Social Security
Click on Icon above and go to their home page to find out about benefits, how to apply and download forms.
This is a breakdown of the important things you should know regarding ssn.
Being totally disabled means:
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Unable to perform any substantial gainful activity
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By reason of a medically determinable impairment
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That has lasted, or is expected to last, at least one year, or result in death.
The focus is on "function"
The Programs- Social Security Disability
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Must be totally disabled;
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Worked and paid FICA taxes for at least 20 quarters of the 40 before onset of disability;
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Monthy benefits to claimant and eligible dependents;
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Annual COLAs;
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Medicare eligibility 29 months after onset date;
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Protects retirement account.
Supplemental Security Income (Title XVI)
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You must be totallydisabled;
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Must be indigent-single indivdual can not have more then $2000.00 in non-exempt resources;
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2003 benefit level is $552.20 per month- still about 25% below poverty level;
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Spouse's assets and income are deemed;
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Medicaid and food stamps.
The Analysis (How to climb the SSA ladder)
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Involved in SGA?
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Severe Impairment?
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Meet or equal the listings?
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Able to perform past relevant work?
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Other jobs considering age, education, work skills and residual functional capacity?
Sarcoidosis
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No listing for Sarcoidosis.
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Look to the systems involved with disease.
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Lungs-Pulmonary function tests; arterial blood gases.
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Do medical records reflect symptoms such as fatigue and dyspnea?
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Side-effects of treatment.
Step 5: Ability to function at other work.
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Focus is on residual function capacity- what activities can be performed despite the impairments?
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Medical records must document symptoms.
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Issue is ability to work 5 days/wk; 8 hours/day.
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Side effects of treatment?...Pain, fatigue, depression?
These Claims can be won!
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Must be seeing doctors regularly.
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Must be describing symptoms.
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Seek medical health counseling, if needed.
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Persevere!!
Clinical records are the focus
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Medical records must document symptoms.
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Medical reports- Doc needs to be supportive.
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Specialists v. Generalists.
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Objective v. Subjective symptoms.
How to apply for benefits
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Initial application
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Reconsideration
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Administrative law judge hearing
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Appeals court
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United States district court
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United States court of appeals
Cutting through the red tape
- Whenever possible, go to District Office.
- Send all mail cerftified, return receipt requested.
- File all appeals AS SOON AS POSSIBLE.
- Keep SSA advised of address changes, medical condition.
- Keep copies of all paperwork.
Continuing disabilty reviews (CDRS)
- Issue is "Medical improvement sufficient to allow return to work"
- Millions to be reviewed
- More SSA surveillance
Returning to work: Title II (SSDI) rules
Trial work period
- Can be paid for work and still collect benefit check.
- Allowed 9 months out of any 60 month block of time.
- $570.00 in gross income is a trial work period month.
- Will increase annually with cost of living.
- Obligation to report to SSA.
Additional protection after trial work period
Extended period of eligibility
- Lasts for 38 months after TWP.
- If less then $800/month benefits continue.
- Extended Medicare.
Supplemental security income (Title 16) Rules
- Work income offsets benefits.
- After $85.00 exclusion SSI grant is reduced by $1.00 for every $2.00 earned.
- Additional exclusions for impairment-related work expenses.
- PASS programs can be set up with the local office.
- Avoid overpayments: Report to SSA.
What is "Work" and what are "Earnings"
- Sheltered workshop
- Sympathetic employers
- Job coaching
- Impairment related work expenses
Recent Updates
- "Ticket to work" gives choice of vocational rehabilitation providers and programs; No CDRs while enrolled.
- OHA backlogs increasing nationwide
- www.ssa.gov
- www.fibrohugs.com (USA Law button); also American Pain Foundation "Pain Aid" website
This document was written by Jeffery A. Rabin & Associates, LTD (A law firm that specializes in SSN cases and appeals).
