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Archive for September, 2005
Tuesday, September 6th, 2005
I bet you are wondering how the Social Security Administration (SSA) makes there decisions. What sources provide the authority for supporting the administration’s determination of disability in the several SSDI and SSI cases they decide each year? There are several areas of guidance the social security administration (SSA) consults. If you have a basic understanding of the type of information available to the social security administration (SSA), the relative weight each source carries, where you can find this information, and the frequency of use by the social security administration (SSA), you will be ahead of the majority of claimants that file for disability each year.
The Social Security Administration (SSA) and the administrative law judge (ALJ), where applicable, utilize the following sources of information. They are listed generally in order of importance, starting with the most important:
1. Social Security Regulations (20 C.F.R. chapters 400-499);
2. Social Security Rulings. These are published by the social security administration (SSA) and can be found at the administration’s website;
3. Certain social security manuals including Program Operations Manual System (POMS) and Hearings, Appeals, Litigation and Law Manual (HALLEX);
4. Other sources such as a medical dictionary, medical textbooks, and a vocational dictionary called DOT;
5. Acquiescence Rulings which deal with federal court cases found at the administration’s website; and
6. Federal Court decisions.
Note that while easier said than done, going through all of the information listed above and understanding that information is a difficult job. Many of the material found above is complex, dry, and requires time that many SSDI and SSI claimants cannot afford to give up. It is not necessary to understand the information listed above in order to successfully win your case. That job is reserved for your social security disability attorney. This list is not here as a homework assignment to you in order to file your claim. Many SSDI and SSI claimant who are successful could not begin to tell you anything found in this list of sources. The list above is here merely to give you an idea of the sources the social security administration (SSA) goes to for guidance. Their decisions are not random. For the most part, they conform to the information found in the list mentioned above. If you have any questions you should of course consult a social security disability attorney or talk with your local social security field office.
Posted in Social Security Disability | No Comments »
Thursday, September 1st, 2005
If you have done even a little bit of investigation in regard to social security disability, you have probably come across these two acronyms. SSI stand for Supplemental Security Income and SSDI stands for Social Security Disability Insurance. So what is the difference between SSDI and SSI? Well hopefully this post will give you a workable understanding on the difference between these two programs.
Social Security Disability Insurance (SSDI) claims are authorized under Title II of the Social Security Act. There are several requirements in order to qualify for SSDI: both recent and amount of contribution, residency, and disability status. SSDI is a program aimed at workers who have contributed or paid into the social security trust fund. A claimant makes these payments through the Social Security tax on their earnings. SSDI acts very similar to a common insurance plan. Along with making payments into the trust, a SSDI claimant must also have contributed recently enough to qualify. In order to meet this requirement a claimant must have the necessary “quarters of coverage” to qualify. For an in-depth analysis of quarters of coverage see future posts. A claimant must also meet the social security administration’s (SSA) definition of disabled and meet the residency or citizenship requirement. If you qualify for SSDI you may be entitled to retroactive benefits based on your disability onset date. There is a five month waiting period from the onset date of your disability under SSDI. You will not be paid any benefits until five full months have elapsed.
Supplemental Security Income (SSI) claims are authorized under Title XVI of the Social Security Act. In order to qualify for SSI a claimant must be disabled. The definition of disabled that is used for SSDI is also used for SSI. The claimant must meet the residency or citizenship requirements, or fall within one of the many exceptions. And finally, a SSI claimant must not exceed the asset and income levels of the program. There are no retroactive payments available under the SSI program. Unlike SSDI there is a short waiting period to the first of the next month after all application requirements are met.
A claimant can meet both SSDI and SSI programs without even applying for both. When a claimant files an application with the social security administration (SSA), they will take your application and see if you meet both of the requirements of these programs. So one application is sufficient. What this also means, if you file an application for SSI and you are denied, you do not have to file another application for SSDI.
This post was written to merely give you an idea of the major differences between the two programs. There are more differences between SSDI and SSI, but the major ones are mentioned above. More information will come in the future. If you have any questions regarding the specific elements of the requirements of each program you can consult the internet, your local social security administration field office, or you can contact a qualified social security disability attorney.
Posted in Social Security Disability | 5 Comments »
Thursday, September 1st, 2005
If you have made it this far, then one more step in the ladder will not be too bad. While there is only one more step in the sequential evaluation process, this process is the most complex, difficult and time consuming step.
The fifth and final step involves an in-depth analysis of other work you could do despite your disability. That sounds easy, but the social security administration makes this process tough. You must prove that you are unable to do other work that exists in a significant amount of numbers in the national community. The administration will make this determination by comparing the amount of jobs available while considering your age, work experience and your education. With the exception of your age, the more work experience and education you have the more difficult the task.
In order to make this determination the social security administration has developed the Medical Vocational Guidelines, commonly called the “grids”. Just know that there is some guideline for this process. The administration is not merely making arbitrary decisions. The Medical Vocational Guidelines will be reserved for further discussion in the future. It is complex and difficult to understand. The grids involves the analysis of several factors including, but not limited to age, education, the type of skilled work involved, transferable skills (which is a topic on its own), etc. The grids application to a particular set of facts is hard to understand. I cannot stress this fact enough, an attorney will make the process easier on you, will make the process run smoother, and much more efficient.
We have finally made it to the end of our discussion of the sequential evaluation process. If you are currently going through the process, you will be able to relate to how difficult this process is for claimants. If you are planning on filing a claim, hopefully this discussion will give you an idea of the task ahead. Do not underestimate the burden you have in proving your case to the social security administration. It is difficult. Good luck with your case. If you are going through the process without the assistance of counsel be prepared to put in the time and effort this process demands. If you are represented by an experienced attorney, rest assured that you have made a good decision in putting your case in the hands of a qualified social security disability attorney. Your decision to have an attorney will save you time and many headaches throughout this enduring process.
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Thursday, September 1st, 2005
Well, if you have made it through the first three steps of the process you are in good shape. The best case scenario is to meet the listing, but if your disability did not meet the listing, at step three, you will move to the fourth step. As mentioned earlier, the vast majority of claimants do not meet the listing, so the crux of those cases fall squarely on the last two steps of the sequential evaluation process. The social security administration will deal with these two steps in the common case.
The fourth step of the process involves an analysis of the claimant’s ability to take part in past relevant work. In order to overcome this step you must prove that you are unable to perform any work that you have done within the past 15 years. This sounds very tough to prove, but many of a claimant’s past jobs will not be included in the analysis, because only those jobs that met the substantial gainful activity definition qualify. So for example, if a claimant had a job for 6 years in the past 15 years that was below the substantial gainful activity, this job would not be included.
After pinpointing all the jobs a claimant did in the past 15 years, the claimant must then determine the easiest job of the many jobs in the past 15 years. The claimant must prove to the social security administration they can no longer do the easiest job as this job is ordinarily done. If you fail to prove this, the administration will not find you disabled. You can probably imagine the amount of work and evidence needed to prove you are unable to do your easiest job. It is a very difficult hurdle to overcome by yourself. Social security disability attorneys deal with this situation all the time. That is probably one of the reasons why attorney success rates are so much higher than a claimants going at it on their own. Having an attorney to assist you at this level of the process is worth it. Gathering relevant data from prior cases based on their experience, and collecting information from doctors and hospitals is a lofty task that you should not bear alone.
One more step in the process and you will have a complete glimpse in the analysis involved in a typical social security disability case. The sequential evaluation process is merely one part of a disability case. Beware, for there are much more complex areas of the law. If you are feeling overwhelmed with the task ahead do not get discouraged. Remember, thousands of people receive disability benefits each year. It is not impossible, especially when you have an attorney doing the leg work for your case.
Stay tuned for the last step in the sequential evaluation process.
Posted in Social Security Disability | No Comments »
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