe you are eligible to receive temporary benefits. The legal team at Fitzpatrick, Skemp & Associates, LLC has been helping La Crosse, WI, residents navigate the complexities of applying for Social Security benefits for nearly two decades. They will assess your situation to determine if you qualify for presumptive payments and guide you through the filing process. Call (877) 784-1230 to discuss your case or visit them online to learn more about their experience handling Social Security law claims.