3 REASONS WHY YOU CAN'T WORK

Social Security has a 5 step sequential process to determine disability. In preparing your claim we look at all 5 steps and develop a factually based approach to meet each step.

Advocates are trained to try to have 3 reasons why the claimant cannot work at any past work or other work. Of course, medical evidence must support those reasons.

Since we know what evidence Social Security will look for, it makes it easier to build the case. We simply have to be sure that each of the 5 steps are covered with good reasons why the claimant cannot perform work related functions.

A "fully favorable" claim is one that awards the claimant all of his/her benefits, including all of the back pay entitled.

Comments

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities. This helps them to decide whether the claimant is disabled according to their rules. They use a form called "Function Report - Form SSA-3373-BK" or one very much like it. Be careful how you answer the questions on this form. Strive to be accurate but also descriptive. Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other? ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare f...

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security. Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work. Fox News did nothing to set the record straight. The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse. In 1996, Congress passed Public Law ( P.L. ) 104-121—which terminated benefits for Supplemental Security Income ( SSI ) and Disability Insurance ( DI ) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Social Security will currently not award benefits to persons becau...

TAKE A HARD LOOK AT SOCIAL SECURITY BEFORE YOU FILE!

Considering a Social Security disability claim? Take a hard look at it before deciding. If you have a choice, you probably don't need to apply. Some things to consider: 1. It will probably not be an easy or short process. It will take about 4 months to get your initial decision and 70% of those are denials. If you must appeal, expect a wait time of an additional 18 months after you file the appeal. So, you may be looking at 2 years or more in many cases. 2. You will need good medical evidence. If you have little or no evidence from a doctor, it isn't likely you will ever be approved. 3. You cannot apply for SSDI while you are working and earning at least $1,170 a month. This work will disqualify you. Many people don't realize they will have to stop working to apply for SSDI. That's why we say, "If you have a choice, you probably don't need to apply." If working is an option, it's the best option. 4. Th...

DISABILITY BENEFIT RECOVERY

Search This Blog