DISABILITY BENEFIT RECOVERY

I am sickened when I hear journalists or critics of the Social Security disability program making outrageous statements.  One of the current hot buttons is the claim that Social Security disability has become "a shadow unemployment benefit program."  This is just such hogwash! Social Security disability is governed by a complex system of federal regulations, consisting not only of the Social Security Act but Parts 1-99 of the 20 Code of Federal Regulations (20 CFR).  These regulations have set up mandatory processes and rules of evidence which absolutely prohibit disability benefits to anyone who is not (a) a worker insured under the Social Security Act (b) unable to work at any substantial gainful activity (c) disabled for at least 12 consecutive months and (d) able to provide objective medical evidence proving the disabling condition.   From the time of application, the typical process to get approved for Social Security disability can take 24 to 36 m...

Disability is very difficult to plan for.  It is almost as depressing as pre-planning your own funeral, so it's no wonder that most people just don't think about it.  However, the time to plan for disability is now--before it happens to you.  Some facts to consider: First, you can't gradually transition from work to Social Security disability benefits.  If you are working an d earning more than $1,090 per month, there is no disability benefit from Social Security.  You have to quit working to apply. Second, the first 5 full calendar months of disability are not covered by Social Security.  That means you need to be prepared for a minimum of 6 months of no income. Third, short-term disabilities that are expected to last less than 12 consecutive months are not covered by Social Security.   Fourth, about two-thirds of all Social Security disability applications are denied.  The appeal process will probably take between 12 and 24 months, durin...

You attended a hearing on your Social Security disability claim.  A few weeks later, you receive a Notice of Decision in the mail that says you have received a decision that is PARTIALLY FAVORABLE.  Does this mean that you are only partially disabled, not fully disabled? ANSWER:  No.  Social Security does not make awards for partial disability.  You are either disabled or not disabled.  There is no such category as "partially disabled" within Social Security law. A "partially favorable" decision means that the administrative law judge has found you to be disabled.  However, he or she has changed some material fact in your application.  Most often, this change involves the established onset date--the date you were found to have become disabled.  For example, in your application you may have alleged that you became disabled on June 1, 2012.  After reviewing the facts of the case, the judge may have decided that you did no...

An "expert" is anyone with a briefcase who is at least 50 miles from home.  There are millions of "experts" on Social Security disability these days.  Everywhere you look someone has a new "report" about Social Security disability and a new theory about how easy disability benefits are to get and how the Government is just handing out benefits to one and all. I can't respond to each and every myth, rumor or lie about disability benefits.  But I have chosen two or three that especially burn my biscuits. MYTH, RUMOR OR LIE # 1.  It's quick and easy to get Social Security disability benefits.  The truth is, even if you have a legitimate disability that can be medically proven, and even if you meet all the requirements set forth in the Social Security Act, the 20 Code of Federal Regulations, etc., it will probably take 18 to 24 months to get on disability.  You will be questioned, examined, poked, prodded and interrogated until you almost wish you...

Use This Link to Contact a Disability Advocate   You Must File a Timely Application.  You must apply for Social Security disability benefits within 5 years after you stop working.  Your insured status will expire, making a new claim impossible.  If there are gaps in your work history, you may have even less time to file a new claim.  Don't wait too long to file after you stop working. You Must Have Enough Quarters of Work.  You become an insured person under the Social Security Act by working and paying FICA taxes.  Most adults need 20 quarters of work to be covered.  These 20 quarters generally must have been accumulated within the most recent 10 year period prior to filing a claim.  Very young individuals might need less than 20 quarters of work. Your Disabling Condition Must Last At Least 12 Months.  Short term disability lasting less than 12 consecutive months is not covered by Social Security.  You must have...

Veterans may get expedited claim processing for Social Security disability benefits. To get expedited processing, veterans must self identify and have a 100 percent permanent disability rating from the Veterans Administration. By "self identify," we mean that the veteran must inform Social Security of their 100 percent VA disability rating at the time the application is filed.  We recommend sending a copy of both your DD-214 form and your VA awards letter that shows the percentage of disability award. Does a 100% VA disability award guarantee approval of Social Security benefits?  No.  While a VA award does not automatically qualify for Social Security disability benefits, it does qualify for a much faster processing time--that is, a much quicker answer.  And, since the VA disability evaluation is similar to the Social Security evaluation process, the VA award can work in your favor. If a vet receives Social Security disability benefits, will it redu...

If you were recently the subject of a disability hearing, the administrative law judge and the vocational witness probably used the term SVP quite a few times.  What is it and what does it mean? SVP stands for Specific Vocational Preparation - and it defines the amount of time required to train for and learn a specific job.  The higher the SVP number, the more time time required to prepare for how to perform the job; therefore, the more skilled the job is.  For instance, the job of silverware wrapper has an SVP of 1, while the job of brain surgeon has an SVP of 9. At Step 5 of the decision making process, the judge will ask the vocational expert to respond to a certain set of hypothetical questions regarding the claimants age, education, past work experience and residual functional capacity.  The expert will often respond with examples of jobs that he or she feels are appropriate for the hypothetical situations.  If the judge agrees that the claimant can sti...