Social Security Table » Met http://social-security-table.com Mon, 28 Dec 2009 03:53:48 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Social Security Disability: What is a Disability? http://social-security-table.com/social-security-disability-what-is-a-disability/ http://social-security-table.com/social-security-disability-what-is-a-disability/#comments Tue, 01 Dec 2009 06:22:48 +0000 admin http://social-security-table.com/social-security-disability-what-is-a-disability/
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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Attorneys who represent Social Security disability claimants generally do so under a “contingency fee agreement.” That is, the client does not pay the attorney unless and until the case is resolved and Social Security benefits have been awarded. A representative who wants to charge or collect a fee from a claimant for services provided in any proceeding before the Social Security Administration (SSA) under the Social Security Act (the Act), must first obtain SSA’s authorization. To do so, a representative must use one of two mutually exclusive fee authorization processes: the fee agreement process or the fee petition process. Under the fee agreement process, an attorney can collect no more than 25% of of back benefits recovered, or $5,300, whichever is less. If the attorney is unsuccessful in obtaining benefits, there is no charge.

Fee Agreement Process Before SSA decides the claim, the representative or the claimant may file a fee agreement. Generally, SSA will approve an agreement (under § 206(a)(2)(A) of the Act) if the other statutory conditions are met and no exceptions apply. If SSA approves the fee agreement and no one requests administrative review, the fee specified in the agreement is the maximum fee the representative may charge and collect.

Fee Petition Process After the representative’s services in the case have ended, he or she may petition for a fee. SSA reviews the fee petition and authorizes a “reasonable” fee (under §206(a)(1) of the Act) for the specific services provided.

A fee agreement is a written statement signed by the claimant and his or her appointed representative specifying the fee the representative expects to charge and collect, and the claimant expects to pay, for services the representative provides in pursuing the claimant’s benefit rights in proceedings before the Social Security Administration (SSA). For SSA to approve a fee agreement, the representative must submit it before the date of the first favorable determination or decision SSA makes on a claim after the representative’s appointment. If the representative does not submit a fee agreement by that date, SSA assumes the representative either will file a fee petition or waive a fee.

If the representative submits a fee agreement before the date SSA makes a favorable decision, SSA will approve the fee agreement at the time of the favorable decision if the statutory conditions for approval are met and no exceptions to the fee agreement process apply. Once SSA approves the fee agreement, the fee specified in the agreement is the maximum fee the representative may charge and collect for all services in the claim.

A fee petition is a written statement signed by a claimant’s representative requesting the fee the representative wants to charge and collect for services he or she provided in pursuing the claimant’s benefit rights in proceedings before the Social Security Administration (SSA).

SSA presumes that the representative will either file a fee petition or waive his or her fee if the representative does not file a fee agreement before the date SSA makes the first favorable determination or decision. A representative who elects to use the fee petition process generally files the petition after his or her services in the case have ended. Based on this petition, SSA will authorize a reasonable fee for the specific services provided.

The fee agreement and fee petition process are not interchangeable. However, if a representative elects the fee agreement process but SSA does not approve the agreement, or if an SSA reviewing official upholds a disapproval of a fee agreement on administrative review, the representative must file a fee petition if he or she wants to charge and collect a fee for their services.

The Social Security Act and SSA regulations prohibit representatives from charging or collecting any fee for representational services that SSA has not authorized, or that is more than the maximum amount SSA authorized. Any representative found to have charged or collected an unauthorized fee may be suspended or disqualified from practice before SSA and will be barred from appearing before SSA until full restitution is made. The representative also is subject to fines and imprisonment

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