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.

Where to find a trustworthy lawyer for your Social Security disability claim

Receiving a denial notice for your Social Security disability claim is as painful as your sustained injuries. However, you don't have to lose hope. Such letter is just the beginning for the process of your claim.

There are reasons why your claim is denied, it can be the insufficient medical records, inconsistencies in the questionnaire forms, or failure to follow up your claim.

You can hire an experienced Social Security disability lawyer to help you clarify the facts in your application/Substantial Gainful Activity/ Work History Report. Your lawyer can file a reconsideration and appeal for your claim and assert the reasons why you deserve the disability benefits. You can submit additional medical records to substantiate your case.

But where can you find a reliable and trustworthy lawyer who can handle your case?

Getting an expert lawyer is easy, but finding a trustworthy lawyer is difficult. When looking for a lawyer you will have to verify the profile, the good moral character, the client feedback, personality and methodology in handling cases.

The success rate must correspond with the client feedback. You can run background check and interview former clients to verify if what the lawyer professes is true.

Here are some suggestions where you can find a good lawyer:

1. Personal referrals- Interview people in your community that have similar disability cases with you. Ask who their lawyers are and listen to their feedback. Ask for contact numbers and the specific law firm addresses. Note the positive and negative comments and make sure to write them down. Weigh the pros and cons and see if you can find a good match to your needs.

However, be careful on relying on client feedback alone. Try to have a personal interview with the lawyer. You can have a family member help you or come up with a family decision in choosing the right lawyer for your case.

2. Internet lawyer's directory- Technology has enabled to come up with a database for legal practitioners in each state. You can browse through the internet and search per category on your preferred lawyer profile and expertise.

3. Non profit organizations- Get in touch with organizations in your community or state. Search for a specific interest group that caters to people with disabilities.

4. State law librarian- You can ask your state law librarian on expert legal practitioners who have the highest success rate in litigating social security cases.

An efficient and trustworthy Social Security disability lawyer can increase your chances of winning an appeal claim.

Getting the Best Results in a Social Security Disability Appeal

Filing a social security disability claim is a difficult task, but making an appeal is considered even more difficult. Aside from thinking about the claim itself, you also need to consider the reason why it was not approved in the initial application. Given these circumstances you will definitely need a disability lawyer in Los Angeles to guide you in your appeal. Here are some of the things you need to do in order to have a successful social security disability appeal:

•    Review your disability status – In order to become an eligible recipient of social security disability benefits, your disability should be included in a list made by the Social Security Administration (SSA) for their claimants. You should also be unable to perform any substantial gainful activity (SGA) to become classified as disabled.

•    Check if there are enough medical documents to verify your condition – If you lack several documents, take time to gather, verify, and include them in your appeal. Your lawyer or legal representative can do these important tasks for you.

•    Provide new proof to become an eligible recipient of disability benefits – In a reconsideration or appeals process, there should always be fresh information. Otherwise, the reviewer may just dump your application again.

•    Submit the appeal promptly – You only have a certain amount of time to file the appeal. You will not be allowed to submit the appeal if you go beyond the deadline.

•    If the appeal fails, consider your options – Once your initial application is turned down, you will have four chances to make an appeal. The first one is a reconsideration, second is a hearing, third is with the Social Security Appeals Council and the last one is in federal court.


Always remember these things when you are filing an appeal for your disability application. If you need legal help, a disability attorney in Los Angeles can always represent you in hearings or meetings. His experience, knowledge, and skills would surely become essential factors in your claim and appeal.

Every disabled individual’s top priority should be to obtain disability benefits from the SSA. However, there are still other disability benefits that he can get such as the California State Disability Insurance (SDI) from the state department and Workers Compensation from his employer. While these two benefits do not offer as much as the SSA disability benefits do, they can still be valuable for individuals who need immediate financial assistance.

The 3 Most Important Requirements of SSDI

Having your Social Security Disability Claim approved can be more difficult than you think.

In fact, it is so difficult that 60-70 percent of all initial applications have been denied by the Social Security Administration (SSA).

The benefits are highly regulated so it will take more than perseverance and effort to get approved.

In fact, instead of working hard, you have to be working smart; and the smartest thing to do in these cases is to consult a Social Security disability Attorney to help you in your claim.

To help you understand, here are the three major requirements of Social Security Disability Insurance (SSDI) and how a disability lawyer can help you.

Social Security Credits

The first requirement that you need to make sure you meet is sufficient social security credits.

This refers to the social security taxes you and your employer has paid to SSA in your behalf.

The SSA sends out a Social Security Statement to all its members and it will indicate if you are qualified for SSDI and other types of SSA regulated benefits.

Your attorney can also determine if you qualify for the benefit through your current age and year when you sustained your disabling condition.

If you do not have enough credits, the attorney can point you to other options such as worker’s compensation and state disability insurance.

Disabling condition

The next requirement is proving that you have a long term disability.

To do that, you have to show that your disabling condition is expected to last more than 12 months or may result in death.

Your disability attorney will first check if your condition is under SSA’s Impairment Manual that will make it easier for you to prove your disability.

If not, then your attorney will help you gather more medical evidence and will also talk to your doctor to get his support on your disability claim.

Inability to Work

This is where a lot of SSDI claims get denied as claimants fail to prove that they are no longer to able to make substantial income.

The SSA will test not only your ability to perform your old job but your ability to shift to another job as well.

However, contrary to popular belief, you are actually allowed to work while applying for or receiving SSDI benefits.

That is as long as your monthly earnings is below the substantial gainful activity (SGA) standard, which is $1,000 this 2010.

Aside from gathering medical evidence, your disability attorney can also help you gather vocational evidence to prove your inability to earn above the SGA.

For more information, consult a Social Security Law Firm to know how much more they can help your SSDI claim.

Application requirements for Social Security Disability benefits

While waiting for the decision of your Personal Injury case, you can file a Social Security disability benefit claim to receive monthly allowance for your medication.

While going through the process of your accident litigation, you can seek financial assistance from the federal government through your Social Security benefits.

The Social Security Disability Insurance (SSDI) provides monetary benefits to insured citizens who can no longer work due to serious and long term impairment.
It serves as an alternative for aged employees who have not reached full retirement age due to illness or disability. It has an equivalent benefit amount and privileges with Social Security Retirement program.

The Social Security Administration (SSA) accepts and screens application for the SS Disability program. SSA defines disability as physical/mental/psychological condition that limits a major life activity. Some examples are: walking, moving, seeing, hearing, speaking, and thinking.

The impairment must be serious and is expected to last for at least 12 months; it may eventually lead to death. The claimant must prove that the disability hinders him/her from performing alternative work. He/she must satisfactorily fulfill the SSA's requirements.

Some of these are:

1. Application form. The claimant must fill up the application form and attach documents such as: Social security number, birth certificate, marriage certificate, and other pertinent documents.

2. Work history report. The claimant must summarize previous job experiences and skills acquired. This serves as a useful reference when evaluating your claim.

3. Substantial Gainful Activity- The claimant must provide information on his/her day-to-day activities. This can serve as a useful means to measure the extent of your adjustment to your physical condition and environment. Give details if necessary. Specify the type of daily body functions that you can do.

4. Medical Records- The claimant must provide SSA with medical treatment results such as laboratory exams, diagnosis, summary of medical treatment performed, and certification from attending physician.

The SSA verifies and assesses the submitted medical records. If these are insufficient to prove your disability, you may be asked to undergo special medical examination. The government will pay for the expenses. You will have to show up with the scheduled examinations, otherwise, you might lose your chance of winning your disability claim.

Make sure that you attach a formal letter stating your reasons for your eligibility to the SS disability claim and your completion of the SS requirements.

Consult with a Social Security Disability lawyer in Los Angeles to learn more on how you can get financial assistance through SS disability claim.

The 3 Most Important Requirements of SSDI

Having your Socia Security Disability Claim approved can be more difficult than you think.

In fact, it is so difficult that 60-70 percent of all initial applications have been denied by the Social Security Administration (SSA).

The benefits are highly regulated so it will take more than perseverance and effort to get approved.

In fact, instead of working hard, you have to be working smart; and the smartest thing to do in these cases is to consult a Social Security disability Attorney to help you in your claim.

To help you understand, here are the three major requirements of Social Security Disability Insurance (SSDI) and how a disability lawyer can help you.

Social Security Credits
The first requirement that you need to make sure you meet is sufficient social security credits.

This refers to the social security taxes you and your employer has paid to SSA in your behalf.

The SSA sends out a Social Security Statement to all its members and it will indicate if you are qualified for SSDI and other types of SSA regulated benefits.
Your attorney can also determine if you qualify for the benefit through your current age and year when you sustained your disabling condition.

If you do not have enough credits, the attorney can point you to other options such as worker’s compensation and state disability insurance.

Disabling condition
The next requirement is proving that you have a long term disability.
To do that, you have to show that your disabling condition is expected to last more than 12 months or may result in death.

Your disability attorney will first check if your condition is under SSA’s Impairment Manual that will make it easier for you to prove your disability.
If not, then your attorney will help you gather more medical evidence and will also talk to your doctor to get his support on your disability claim.

Inability to Work
This is where a lot of SSDI claims get denied as claimants fail to prove that they are no longer to able to make substantial income.

The SSA will test not only your ability to perform your old job but your ability to shift to another job as well.

However, contrary to popular belief, you are actually allowed to work while applying for or receiving SSDI benefits.

That is as long as your monthly earnings is below the substantial gainful activity (SGA) standard, which is $1,000 this 2010.

Aside from gathering medical evidence, your disability attorney can also help you gather vocational evidence to prove your inability to earn above the SGA.

For more information, consult a Social Security Law Firm to know how much more they can help your SSDI claim.

The Dos and Don’ts of Social Security

While it is true that most, or around 60 per cent, of the initial claims for Social Security are rejected, it does not mean that the claimant should already anticipate his failure or be discouraged. But it’s not because it was meant to fail, the claimant just did not do anything to prevent it and by doing so, he unknowingly sabotaged his own claim.

If you want your Social Security claim to be included in the approved 40 per cent bracket, learn to be positive. Avoid these actions or assumptions during application and review which may result to a denied Social Security benefits.

• Don’t apply or rush into an interview without even the slightest idea about Social Security claims.

• Don’t assume that the Social Security Administration will obtain all of your medical records and information. In preparing the required documents, getting the help of a lawyer will come in handy.

• Don’t turn down testing or treatment from a specialist, especially if the evaluators require you to take consultative examination for additional medical information. Refusal may cost your claim.

• Don’t act or look angry during the interview.

• Don’t give vague or unclear answers. Failure to be specific and answering “I don’t know” may result to the rejection of your claim because the detail asked may be important. Avoid being uncooperative or argumentative too.

• Don’t exaggerate your disability. The judge or examiner may think that your answers are not credible. Try to be specific; for example, tell the judge when the disability was at its worst and how long it lasted, or if the pain is recurring.
If there are things to be avoided, of course there are also things that could help you avoid rejection.

• Do provide a comprehensive medical and treatment information. Keep all the records of hospital and doctor visits if you received care.

• Do inform your doctor about the Social Security application, and ask for their support on the claim.

• Do agree to testing and visits, like the CE, if recommended.

• Do include all of your medical problems and the symptoms experienced on your application as they will strengthen the claim.

• Do prepare for the interview.

• Do come in to the interview pleasant.

• Do ask for an explanation if there was something that you did not understand.

• Do answer the question more specifically, as best as you can.

• Do get the help of an attorney as soon as possible

Criteria for Social Security Disability Claimants

People with disabilities who want to apply for Social Security Disability benefits are expected to undergo an evaluation to determine whether one has a disability or not. The following are some of the factors of a disability and the disabled that are looked into.

• Employment and earnings – A claimant who can perform his job at some capacity and gets paid for more than $1,000 a month is considered not disabled by the Social Security Administration. The limited amount per month as of current year is $860.

• Severity – The disability should be “severe,” which means that it must reduce the claimant’s ability to perform basic activities that are needed in work like walking, speaking, hearing, understanding instructions, etc. A severe condition must also or is expected to last for more than a year.

• List of Disabling Conditions – The SSA has a list of disabilities in what they call the “Blue Book.” Disabilities include malignant brain tumors, severe epilepsy, and paranoid schizophrenia among many others. If a claimant’s disability is on the list and he also satisfied the earlier criteria, or if the condition is equally severe to the ones on the list, then he is approved. Those who have a disability not listed on the book have to continue on with the evaluation.

• Ability to Perform Previous Work – Disability must have prevented the applicant from performing the work he had done in the last 15 years. Medical records will be reviewed, or the claimant may have to undergo consultative examination.

• Ability to Perform Alternative Work – Despite disability, some people can still adjust and have a work that is different from what they previously did. If the condition, age, education, and past work experience show that such adjustment is unattainable, then the claimant is disabled.

• Special Situations – Military members who became disabled while on active duty or after October 1, 2001 can enjoy a speedy process of disability benefits application. Legally blind claimants are also allowed a greater wage cap limit.

o Blind – A person is blind if the vision on his better eye cannot be corrected for more than 20/200 or if the visual field is 20 degrees or less even with corrective lens. Additional health problems aside from vision problems are also considered by the SSA. The monthly earning for blind people for 2010 is $1,640.
Consulting the help of attorneys for Social Security Disability can also improve the claimants’ chances of having their application approved in the easiest way possible.

Who can qualify for Social Security Disability benefits?

An employee who gets injured in an accident can avail of Social Security Disability benefit. While waiting for Workers' Compensation benefit from the employer, you can file SS disability claim to receive financial assistance from the government.

If your injuries are serious, it will take longer for you to recuperate. You may not be able to resume your work post. Filing a Social Security Disability claim helps you receive monthly allowance while recovering from your injuries.

Who may qualify for Social Security Disability benefit claim?

An individual who has impairment for at least 12 months or is expected to last for years can qualify for Social Security disability benefits.

The claimant must prove the following:

1. The disability limits the person from engaging into substantial daily activity such as walking, moving, seeing, hearing, and speaking.

2. The impairment hinders the person from performing alternative work

3. The disability is serious to prevent the claimant from returning to work at a shorter time.

4. The impairment includes physical, medical, or psychological condition that hinders normal daily functions.


The claimant must submit the following documents:

1. Medical records and laboratory findings
2. Completed work history report
3. completed "substantial gainful activity" form
4. Additional documents relating to employment or disability

The claimant must submit medical records in accordance to the requirements and standards of Social Security. It includes laboratory findings, diagnosis, and reports from your attending physician.

The Social Security Administration (SSA) may evaluate these records and request for additional documents if the results do not clearly reflect your disability. The SSA may also ask you to undergo several medical exams to determine the extent of your disability.

The SSA will ask you to fill up the work history report to analyze previous and potential jobs that you can perform.

The completed substantial gainful activity form is necessary in determining how your physical condition limits your ability to perform day-to-day activities. SSA will ask you several questions relating to your medical treatment and how it affects your daily living
and potential to resume working.

You will have to assert that your current physical and medical condition prevents you from performing alternative work. Your disability is severe enough to perform daily functions and such condition is expected to last for more years.

Make sure that you have submitted adequate medical records for your train accident injury. You may have to wait at least three months for the processing of your claim.
Consult an attorney for Social Security disability in Los Angeles to help you file the claim.

Social Security and Other Benefits

In 1935, the Social Security Act was signed into law by Pres. Franklin D. Roosevelt as part of his “New Deal” or a series of economic programs aimed at restoring financial stability after the Great Depression. The law has been amended many times since then. Along with the act was the establishment of the Social Security Administration, the independent federal agency managing the programs of the mandated act, one of which is the Old-Age, Survivors, and Disability Insurance, now known simply as Social Security.
Social Security provides benefits to eligible workers and their families during the worker’s retirement, disability, or death. The general requirements for Social Security benefits include a) Payment of Social Security tax through payroll, and b) Enough credits or quarters of coverage.
• Retirement Benefits – From the name itself, these are benefits given to retired employees, but only to people who are 62 years old or older, and are retired or employed but have limited earnings. Those who have a spouse and unmarried children may also receive benefits if:
o spouse or non-working divorced spouse is 62 years old or older;
o non-working spouse or divorced spouse is younger than 62 and is caring for the children who are younger than 16 or disabled; and
o for divorcees, the marriage should have lasted for at least 10 years
• Disability Benefits – Disability is a physical or mental handicap that hinders one from having substantial gainful employment. This benefit is awarded to people who got disabled before reaching age 65. Other requirements include:
o Inability to do substantial work considering the age, education, and experience
o Impairment may result do death or expected to last 12 months or more
o Earned 20 credits in 10 years before the disability
• Survivors' Benefits: The following are the people eligible for survivors’ benefits.
o Widow/ widower 60 years old or older
o Widow/ widower 50 years old who became disabled within seven years after spouse’s death or within seven years from the time benefits were received
o Divorced spouse who met the first or second requirement and was married for at least 10 years to the worker
o Unmarried dependent child aged 18 or younger, or disabled.
People who want to receive merited benefits may have to acquire the help of an attorney for Social Security. Aside from this, there are a lot of other benefit programs offered by the agency.
• Railroad Retirement
• Supplemental Security Income
• Veteran's Benefits
• Employee Pensions
• State Financial Programs
• Elderly Rental Assistance

What You Need to Know about Disability Lawyers

Social Security benefits for people with disabilities are a big help to them. But the process of obtaining such benefits is easier said than done. That is where the uidance of a Disability Lawyer will come into play.
How do I choose a Social Security Disability Lawyer?
The directory, your state’s bar association, or the yellow pages are just some of the things you can start with. You may also rely on your family’s or friends’ referral. There are two types of advocates who can help you with disability case. The more obvious choice is of course an attorney. Los Angeles Social Security Disability lawyers are a good choice. But a non-lawyer representative can work too. That person must be someone who knows the in’s and out’s of disability claims, like a former Examiner for Disability Determination Services or a former health professional.
What does a Disability Lawyer have to do to prepare for a case?
Lawyers prepare by examining the claimant’s Social Security file and taking notes of it. Both old and new medical records should also be obtained and reviewed.
Can a lawyer speed up a Social Security Disability or SSI claim?
The lawyer’s job in a disability claim is not to speed up the approval of the claim. They are hired to increase the claimant’s chances of winning the benefits. However, there may be steps that a representative can do in order to speed up a case, though they are not a hundred percent guaranteed to work.
• Submitting the updated medical records and the reconsideration appeal at the same time.
• Having the claimant submit a “dire need” letter, along with the proper requirements.
• Obtaining updated medical records and requesting an "on-the-record-review" after submitting a request for hearing.
Do you have to have a lawyer for a SSD or SSI case?
In both SSD and SSI claims, the aid of a representative is not required. However, getting help from lawyer at initial stage may be advantageous since it avoids the burden of completing paperwork and doing follow-up. You may either get help at initial level or not. If the claim is denied, it’ll be better to acquire representation since the case will most likely end up in the hands of an Administrative Law Judge.
What if I’m not satisfied with the representation I have?
There is no harm in finding a new representative for your case. Before making a switch, try to communicate your concerns with your current representative. Sort out the issues first and if there is indeed a lack of adequate representation, make the change.

A Walkthrough on the SS Disability Determination Processes

There are two kinds of Social Security Administration disability programs so in order to get through your application hassle free, it is important to distinguish the two and know the SS disability determination processes.

Generally, one may be eligible for social security disability benefits if you cannot work because of a physical or mental condition that is expected to last at least one year or result in death. The SSA implements Social Security Disability Insurance (SSDI) which is based on the number of tax credits you’ve incurred while working while the Supplemental Security Income (SSI) program is available for people with disabilities, including children, who have little income and few resources.

While the qualifications and eligibility requirements for both programs are clearly different, the SS disability determination processes for both remain the same.

Here is a walkthrough on the social security disability benefits determination process:

• Upon completing an application for Social Security Benefits and the Disability Report (which may be accomplished online or submitted to your local Social Security office), it shall be initially processed through the local SSA field offices and the Disability Determination Services (DDS).
• The SSA field office verifies your non-medical eligibility requirements which shall then be sent to the DDS for evaluation of disability. The DDS is responsible for making the initial determination whether or not you fall under the legal definition of disabled or blind.
• The determination shall be based on evidence from the claimant’s submitted medical sources. If the information is incomplete or unavailable, the DDS shall arrange for a consultative examination for the information needed. While generally, the consultative examination should be in the DDS’ preferred source, consultative examination from independent sources may also be accepted.
• Upon the completion of evidence, trained staff in the DDS shall make the initial disability determination.
• After the determination of the DDS, the case shall be returned to the field office for appropriate action whether benefits shall be paid or if the file shall be kept in the field office if the claim is rejected.
• If the claim is rejected at the disability determination process, the applicant may undergo the process of reconsideration and appeal.

Bear in mind that if you want to apply for SS disability benefits, apply as soon as possible because it can take a long time to process your application. If you want more tips or advice on how best to handle your SS disability claim, consult with a social security disability attorney.

Answering FAQs on Long Term Disability (LTD) Insurance

Acquiring a long term disability may cause emotional and financial problems because you will be required to pay for all your medical and rehabilitation bills, though you cannot work due to your condition

Fortunately, you can receive disability benefits from Long Term Disability (LTD) Insurance. To learn more about this program, read the following FAQs that are connected with it:

Q: What is LDT?

A: It is a private insurance program that replaces a part of your loss salary if you are suffering from a long term disability. Its coverage can last for one year or longer.

You can receive disability benefits if you are included in an individual or group program. Individual coverage may be bought directly from insurance brokers. You can buy it of you did not receive any medical treatment for any disabling condition for the past 10 years.

Meanwhile, group coverage may be offered by your employer or a professional association or group.

Q: How much money will I receive from LTD Insurance?

A: It will provide you with a monthly salary replacement, which can either be a specific dollar amount or a part of your gross pre-disability earnings. Remember that variations may exist so it is advisable that you read the summary plan description to know more details regarding the issue.

Q: What is a pre-existing condition under an exclusionary period?

A: It covers any medical condition for which you acquired medical care for around three to six months before the effective date of your LTD Insurance. Be sure to check if your plan has a “pre-existing conditions exclusionary period.”

During this time, your plan will not cover all medical conditions that you are suffering from. These conditions will only be covered after the allotted exclusionary period ended.

Q: How long will my LTD Insurance coverage last?

A: Your coverage may last from one year up to your retirement age.
Q: Are there other programs that can provide disability benefits?

A: Yes. Government administered programs like Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) can provide you with disability benefits, provided that you were able to comply with the requirements of each program.

SSDI only provides disability benefits to individuals who are unable to work due to an illness or injury that will last for at least a year or may cause their death. The Social Security Administration (SSA) does not provide financial assistance to those who are only suffering from short-term or partial disability.

Disability Laws in California

People with disability are just one of the groups of people who unfortunately always seem to experience unfair treatment in almost every aspect of life. That is despite the many federal laws enacted to protect their interest. The Americans with Disabilities Act, Rehabilitation Act, and the Air Carrier Access Act are federal laws that give equal rights to this group of people, whether in terms of employment, access to private and government services, and transportation.
The state of California also enacted the following laws for people with disabilities:
• Unruh Civil Rights Act: The Unruh Civil Rights Act protects people from age, ancestry, color, disability, gender, national origin, race, religion, and sexual orientation discrimination by business establishments in California, including housing and public accommodation.
• California Civil Code Sections 54 to 55: This section states that individuals with physical or medical conditions have the right for the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, and other public places. The law also includes the right to access all housing accommodations, transportation, and service dogs for people with disabilities, which are equal and similar to the right of the general public.
• California Building and Standards Code Title 24: Also known as Physical Access Regulations, this is a comprehensive set of standards that covers the important areas of accessibility for people with physical and sensory disabilities. It is designed to comply with the requirements of ADA and other state statutes.
• California Government Code Section 11135-11138: This section brings into state law the requirements of the ADA Title II (accessibility to government programs) and the standards of Rehabilitation Act’s Section 508 (accessibility of electronic and information technology). It prohibits discrimination in any program or activity conducted or funded directly by the state government.
• Fair Employment and Housing Act: Under FEHA, discrimination in employment and in all aspects of housing (e.g. rental, lease etc.) are prohibited. Forms of discrimination that are illegal are the following: age (40 and over), ancestry, color, creed, disability (mental and physical), gender, marital status, national origin, race, religion, and sexual orientation.
For disabled people who feel like they have been discriminated against or were not treated like an ordinary person, there are a lot of disability law attorneys in Los Angeles who are available to help. They can help obtain justice, as well as the compensation the disabled deserve for the discrimination they experienced.

Social Security: An Overview on its Beneficial Programs

Social Security

Social Security is intended to provide security and to protect persons from unexpected disasters by spreading certain risks among all the members of the society for the intent to make sure that no single family will bear the full weight of such incidents.

Social Security Act

The Social Security Act is a law that tries to provide the basic needs of the retired individuals and those with disabilities.

The Social Security Act was signed on August 14, 1935 by Franklin D. Roosevelt, the one who introduced it in reply to the predicament that was the Great Depression.

Programs under the Social Security Laws

• Medicare

Medicare is a health insurance program of the United States that is intended for people age 65 or older. It helps with the expenses of health care but it does not cover the expenses of most long-term care or all medical costs.

There are some individuals who are younger than age 65 who can be eligible for Medicare. This includes individuals with disabilities and those that are suffering from amyotrophic lateral sclerosis (Lou Gehrig's disease) or permanent kidney failure.

Medicare is funded by a part of the taxes paid by employees and their employers and by the monthly premiums that are deducted from checks of Social Security.

• Supplemental Security Income (SSI)

The Supplemental Security Income or SSI is an income supplement program of the Federal government that is financed by general tax revenues and not by Social Security taxes.

SSI is intended to help blind, aged, and disabled individuals who have little or no income at all. It gives cash to meet the basic needs such as clothing, food, and shelter.

• Social Security Disability Insurance (SSDI)

The Social Security Disability insurance or SSDI is a program managed by the Social Security Administration (SSA) that provides benefits to individuals who are blind or have disabilities that are "insured" by the contributions of workers to the trust fund of the Social Security. The workers' contributions are based on your income or those of your parents or spouse as required by FICA or the Federal Insurance Contributions Act. The SSDI benefits are authorized by the Title II of the Social Security Act.

• Medicaid

Medicaid is a health insurance program that is jointly funded by the federal and state governments for needy and low-income individuals.

Medicaid covers children and individuals who are disabled, blind, aged, and other individuals who are qualified to receive income maintenance payments that are federally assisted.

Under 32 states and the District of Columbia, Medicaid eligibility is provided for individuals who are eligible for the benefits of the Supplemental Security Income (SSI). The Medicaid application in these states is also the SSI application and the eligibility begins the same months as the eligibility of the SSI.



Social Security laws are created to benefit those that are in need, specifically blind or aged persons or individuals who have disabilities. Hopefully, the US administration will acknowledge the programs' importance and continue to make provisions so as to keep the Social Security Act well and alive.

Top 6 Mistakes Social Security Attorney Services can Help you Avoid

More than sixty percent of all initial Social Security Disability Insurance (SSDI) claims are denied outright by the Social Security Administration (SSA).
That is why it is important that you get social security law attorney services when making an SSDI claim.

Studies show that the rate of approval increases with the presence of a disability lawyer to advocate for your benefits.
The presence of a social security law attorney also ensures that you do not commit some of the most common mistakes in SSDI.


Some of those mistakes include:

I. Not enough Credits

If you only worked for a short amount of time before you sustained your disabling condition, then you may not have contributed enough social security taxes to qualify for SSDI benefits.

Generally, you should have worked about 5 out of the last 10 years to qualify.

II. Short Term Disability

The SSA is pretty strict about this requirement.
To qualify for SSDI benefits, your disability should be expected to last for more than 12 months or may result in death.
If the disabling condition is expected to heal in less than a year, then you will not qualify.

You better seek other options such as worker’s compensation or state disability insurance.

III. Failure to File Appeal on Time

As said before, more than sixty percent of all initial applications are denied by the SSA.

The claimant then has 60 days to file an appeal for reconsideration.
If you fail to file an appeal on time, you may disqualify yourself from any further review of your SSDI claim.

IV. Failure to get Additional Evidence

Some claimants think that the reason they get denied is because of the evaluator and not their own documents.
They think that if they can get another evaluator to see their claim then it will get approved.

That is not the case.

Submitting the exact same claim with the same sets of evidence will result in the same outcome, which is rejection.

V. Being able to Work

The SSA will be investigating not only your ability to perform your old job but other work as well.

If the SSA discovers that you are still capable of working and perform substantial gainful activities, then your claim will be denied.

VI. Failure to Inform Doctor about Intention to file SSDI claim
Most claimants do not inform their own doctors that they are applying for SSDI benefits thus they do not get a report that is fit for their application.
A social security attorney can talk to your doctor and explain the rules and regulations of the SSA regarding SSDI so they can get a report that is consistent with those rules and regulations.

Getting Social Security Attorney Services

These mistakes could easily be avoided if only the claimants got the services of an expert social security attorney to guide them and represent them (if necessary) in their application.

So if you want to save time and effort, you now know what to do.

Weigh your insurance options better: Long Term vs. Short Term Disability

If you have suffered serious injuries in an automobile accident, you can use either a Long Term or Short Term disability insurance coverage. These are benefit programs offered by private employers to their employees. In a group insurance policy, the employees share an equal amount for the health coverage.

It provides financial assistance when insured employees cannot resume work duties for a specified time due to impairment.

A disability can be a mental, physical, or psychological illness or condition that hinders a person from performing normal daily functions.

There are distinct goals and purposes for each disability programs. If you would like to file a claim, take a moment to evaluate your eligibility based on the following description:

Short Term Disability (STD) Insurance

Medical illness, physical injury, and pregnancy may hinder a workers' ability to perform daily work tasks. Your private insurer will provide you with an equivalent salary should the employee needs time off from work. It includes benefits that usually last up to 12 weeks. It pays a percentage of your salary spread over a period of time.

Long Term Disability (LTD) Insurance

Group health insurance coverage may include long term disability benefit. It provides financial assistance over a long period of time when employees suffer from serious injuries, chronic illness, or critical physical condition.

It gives health care, monetary allowance, and benefits to qualified insured employees who can no longer work. It usually succeeded the short term disability benefit, if the disability is expected to last for years or expected to lead in death.

If your employer does not offer long term disability benefit, you can purchase a plan from private insurers. The premium can be paid over from 2-10 years. You may need up to six months for the waiting period.

The government also offers a similar benefit program-- the Social Security Disability Insurance. Workers who have paid their FICA taxes for at least five out of ten years of working can be considered for the program.

Social Security Administration evaluates each claimant according to eligibility criteria. Generally, a claimant must have:

1. Sufficient records proving that the disability is expected to last long term or will eventually lead to death.

2. A disability that hinders normal daily functions.

3. The claimant cannot perform alternative work due to the lingering illness or disability.

SSDI serves as an early retirement benefit program for workers who can no longer reach the working retirement age due to disability. It returns your hard-earned benefit from the government without taking into account your current financial status.

Applying for Social Security Disability Benefits with Assistance from Attorney

Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits can be difficulty due to the different requirements for each program and the issues that are involved in the entire application process. It is fortunate that you can increase your chances of having a successful application or claim by working with a Social Security Disability attorney.

Remember that acquiring legal help is important because a simple mistake that you make while applying like failure to provide a certain document or record can result in the denial of your application.

Before you apply for disability benefits, your attorney will first try to determine what program is best suitable for you. In addition, he will also find out if you are really eligible to receive disability benefits. The Social Security Administration (SSA) only provides disability benefits to people who are suffering from a medical condition that prevents them from working and will last for at least a year or may cause their death.

SSDI

It is a federal program that gives monthly payments to you and some of your family members if you have paid your Social Security taxes and earned enough work credits. The credits that you will likely need is based on your age and the date when you were disabled. For example, you should have earned at least 20 work credits within the last 10 years prior to your disability.

If the SSA approves your application, the amount of benefits that you will receive will depend on your earnings record and age.

SSI

It is a joint program between state governments and SSA, meaning your eligibility and the amount of disability benefits that you will receive will be based on where you live.

You may be entitled to apply for SSI benefits if you are blind, disabled, or at least 65-years-old. Aside from these basic requirements, SSA will also look at your income and resources before it decide if you are eligible for this program.

Income

It is the money that you are receiving like pensions, wages, and Social Security benefits. In addition, it also covers the following:

• If you are employed, the agency will also count your net earnings
• Contributions or gifts
• Inheritance in property or cash
• Rental income





Resources

You may be entitled to receive SSI benefits if the amount of you resources will not exceed $2,000. Meanwhile, if you are married, your resources should not be over $3,000.

Here are some examples of resources:

• Cash
• Savings and checking account
• U.S. Saving Bonds

The Evaluation Process of Disability Claims

Before a person can receive disability benefits under Social Security, he must first apply for it and be accepted. However, applying is easier said than done. Aside from the requirements that may seem confusing to some, the long process and the wait may render a claimant impatient.
After submitting every document and proof needed to apply for any of the Social Security disability program, it will go through an evaluation process. Social Security Administration field offices and State agencies process all initial claims.
1. Social Security representatives in field offices obtain applications and non-medical requirements (e.g. employment period, age, monthly income) for the benefit programs.
2. It will be sent to the State agency or Disability Determination Services (DDS) for evaluation if the requirements were met. They are responsible for developing medical evidence. Also, they render initial determination regarding the disability claim with the help of a physician, psychologist, and other disability specialists. They may request for additional information and documents before determining whether or not a claimant is disabled under the law.
3. A consultative examination will follow if the information provided is inadequate for the disability to be properly evaluated. The claimant’s personal physician, if permitted by the DDS, or a different doctor will perform the procedure.
4. The DDS will then evaluate the medical condition and the non-medical eligibility requirements. They will consider the disabling diagnosis, severity, period of disability, and the limitation of activities which are mostly work-related (e.g. ability to walk, stand, sit, bend, kneel, lift, use hands, and remember instructions). Other disabling factors and the effect of medications taken are also evaluated.
5. Expect the decision to come in writing after six or more months. However, do not expect that the claim will be approved right away. Most initial applications for disability claims are denied.
6. If the claimant was found not disabled, the file is kept in the field office in case the claimant decides to appeal. The letter will explain as to why the application was rejected. However, if the application is approved, the SSA will complete any outstanding non-disability development and inform the claimant about the benefits amount and when it will start.
For claimants and medical practitioners who want to read more information about disability claims evaluation, the SSA has the “Blue Book” of information that focuses on the disability programs of the agency. A listing of impairments is also included on the book.