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If you do not want to take the chance or invest the effort in the search engines, there are other methods. This site is a prime example of that. If you want to generate leads for your Social Security Disability practice (or other areas of law), you simply contact us by clicking on this link Lawyer internet marketing and we will show you ways to get results guarenteed.

Q.
Help!!! My daughter was finally approved for SSI. We waited 3 years. Now Social Security is telling me I have to get a “Dedicated Account” for her back pay and we cannot spend this money without Social Security’s permission. The lady at Social Security said this had to be a different account than the one her regular check goes in. Is this true?

A.
When a child under the age of 18 is eligible for past-due SSI benefits, those benefits must be deposited into a dedicated account. However, when the amount due does not exceed six times the federal benefit no dedicated account is required. No commingle of funds is allowed in the account. No other benefits can be deposited into this “dedicated account.” This would include monthly SSI benefits.

Money in a dedicated account must remain in the account until all funds are depleted or benefits are terminated. This is true even after a child reaches the age of 18.
All money in a dedicated account is restricted in how they can be spent. These funds must be used only for the benefit of the child and only for the following allowable expenses:
1. Medical treatment.
2. Education.
3. Job skills training.
4. If related to the child’s impairments; personal needs assistance; special equipment; housing modification; and therapy or rehabilitation.
5. Other items or services related to the child’s impairments that SSA finds appropriate.
“Dedicated account” funds cannot be used for basic maintenance cost (food, clothing, shelter, and personal items) not related to the child’s impairments.

Below are some examples of acceptable expenditures that can be used from the dedicated account
• Personal aids used to facilitate living and learning, such as assistive technology for communication and mobility or modified instructional materials.
• Special foods for children with special dietary needs.
• Special clothing, such as orthopedic shoes, or adult-sized pants with snap crotch for older incontinent children.
• Increased electrical bills from needed, frequently operated mechanical devices.
• Specialized daycare and therapeutic recreation such as special summer camps or Special Olympics.
• Food and veterinary care for a guide dog or other assistive animal.
• Repair of wall, carpets or furnishings that have been damaged or worn by a disabled child.
• Counseling, crisis intervention services, respite care, and therapeutic foster care, when not covered by health insurance or a public service program.
• Repayment of past debt, including self-reimbursement by a creditor payee for those items or services that were related to the child’s impairment and benefited the child.
• Household furnishings, appliances, and changes in utility services related to the child’s disability, such as air conditioning for an asthmatic child, a washing machine for an incontinent child, or installation and maintenance of a phone line to insure ready access to a needed service.
• Household renovations where the current conditions adversely affect the child’s health, such as insulating a home for a child with a respiratory or cardiovascular condition that is aggravated by extremes of cold or heat, or a separate bedroom for a child with emotional disabilities who requires a structured setting.
• Special play and recreational equipment related to the impairment.
• Computers and related accessories and software to promote learning, cognition, and other skills.
• Transportation expenses incurred in getting the child to training classes, therapy sessions, doctors’ appointments, etc. This includes bus or cab fare or, in some cases, the purchase of a vehicle.
It is recommended that all proposed expenditures from dedicated accounts be approved by Social Security before using the dedicated funds. Knowingly using dedicated account funds for expenditures not permitted or denied by Social Security will lead to a determination that there has been a “misapplication” of funds.
The payee will be personally responsible for “knowing” misapplication of funds. (With Social Security Administration’s increased debt collection powers this can be a serious problem that will not go away.)
If Social Security denies the proposed expenditure(s) you have the right to appeal.

Often claimants who have filed for SSDI benefits are told by the Social Security Claims Representative or receive a letter from Social Security in the mail informing them they do not have enough work credits to qualify for SSDI (Social Security Disability Insurance). Almost all state they have worked their whole life, up until a few years ago, when they became ill and could only work part time, or had to stop working, or worked sporadically and do not understand if they worked for a long period in the past why they are not eligible for SSDI.

Most Americans are unaware that in addition to meeting Social Security’s definition of disability you must have worked long enough –AND recently enough earning the required number of work credits within a certain period ending with the time you became disabled under Social Security to qualify for SSDI benefits.

Social Security measures work in “work credits.” You can earn up to 4 work credits per year based on the annual earnings. The amount of earnings required for a work credit increases each year as general wage levels rise.

The amount needed for a credit changes from year to year. In 2006, you earned one credit for each $970.00 of wages or self-employment income. When you’ve earned $3,880.00, you’ve earned your four credits for the year. In 2007, you will earn one credit for each $1000.00 of wages or self-employment income. When you’ve earned $4000.00, you’ve earned your four credits for the year.

The number of work credits you need for SSDI benefits varies depending on your age and when you became disabled.

Workers over the age of 31 years old generally need 20 work credits earned in the last 10 years ending with the year they became disabled.

Workers who became disabled between the age of 24 – 31 years of age may qualify if they worked half the time between the age 21 and the time they became disabled, for example, if a claimant became disabled at age 27, the claimant would need credit for 3 years work (12 work credits) out of the past 6 years (between ages 21 and 27).

Workers who became disabled before the age of 24 years old may qualify for SSDI benefits if they have the minimum of 6 work credits earned in the 3 year period ending when your disability starts.

Most individuals filing for disability do not know their DLI (date last insured), AOD (alleged onset date – the date you believe you became disabled), and SGA (substantial gainful activity) / SGI (substantial gainful income) and how the correlation between these factors effect eligibility for SSDI.
The amending of an onset date or applying SGA rules to a claim requires a seasoned veteran whose daily ritual includes cutting thru Social Security’s red tape and is one of the best reasons to retain an attorney who works with Social Security Disability claims at all levels including the initial stage.

Substantial gainful activity is work activity that is both substantial and gainful:

Substantial work activity.

Substantial work activity is work activity that involves doing significant physical or mental activities. Your work may be substantial even if it is done on a part-time basis or if you do less, get paid less, or have less responsibility than when you worked before.

Gainful work activity.

Gainful work activity is work activity that you do for pay or profit. Work activity is gainful if it is the kind of work usually done for pay or profit, whether or not a profit is realized.
Some other activities.
Generally, we do not consider activities like taking care of yourself, household tasks, hobbies, therapy, school attendance, club activities, or social programs to be substantial gainful activity.

To be eligible for disability benefits, a person must be unable to engage in substantial gainful activity (SGA). A person who is earning more than a certain monthly amount (net of impairment-related work expenses) is ordinarily considered to be engaging in SGA. The amount of monthly earnings considered as SGA depends on the nature of a person’s disability. The Social Security Act specifies a higher SGA amount for statutorily blind individuals; Federal regulations specify a lower SGA amount for non-blind individuals.

For non-blind individuals, the monthly SGA amount for 2007 is $900.
The monthly SGA amount for statutorily blind individuals for 2007 is $1,500.

Note: There are other more restrictive rules that apply for SSI.

Medically Determinable Impairment
A medically determinable physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques. A physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings-not only by the individual’s statement of symptoms.

To be found disabled, an individual must have a medically determinable “severe” physical or mental impairment or combination of impairments that meets the duration requirement. An impairment or combination of impairments is considered “severe” if it significantly limits an individual’s physical or mental abilities to do basic work activities; an impairment(s) that is “not severe” must be a slight abnormality (or a combination of slight abnormalities) that has no more than a minimal effect on the ability to do basic work activities.

The evaluation of a disability requires documentation of a medically determinable impairment(s), consideration of the degree of limitation such impairment(s) may impose on the individual’s ability to work, and consideration of whether these limitations have lasted or are expected to last for a continuous period of at least 12 months.

The actual duration of many impairments subject to improvement is directly related to the therapeutic regimen administered by the treating physician. An individual with a disabling impairment which is amenable to treatment that would be expected to restore the ability to work would meet the duration requirement if he or she is undergoing therapy prescribed by treatment sources, but disability, nevertheless, has lasted, or can be expected to last, for at least 12 continuous months.

A finding of a medically not severe impairment or combination of impairments is the conclusion that the individual’s ability to engage in SGA is not serious affected.

If the assessment shows the individual to have the physical and mental ability(ies) necessary to perform such activities, no evaluation of past work (or of age, education, work experience) is needed.

Rather, it is reasonable to conclude, based on the minimal impact of the impairment(s), that the individual is capable of engaging in SGA.

It must be determined whether medical evidence establishes an impairment or combination of impairments “of such severity” as to be the basis of a finding of inability to engage in any SGA.

An impairment or combination of impairments is found “not severe” and a finding of “not disabled” is made when medical evidence establishes only a slight abnormality or a combination of slight abnormalities which would have no more than a minimal effect on an individual’s ability to work even if the individual’s age, education, or work experience were specifically considered (i.e., the person’s impairment(s) has no more than a minimal effect on his or her physical or mental ability(ies) to perform basic work activities). Thus, even if an individual were of advanced age, had minimal education, and a limited work experience, an impairment found to be not severe would not prevent him or her from engaging in SGA.

TERMS

“Marked”

A standard for measuring the degree of limitation, it means more than moderate but less than extreme. A marked limitation may arise when several activities or functions are impaired, or even when only one is impaired, as long as the degree of limitation is such as to interfere seriously with your ability to function independently, appropriately, effectively, and on a sustained basis. “Marked” is not defined by a specific number of activities of daily living in which functioning is impaired, but by the nature and overall degree of interference with function. For example, if you do a wide range of activities of daily living, it may still find that you have a marked limitation in your daily activities if you have serious difficulty performing them without direct supervision, or in a suitable manner, or on a consistent, useful, routine basis, or without undue interruptions or distractions

Activities of Daily Living (ADLs)
include adaptive activities such as cleaning, shopping, cooking, taking public transportation, paying bills, maintaining a residence, caring appropriately for your grooming and hygiene, using telephones and directories, and using a post office. In the context of your overall situation, we assess the quality of these activities by their independence, appropriateness, effectiveness, and sustainability. SS will determine the extent to which you are capable of initiating and participating in activities independent of supervision or direction.

Social Functioning

Your capacity to interact independently, appropriately, effectively, and on a sustained basis with other individuals. Social functioning includes the ability to get along with others, such as family members, friends, neighbors, grocery clerks, landlords, or bus drivers. You may demonstrate impaired social functioning by, for example, a history of altercations, evictions, firings, fear of strangers, avoidance of interpersonal relationships, or social isolation. You may exhibit strength in social functioning by such things as your ability to initiate social contacts with others, communicate clearly with others, or interact and actively participate in group activities. SS will also consider cooperative behaviors, consideration for others, awareness of others’ feelings, and social maturity. Social functioning in work situations may involve interactions with the public, responding appropriately to persons in authority (e.g., supervisors), or cooperative behaviors involving coworkers.

Persistent

The longitudinal clinical record shows that, with few exceptions, the required finding(s) has been present, or is expected to be present, for a continuous period of at least 12 months, such that a pattern of continuing severity is established.

Recurrent

The longitudinal clinical record shows that, within a consecutive 12-month period, the finding(s) occurs at least three times, with intervening periods of improvement of sufficient duration that it is clear that separate events are involved.

Episodes of Decompensation

Exacerbations or temporary increases in symptoms or signs accompanied by a loss of adaptive functioning, Episodes of decompensation may be demonstrated by an exacerbation in symptoms or signs that would ordinarily require increased treatment or a less stressful situation (or a combination of the two). Episodes of decompensation may be inferred from medical records showing significant alteration in medication; or documentation of the need for a more structured psychological support system (e.g., hospitalizations, placement in a halfway house, or a highly structured and directing household); or other relevant information in the record about the existence, severity, and duration of the episode.

Repeated Episodes of Decompensation

Each of extended duration in these listings means three episodes within 1 year, or an average of once every 4 months, each lasting for at least 2 weeks. If you have experienced more frequent episodes of shorter duration or less frequent episodes of longer duration, SS must use judgment to determine if the duration and functional effects of the episodes are of equal severity and may be used to substitute for the listed finding in a determination of equivalence.

Appropriate Medically Acceptable Imaging

The technique used is the proper one to evaluate and diagnose the impairment and is commonly recognized as accurate for assessing the cited finding.

Uncontrolled

The impairment does not adequately respond to standard prescribed medical treatment

Effects of Treatment

With adequate treatment some individuals not only have their symptoms and signs ameliorated, but they also return to a level of function close to the level of function they had before they developed symptoms or signs of their disorders. Treatment may or may not assist in the achievement of a level of adaptation adequate to perform sustained SGA. Treatment may or may not assist in the achievement of a level of adaptation adequate to perform sustained SGA

What documentation does Social Security need?

Need for medical evidence:

One must establish the existence of a medically determinable impairment(s) of the required duration by medical evidence consisting of symptoms, signs, and laboratory findings (including psychological test findings). Symptoms are your own description of your physical or mental impairment(s
Sufficiently detailed reports of history, physical examinations, laboratory studies, and any prescribed treatment and response to allow us to assess the severity and duration of your cardiovascular impairment. A longitudinal clinical record covering a period of not less than 3 months of observations and treatment is usually necessary, unless we can make a determination or decision based on the current evidence

Why is a longitudinal clinical record important?

To assess the severity and expected duration of your impairment(s). If you have a listing-level impairment, you probably will have received medically prescribed treatment. Whenever there is evidence of such treatment, your longitudinal clinical record should include a description of the ongoing management and evaluation provided by your treating or other medical source. It should also include your response to this medical management, as well as information about the nature and severity of your impairment. The record will provide us with information on your functional status over an extended period of time and show whether your ability to function is improving, worsening, or unchanging.

When and Why Social Security puts cases on Medical Hold?

SS will put a case on Medical hold when they have information showing that your impairment is not yet stable and the expected change in your impairment might affect our determination or decision. In these situations, A Medical Hold is needed to properly evaluate the severity and duration of your impairment during a stable period. Examples of when a Medical Hold is used.

If you have had a recent acute event; for example, a myocardial infarction (heart attack).

If you have recently had a corrective procedure;

If you have started new drug therapy and your response to this treatment has not yet been established;

In these situations, SS will obtain more evidence 3 months following the event before SS evaluates your impairment. However, we will not wait if we have enough information to make a determination or decision based on all of the relevant evidence in your case.

SS will put a case on Medical Hold when they have information showing that your disability is not yet stable and the expected change in your disability might affect the determination or decision.

This is because the actual duration of many disabilites subject to improvement is directly related to the therapeutic regimen administered by the treating physician. An individual with a disability which is amenable to treatment that would be expected to restore the ability to work.

In these situations, A Medical Hold is needed to properly evaluate the severity and duration of your disability during a stable period. Examples of when a Medical Hold is used.

If you have had a recent acute event; for example, a myocardial infarction (heart attack).
If you have recently had a corrective procedure.
If you have started new drug therapy and your response to this treatment has not yet been established.

In these situations, SS will obtain more evidence 3 months following the event before SS evaluates your disability. However, SS will not wait if enough information to make a determination or decision based on all of the relevant evidence in your case is available. For more information on Medical Hold and other Social Security terms and definiitions visit www.socialsecurityhome.com/disabilityblog

Living life with a disability can be extremely difficult, confusing, and especially expensive. The costs involved with hospital visits and rehabilitation have sored with the increasing cost of health insurance, and with so much time being consumed by these activities many cannot commit the time to their job that is necessary to cover their expenses. In fact, many people within the state of Michigan who are disabled find themselves in such financial hardship that Social Security Disability is the only way out.

SSDI can be a very effective way for people living with a disability to regain their financial stability, however, whether you are an autoworker in in Detroit or a professor in Ann Arbor, you need to prepare yourself ahead of time. Social Security Disability can be very confusing and many who apply find themselves at a disadvantage because they are unfamiliar with what they are getting into. You should explore the resources available to you here on Social Security Home so that you do not become one of these people.

Additionally, you need to hire an experienced disability attorney in your area of Michigan. Do not rely on a union representative to guide you through the process. Many laws applicable to Social Security Disability have changed in the past few years, and you need to have an attorney who is familiar with these changes. For more information on what to look for in an attorney or to find a Michigan disability lawyer who can represent you, continue to take a look at Social Security Home.

Filing for Social Security Disability can be an extremely difficult process for someone who is unprepared for the obstacles that they will likely encounter. For instance, many are suprised by how time consuming the process can be when they attempt to seek benefits on their own. Stacks of confusing legal forms crowd their desks and when difficulties do arise, it can be frightening to someone whose financial wellbeing is on the line. What’s more, this reality is as applicable to residents of Colorado as any other part of the nation.

There is a simple remedy for this however, and it doesn’t have to be an expensive one. If you are considering filing for Social Security Disability in the state of Colorado, you should hire an attorney. An experienced lawyer will walk you through each step of the filing process and will ensure that each necessary document is filled out correctly.

For information on what to look for in a Colorado Disability attorney, continue to explore Social Security Home. From Denver to Colorado Springs to Telluride, there are many talented attorneys available to assist you.

Additionally, much of the confusion that you will encounter can be eased before and during the filing process simply by taking a look at the resources available to you free here at Social Security Home.