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Archive for August, 2005
Wednesday, August 31st, 2005
Step three of the sequential evaluation process is quite easy to explain and easy to apply, but very difficult to meet. The third step involves the Listing of impairments. This is commonly called the “listing” in social security circles. The listing of impairments is exactly what it says. It is a list of medically determinable impairments that if met, qualify for disability according to the social security administration. Sounds easy enough. If your disability or impairment is on the list or your symptoms, medical signs and findings are medically equal to an impairment on the list, then you are disabled and therefore will receive disability benefits. If you are able to meet the listing then your sequential evaluation inquiry goes no further. You are disabled and you do not have to meet steps four and five. In order to meet the listing there must be an opinion from a medical expert hired by the social security administration. While this process sounds easy to meet it is very difficult to qualify under the listing due to the severity of the requisite elements found in the listing.
The good news for those of you who meet the listing is that the process is a lot quicker and often you will not need the advice and service of a qualified social security disability attorney. Many claimants’ applications will be approved if they meet the listing. However the bad news lies in how rare claimants meet the listing of impairments. Claimants generally do not have a disability that is severe enough to meet the listing of impairments. If you do not meet the listing you should contact an experienced social security disability attorney. Your case is not all lost if you do not meet the listing, but your chances improve dramatically with an attorney on your side.
If you do not meet the listing of impairments there is still hope for your claim. If you do not meet the listing you will proceed to the next step of the sequential evaluation process to see if you are qualified for disability benefits.
The next step will be here before you know it. Stay tuned.
Posted in Social Security Disability | No Comments »
Thursday, August 25th, 2005
The next step in the sequential evaluation process is for the Social Security Administration to determine if the claimant’s impairments are severe enough to meet the Social Security Administration’s guidelines. The word severe may seem like a daunting hurdle to overcome, but do not be discouraged. The Administration used the word severe to rule out those cases that either had no physical or mental impairment or merely slight physical or mental impairments. Severe according to the Administration would include almost any reduction in what the claimant is able to perform despite that claimant’s disability or impairment.
The Social Security Administration is required to take a liberal view of the definition of severe. In the past, claimants have met this hurdle by combining several nonsevere impairments to meet the definition of severe. In addition, several claimants have met this hurdle by linking symptoms they may have such as pain, stress etc, to a medically determined impairment. In certain situations this would also meet the definition of severe. However note, just because a claimant complains of pain and other various symptoms does not necessarily qualify as severe. The symptoms must be supported by medical documentation. In other words, the symptoms complained of by the claimant must normally and usually directly follow the disability for which the claimant is before the ALJ.
While the duration requirement, the 12 month period, is not part of the sequential evaluation process it is wise to briefly mention this requirement here. It can reasonably be implied that the administration requires the severity to last throughout the duration of the 12 month period. In other words, the impairment must be continuously severe to meet the second step of this process.
Stay tuned for the third installment of our discussion of the sequential evaluation process.
Posted in Social Security Disability | No Comments »
Wednesday, August 24th, 2005
The Sequential Evaluation Process is one of the most important aspects in a typical social security disability case. So important that we decided to break our blogs up into a five part series. Why five parts, well because the sequential evaluation process contains five steps. Our first blog will give you a brief statement in regard to the process in general and will describe the first step in the sequential evaluation process.
In short, the sequential evaluation process is the methodology used by the social security administration to arrive at the 1 million dollar question; is this claimant disabled? This process is not difficult to understand and can give you a good idea to determine if you are in fact disabled, however it is quite difficult to predict how the social security administration will examine this process in light of the facts and circumstances of your case. Nobody can predict with certainty the social security administration’s final determination, but an experienced social security disability attorney is one of the best places to start.
The sequential evaluation process behaves exactly as its name indicates. It is sequential. You have to meet each and every step along the ladder in order to receive benefits. If you fail at any level, even the very last step, you are not disabled according to the social security administration. But do not get discouraged many cases are denied through this process and if you have been denied, we encourage you to seek the advice of an attorney.
The first step of the process is the substantial gainful activity level (SGA). The SGA examines your past work history. This first step can be broken down into two categories. Your past work cannot be substantial and it cannot be gainful. Substantial work activity is the claimant doing significant physical or mental work activity. You cannot exceed substantial work. Gainful activity refers to the amount of earnings you have made in the past. Your earnings cannot be above the gainful activity level. To give you an idea, for 2004 the gainful activity level was $810 per month. $810 was the ceiling for gainful activity in 2004.
This is the first step. There is some grey area and there is some black and white issues presented in this first step. For example what is significant physical or mental work? These types of issues are presented quite often in a typical social security disability case and are very difficult to predict which side of the fence the social security administration will fall. These grey areas are where a qualified attorney is invaluable.
Stay tuned for the rest of the sequential evaluation process.
Posted in Social Security Disability | No Comments »
Wednesday, August 17th, 2005
This flow chart is designed to give you a rough idea of the process of how your social security disability claim will proceed. This will not exactly be the way your case proceeds, because all cases are different and certain circumstances are and are not present in every case. But in general here is how a social security disability case will proceed.
- Claimant files their case with the Social Security Administration;
- The local Social Security Administration field office will decide if a claimant meets the legal eligibility requirements for SSDI or SSI;
- If the local SSA field office determines the claimant meets the eligibility requirements, the case is transferred to the Disability Determination Services office, where a medical examiner will review the case;
- The medical examiner will determine the severity of the disability or whether it meets the SSA listing. If the medical examiner determines in favor of the claimant then the claim for disability will be approved. If the claimant is a child and does not meet the listing the claim is denied;
- If the disability does not meet the listing then the examiner will rate the claimant’s residual functional capacity to work;
- If the claimant can do prior or other work, the claim is denied. If the claimant cannot do other work the claim is approved;
- The claimant can request a reconsideration if denied at this point to have the case reviewed by a different medical examiner;
- If again denied, the claimant may appeal before an administrative law judge who will determine if the claimant is disabled;
- If again denied, the claimant can appeal the ALJ ruling to the SSA Appeals Council;
- If again denied, the claimant can appeal to federal district court.
It is not uncommon for a case to go completely through the appeals process. Individuals who try to tackle the social security administration alone often find their cases denied. Individuals who have attorneys representing them through the process succeed much more often and quicker. The statistics speak for themselves. Claimants with an attorney win more often and do little to no work in recovering benefits than claimants filing their cases without an attorney.
Posted in Social Security Disability | No Comments »
Monday, August 15th, 2005
Once an individual files a case with the Social Security administration and is subsequently approved or awarded benefits, the next question is how much will the payments be and how far back will the payments reach?
There is no clear cut answer as to how much an individual will receive. The reason being, every case is different. It depends on how long you have worked in the past and how much you have earned. In regard to widower benefits, the same formula is used as applied to the deceased husband or wife. A child’s benefits are determined by the parent’s past work history. Speaking to an attorney can give you a more specific answer when presented with all the facts of your case. It is good to know how much money you are possibly going to receive before going through with a social security disability case on your own. While there is a base amount an individual will receive subtracted by other sources of income, the determination is fact intensive.
Once an individual is determined disabled how far back will the payments reach? Disability benefits cannot be paid more than one year prior to the date of the respective disability claim. As well as benefits will not begin until five months have elapsed from the claimant becoming disabled. A disabled child is not restricted by the five month waiting period after becoming disabled, but a disabled adult child may not receive benefits more than six months prior to the date of the claim.
Posted in Social Security Disability | No Comments »
Friday, August 12th, 2005
The Social Security Administration has strict guidelines to determine who is disabled and therefore qualified to receive payments. While there are indications that help us determine which way the Social Security Administration is going to lean, there is no guarantee. Unless you have some major disability, the determination of disability is often a guessing game. A qualified social security disability attorney can provide insight into how the administration is likely to rule on your case.
Ultimately the decision to file rests with the individual claimant. Since there is no guarantees when filing your case, the best thing you can do is make your decision to file based on how you feel, your belief regarding your ability to return to work, opinions of a trusted doctor, attorney, and friends and family. If you truly believe you disability is major enough to prevent you from continuing previous work or some type of comparable work then you should probably look into filing for social security disability. If your case after being filed has been denied, you should seek the advice of an experienced attorney on your chances of successfully appealing the social security administration’s ruling.
It almost is irrelevant to look at the disability you have as a factor or basis in your decision to file for social security disability. While some diseases and disabilities on their face may qualify, the ultimate question comes down to “how sick is this individual, and how long is this disease or illness likely to continue in the future?” If you can answer this question along with the advice of a social security disability attorney you should be well on your way in determining the likelihood of the social security administration granting relief based on your circumstances.
Posted in Social Security Disability | 1 Comment »
Thursday, August 11th, 2005
Do I need an attorney to file for disability?
You do not necessarily need an attorney to take care of your social security disability case. An individual claimant may file for disability on their own. There is however some things that only an attorney can do in regard to a social security case. While an attorney is not required, an attorney representing your claim is highly recommended.
If you need to find an attorney, look at these: Chicago Social Security, Atlanta Disability, or for more general information, look at Disability.
The Social Security Administration, just like any other governmental agency is filled with specific rules and regulations that must be followed regardless of a claimant’s knowledge. The Social Security Administration’s rules for evaluating an individual’s disability and their past and current work ability are complex. Dealing with the Social Security Administration on your own can lead to headaches and loss of your time and effort. Having an experienced attorney on your side takes the guess work out of the rules and regulations of the administration.
One of the most difficult areas involved in a typical social security disability case is the analysis of medical records. These medical records are difficult to understand and even more difficult to determine how your medical records will advance or debilitate your case. An attorney can take the information from your medical records and extract that information that will be necessary to start receiving benefits from the government.
Notwithstanding these two areas, the numbers speak for themselves. Claimants represented by a qualified social security disability attorney win much more often than a claimant without an attorney.
Posted in Social Security Disability | 2 Comments »
Tuesday, August 9th, 2005
Social Security Disability is a program run by the Social Security Administration under the authority vested in the administration by the Federal government.
The program is designed to pay monthly benefits to people who have suffered from emotional or physical injury and who are unable to continue working or are greatly limited in the amount and type of work they can perform. In order to qualify, an individual’s disability must be quite severe. A claimant is considered disabled if they cannot do any work because of their mental or physical condition. In addition, the disability must be expected to last for one year or more or expected to result in death.
Along with the requirement of the length of the disability, a potential claimant must also meet the work requirement. A claimant must have worked long enough under Social Security. The time required depends on your age and the time you begin suffering from your disability. While it is possible to determine if you qualify it can get tricky. A claimant can contact their local Social Security field office, but that can be time consuming. Consulting with a social security disability attorney will also give you a certain answer as far as your eligibility is concerned.
Children under age 18, children over 18 that suffer from a disability and a spouse over the age of 62 may also receive disability payments on behalf of the individual filing the claim with the Social Security Administration.
You can find more information on the following:
Disability
Social Security
Social Security Disability
Posted in Social Security Disability | 1 Comment »
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