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Posts Tagged ‘Social Security’

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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How are Medical Records Gathered by the Social Security Administration?

Friday, August 13th, 2010

Winning Social Security Disability benefits can be an arduous process but with a little information and effort there are some simple things the claimant can do to facilitate the process. One of the most time consuming tasks for the Social Security Administration is gathering medical records for each Social Security Disability applicant. Understanding the data gathering process and helping out where possible can expedite the Social Security decision making process.

  1. The first step in the Social Security Disability application process is for the applicant or claimant to submit their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) application to the Social Security Administration. Applications can be completed over the phone, in person or online. Claimants who wish to meet a Social Security Representative in person will go to the Social Security Administration’s nearest field office. Appointments should be made in advance.
  2. The claimant’s SSDI or SSI application will evaluated by the Social Security Administration. In most states the agency who evaluates a Social Security Disability Insurance or Supplemental Security Income claim is called the DDS or Disability Determination Service.
  3. At the Disability Determination Service office the SSI or SSDI claim is assigned to a disability examiner. The disability examiner is responsible for sending out requests to all of the applicant’s medical providers who were listed on the application for medical information for the claimant. The M.E.R. requests or medical evidence of record requests should be completed by each doctor, clinic and hospital as soon as possible and sent back to the Social Security Administration for review. It is extremely important that the disability claimant provide an accurate and complete list of all medical personnel and clinics that have provided medical care for their disabling health conditions.
  4. The claimant’s disability case is considered “on hold” until the medical records are received and the evaluation for the Social Security Disability case can continue. Unfortunately, gathering medical records can be the most time-consuming part of the disability evaluation process and can take weeks or months. The disability examiner, who is evaluated on the number of cases they can get closed, generally makes every effort to gather records as fast as possible. Claimants who are able to provide their own medical records to the examiner may eliminate this step and expedite the decision for Social Security Disability benefits.
  5. After the disability examiner receives the claimant’s medical records they will begin to evaluate the claimant’s Social Security Disability claim and make a determination of whether or not they are physically or mentally impaired and unable to work.

Every claimant wants to know “what can I do?” The answer is very simple, do everything you can to make sure the disability examiner has accurate and complete medical records to make your disability determination. If you have copies of your medical records they can be sent to the disability examiner. Review your medical records and make sure they accurately reflect your current medical condition. Hiring a Social Security Disability attorney may also help. Social Security Disability lawyers can gather medical records and request statements from your doctors which outline your medical conditions and any residual function capacities you may have to continue working.

Do not stop going to the doctor. Receiving Social Security Disability benefits can be a lengthy process. Keep going to the doctor for your mental and physical health conditions. Continuous medical care is imperative and can provide evidence that your condition is serious and you are dedicated to getting the medical treatment you need.

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How to find a Social Security Disability Attorney

Friday, July 30th, 2010

Applying for Social Security Disability Insurance and Supplemental Security Income does not have be a complicated process, especially with the help of a professional Social Security Disability Attorney. The Social Security Disability evaluation process, unfortunately, can require multiple steps if the application is denied including: filing the Social Security Disability application, filing the Social Security reconsideration appeal (if the initial application is denied) and requesting a hearing (if the reconsideration is denied).

Most Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) applications will be denied the first time they are submitted to the Social Security Administration.  By hiring a SSDI lawyer and understanding the process, applicants can drastically increase the chances that they will eventually receive Social Security Disability benefits. Although most SSDI or SSI lawyers will not complete the Social Security Disability application and submitted it to the Social Security Administration for their clients, they do perform a wide variety of very important actions. Social Security Disability attorneys can do the following:

  • If the claimant has been denied the Social Security Disability lawyer can review the initial SSDI or SSI application to ensure it was accurate and complete.
  • Gather and review the claimant’s medical information.
  • Make sure the Claimant’s most recent medical Information has been sent to the Administrative Law Judge prior to the Claimant’s Hearing date.
  • Argue the claimant’s case before the Social Security Administrative Law Judge.

While a Social Security Disability attorney can not guarantee they can get their claimants SSDI or SSI benefits the experience attorneys have gained from the hundreds of Social Security Disability claims they have handled each year can help them determine if a client has a winnable Social Security Disability case. Social Security Disability lawyers understand SSD laws and can evaluate their client’s medical evidence to determine their work limitations.

Most Social Security Disability attorneys take cases on a contingency fee basis which means SSD attorneys do not get paid unless they win their SSD client’s case. This can be great news for SSD claimants, many of whom do not have the extra $150 to $200 per hour which most attorneys charge for legal assistance. Social Security Disability attorneys make every effort to take SSI and SSDI cases they think they can win. Losing a case means the Social Security Disability lawyer may have spent hours or days preparing for a case without making a profit.

How can a claimant help their Social Security Disability lawyer? Claimants must continue to receive medical treatment for their condition and make sure their attorney has all of their medical records. Claimants are responsible for partnering with their Social Security Disability lawyer by answering phone calls and sending all requested information as soon as possible.

Contingency fee contracts can be a great way for claimants who are filing for Social Security Disability benefits to receive competent legal counsel with no up-front costs. Prior to signing any type of contract the claimant should understand exactly what types of services the Social Security Lawyer is providing and how much it will cost. Social Security Disability attorneys who win a Social Security Disability claim may receive up to 25% of the claimant’s past due benefits. This is paid to the Social Security Disability attorney regardless of the amount of work they did for the Social Security Disability claim.

Most Social Security Disability lawyers are hardworking professionals who do their best to get the best results for their clients. Claimants can receive strong legal counsel with little up-front cost, and the Social Security Disability attorney receives a fair payment if they win the claimant’s case. Talk to friends, do adequate research and make sure all fees and expectations are outlined before signing a contract with a Social Security Disability lawyer.

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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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Understanding The Social Security Disability Appeals Process

Thursday, October 1st, 2009

In my previous post I explained the need for quick action if your application for Social Security Disability Benefits has been denied. When you appeal the decision, your case will move through a process that has three levels. Below I explain what will happen in each of the steps of the appeals process.

Hearing

If you disagree with the Social Security Administration’s initial decision, you may ask for a hearing on the “disability” issues of your claim, such as whether or not you are disabled, when your disability began or whether or not it has ended. An administrative law judge who had no part in the first decision of your case will conduct the hearing.

It is usually conducted within 75 miles of your home. A notification of the time and place of the hearing will be sent to you and your attorney. You will be given an opportunity to explain your case in person and provide new information about your claim. Witnesses in the case will be questioned by the administrative law judge, your attorney and/or you.

The administrative law judge will question you and any witnesses at the hearing. You or your representative also may question the witnesses.

It is usually to your advantage to attend the hearing, but it is not required. If you don’t wish to attend, you must notify the Social Security Administration in writing that you don’t want to attend. Unless the judge believes your presence is necessary in order for a decision to be made, he or she will make a decision based on all the information in your case, including any new information presented in the appeal.

The administrative law judge will take into consideration the evidence presented at the hearing and notify you by mail of their decision.

Appeals Council

If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council.

The Appeals Council looks at all requests for review, but it may deny a request if it believes the administrative law judge’s hearing decision was correct. If the council decides to review your case, it will either decide your case itself or return it to the judge for further review. You will receive either a copy of the Appeals Council’s decision or order sending it back to an administrative law judge.

Federal Court

If you disagree with the Appeals Council’s decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.

An experienced disability lawyer can guide you through the appeals process and offer advice on the process that is involved in appealing a decision by the Social Security Administration. A claimant with an attorney or advocate will get a better understanding of the Social Security System and their own claim through the advice of an attorney.

Anyone who has filed a claim for Social Security disability benefits should seriously consider the advantages of having an attorney to represent them in the case.

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Welcome to the Disability Benefits Blog!

Monday, September 21st, 2009

We created this site to provide information and assistance to those who need help getting the disability benefits they are entitled to. Many people who have become disabled are eligible for Social Security disability benefits, but sometimes it can take up to a year to work through the system in place at the Social Security Administration to get those disability payments.

This site will provide you with valuable information about the Social Security disabilty benefits application and appeals processes. We can also connect you with a qualified advocate or attorney who can help you fight for your benefits.

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