In my commitment to stay up-to-date so that I can effectively represent my clients, yesterday I attended an all-day seminar on Social Security Disability. The seminar included ten different sessions on diverse topics such as medical evidence and medical experts, vocational testimony and vocational experts, electronic records and electronic filing, the sequential evaluation regarding finding of a disability, what does a judge want at the administrative hearing, and appeals.

The speakers were top-notch and included the Hon. David W. Engel, chief U.S. administrative law judge at the Office of Disability Adjudication and Review in Tulsa; the Hon. Jeffrey W. Wolfe, U.S. administrative law judge in Tulsa; the Hon. Joan Parks Saunders, region VI chief administrative law judge from Dallas; and Len Witt, Director of the Tulsa hearing office.

Next, the Social Security office will send your application to the Disability Determination Division (DDD). The Social Security Administration employs the DDD, a division of the Oklahoma Department of Rehabilitation Services, to make a disability determinations regarding Oklahoma residents. DDD personnel, consisting of a physician and a disability adjudication specialisit, will review all of the facts in your case, using medical information from your doctors, hospitals, clinics, and other places where you have been treated.

Lastly, once a decision has been made regarding your application for disability benefits, you will receive a written notice from the Social Security Administration. If your application has been approved, the notice will advise you of the benefit amount and when payments will begin. If your application has been denied, the notice will explain why.

If you or a loved one has had a Social Secuirty disability application denied, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.

1. Social Security Disability Insurance (SSDI), and
2. Supplemental Security Income (SSI).

The medical requirements that determine who is eligible for disability payments is the same under both programs.

SSDI is a disability insurance program funded by a portion of the FICA taxes a worker and employer pay on the worker’s earnings over a qualifying period of time. Certain family members can also receive benefits based on a worker’s contributions.

SSI is an income support program with payments based on financial need. Children may be eligible for SSI if they are unable to do age-appropriate activities and their family has limited income and resources.

Disability payments under the Social Security system are based on inability to work. Individuals are considered “disabled” if they are unable to do any kind of work for which they are suited and their disabilities are expected to last for at least a year or to result in death.

If you or a loved one has had a Social Secuirty disability application denied, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.

The fact sheet is available as a pdf document here.

Source: Colorado Social Security Disability Law Blog.

The average wait for an appeals hearing is now 500 days, up from 258 days in 2000. The agency currently has 1,025 working judges and has plans to add at least 150 more. Without the new judges, federal officials say the wait time for a hearing is expected to grow even longer, the story says.

About two-thirds of the roughly 2.5 million disability applicants are initially rejected. More than 575,000 file appeals, and about two-thirds of those win.

The New York Times reported the case of Mark Wild, who had severe diabetes that required frequent hospitalizations. He had to drop out of culinary school because he had to go to the hospital so often and had lost jobs as a waiter and cook. His initial disability application was rejected in 2003.

Wild’s parents got a call from his lawyer in October 2006, who said the disability had finally been approved. It was too late. His parents learned two hours later that Mark Wild had been found dead from a self-inflicted gunshot wound.

“No one can say for sure, but we’re convinced that his despondency and fear about the disability decision contributed to his death,” said his mother, Vicki Wild.

Source: New York Times.

In detail, what does this really mean, as far as the Social Security Administration is concerned?

First, a person’s medical records must indicate the presence of an impairment, or several impairments, either physical or mental in nature.

Second, the impairment must be severe enough that it prevents a disabled individual from working, or if they continue to work, prevents the person from earning more than $900.00 each month. This amount is referred to by the Social Security Administration as SGA, or substantial gainful activity. It is important to note that this amount is before taxes.

Third, the impairment must last at least twelve calendar months or be projected to last that long.

Therefore, applicants for Social Security Disability should realize the following:

A claimant may fit the definition of disability and be considered eligible for Social Security Disability on the basis of one impairment, or on the basis of several impairments. But the condition must be severe enough to significantly affect the ability to work. This means the impairment must last at least twelve months, or be expected to last that long. It also means that while “back conditions” usually fall into the severe category, “wrist and ankle sprains” seldom qualify as severe disabling conditions.

A disabled individual may be working when they apply for Social Security Disability, and may continue to work even after they have been approved—as long as they do not earn more than the SGA amount. The SGA amount changes periodically, but currently it is $900.00 per month. It is important to remember this is a gross income amount, i.e. before taxes have been deducted.

A person earning more than the SGA amount who applies for Social Security Disability or SSI benefits will, essentially, be denied the same day without having their impairments or medical records even considered. This is referred to as a “technical denial”.

The specific answer to Question One, however, is this: in the eyes of the Social Security Disability and SSI programs, a person is considered disabled when:

They have a severe impairment that has lasted, or will last, twelve months.

They are unable to perform work (work they have done in the past) while earning in excess of $900.00 per month.

They are unable to perform other types of work, typically work related to their past work (for example, a car mechanic might be expected to switch to motorcycle engine repair if the job duties are similar enough).

When a Claimant passes this litmus test, they are considered disabled and eligible for Social Security Disability or SSI benefits.