How SSA Determines your Disability?

As the most basic requirement for you to qualify for Social Security disability benefits, obviously, you have to be disabled.

And to be considered disabled, your condition should meet the definition set by the Social Security Administration (SSA).

Under the SSA, you can be considered disabled if you have a mental or physical impairment that is expected to last more than 12 months and you can no longer perform substantial gainful activity or SGA.

That is still a vague definition, so let’s try to find out how do the SSA really determine if a person is qualified medically or not.

Impairment Listing Manual

The SSA or more specifically the Disability Determination Services (DDS) has a manual that contains a list of certain medical problems that can be considered as disabilities.

Aside from the listed medical conditions, the Impairment listings manual also contain the approval criteria or qualification for all impairment in the list.

This way the examiner can examine your claim and the attached medical records against the criteria in the manual to determine if you qualify.

If your disability meets the requirement in the manual it is somewhat easier to get approved fro the benefit.

You just have to prove that you have enough credits and that it prevents your from performing SGA.

Medical Vocational Allowance 

Of course, not all disabilities are listed in the impairment listings manual and in fact, most claims have impairments that are not in the manual. 

As a result, a different process is used to determine your disability.

The first step is to determine your Residual Functional Capacity or RFC.

This will test your exertional limits and determine if you are capable only of sedentary work, light work or medium work.

After they find your RFC, the second step will be testing if you are capable of performing your previous job.

So if you are only capable of light work and your previous work is considered medium work then you can proceed to the third step. 

The third step will now determine if you are able to perform other work.

If you are only capable of light work, then the examiner will determine if you are capable of performing other forms of light work where your skill can be transferred.

If the examiner determines that you are capable of doing other work you will be denied social security benefits.

If the examiner determines that you are “not” capable of doing other work you will be approved provided you have enough work credits.

How to find a social security disability attorney in LA

If you have been injured in a vehicular accident and your medical condition prevents you from resuming work, you may need financial assistance from Social Security.

Social Security Disability Insurance (SSDI) benefits entitle you to receive monthly allowance when your illness or disability has been for 12 months and is expected to be long term. Insured members can file SSDI claim and submit SSDI application requirements.

Preparing and meeting SSDI requirements is not that simple. Consulting with and hiring a Social Security Disability lawyer can help prevent a denied claim. If you can produce and submit the correct documents, there is a higher chance for you to obtain your deserved benefits.

A Social Security Disability lawyer can give an initial assessment of your disability claim; he/she can tell you right away the chances for winning your claim. Your lawyer can help you obtain the correct medical requirements and gather significant expert witness testimonies. These are crucial actions in securing your chance for winning the claim.

However, finding and hiring a good Social Security Disability lawyer is an equally important step in your claim. Here are some tips on where you can locate a good Social Security Disability attorney in California:

1. Ask health interest organizations in your community on their trusted lawyers in the field. Obtain recommendations and listen to feedback of their former clients. Write down the advantages and disadvantages of hiring a prospective lawyer and rate such attributes according to your preferred values.

For example, you may prefer a lawyer who is prompt in meeting deadlines and has proven expertise in the field. His/her good communication skills may appear as important to you.

2. Search in law firm directories in the internet. Specify Social Security Disability lawyer, including your location. Browse through several lawyers and narrow down your search according to your preferred qualifications. You may type basic information regarding your case in the free case analysis. You may call and obtain an initial assessment of your disability claim.

3. Ask family members, relatives, or friends who have filed a Social Security Disability claim. Listen to their feedback and verify the information by setting a personal meeting with the lawyer. You may conduct a background check and assess how the lawyer’s professional values coincide with yours.

It will be best to seek a lawyer whose expertise, knowledge, and professional conduct has been proven for years. Search for a lawyer who specializes in Social Security Disability Insurance claim in Los Angeles to provide you with an effective litigation service.

Disabled Employee Requirements for SSD Benefits

If you are an employee who is disabled or someone afflicted with a serious medical condition, you can be eligible to receive disability benefits under the Social Security Disability Insurance. SSD is a federal government benefit program available to people, especially employees who are unable to work due to their disability.

Applying

You can apply for SSD benefits through the Social Security Administration’s online benefit application, through phone, mail or in person by going to the nearest Social Security office. Arrange for an appointment if you prefer to go to the office in person by calling the SSA national toll-free service. It is not required to do so, but it can minimize your waiting time in the office.

Social Security Disability requirements 

Prepare the following documents in order to make the application process as smooth as possible. These will determine whether you are eligible for benefits or not.

• Birth certificate or other proof of birth
• Naturalization papers
• US military discharge papers

And since you are applying for disability benefits, some forms from the SSA should also be filled out and submitted, which include but are not limited to the following:

• SSA-199: Vocational Rehabilitation Provider Claim
• SSA-3368: Disability Report Adult
• SSA-3369: Work History Report
• SSA-3373: Function Report-Adult
• SSA-3381: Medical and Job Worksheet Adult
• SSA-546: Worker's Compensation/Public Disability Questionnaire
• SSA-820/821: Work Activity Report
• SSA-827: Authorization to Disclose Information to the SSA
• W-2 forms or self-employment tax returns for the previous year

Copies of the W-2 forms, self-employment tax returns, and medical records to be submitted can be photocopies. As for most of the documents, especially birth certificate, original copies must be presented.

Questions

These are some of the questions that will be asked to you, even if some of them have been indicated on the documents you submitted. Your answers can help the Disability Determination Service know whether you are approved or denied of benefits.

• Name (including name at birth), gender, and SS number
• Date and place of birth
• Citizenship status
• A public or religious record of your birth before five years old
• Your civil status, and your spouse’s name, date of birth, age, and SS number, if applicable
•  Name, date of birth, age, and SS number of any former spouses
• Date and place of the marriages, and the official date of separation/ divorce
• Names of children
• Names of employers, or information about your self-employment and the amount of earnings for previous and current year
• Date of when you became unable to work

Top four reasons why you are denied of Social Security Disability benefits

Social Security Disability insurance (SSDI) aims to provide financial assistance to individuals who can no longer work due to a lingering medical or physical condition. Social Security Administration (SSA) defines disability as an impairment that hinders one or more basic life functions.

Social Security disability benefit insurance also serves as an alternative to Social Security retirement benefit. When a worker can no longer reach the full retirement age due to illness or disability, SSDI serves as an equivalent financial aid.

However, not all SSDI claims are approved. Most claimants are denied at the initial stages of their claims.

There are reasons why SSA rejects such claims. These include the following:

1. The claimant exceeds the Substantial Gainful Activity (SGA) limit. If you are still earning beyond $1000 a month for the year 2010, you do not qualify for SSDI. If you have declared such an amount, you have also said that you have earning capacity to sustain yourself. SSA only approves claims that show impairment as the cause of inability to perform alternative job.

You can file reconsideration and clarify how your impairment limits your ability to resume working. You can also file an appeal to assert your legal rights.

2. There are inconsistencies in your Work History Report. If the SSA has called your former employer and saw discrepancies on what you have written, that’s the reason for your denial letter.

Include in your reconsideration letter further clarifications on your Work History Report.

3. You fail to follow the prescribed medical treatment of your physician.  If you have failed to undergo prescribed physical therapy, further surgery, or medical treatment; the SSA will reject your claim.

You can write in the reconsideration letter/ appeal your valid reasons for not undergoing such medical treatment. Valid reasons include:

• You have insufficient financial resources to pay for the medical treatment
• You have a psychological illness that hinder you from undergoing such surgery
• Your religious belief contradicts such type of surgery or physical therapy

4. You fail to cooperate with the Social Security Administration personnel. The SSA might have been contacting you concerning your claim, yet you have moved to another residence.

Include in your letter the reasons why you have failed to communicate with your disability determiner.

You may hire a Social Security Disability lawyer in Los Angeles to help you clarify facts in your documents and submit additional medical records to substantiate your appeal.

Qualities of an Expert Social Security Disability Attorney

Once you get denied with your social security benefits, you have the option to file an appeal with the Social Security Administration (SSA).

However it is recommended that you get the services of a Social Security disability attorney to increase your chances of getting approved.

An expert disability lawyer can help you by:

• Review and analyze your case according to the requirements of SSA
• Gathering more vocational and medical evidence
• Get the cooperation of your doctor
• Represent you in a disability hearing
• Prepare you for your testimonies
• Object to unfair procedures and evidence
• Cross examine witnesses to get favorable response
• Properly calculate your benefits

But before you pick the next disability attorney you encounter, make sure that they have your best interest in their mind.

You should carefully research the disability attorneys you are considering before making a decision.

To help you, here are some of the qualities you should look for:

Experience

Your disability appeal or hearing can spell the difference between having income while trying to recover from your impairment and having to consume your life savings just to get by.

That is why this is not the time to entrust your claim with a rookie lawyer.

Your disability attorney should be experienced in handling hundreds of Social Security disability benefits either by preparing a claim for reconsideration or representing their clients in Social Security disability hearings.

Experience in handling impairments similar to your own

Certain impairments are automatically considered a disability by SSA and are much easier to prove.

If you got denied, chances are your impairment is not on the list and additional evidence is needed to get your claim approved.

You want a disability attorney who has successfully handled claims involving similar impairments as your own so that there is a greater chance that they can get the same results for you.

A lawyer that is willing to represent you in a hearing

This might sound strange, but there are lawyers who do not want to go to the trouble of getting into a hearing and ask the Administrative Law Judge (ALJ) to make a decision based only on the written record.

This is legal but it can be a lost opportunity for you to strengthen your claim.

Price level does not reflect level of service

Although there is cap on the fees that can be charged to claimants by Social Security disability advocates, there is still some variation on how much each Social Security disability law firms charge.

But you should remember that higher priced lawyers do not always mean the best.

You should check for the abovementioned qualities first and you will find that the fees qualified attorneys charge is usually reasonable.

To know more, get a free consultation with a Social Security disability lawyer now.

What you need to know on social security retirement benefits

The recent economic problems that the country is experiencing today may affect even the social security benefits that claimants may receive, especially those who are retiring from employment and those with disability.

Only recently, the federal government has announced that no increase in the social security cost-of-living adjustment will be made for 2011. 

The Social Security Administration (SSA) has made efforts to strengthen its retirement program amidst the pressing economic condition. Senate officials have campaigned for the implementation of additional medical and health care benefits for the retiring baby boomers.

The Social Security retirement benefit program provides financial assistance for insured members who have reached the full retirement age. It gives monthly allowance plus other government-sponsored benefits.

Here are some frequently asked questions on filing an SS retirement benefit claim:

Q: Who can avail of SS retirement benefits?
A: Employees who have paid federal taxes and have gained at least 40 credits can apply for SS retirement benefits. This means that a worker born in 1929 or later will have to render an equivalent of at least ten years of work.

Employees who have not met the required number of credits and years of work can apply for Social Security Disability Insurance (SSDI) benefit program, if illness or impairment has compelled the individual to stop working. SSDI provides an equivalent amount of benefits as SS retirement program does. However, SSDI implements stringent rules in qualifying for SSDI program.

Q: How does the Social Security Administration determines the retirement age?
A: For individuals who are born in 1943-1954, the full retirement age is 66. Several months are added for years 1955-1959. Citizens, who are born in 1960 and later, have to comply with the full retirement age requirement of 67.

Q: What is the minimum age requirement for applying for SS retirement benefits?
A: You can choose to avail of SS retirement benefits as soon as you reach 62 years of age. However, the amount of benefit that you will receive is lower than your supposed full retirement benefit amount. Retiring at age 62 may reduce your benefits by 25 percent.


Q: How much will the SS retirement benefit be?
A: SS retirement benefit amount depends on the range of your earnings throughout your working years. If you have consistent higher earnings, you will receive higher SS retirement benefit amount. Months or years that you have not worked or paid your SS taxes, can reduce your SS benefit amount.

Consult with a Social Security lawyer in Los Angeles to help you file your SS retirement benefit claim.

Top 5 reasons why your Social Security Disability claim is denied

Receiving a denial notice on your Social Security Disability claim may be as painful as your current surgery. However, you don't have to give up easily on your SS Disability claim.

There are reasons why your claim is denied. Mostly, it is due to the claimant’s failure to meet Social Security Administration standards. It is not enough that you have completed the medical records; you need to submit the correct documents that SSA needs to substantiate your claim.

To ensure a winning claim on your second attempt, it is best to hire a Social Security Disability lawyer to help you analyze what went wrong and implement steps that will help you receive your deserved benefits in less time.

Here are some areas in your Social Security disability claim that needs further evaluation:

1. The facts written on your Substantial Gainful Activity (SGA) form. You might have written inconsistent reports on your day-to-day activities. Cooperate with your lawyer and write a letter stating the clarifications on your SGA form.

2. The facts written on your Work History Report. The statements you have written might have created an impression that you can still perform an alternative job. Include in your letter the clarification on your current physical and mental ability.

You may attach additional medical records to prove your statements. You can obtain a medical certificate from your attending physician, stating how your disability hinders you from resuming to work or performing alternative job.

3. Insufficient medical records. Your hospital might not have forwarded the requested medical records to SSA. You have failed to follow up the progress on such request and it led to the denial notice. Call the hospital or ask your family member to retrieve the needed medical records.

4. Your average monthly income. If you have written more than $940 of average monthly income, it is the reason for your denied SS disability claim. SGA limits earning capacity below $940.

5. Your disability will not last more than a year. SSA stipulates that the disability must be severe enough to last more than 12 months, or the medical condition may eventually lead to death.

You can file a reconsideration or appeal to have the SSA re-evaluate your SSD claim.
Complete the SSA-561-U2 (Request for Reconsideration) form or SSA-3441-BK (Disability Report -- Appeal) form. Attach the additional medical records and documents along with your formal letter.