Disability Law

Mar 02, 2011 No Comments by

Disability law is used to decide whether a person applying for Social Security disability benefits is disabled. Many people want to research federal disability law. There are many places to go to find federal disability law. The main source of disability law is the Social Security Act itself. Disability is defined by 42 U.S.C. 423(d) as:

… inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. …

An individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), “work which exists in the national economy” means work which exists in significant numbers either in the region where such individual lives or in several regions of the country.

You can see that the disability law is complicated and also a bit harsh. It takes more than being unable to do the kind of work you used to do to be found disabled under federal disability law. It does not matter that a person cannot find a job.

The Social Security Act is not the only source of disability law. There are also Social Security’s regulations which interpret the Social Security Act. Social Security has issued many Rulings which are also a source of disability law. In turn, those regulations are interpreted by Social Security’s manual. The courts get to interpret disability law. Here are some recent court decisions on federal disability law.

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About the author

Charles Hall is the lead attorney for the Charles Hall Law Firm in Raleigh, NC. He has been practicing in the Social Security Disability law field since 1979, is published, and is ready to help new clients win their benefits in North Carolina.