Social Security Disability

This is where many claimants go wrong. I cannot tell you how many times I have spoken with Social Security disability claimants who received an unfavorable Notice of Determination or Notice of Reconsideration, and then failed to take immediate action. It happens for many reasons. They put the letter aside out of frustration or despair. The claimant …

Note: SSR 06-03p was Rescinded by Federal Register Notice Vol. 82, No. 57, page 15263, effective March 27, 2017 SSR 06-03p is a Policy Interpretation Ruling in SSDI and SSI disability claims titled ‘Considering Opinions and Other Evidence from Sources Who Are Not “Acceptable Medical Sources” in Disability Claims; Considering Decisions on …

It doesn’t happen very often, but every now and again a claimant will ask me if the Social Security Administration conducts surveillance to use against the claimant in processing continuing disability review (“CDR”) claims. Up until this weekend, I would have said, “No. Although possible, I have never heard of the Social Security Administration …

Applicants and claimants for Social Security disability claims often ask me whether they “really” need an attorney to represent them through the application and approval process for benefits. I would never state that you need to hire an attorney because a claimant may go through the entire appeals process without an attorney or other …

The definition of disability for Social Security claims is different from the definitions of disability used by insurance companies like New York Life or Unum. Social Security pays only for total disability. No benefits are payable for partial disability or short-term disability. For all individuals applying for disability benefits under Title …

Once your Social Security Disability hearing is completed, the Administrative Law Judge (“ALJ”) will issue a written decision. The length of time it will take to issue the decision depends on the individual Judge. In the Pensacola, FL / Mobile, AL area, the time ranges from just a couple weeks to over six months. The …

When a person files a claim for disability benefits with the Social Security Administration, they will be asked, “What is the Alleged Onset Date of your disability?” I like to explain to my clients that it is more of a legal term than a medical one. What Social Security is really asking is, “When did …

We are often asked, “Can a Social Security disability attorney speed up my case?” The answer is yes. There are many advantages to having an attorney represent you in the Social Security Disability process, from the initial application to appeals. Below we will discuss several ways that having a disability attorney represent you might help …

Frequently Asked Question: I have a college education. I’ve heard one’s education level impacts a claim for Social Security disability benefits. Does my education keep me from being eligible for disability benefits? Answer: The Social Security Administration (SSA) evaluates applications for SSDI and SSI disability in two ways: The Listing of …

If the Appeals Council denies your request for review of your Social Security disability claim and you disagree with the decision, or if the Appeals Council decides not to review your claim for Social Security disability benefits, you can file a civil lawsuit in a federal district court. This begins the last level of the …

The Social Security Administration (“SSA”) will review your application to make sure you meet some basic requirements for Social Security disability benefits and evaluate any current work activities. If you meet these requirements, Social Security will send your application to the Disability Determination Services (“DDS”) office in your …

The first thing you should do if you’ve received a denial letter in your Social Security disability claim is read the letter! I know this seems obvious, but I’ve spoken with countless claimant who were so mad or frustrated that they threw the letter in a drawer or into the trash. What these claimants fail …

When you apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, Social Security considers all the medical records and other evidence in your case before it makes any decisions on your eligibility for benefits or your benefit amount. When Social Security makes a decision on your claim, it will send you …

What Is a Trust? A trust is a legal arrangement regulated by State law in which one party holds money and/or property for the benefit of another. In certain situations, a trust can be set up for an SSI recipient. A trust can contain: How Does a Trust Affect My SSI Benefits? If you use …

Social Security Disability Insurance is not an alternative unemployment program of benefits. Any factor that is not related to the claimant’s disability is not relevant to a disability determination. This includes an individual’s inability to find a job in a weak economy with few job vacancies or that an employer would not be likely to …

The first step in evaluating a Social Security disability claim is determining whether a claimant is performing “substantial gainful activity” or SGA. The Unsuccessful Work Attempt According to Social Security’s regulations, work you have done will not ordinarily show that you are capable of performing substantial gainful activity if, after working …

Sometimes perception does not meet reality. This post is in response to a comment in a local newspaper. In the “Spout Off” section of the Northwest Florida Daily News, a commentator complained: “There are more people going on disability than getting jobs. Apparently it is easier to qualify for disability than get a job.  Something …