Disabling Impairments
A disabling impairment is a disease, injury, or impairment determined by a doctor to be severe enough to cause you problems performing basic work activities at your job. To qualify for LTD/STD and SSA disability, the impairment(s) must have lasted or are expected to last beyond the qualifying period or for more than 12 months.
Let’s break that definition down:
A disease may be chronic, like diabetes or hypertension, or acute, like brain trauma.
An injury could be a torn knee ligament that hinders your ability to walk and/or stand.
An impairment may be psychiatric, like schizophrenia or bipolar disorder.
Or you may be suffering from a combination of any of these things.
The impairment should be verified and documented by physical exams, objective lab testing, and diagnostic tools like X-rays, MRIs, and CAT scans, leading to a medical diagnosis.
Severe enough means that, because of your impairment, you have more than minimal functional limitations in performing the basic tasks of your job or daily living activities. The LTD/STD Plan Administrator and SSA will consider all your impairments, alone or in combination, job-related or not when determining if your impairment is severe enough to qualify.
The SSA12-month rule means that your impairment(s) has to have already lasted or, your doctor believes will last, for 12 consecutive months or more. Social Security benefits are designed to help those with long-term disabilities. If your impairment(s) haven’t gone on that long or aren’t expected to last that long, you may still be eligible for short-term disability benefits from your state.
With over 30 years of experience in disability law, Sima and her team bring the knowledge and dedication needed to guide you through every step of the process. Call us today for a free consultation.
Why Choose Aghai Law?
30+ Years of Disability Law Experience
With over 30 years of experience, Sima G. Aghai has appealed more than 2,000 cases and litigated at least 200 cases in federal court, earning a reputation as a tireless advocate for individuals facing complex disability matters.
Former
SSA Attorney
Sima G. Aghai spent 7 years as Attorney Advisor and Senior Attorney Advisor at the Social Security Administration. She understands how decisions are made—and how to challenge denials from the inside out. When it comes to appeals, insider knowledge makes a difference.
We Specialize in
Appeals
We don’t just file applications—we fight denials. Whether your claim is with the SSA or an insurance provider under ERISA, we step in when others stop. Appeals are our focus, and we know how to win them.
How the Disability Appeal Process Works
Free Consultation
We review your denial letter and walk you through your appeal options.
We Build Your Appeal
Our team gathers evidence, handles paperwork, and prepares your case.
Hearing or Federal Filing
We represent you at hearings or in federal court, depending on your situation.
You Get Results
If we win, you get the benefits you’re owed—and pay nothing unless we succeed.
Let’s take the next step together.
You’ve already taken the hardest step by asking for help. Now let’s review your denial, build your appeal, and fight to win your benefits.
Start Your Free Case Review
FREQUENTLY ASKED QUESTIONS
Absolutely. You need a lawyer. You need someone in your corner with experience and knowledge to help you navigate the confusing maze required to gain disability benefits. Without a lawyer, you could make a mistake that would harm your case and even inadvertently disqualify you from getting benefits. Filing for disability benefits is no time to go it alone. Sima Aghai and her staff have helped thousands of people get the disability benefits they deserve. Let us help you.
The answer to this depends on several factors and how they affect your case, but, generally speaking, from the application for benefits through a final administrative decision, it can take between 12 – 24 months. If your case needs to go to appeal before the United States District Court, that could add another 12 months or longer to the overall length of your case.
Monthly benefits vary by the type of claim approved and your work history. For STD/LTD, the amount of benefits are as reported in your plan documents and are generally, 60%-75% of your base income. For Social Security Disability Insurance, benefits are calculated using your 35 highest annual earnings and can be a maximum of $3,345 (in 2025) at full retirement age.
Supplemental Security Income monthly benefits are based on the totality of your monthly income and resources. Maximum benefits with the California state supplements are $1,206.94 per month for an individual and $2,057.83 for a couple.
For Social Security benefits, minor children of a disabled worker may be entitled to auxiliary benefits, depending upon the benefit awarded to you as the disabled worker. The amount is approximately 40% of your monthly payment.
Yes. For LTD/ST benefits, anyone over the age of 65 years, may have limitations in the period of time they are entitled to disability benefits. For SSA benefits, one must be below their full retirement age to be awarded disability benefits. However, different rules apply to different ages. We will be happy to explain how these rules affect your individual situation.
Yes. Many claims that are initially denied are successful following an appeal. If your claim is denied upon Initial Determination, we appeal the denial by requesting a “reconsideration” determination. For LTD/STD benefits, once all administrative appeals are exhausted, we evaluate your claim for a possible lawsuit in United Stated District Court. For SSA benefits, we appeal any denial to hearing before the Administrative Law Judge. If that fails, we can file an appeal with the Appeals Council and even file a lawsuit in United States District Court.
Contact us today at (888) 954-0064 to schedule an appointment for a free consultation about your case or fill out this evaluation form and we will get right back to you.