There are several factors that will affect whether or not you can receive Social Security disability benefits. Some of these factors you can control and some you can't.
AGE: While persons of all ages get disability benefits, it is clear that persons who are age 50 or older have an advantage.
EDUCATION: Education generally prepares a person to work. Individuals with more education may have access to more jobs than individuals who have limited education. Thus, a highly educated person may have more of a challenge with a disability claim.
PAST WORK EXPERIENCE: A highly skilled person is able to perform jobs that the unskilled person cannot. Therefore, skilled jobs may be lighter work or less physically demanding than unskilled jobs.
MEDICAL IMPAIRMENT(S): All claimants must have a severe, medically determinable impairment that interferes with the ability to work on a full-time basis. Medical evidence of such impairment(s) will be required.
WHICH JUDGE HEARS YOUR CASE: If your case goes to appeal, you will appear before an Administrative Law judge (ALJ). You would think that since the judge reviews the same evidence and follows the same rules, the process would be consistent. It isn't. Each judge approaches a hearing slightly differently. Each judge will apply his or her judgment in making a decision as to whether or not you are disabled. Some judges approve a higher percentage of cases than others. We cannot pick our judge; they are assigned randomly. But the judge you are assigned to will definitely have a bearing on your odds of receiving an award.
Please see my website for more information on Social Security disability and how we may be able to help.
FORSYTHE FIRM: SOCIAL SECURITY JUSTICE
HELPING HONEST, HARD WORKING PEOPLE GET THE DISABILITY BENEFITS THEY DESERVE. WE WORK TO GET YOU MAXIMUM BENEFITS AS QUICKLY AS POSSIBLE. Phone (256) 799-0297.
Sunday, October 22, 2017
CAN YOU QUALIFY FOR A DISABILITY CHECK?
1 out of 4 adults will become disabled prior to the age of 65. If these individuals have worked and paid into the Social Security trust fund, they may be able to receive a monthly disability check.
Here are the basic requirements to be found disabled by Social Security:
1. You have a severe, medically determinable impairment which has lasted, or is expected to last for at least 12 consecutive months OR to end in death. (No short term disability benefit).
2. Your impairment prevents your ability to perform any of your past work or any other work available in substantial numbers in the United States economy. (The requirements are a bit easier for persons age 50 and over).
For purposes of determining whether you can perform any past work, Social Security looks at full-time jobs you performed during the 15 years immediately prior to file for disability. Work that you did more than 15 years ago is not considered "past relevant work."
There are dozens of pages of forms, questionnaires and interrogatories involved in a disability application. Denials can occur if the application is hastily prepared or simply not prepared correctly. I help my clients file the initial application because I want it to be complete, accurate and well prepared. This gives us the best chance of approval at the initial level--saves time and may get the client paid sooner.
As with most things, the devil is in the details. Social Security frequently finds that the claimant's impairments are not severe enough to prevent all work, therefore, will deny the claim. This is a very common occurrence--the rule and not the exception. When your claim is denied, you file an appeal within 60 days and get ready for a hearing before an administrative law judge. The average person will need help with this appeal because the hearing that follows is a complicated legal proceeding.
I prepare the evidence for the appeal hearing, in which both I and the claimant will appear. I meet with the claimant a few days before the hearing to prepare him or her for the appearance. At the hearing, I am there to assist with presenting evidence, making arguments or answering questions. My job is: Make sure the claimant has every opportunity to win the case and get maximum benefits available under the Social Security regulations.
Click on the Forsythe Firm website to find out more about how good representation may help you with your disability claim.
LEARN MORE ABOUT HOW WE CAN HELP YOU
Here are the basic requirements to be found disabled by Social Security:
1. You have a severe, medically determinable impairment which has lasted, or is expected to last for at least 12 consecutive months OR to end in death. (No short term disability benefit).
2. Your impairment prevents your ability to perform any of your past work or any other work available in substantial numbers in the United States economy. (The requirements are a bit easier for persons age 50 and over).
For purposes of determining whether you can perform any past work, Social Security looks at full-time jobs you performed during the 15 years immediately prior to file for disability. Work that you did more than 15 years ago is not considered "past relevant work."
There are dozens of pages of forms, questionnaires and interrogatories involved in a disability application. Denials can occur if the application is hastily prepared or simply not prepared correctly. I help my clients file the initial application because I want it to be complete, accurate and well prepared. This gives us the best chance of approval at the initial level--saves time and may get the client paid sooner.
As with most things, the devil is in the details. Social Security frequently finds that the claimant's impairments are not severe enough to prevent all work, therefore, will deny the claim. This is a very common occurrence--the rule and not the exception. When your claim is denied, you file an appeal within 60 days and get ready for a hearing before an administrative law judge. The average person will need help with this appeal because the hearing that follows is a complicated legal proceeding.
I prepare the evidence for the appeal hearing, in which both I and the claimant will appear. I meet with the claimant a few days before the hearing to prepare him or her for the appearance. At the hearing, I am there to assist with presenting evidence, making arguments or answering questions. My job is: Make sure the claimant has every opportunity to win the case and get maximum benefits available under the Social Security regulations.
Click on the Forsythe Firm website to find out more about how good representation may help you with your disability claim.
LEARN MORE ABOUT HOW WE CAN HELP YOU
CONCENTRATION, PERSISTENCE AND PACE - ISSUES THAT CAN WIN YOUR DISABILITY CLAIM
I always go into disability hearings prepared to talk about CPP--Concentration, Persistence and Pace. If a claimant suffers from pain, fatigue, depression, anxiety or any other psychological issue, chances are he or she has issues with CPP. Let's look at these terms and discuss how they affect the ability to work, hence how thy affect disability claims.
Concentration is merely the ability to stay focused on tasks long enough to complete them in a timely manner. A person suffering from pain, depression or some other mental impairment may not be able to keep his mind on his work. He may be easily distracted, have difficulty following directions or require too many breaks. Social Security usually will concede that a person must be able to concentrate up to two hours at a time and sufficiently to complete an 8-hour work day on a regular basis. Otherwise, there is no work they can perform and they are disabled.
Persistence is the ability to work 8 hours a day, 5 days per week on a "regular and consistent basis." Pain, fatigue or other factors can make this difficult or impossible. A person who will be absent 2 or 3 days per month (or more) due to medical impairments will not have the persistence for full-time work. A person who can only work 5 or 6 hours a day lacks the persistence to work a full 8-hour day and is, therefore disabled.
Pace means the ability to perform work activities on a regular schedule and in a timely manner to keep up with the demands of the job. For example, an individual may be able to perform the same work as other workers, but if he needs twice as much time to get the same work done, he fails the "pace" requirement. Most jobs provide 3 breaks during an 8-hour workday: 2 fifteen minute breaks, plus a half hour lunch period. If a worker requires all of these breaks plus others on a regular basis, she may fail the "pace" requirement for full-time work and be found disabled.
This is one example of how a representative who knows Social Security regulations, and terminology, can use a claimant's impairments to prove disability. Naturally, such allegations must be supported with medical evidence.
Contact the Forsythe Firm if you need to file for Social Security disability, have recently been denied, or have an appeal hearing in your future.
LEARN MORE ABOUT OUR ADVOCACY FIRM
Concentration is merely the ability to stay focused on tasks long enough to complete them in a timely manner. A person suffering from pain, depression or some other mental impairment may not be able to keep his mind on his work. He may be easily distracted, have difficulty following directions or require too many breaks. Social Security usually will concede that a person must be able to concentrate up to two hours at a time and sufficiently to complete an 8-hour work day on a regular basis. Otherwise, there is no work they can perform and they are disabled.
Persistence is the ability to work 8 hours a day, 5 days per week on a "regular and consistent basis." Pain, fatigue or other factors can make this difficult or impossible. A person who will be absent 2 or 3 days per month (or more) due to medical impairments will not have the persistence for full-time work. A person who can only work 5 or 6 hours a day lacks the persistence to work a full 8-hour day and is, therefore disabled.
Pace means the ability to perform work activities on a regular schedule and in a timely manner to keep up with the demands of the job. For example, an individual may be able to perform the same work as other workers, but if he needs twice as much time to get the same work done, he fails the "pace" requirement. Most jobs provide 3 breaks during an 8-hour workday: 2 fifteen minute breaks, plus a half hour lunch period. If a worker requires all of these breaks plus others on a regular basis, she may fail the "pace" requirement for full-time work and be found disabled.
This is one example of how a representative who knows Social Security regulations, and terminology, can use a claimant's impairments to prove disability. Naturally, such allegations must be supported with medical evidence.
Contact the Forsythe Firm if you need to file for Social Security disability, have recently been denied, or have an appeal hearing in your future.
LEARN MORE ABOUT OUR ADVOCACY FIRM
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