What is Partial Disability?

Why It’s Important:
A partial disability refers to a condition that prevents you from performing your job duties to the full extent but does not necessarily make you unable to work entirely. In the context of Social Security Disability, the SSA typically looks for disabilities that prevent you from working for at least 12 months or are expected to result in death. Therefore, the SSA does not provide benefits for partial disabilities, but there are still ways a lawyer can help.

How Can a Social Security Disability Lawyer Help with Partial Disability?

Understanding the SSA’s Definition of Disability

Why It’s Important:
Social Security Disability benefits are only available for total disability, meaning a disability that completely prevents you from working. However, a lawyer can help you understand the SSA’s criteria for determining disability and work with you to demonstrate that your condition is severe enough to qualify for benefits, even if it doesn't make you fully unable to work.

What a Lawyer Can Do:

• Evaluate your condition and determine whether it meets the SSA’s criteria for total disability.
• Help you demonstrate that your partial disability has a significant impact on your ability to work and meets the SSA’s definition of a severe disability.

Exploring Alternative Benefits for Partial Disability

Why It’s Important:
If your condition doesn’t meet the criteria for Social Security Disability Insurance (SSDI), your lawyer can explore other options, such as Supplemental Security Income (SSI), which is based on financial need rather than work history.

What a Lawyer Can Do:

• Help you determine if you qualify for SSI, which may be available even if your partial disability doesn’t meet the full SSDI requirements.
• Advise you on other state or private disability programs that may offer partial disability benefits.

Supporting You in the Functional Capacity Evaluation

Why It’s Important:
For SSD claims, including those involving partial disability, the SSA will look at your Residual Functional Capacity (RFC), which is an assessment of the work you can still do despite your disability. A lawyer can help ensure that your RFC is accurately assessed to show the full extent of your limitations.

What a Lawyer Can Do:

• Work with your medical providers to prepare an accurate RFC that reflects your limitations due to partial disability.
• Ensure that medical evidence and vocational assessments clearly show your ability (or inability) to work at certain levels.

Helping with Vocational Issues

Why It’s Important:
The SSA evaluates your ability to perform past work and other work that is available in the national economy. If your disability affects your ability to perform your previous job but you can still work in another capacity, a lawyer can help present evidence to prove your inability to perform any substantial gainful activity (SGA).

What a Lawyer Can Do:

• Analyze whether you can still perform other types of work, even if you can’t perform your previous job.
• Gather vocational evidence to demonstrate why your partial disability prevents you from engaging in substantial gainful activity.

Assisting with an Appeal if Denied

Why It’s Important:
Since the SSA generally does not award benefits for partial disabilities, it’s possible that your claim may be denied initially. If this happens, a lawyer can help you appeal the decision by presenting additional medical evidence, working on your RFC, or showing why your condition meets the SSA’s definition of disability.

What a Lawyer Can Do:

• Guide you through the appeals process if your claim is denied.
• Help you prepare for a hearing before an Administrative Law Judge (ALJ), where you can present further evidence about how your partial disability affects your ability to work.

What to Know About Social Security Disability and Partial Disabilities

Total Disability is Required for SSDI
The SSA requires that your disability be total, meaning it must completely prevent you from engaging in substantial gainful activity. Therefore, partial disabilities, unless they severely limit your ability to work, may not qualify for benefits under the SSDI program.

SSI as an Alternative
If your condition does not meet the full criteria for SSDI but you still have a partial disability, you may qualify for Supplemental Security Income (SSI), which is based on financial need rather than the extent of your disability.