Unlike the Department of Labor's definition for Worker's Compensation which allows for a partial disability, the Social Security Administration's definition of disability is a bit more involved. Social Security does not pay benefits for a partial disability. A partial disability may be a Worker's...
The Social Security Administration reviews the past fifteen years of your past relevant work history, per the Code of Federal Regulations Section 416.965. This is work that would have been performed for three months at the least, full-time, and that you had an opportunity to learn the work. Yo...
I'm not a doctor and I don't play one on TV. I will never tell you not to take your meds. However, you do need to be alert and sharp, or as is reasonably possible so, on the day of your Hearing. If your medication's side effects cause you to be groggy, unfocused or woozy to name a few, then you...
Social Security Hearings are informal. There is not a jury present, there's no judge's gavel and it is non-adversarial. There is not a lawyer present representing Social Security. However, there is a judge present with his assistant. You do not have to ‘all rise' when the judge comes in. In fa...
As this Corona Virus continues to wreak havoc on human life and the economy, there is a change of pace and hope needed in the form of a $1200 stimulus check. On March 27, 2020, the president signed the $2 trillion Corona Virus bill into law in response to the COVID-19 pandemic. Honestly, it p...
At the Federal Court level the judge reviews your disability claim, all prior appeals and your medical evidence. A judgment is made as to whether you meet Social Security's definition of eligibility for disability. If the Federal Court denies your claim you have gone as far as you can with your ...
So the Application has been filed. Now what? Filing a disability claim is not a quick and easy process. In fact you may be waiting for over a year before your claim is even rendered final decision, especially if you have to appeal before a Federal Judge. Legal representation through Disability At...
An application for disability benefits should be filed as soon as you become disabled. But here's the twist: once you've been approved as having a disability, your benefits won't begin until the 6th full month of your disability. There is a five month waiting period involved. So, on the date yo...
The Social Security Administration has decided to change a policy that has been in place for 40 years. The 40-year-old rule conditioned that if you didn't speak the language, well then that was a factor for an award of disability benefits. The old way of thinking would suppose that if you didn'...
Your Date of Last Insured (DLI) is important to know because of your disability onset date, or in other words the date you reported that you were disabled. That is, you were not able to maintain the amount for Substantial Gainful Activity or SGA anymore. (See my prior post on what SGA is). If y...
When you've finally reached the point where you are mentally and physically unable to perform regular duties in your job, including some cases where an employer has even made accommodations for you, and you are still unable to perform the regular duties of your job, you may have a case for disa...
So you are facing retirement age and you want to apply for Social Security, but have some idea that benefits may be available for your son or daughter who is disabled. If your disabled child is a minor, under the age of 18, he or she qualifies for benefits disabled or not. Those benefits will ...
Social Security will send you a form called a Function Report, after you file your application for disability benefits. In this form you explain what you can do, what you have trouble doing and lastly what you can't do anymore. After assessing your answers, Social Security will determine what's...
In order to be eligible for benefits you must be unable to work. The Social Security Administration supposes that if you're not able to work, you're not engaging in what's called Substantial Gainful Activity (SGA). For 2020, the monthly amount or SGA for non-blind persons amounts to $1260 per mo...
The Social Security Administration has a program, called Ticket to Work. It supports those ages 18-64 who want to work, and who also receive Social Security disability benefits, SSDI or SSI. This voluntary and free program is for those who are eligible and who want to advance professionally, by w...
The Social Security Administration has posted that starting Tuesday, March 17, 2020 their offices will be closed for in-person services, to protect citizens and those at especially at risk for CV-19. Their services are still available online as usual. Disability hearings will be conducted via t...
If you have any questions about any aspect of your disability claim, a denial or filing Bankruptcy, contact the Law Firm of Madeline M. McIntosh today at 469-678-7274 or [email protected].
