Social Security Table » Law

Social Security Records – Why It’s So Important to Protect Them

admin — Mon, 28 Dec 2009 03:53:48 +0000

Amit Mehta asked:

People who are gainfully employed have Social Security records. Through tax deducted from your monthly payroll, you make a contribution to a social insurance program, forming the basis of these documents. These records contain your Social Security number as well as other relevant information such as your full name, date of birth, contact numbers, dependents, and others.

Social Security documents enable you to obtain benefits for three major instances. The first is for disability, where you are temporarily or permanently unable to return to work because you became physically or mentally impaired. The second area for claiming benefits is for retirement from employment. The third and final incidence would be for death, wherein your dependents will be able to make a claim.

The Importance of Social Security Records

Familiarity with your own Social Security documents is crucial for the obvious reason that you are mandated by law to make contributions to the government through salary deductions. And the way to maximize these contributions is by becoming aware of the benefits that you are entitled to at any time in your work life.

For instance, your retirement age is dependent on the year that you were born and if you retire earlier than the required age, then you will get a smaller benefit package. The reverse is also true since if you delay retirement, then you will be entitled to a much larger benefit package.

In recent years, Social Security documents have had to be placed under tighter control and protection because of incidents of identity theft and fraud. Some people acquire the records of other people so that they can claim benefits that are not rightfully theirs. Indeed, there have been many instances where people diligently make their contributions only to find out that somebody else has robbed them of their benefits.

A worse scenario is when one’s records have been used by others to open bank accounts and obtain credit cards. In this case, the unwitting victim is accumulating debt and his credit record is being tarnished by others. All of these point to one thing – it is important that you regularly get a copy of your Social Security documents so that you can monitor your records and report any false entries immediately.

So how do you access your records?

Your Social Security records can easily be asked for online. You can apply for your benefits online too in addition to being able to update your records, and block access of your information to others. It is undeniably cheaper, faster and more efficient to transact online. Another advantage of accessing these online documents is that they are ideal for people who are disabled or incapacitated and cannot go to a nearby Social Security office.

Your Social Security information is one of the most important records you have so use it and protect it wisely.

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Being Eligible for Certain Social Security Claims

admin — Wed, 02 Dec 2009 21:06:40 +0000

Meghan DiTolla asked:

Many are surprised to learn that Social Security eligibility is similar to other types of lawsuits. For example, in certain personal injury lawsuits, the plaintiff needs to prove that he or she will not be able to work in the same capacity in the future due to sustained injuries. These injuries need strict medical documentation. This may come down to emotional impairment as well, not just physical impairment.

A Social Security claim acts in somewhat the same regard. The difference is that a personal injury claim is waged against a defendant. In Social Security cases, there is no “defendant” as such, as Social Security claims for illness involve a person’s own physical capabilities based on illness – not necessarily due to the fault of another person. That said, there needs to be the same burden of proof for demonstrating physical incapacitation.

Medical Guidelines for Social Security

Social Security guidelines are very strict, which can sometimes come as a disappointment for those claimants who do have cases that fall within these guidelines. For example, it is not enough for a person to suffer from HIV/AIDS. Rather, the patient needs to have a T-helper lymphocyte (CD4) count above 200/mm3. It is at this point that an HIV/AIDS patient is more susceptible to increased illness.

However, the Social Security Administration will take into account other issues besides the T-helper lymphocyte (CD4) count, such as weight loss – though the CD4 count is an important factor. The reason why a skilled and experienced Social Security attorney is necessary is to navigate thee possible permutations of illness and diagnosis that can mean the difference between receiving benefits or receiving none at all.

It bears stressing, but you should not think that there is a minimum threshold you have to cross to be eligible for benefits – these are guidelines. As each patient has a different circumstance in term of personal support, age, income, and other factors these will be factored in as well. This is made clear by Social Security benefits for anxiety. While mental illnesses can be measured in some way, it is a more generalized disability than something like a CD4 count that can be quantitatively measured. So this should tell you that there is some leeway with how Social Security benefits can be distributed.

In the case of anxiety, for example, OCD, post-traumatic stress, and panic attacks all qualify. While these can most certainly be diagnosed by a trained professional, it will take the expertise of a qualified attorney to help ensure that a patient receives ample support from the Social Security Administration. Financial support is the basis of clinical documentation, which a Social Security attorney can help gather together and ultimately secure long-term benefits.

These same rules apply to other illnesses: arthritis, heart failure, cancer, diabetes, and so on – chronic illnesses fall within the scope of Social Security Benefits. Receiving these benefits is the result of a combination of strict medical documentation and the skill of a good attorney. If you are ill, there is no reason to add to your trouble with increased financial worry. The goal of a Social Security attorney is to provide long-term stability and improve your overall quality of life.

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Social Security Disability: What is a Disability?

admin — Tue, 01 Dec 2009 06:22:48 +0000

Patricia Woloch asked:

Social Security Administration’s Definition of Disability

The Social Security Administration has some qualifications to be considered a disability. To be defined as a disability, two conditions must be met:

1. The person is unable to do the work for which the disabled person is suited making at least $900 gross income per month (known as a Substantial Gainful Activity or SGA)

2. The condition has lasted continuously or is expected to last continuously for at least one year or will probably result in death.

Disabilities that meet these two requirements can be either mental or physical in nature or a combination of both types. The particular disability doesn’t matter as long as the two requirements are met.

Social Security defines disability for these purposes to be a total disability, not a partial disability. The person applying for benefits must be considered completely disabled.

How is Ability to Do Work for Which You are Suited Determined?

In order to determine if you are unable to work, the Social Security Administration looks at two things:

1. You must be unable to perform the type of work you did for the past 15 years for a year or longer

2. You must be unable to perform any other type of work for which you are qualified

Other work for which you are qualified refers to work to which you could reasonably transfer your skills and is based upon your age, education, work experience, and any mental and/or physical limitations that you may have.

Time and Age Limits

There is no set length of time you can accrue benefits. As long as you meet the requirements of having a disability, you will receive Social Security Disability benefits.

There is no set age limit to receiving benefits. Once you reach age 65, however, your benefits will automatically convert into retirement benefits.

Earliest Time You May File a Claim

You must be disabled for five months prior to filing a claim. This is because benefits don’t accrue until six months after the date of onset of your disability. The date of onset is the date when you were first unable to perform your work.

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Social Security Disability Payments and the Stimulus Package

admin — Tue, 17 Nov 2009 15:37:08 +0000

Meghan DiTolla asked:

For a number of years, people have been talking about how the Medicare and Social Security system are potentially not sustainable in its current incarnation. This will come as dire news to anyone looking to secure Social Security disability payments. Right now there is a backlog for approvals as well. In short, the Social Security disability system is not as stable or efficient as it could be.

This is yet another reason to work with a Social Security disability attorney, as a lawyer will be able to navigate this very tough and complicated process and ensure that your future SSD payments are not delayed. In 2008, the average amount of time to process a Social Security disability application was 480 days. Now imagine trying to receive benefits without an attorney: if you file information incorrectly, you could be looking at double that amount of time. Worse yet, it could mean no claim at all, regardless of the amount of time it takes.

The stimulus package could help this scenario, but that is no reason to think you can go it alone. Though there may be new measures in place to speed up the process, there are still a record number of people filing a SSD claim. Close to 800,000 people filed a claim in 2008. The SSD workload is set to increase significantly in the coming years.

The Economic Recovery Bill

The economic recovery bill has a number of provisions that will help the Social Security claim process go more smoothly:

$500 million to help the Social Security Administration process the increasing influx of disability applications. $400 million to improve the computer capability of the SSA – currently utilizing outdated technology. $4.2 million to help people with certain disability receive additional SSI income.

All told, the system should hopefully be better. Again, it must be stressed that a Social Security attorney is still necessary. Even if the SSD application process goes more smoothly, it’s still going to mean a long haul for most applications – possibly a year or more. What this means ultimately is that when you hire a Social Security attorney the process will now go faster, which is very good news. But you will still need to gather all relevant medical information, accurately dot the “i’s” and follow complicated regulations, so hiring representation is your best avenue towards getting benefits as quickly as possible.

Given the fact that new processes are going to come about via the stimulus package, it is even more necessary to hire an attorney who keeps up with all developments in the Social Security system. California, in particular, has a large backlog of SSD applicants, given its high population relative to other states. So while it is very good news measures are being taken to fix a sometimes cumbersome system, you will need an advocate to help you correctly file your application whenever new changes go into effect. It’s important to remember also that new regulations can occur on a state level as well, in addition to a federal level, so California has particular laws to help SSI applications get processed.

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Pursuing Social Security Claims With Rolling Hills Lawyers

admin — Fri, 30 Oct 2009 14:06:24 +0000

Mary Jean Kuda asked:

Rolling Hills is a city in Los Angeles County bordered by the Rolling Hills Estates to the north and Rancho Palos Verdes on all other sides. As of the recent census, the city population was 1,871. It is the 21st richest place in the United States and fourth for places with a population of at least 1,000.

It is a private, gated city atop the scenic hills of Palos Verdes. Incorporated in 1957, it maintains a ranch character with an enduring respect for the natural surroundings, with no traffic lights, large spaces between houses and wide equestrian paths along streets.

In a rich city like Rolling Hills, Social Security problems will surely arise. When they do, Rolling Hills Social Security lawyers are just standing by to help you with the complex and often frustrating procedure of applying for and obtaining Social Security benefits.

Claims under Social Security may be pursued with or without a representative. However, when filed with a representative, preferably a lawyer, the claimants will definitely have a higher percentage of winning their claims rather than in pursuing it alone.

This is because upon application necessary paper works must be submitted – and if it does not convince the Social Security Administration then the claim will be denied at the onset.

So if you doubt the weight and believability of your paper work for your social security claim take some advice and look for qualified assistance right away.

Denial at the Initial Stage does not deter you from further enforcing your claim. You may file a request for reconsideration. Denial of the request may be expected at this stage. In fact, 80% to 85% of claims for reconsideration are denied.

Denial of the request for reconsideration does not put an end to your claim. You can ask that your case be heard by a Judge. Again, this may be done with or without a representative.

Then again, it is better to go to court with a representative as to do without will expose you from further partiality.

For example, the judge, upon seeing you alone and without any knowledge of court procedure, will not be hesitant to deny your claim.

Undeniably, the role of a Rolling Hills Social Security lawyer in your claim is necessary not only to facilitate a faster claim but also to guide you in navigating through the intricate legal process.

However, this should not be understood to mean that the assistance of a lawyer would surely bring positive results on your claim. Of course, Social Security lawyers are not insurers of your claim’s approval. There are times that even when assisted by a lawyer denial may still result.

Engaging the services of a lawyer in your social security case can surely spell a difference between approval and disapproval of claim for benefits. You will for sure put a good fight when you appear prepared before the administration or judge.

With this in mind, determining the issue of representation and the representative to handle your social security case is not simple task. You must think several times before filing your claim unprepared or unrepresented.

For immediate response to your Social Security concerns, employ the aid of our Rolling Hills lawyers. Just log on to our website and avail our free case evaluation services.

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How a Social Security Attorney Can Help With Your Claim

admin — Fri, 02 Oct 2009 11:56:32 +0000

Matt Berry asked:

Suffering from a disability is challenging enough without having to struggle through the complicated tangle of government legalese regarding Social Security disability benefits.

Among other conditions, if you suffer from bipolar disorder, ****** cancer, congestive heart failure, colitis, Crohn’s disease, COPD, depression, diabetes, heart disease, IBS, MS, Parkinson’s or schizophrenia, you may be eligible to receive disability benefits.

Disability benefits are available to people who fall into three categories: disabled, insured workers under age 65, people who have been disabled since childhood and a disabled widow or widower age 50-60. People with financial need and children may also qualify for benefits.

If you believe you might be entitled to Social Security disability benefits, consider contacting a Social Security disability attorney who specializes in the field. An attorney’s expertise in navigating the complications of Social Security disability benefits can go a long way towards making the process seem easier. People with attorneys win a lot more often than those that self-represent.

First Step:

The first step towards receiving Social Security disability benefits is establishing that you are, in fact, disabled. The Social Security Administration (SSA) calls their evaluation for disability the sequential evaluation process. Basically, this process entails the government considering the age, education, work history, severity of disability and functional capacity of the person requesting benefits.

They’ll also contact doctors who have treated the applicant, and perhaps request a consultative exam, with the applicant’s existing doctor or with another doctor. The general information will be verified by the local Social Security field office, and the evaluation of the disability is the responsibility of the state’s Disability Determination Services (DDS).

Disability Application Determination:

Determination of whether the applicant has a disability is made by a disability examiner and a medical or psychological consultant. There are 4 potential outcomes: the examiner might ask for more evidence of the disability, the examiner might refer the applicant to vocational rehab, the applicant might be found not disabled, or the applicant might be determined to be disabled.

If benefits are denied, there are a series of appeal processes.

First Appeal:

If the state determines that the applicant does not have a disability, don’t lose hope. This is where a lawyer specializing in disability law becomes even more important, as you’ll have to dispute the determination. The Social Security Disability appeal process will be very similar to the first process, but with a different two-person team making the final determination of disability. If the appeal results in a non-disabled determination, further appeals are also possible.

Second Appeal:

The second appeal of a disability benefits case is heard by an administrative law judge at the Hearing Office of the SSA’s Office of Disability Adjudication and Review. In this case, the administrative law judge usually conducts a hearing that allows the applicant’s attorney to present a case. Generally, the applicant has more evidence of the disability to present at this point, from previous or new medical sources. It’s important to work closely with your Social Security disability lawyer at this point.

Once it’s determined that the applicant does have a disability, the Social Security Administration computes the benefit amount and begins making payments. The disabled person might be able to receive benefits as quickly as the first full month after they applied.

It is important to remember during the application process that the sooner a lawyer becomes involved the sooner the process can be affected. Good luck with your disability case!

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The Laborious Process of Social Security Claims in Cudahy

admin — Sat, 26 Sep 2009 17:11:53 +0000

Claysphere Rivera asked:

The whole process of Social Security claims are of laborious nature. Aside from the increasing cases of denials of disability claims, the increase in number of claimants for Social Security benefits has made the whole process much more difficult and burdensome.

Particularly in Cudahy, pursuing a claim may consume a whole lot of your time, efforts and economic resources. Instead of advancing your monetary interest, the tedious processes may take so much of you instead.

As per guidelines set by the Social Security Administration, it sounds like a simple process, yet it is not. Many factors have to be considered to make a successful claim for benefits under the Social Security Disability.

It is unfortunate that several legitimate claimants are denied for benefits. In fact, majority of them even have to experience multiple denials in the entire process of their claims.

This is the fact of the whole Social Security process. The optimum result of this perplexing procedures made people discouraged and intimidated. Many have also given up while some even died without obtaining the benefits they are supposedly eligible.

There are widely disseminated opinions that claiming of benefits needs the element of timing. They relate the application process as having its own season – that a claim must be filed in a timely manner, some commented.

To some, they believe that the whole thing dwells on pure luck. They add that if you are lucky enough, you will get hold of the benefits with no fuzz.

The previously mentioned opinions have gathered a lot of sentiments from many people, not only in Cudahy, but also in different states. It has created a persuasive effect especially to those claimants who are frustrated and tired of pushing further their benefits applications.

The real effect of such views had brought a very bad and sad effect on Social Security’s image. The whole idea has clouded the people’s mindset and suggested confusion.

On the positive side, some still have faith in the whole process. Even though they have been denied several times, there are still a few who keep trusting the SSA and hope that their claims will be given due course – that their desired benefits would not be set at naught.

Some successful stories relate that despite the laborious procedures for disability benefits claims, they have persisted and have endured. Subsequently, they have been lucky enough to convince the adjuster or Administrative Law Judge to grant a positive decision.

Meanwhile, some have managed to appoint their representatives in filing their Social Security applications to avoid the intricate procedures and expect better results. However, many have commented that this was not a guarantee for success.

Ultimately, there are variations of opinion from different claimants. This is primarily because of their relative experience with regard to this matter.

To shed some light, the whole process of claiming Social Security Disability benefits is really demanding. The whole spectrum of this area of law is complex. There are no guarantees for everything, including this claim.

Then again, proper guidance and representation of Cudahy Social Security lawyers is advisable. That is, if they wish to elude further intricacies and worries. They will help you identify your options and may even take the task in representing you with your Social Security benefits claims.

Take that big step and trust in the capabilities of our Cudahy Lawyers. We provide expert advice and representations for those who seeking assistance in applying for Social Security benefits. For more details, you may log on to our website.

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Learning the Fundamentals of Social Security Survivor’s Benefits Claim

admin — Sun, 30 Aug 2009 18:03:57 +0000

Claysphere Rivera asked:

General public opinion had generated the belief that Social Security is designed exclusively for retirement. Contrary to this misconception, Social Security System offers a variety of programs that cater not only benefits for retiring individuals but also programs providing assistance for the disabled including their dependents.

This article focuses on Social Security program, particularly survivor’s benefits. More specifically, the article gives a thorough exposition of the fundamentals of Social Security survivor’s benefits claims.

Foremost, a brief discussion about Social Security survivor’s benefits is worthwhile.

Social Security survivor’s benefits are designed to provide the much-needed income to the surviving family members of a qualified decedent making their lives sustainable at least.

Not just anybody can apply for this kind of benefits. The Social Security Administration had provided constitutive requirements for a survivor benefit claims.

The survivor’s eligibility is gauged based on the decedent’s earning record showing his work, payment of social security taxes and earned work credits. The work credits are crucial in this respect because it would be made the basis for the survivor’s entitlement of this particular kind of social security benefit.

Worthy to note however, under a special rule, if you are only “currently insured” at the time of your death and relatively have only 6 credits in the 13 quarters prior to your death, your children and your spouse can still receive this benefits.

On the other hand, if you have determined your qualifications for benefits it would be wise to apply promptly, especially if you are not yet a recipient of social security benefits. This is for the reason that the benefits are paid from the time of application and not from the time that the worker died.

The application for benefits generally requires relevant information such as the following:

• the proof of death;

• Social Security number of the applicant as well as the deceased worker;

• marriage certificate if applying as a divorced widow or widower;

• dependent children’s social security numbers if available including their birth certificates;

• deceased worker’s W-2 forms or federal self-employment tax return for the most recent year; and

• the name of the bank and account number of the applicant so that the benefits can be deposited directly in the account

Some of the requirements mentioned above can be dispensed with especially to those who have already received Social Security benefits. However, it is essential to report the death with the Social Security office so that update and changes of payment would be made.

With reference to the amount of survivor’s benefits, the same relatively depends on the earnings of the person who died. The more the worker paid into Social Security, the greater your benefits will be.

Take notice that, there is a limitation to the payment of benefits to the survivor members each month. The limit varies, but is generally between 150 and 180 percent of the deceased’s benefit amount.

More so, reduction of benefits can be halted on the following situations:

• To those who get a pension from work that was not covered by Social Security, like the federal civil service, your Social Security benefit may be reduced.

• Those who are working and have been receiving Social Security survivor’s benefits and are younger than full retirement age, the benefits may be reduced if your earnings exceed certain limits.

However, the reduction of benefits affects only the survivor concerned and not the benefits of other family members.

A special rule applies to those who remarry. Generally, widow or widower’s benefits are not given to those who remarry before age 60.

However, remarriage after age 60 (or age 50 if disabled) will not hold the survivor from getting benefit payments based on the latter’s former spouse’s work.

At age 62 or older, the survivor may get benefits based on his/ her new spouse’s work, if the benefits are higher.

Like any other claim under the whole spectrum of Social Security, claimants are given the right to dispute the findings or decision of the Social Security Administration.

An appeal, to be specific, is given to the claimants. The latter process entails complex situations that need another careful elaboration.

The key thing in all types of claims is the right of the claimant to confer with a Social Security lawyer of their choice.

For credible information and expert representation on your survivor benefits claim, log on to our website and seek the assistance of our Los Angeles Social Security attorneys.

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Social Security, Employment And Identity Theft

admin — Fri, 28 Aug 2009 12:30:43 +0000

Lisa Carey asked:

Identity thieves steal your personal information for many reasons. Among those are to obtain credit (money) using your credit information, but also medical benefits, Veteran’s benefits and employment.

Why would anyone steal your identity just to get a job? For many reasons, for example some people are in the United States illegally and do not have a social security number. Some people can not pass background checks, or have a criminal background that would keep them from getting jobs. Whatever the reason, Social Security Numbers are hot merchandise, if yours can be gotten, it can be sold.

“Misuse of another individual’s SSN is a violation of federal law and may lead to fines and/or imprisonment and disregarding the work authorization provisions printed on your Social Security card may be a violation of federal immigration law. Violations of applicable law regarding Social Security number fraud and misuse are serious crimes and will be prosecuted.” According to the Social Security Administration, The crime is considered a felony under federal and state laws and may result in fines and imprisonment.

In order to determine if there has been any use of your SSN to obtain employment, it is important to review your W-2 each year to determine that your social security benefits are being accurately reported and that the correct SSN is being used. Next, review your Social Security Statement issued to you each year. Check your statement against your W-2 to determine if there are any discrepancies. One way of determining if your SSN has been used illegally will be by monitoring the information on you benefits statement; which may state that benefits have been accessed or that the amount paid in maybe greater than the number reported on your W-2. To obtain a copy of your Statement of Benefits you may call the SSA toll-free at 1-800-772-1213.

Are you responsible for the taxes on the wages resulting from someone being illegally employed? Probably not, and the taxes are paid directly through the employer. As a result that money is just sitting in an account held by the federal government.

What about Social Security Benefits? What happens to the money paid in through two people employed and using the same social security number? It is estimated that approximately 420 billion dollars in federal funds are sitting in “limbo.” The government calls this the Earnings Suspense Fund. The money has been paid in, but there is no one to credit the funds or benefits to. This is because in many cases the user of your social security number is also using either their own name, or a fake name. The only people that benefit from this extra payment are the federal government as well as the imposter who is able to be employed. Each government agency (IRS and SSA) have a list of mis-matched numbers, that don’t belong to the names that are using them, so what are they doing about it?

Illegal use of your SSN is very difficult to find out about, unless you happen to apply for a job at the same place, or if they are also using it for theft of your credit information.

If after reviewing your benefits and wages information you are suspicious, take the next steps. Request a credit report to see if credit has also been obtained using your identity. If so, it is time to move quickly in order to rectify the errors in your employment, social security and credit history.

If you determine that your social security number has been compromised, you must contact the Social Security Administration and report it. Reports are made to the Social Security Administration (SSA) Office of the Inspector General. You may file a complaint online at www.socialsecurity.gov/oig, call toll-free: 1-800-269-0271, fax: 410-597-0118, or write: SSA Fraud Hotline, P.O. Box 17768, Baltimore, MD 21235.

Can you get a new social security number if you suspect that your number has been used? Maybe, but not always. The SSA will not issue a new number in the following circumstances: it was lost or stolen and no proof of damage has occurred, you are trying to avoid detection of poor credit or a criminal record, or you are trying to avoid some form of legal responsibility. However it is up to you to prove to them that your number is being used illegally, that you are not attempting to avoid credit collection or any other actions possibly pending against you.

Be proactive and try to protect and repair the damage yourself. File a report with the Social Security Administration, Federal Trade Commission and the three major credit agencies. However, without the issuance of a new Social Security Number, you are still at risk so you may want to consider using all the credit protection available to you such as placing fraud alerts on your credit report, credit freezes and consistent monitoring of your credit report. To report Identity Theft you may contact the Federal Trade Commission via telephone 1-877-438-4338.

You may find it necessary to consult with an attorney to protect your current and future benefit rights. Know your rights and stand up for them. Credit lenders or collection agents may attempt to threaten you or force you to pay for outstand debts incurred by use of your information. Consult with law enforcement officials, an attorney, the State’s Attorney General and consumer credit counseling organizations to determine what your rights and responsibilities are and you can assert them.

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Traumatic Brain Injury And Social Security Disability

admin — Fri, 21 Aug 2009 07:22:35 +0000

Sharon A Christie asked:

I am frequently asked whether someone with a Traumatic Brain Injury can get Social Security disability benefits. The answer is YES, depending on the specific facts of each case. Social Security disability benefits are not awarded based solely on a diagnosis. The key to getting these benefits is to prove that your limitations are severe enough to prevent you from working on a full-time basis.

Social Security has a very specific definition of disability. I talk to many clients who believe that because they are unable to return to their specific job they will automatically be found disabled by the Social Security Administration. This is not true.

The definition of disability that applies to Social Security claims is:

“The inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To meet this definition you must have a severe impairment(s) that makes you unable to do your past relevant work or any other substantial gainful work that exists in the national economy.” 20 C.F.R. §404.1505

What does this really mean? Basically, your medical or psychiatric condition must be so severe that it keeps you from doing any type of work on a full-time basis and has already lasted for 12 months or longer, or is expected to last that long. The determination of disability is based on the information in your medical records, reports from your treating doctors about your physical and/or mental limitations, reports from any Consultative Examinations scheduled by the Social Security Administration and your testimony at the hearing before an administrative law judge. The Social Security administration will consider whether you are capable of returning to any of the jobs that you most recently held or any other type of work. This determination of disability does not consider whether you could earn the same amount of money in other types of jobs. This determination is based solely on your physical and/or mental capabilities.

I am also frequently asked whether Social Security has some type of “partial disability” award. The answer is NO. For Social Security purposes your condition must be totally disabling for at least 12 months. However, you can still receive benefits if your condition improves and you return to work. This is called a “closed period” and means that you were unable to work on a full time basis for at least 12 months but have now recovered and can return to work. For example, if you are injured in a serious car accident you might require ongoing therapy for 18 months. After that period you may be able to return to work. You can still qualify for Social Security disability benefits for that 18 month period. You would not receive ongoing monthly benefits, however, once you can return to work.

Medical evidence of your physical and/or psychological limitations is the key to getting Social Security disability benefits. If you have been unable to work for at least 12 months or anticipate that you will be unable to work for that long you may qualify for Social Security disability. So, if this describes your situation you should apply right away.

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