How is Disability Determined?

Disability is determined via a process known as Sequential Evaluation, which is explained below:

·         •   Are you employed? If you're employed and your gross earnings are over $1,010.00 in a typical month, you usually won't be regarded as disabled. If you aren't employed or your gross earnings are lower than $1,010.00 in a typical month as a result of a medical condition, then SSA will go to the next concern.

·         •   Is your condition “Severe”? Your condition needs to hinder basic job associated tasks for your claim to be considered. If your condition isn't severe, then SSA won't find you disabled. If your condition is severe, then SSA will go to the next question.

·         •   Is your condition foundwithin the selection of disabling impairments? The regulations list impairments for every one of the major body systems that are so severe that they immediately indicate that you're disabled. If your condition isn't in the list, then SSA must determine if it's of equivalent seriousness to an impairment on the list. If your condition satisfies or equates to one of the mentioned impairments, then SSA will find that you're disabled. If your condition doesn't satisfy or equate to one of the listed impairments, then SSA will go to the next matter.

·         •   Are you able to carry out thework you did previously? If your condition is severe, but not at the same or equal seriousness as a condition on the list, then SSA must determine whether the condition disrupts your capability to complete the work that you did previously or not. If your condition doesn't stop you from doing your past work, then SSA won't find you disabled. If your condition keeps you from doing your past work, then SSA will go to the next concern.

·         •   Could you do any other kindof work? If you are unable to do the task that you did in the past, then SSA decides if you can adapt to other work. SSA considers your medical conditions, your age, education, previous work experience and any transferable abilities that you might have obtained. If you're able to adapt to other work, then SSA won't find you disabled. If you can't adapt to other work, then SSA will find you disabled.

What Can An Attorney Do For You?

Social Security guidelines for assessing disability and your work history are particularly technical and complex. Social Security doesn't require an individual to be represented by an attorney.  Nevertheless, the government’s own data shows that benefits are granted much more commonly to claimants with attorneys compared to those who decided to manage their claims without the help of an attorney.
Moreover, the hearing before an administrative law judge is considered to be a legal proceeding.

Each case is unique. The role of an attorney is dependent upon the specific details of each case. Attorneys in Social Security Disability cases do far more than sit in a hearing and ask a few questions. Much pre-hearing preparation, analysis and evidence gathering go into sufficient representation for each case.

As your attorney, some of the things we may do are:
•       Collect medical or other evidence
•       Give a comprehensive assessment and explanation of your claim
•       Acquire documents from your SocialSecurity Disability file
•       Request that prior application for benefits be reopened
•       Speak to your physician to secure a report in accordance with Social Security rules
•       Help you prepare to testify at the hearing
•       Present an opening or closing statement at the hearing
•       Petition for prompt appeals to proper level of appeal
•       Seek waiver of time limit
•       Ensure that you get the appropriate amount of benefits if approved

FAQ - When Should I Contact a Disability Lawyer or Attorney?

Exactly when Must I Contact An Attorney?

You should contact an lawyer or attorney as soon as possible after the disability occurs to receive maximal Social Security Disability or SSI benefits. The earlier we are able to start working on your legal matter, so much the better your likelihood of winning.

Please note that not all lawyers practice in front of the Social Security Administration. You can expect to do best to get a hold of an attorney familiar with the complex and somewhat atypical Social Security Disability legal guidelines and procedures.

FAQ - Why Hire a Disability Attorney?

Should I Obtain An Disability Attorney?

Social Security rules for determining disability and your job history are very technical and complicated. Social Security does not require a person to be represented by an lawyer.  Nevertheless, the government’s very own figures show that benefits are awarded far more frequently to individuals with lawyers than those who chose to handle their claims without having the assistance of an attorney. Also, the hearing in front of an administrative law judge is considered a legal proceeding.

Every case is unique. The function of an attorney will be based on the particular facts of each case. Lawyers in Social Security Disability cases do a great deal more than sit in a hearing and ask a few queries. Much pre-hearing preparing, analysis and evidence assembling go into adequate representation for each case.

As your lawyer, some of the things we may do are:

• Present an opening or closing statement at the hearing
• Request timely appeals to proper level of appeal
• Seek waiver of time limit
• Make sure that you receive the correct amount of benefits if approved
  
• Obtain documents from your Social Security Disability file
• Ask that prior application for benefits be reopened
• Gather medical or other evidence
• Provide a thorough evaluation and explanation of your claim
• Contact your doctor to obtain a report consistent with Social Security rules
• Prepare you to testify at hearing

FAQ - Why Should I Apply for Disability Benefits?

Why Should I Make an Application?

You should apply for disability benefits for several causes.

•     you will be eligible for Medicare health insurance or Medicaid according to the kind of Social Security benefit
•     you may receive cost of living increases each 12 months to your once a month disability benefit
•     you may profit from tax advantages or get your benefits tax-free
•     you may guard any coming future Social Security benefits (Retirement or Survivors benefits if qualified)
•     you may be eligible for work incentives or vocational rehabilitation training programs to assist you in returning to work
•     your spouse or kids may be eligible for benefits on your record.

What Social Security Administration Benefits Are Available?

There are two types of benefits, Social Security Disability and Supplemental Security Income. Social Security Disability is paid to disabled workers, and in some cases their dependents, based on the disabled worker's earnings paid into the Social Security system. Supplemental Security Income is paid to disabled individuals that have little or no work history, and is based on financial need.

You may qualify for Social Security Disability Benefits if you:

• are disabled and worked/earned enough credits to become insured
• were disabled before the age of 22 and either of your parents is disabled or deceased, and earned enough credits to become insured
• are a disabled widower or widow between the ages of 50 and 60 and your deceased spouse earned enough credits to become insured

Being disabled as an adult means that you have a physical or mental condition that:

• is expected to result in death
• has lasted or is expected to last for more than 12 months
• results in the inability to perform substantial gainful activity (earning less that $1,010 in an average month)

You may qualify for Supplemental Security Income (SSI) Payments if you:

• are a U.S. citizen or national, or in one of certain categories of aliens and is a resident of one of the 50 States, Washington D.C., or the Northern Mariana Islands
• are not absent from the country for a full calendar month or for 30 consecutive days or more
• apply for any other cash payments or benefits (Social Security benefits, pensions, etc)
• are age 65 or older
• are blind (vision acuity of 20/200 or less in your better eye with use of a correcting lens) or disabled
• have limited income
• have limited resources
• file an application
• meet certain other requirements

 

FAQ - Do I Qualify for Social Security Administration Benefits?

Do I Qualify?

There's always a question here at Kassin & Carrow of whether you may qualify for benefits from the Social Security Administration. We work to help you find out quickly. The benefits will differ depending upon your unique and individual situation.

You may qualify for Supplemental Security Income (SSI) Payments if you:

• are age 65 or older
• are a U.S. citizen or national, or in one of certain categories of aliens and is a resident of one of the 50 States, Washington D.C., or the Northern Mariana Islands
• file an application
• meet certain other requirements
• are blind (vision acuity of 20/200 or less in your better eye with use of a correcting lens) or disabled
• have limited income
• have limited resources
• are not absent from the country for a full calendar month or for 30 consecutive days or more
• apply for any other cash payments or benefits (Social Security benefits, pensions, etc)

Being disabled as an adult means that you have a physical or mental condition that:

• is expected to result in death
• has lasted or is expected to last for more than 12 months
• results in the inability to perform substantial gainful activity (earning less that $1,010 in an average month)

You may qualify for Social Security Disability Benefits if you:

• are disabled and worked/earned enough credits to become insured
• were disabled before the age of 22 and either of your parents is disabled or deceased, and earned enough credits to become insured
• are a disabled widower or widow between the ages of 50 and 60 and your deceased spouse earned enough credits to become insured