Social Security Disability Benefits/SupplementalSecurity Income Benefits:
If you have a physical or mental problem that will not allow you to work and Social Security has denied you, call us for assistance. We will help you find your way through the Social Security appeal process. “Disability” under the Social Security Regulations basically means “the inability to work (perform substantial gainful activity) for twelve months or longer because of a mental or physical problem”. You may be entitled to monthly disability benefits if you have such a problem, called an “impairment”. A physical problem is any problem that can be found with medical examinations and medical testing (i.e. x-rays, CT scans, MRI, blood tests, etc.). A mental problem is a problem that can be found through examinations by a psychologist and /or a psychiatrist. This “inability to work” must be supported by medical evidence. Medical evidence can be provided by a doctor, psychiatrist, psychologist, hospital, or other such sources. Medical evidence can usually not be provided by a chiropractors, nurses, social workers, etc.
Social Security has several disability programs that allow for monthly payments:
1. The disability insurance program: If you are an adult, have worked five years during the last ten years and are disabled, you may be eligible for monthly benefits.
2. The SSI Program. If you are disabled under age 65 and have not worked in the past five years or ever, you still may be eligible for monthly benefits. Income and resource guidelines are applied.
3. The widow or widower’s disability program: If you are a widow or widower, are between 50 and 60 and disabled, you may be entitled to monthly benefits.
4. The disabled child program: If you are a child and disabled, you may be eligible for monthly benefits.
Steps in Social Security Claim Process:
1. Initial Application
This is the initial step in filing a disability claim. You are asked to provide information about your medical condition, you are also asked to provide information about any work you have done in the past 15 years.
- Request for Reconsideration
If you are denied at the initial application, you have the right to request a review of your case. This is called a reconsideration. You can submit additional information such as medical records
3. Request for Hearing
If you are denied at the reconsideration, you can appeal that decision and request a hearing before an Administrative Law Judge. Again you can submit additional information to be considered in your case.
- Hearing
At the hearing you can present your case to an Administrative Law Judge. This Judge will make a new decision in your case based on the medical evidence and your testimony. You can also bring a witness to provide information about your condition and as before, you can submit additional information to the Judge to be reviewed.
- Request for Review of Administrative Law Judge’s Decision
If a case is denied by the Administrative Law Judge, an appeal can be filed with the Appeals Council in Falls Church,
6. United States District Court
If a case is denied by the Appeals Council a “Request for Judicial Review can be filed with the United States District Court” for your area.
7. 10th Circuit Court of Appeals (if denied at USDC)
A denial of a case by the United States District Court can be appealed to the 10th Circuit Court of Appeals.
8. Supreme Court
In very few cases a Social Security case may be appealed to the United States Supreme Court.
NOTE: All appeals filed after receipt of a denial must be filed within 60 days of the date of the denial.
Sequential Evaluation:
To find out whether you are disabled or not, Social Security uses a “sequential evaluation” a step by step evaluation to determine whether a person is disabled. Step 1: Is the person currently working (engaged in substantial gainful activity – that is working in a job for pay that is considered significant under SSA Regulations)? If yes, the person will be found not disabled. If no > Step 2: Does the person have a severe impairment (a severe impairment is any impairment that effects your ability to perform the basic physical and/or mental functions of work)? If no, the person will be found not disabled. If yes > Step 3: Does the impairment meet or equal a listed impairment (a listed impairment is an impairment that has the same signs and symptoms as described in Social Security, Regulations OR if not the same signs and symptoms the impairment or impairments have the same medical significance)? If yes, the person will be found disabled, if no – the RFC (residual functional capacity or what a person can still do despite the impairment will be assessed and > Step 4: Does the impairment prevent the person from performing past relevant work (work the person has performed in the past 15 years)? If no, the person will be found not disabled, if yes > Step 5: Is there other work the person can perform despite the impairment (i.e. jobs that do not require as much physical exertion (standing, walking, lifting, carrying, pushing, pulling, squatting, crawling, etc.), jobs that require less stress, jobs that require less contact with the public, etc.) If yes, the person will be found not disabled, if no, the person will be found disabled.
The Age of Electronics:
Each year the Social Security Administration requests abut 15 million medical and other records on behalf of claimants filing for disability. Social Security has therefore developed an easy-to-use website called ERE (Electronic Record Express). Medical records and other records are scanned directly into a claimant’s file and a disk is created by Social Security that contains all the information that was usually put into a paper file. This disk is later provided to the claimant and to the representative, if one is appointed.
The disk will contain the application, all appeals filed, all correspondence, all documents filled out by claimants and finally all of the medical evidence. Any and all information can also be submitted by facsimile and will be scanned into the file by Social Security. Very few “paper files” remain.
Contact us today using the form on your left at the top of the page or by calling us toll-free at 1-888-GAR-RETT (1-888-427-7388) for a FREE case review or to have your legal questions answered.