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Posts Tagged ‘Employment’

Can You Win Social Security Disability Without Going to a Hearing?

Friday, August 20th, 2010

Winning Social Security Disability Insurance or Supplemental Security Income Benefits at the application level and avoiding a Social Security Disability hearing is not impossible, but it can be difficult. How can you increase your chances of winning benefits at the Social Security Disability application level? The best way is to understand the Social Security Disability process and how the Social Security Administration will make the determination about whether or not you are disabled and unable to work.

The Social Security Administration uses a five-step approach called the Sequential Evaluation Process to determine if claimants are disabled and unable to find a job given their current physical or mental limitations. Under the Sequential Evaluation Process the Social Security Administration will ask:

  • Are you working? Work (as defined by the Social Security Administration) is making more than a certain amount every month. The amount is updated periodically but for 2010 the claimant is allowed to make $1000 per month (blind individuals can make $1,640 per month)
  • Is your medical condition severe? Severe medical conditions are those which will last at least 12 months and do not allow or severely limit a claimant’s ability to perform basic work activities.
  • Is your medical condition on the List of Impairments? The List of Impairments is maintained by the SSA and describes groups of mental and physical health conditions which are so severe that a claimant is unable to work. If the claimant’s condition is not on the List of Impairments the SSA will continue to step 4.
  • Can you do the work you did before? If the claimant’s medical condition is too severe to perform their current job the SSA will continue to step 5. If the condition enables them to continue working Social Security Disability Benefits are denied.
  • Can you do any other type of work? If a claimant’s condition is too severe for the claimant to continue in their current line of work the SSA evaluates whether or not there is any other job they would be qualified to perform in the current economy. The SSA will make this determination by evaluating the claimant’s age, medical health condition, education, past work experiences and any additional skills the claimant possesses. Claimants who can be retrained for other types of employment are denied Social Security Disability benefits. Claimants who can not perform their current job and can not be retrained for any other type of employment are considered disabled and given Social Security Disability Benefits. Whether or not the claimant qualifies for SSDI (Social Security Disability Insurance) will depend on whether or not they have enough work credits. The amount of credits and the amount of Social Security Disability benefits paid will depend on how old you are and when you became disabled. Claimants who do not qualify for Social Security Disability Income may qualify for Supplemental Security Income benefits if they meet the Social Security Administrations income and resource requirements.

Understanding the determination process, understanding the List of Impairments and documenting your mental or physical health conditions clearly and concisely can greatly increase your chances of having your Social Security Disability application approved at the first level and avoiding a hearing. The Social Security Administration is responsible for gathering current and accurate medical records but following-up and sending medical records you already have can also be helpful. Many claimants also increase their chances of getting Social Security Disability benefits by hiring a competent Social Security Disability lawyer who can follow and review the process every step of the way.

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Will the Social Security Administration consider me disabled?

Monday, August 16th, 2010

Social Security Disability Insurance or Supplemental Security Income benefits are not short-term disability benefits. Individuals who are substantially gainfully employed who are making more than $1,000 per month or whose mental or physical health conditions are not expected to last for at least 12 months need not apply. Medical conditions must also be supported by medical evidence.

The Social Security Administration defines “disabled” as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or … has lasted or can be expected to last for a continuous period of not less than 12 months.”

To determine if an adult (over the age of 18) is disabled the Social Security Administration will evaluate their mental and physical health conditions (as evidenced by the claimant’s medical records) using a five-step Sequential Evaluation Process:

  1. Is the claimant engaged in substantial gainful activity (SGA)? The Social Security Administration considers substantial gainful activity in 2010 as making more than $1,000 per month or working a regular 40 hour per week work schedule (or the equivalent work schedule). If a claimant is able to make this much money each month the SSA will consider them not disabled, regardless of their mental or physical health condition, their education, their work experience or their age.
  2. Is the claimant’s mental or physical condition severe? The claimant’s ability to do work should be severely limited for at least 12 months or more. If the claimant’s mental or physical health condition is not severe the claimant will be determined not disabled. If the claimant’s condition is severe the Social Security Administration will continue to step 3.
  3. Is the claimant’s mental or physical condition listed on the Social Security Administration’s “List of Impairments”? The List of Impairments is a document which identifies conditions that are so severe that the claimant who has these conditions will be determined automatically disabled. If the claimant’s conditions meets or equals one of the listings documented on the Social Security Administration’s List of Impairments the SSA will determine the claimant is disabled, if not the Social Security Administration will continue to step 4.
  4. Can the claimant perform the work they have done before? The Social Security Administration will evaluate if the claimant can do any of the previous jobs they have done in the past (the SSA generally evaluates jobs held in the last 15 years). The Social Security Administration will make this evaluation by analyzing the claimant’s residual functional capacity or RFC. RFC can be physical and can include the claimant’s ability to sit, stand, walk, bend or lift, or it can be mental and include the claimant’s ability to follow directions, get along with co-workers, regularly attend work and maintain standards of cleanliness, pace and concentration.
  5. Can the claimant perform any other type of work which is found in the general economy? If a claimant is unable to perform a past job the Social Security Administration will evaluate if there is any type of work they could do given their age, their medical condition, their past job experience and any other residual skills. If the SSA determines the claimant can not do any other work they will be determined disabled. If the claimant could be retrained to do some type of job they will be determined not disabled.

Additional non-medical requirements exist for claimants to qualify for either SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income). Talk to a qualified Social Security Disability lawyer for more information about Social Security Disability requirements.

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What is A Disabling Health Condition?

Thursday, July 29th, 2010

The Social Security Administration may consider any health condition to be disabling if it is expected to last at least 12 months or more or may result in the individual’s death. The mental or physical health condition also must be so severe that it prevents an individual from performing “substantial gainful activity” which the Social Security Administration considers as making more than $1,000 per month in 2010 or working a regular 40 hour per week work schedule (or the equivalent work schedule).

While any condition which severely limits a claimant to the extent that they can not perform any job at a level to be considered gainful and substantial can be considered disabling, the Social Security Administration does have standards which are referred to as The Listing of Impairments which they use to evaluate a claimant’s disabling health condition.

The Listing of Impairments specifically describes common medical conditions the Social Security Administration automatically considers disabling. Claimants who “meet the listing” or have a condition which is specifically outlined in the Listing of Impairments (with the same limitations and symptoms) will frequently receive Social Security Disability Insurance or Supplemental Security Income benefits at the initial application level. If an applicant does not meet a listing the Social Security Administration evaluates the severity of the condition, if the physical or medical health condition limits the individual’s ability to work and if the condition leaves any residual functional capacity (RFC) for the claimant to continue working.

Residual functional capacity or RFC is the amount of activity an individual can perform in spite of their physical or mental health conditions. Standard physical residual functional capacity can include the claimant’s ability to stand, walk, sit, lift, bend or stoop. Mental residual functional capacity can include the claimant’s ability to work well with others, follow directions, get along with co-workers, attend work and maintain standards of cleanliness, pace and concentration.

After the Social Security Disability examiner determines the claimant’s RFC or residual functional capacity they can determine if the claimant can work full-time at any job they have had previously (examiners generally evaluate the claimant’s last 15 years of employment), and if not, if they can be retrained to work in a new job. A claimant’s ability to retrain for a new job is based not only on their RFC but also other factors such as their age, work experience and their educational level. The Social Security Administration may determine a claimant has a disabling health condition if they can not perform any past jobs or their residual functional capacity is so limiting they can not be retrained for any new type of work.

Medical records, doctor’s statements, physical and mental assessments and other documentation may be used by the Social Security Administration to evaluate a claimant’s residual functional capacity. Impairments by themselves may not be completely disabling, but the Social Security Administration will evaluate the combined effects of all listed health conditions when considering a claimant’s RFC.

It is not unusual for claimants to ultimately receive Social Security Disability benefits because both the mental and physical conditions, when considered together, leave the claimant with very little residual functional capacity. Unfortunately, given the subjection nature of evaluating Social Security Disability claims which do not meet a listing, many claims are not awarded benefits until the Hearing level when the Administrative Law Judge is able to truly evaluate the claimant in person and offer a more subjective conclusion of their ability to continue to work.

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