How-To Guide To Your Social Security Disability Claim

How To Guide To Your Social Security Disability Claim

There are two Programs:

Title II (T2):

  • Disability insurance benefits
  • 5 month waiting period
  • Medicare after two year waiting period
  • Dependents benefits
  • Benefits can reach back 1 year before application

Title XVI (T16):

  • Supplemental Security Income limited to Legal maximum
  • No waiting period for benefits
  • No benefits before date of application
  • No dependents’ benefits
  • Medicaid with no waiting period

You can apply:

(1) In person at local SSA office (T16 or T2)
(2) Online at SSA.gov (T2)
(3) By telephone at 1-800-772-1213 (T2)

Requirements:

(1) Not involved in “substantial gainful activity” since onset
(2) “Severe” medically determinable impairment
(3) Either meet a “Listed” Impairment or have a “Residual Functional Capacity” which precludes any work on a “regular and sustained basis”
(4) Can’t return to any work you have done in the past 15 years
(5) Can’t go to work in any other type of job (including very simple, unskilled, sedentary jobs)

Procedures:

  • Initial application with SSA
  • If denied, must ask for “Reconsideration” within 60 days.
  • If denied, must file “Request for Hearing” within 60 days.
  • You will receive at least 75 days’ notice of your hearing.
  • SSA has no requirement to complete any of these steps within a time limit.

Tips to Help Your Case:

(1) Get as much medical treatment for your condition as you can. Medical records which include “objective findings” to document your “medically determinable impairment” are a major key. Additionally, medical records should reflect the “functional limitations” which arise from your impairment; your doctor will record your symptoms based on your complaints to the doctor.

(2) If you move, get married, get divorced, take a job, have a baby, file a tax return – please let your representative know. This may affect your case.

(3) Keep track of your treatment information (Doctor’s name, office address, phone number and fax number) as well as your day to day symptoms. The Judge will be looking to understand your abilities in terms of sustaining activity for 8-hour days, 5 days a week. Abilities considered include:

  • Standing
  • Sitting
  • Walking
  • Lifting
  • Carrying
  • Pushing/pulling
  • Handling/fingering
  • Gripping
  • Reading
  • Exposure to irritants, heat, cold, dangers, noise
  • Handling stress
  • Retaining information/learning new information
  • Interacting with others
  • Maintaining focus and attention
  • Maintaining adequate pace

FREE CONSULTATION:

Contact our local office today to schedule a free case review.

Super Legal Team - Affleck & Gordon
Super Legal Team – Affleck & Gordon

Affleck & Gordon Settlements in Workers’ Comp Cases

$1,250,000.00
A 32-year-old roofer who slipped and fell off a wet roof and suffered a severe L1 burst fracture and after multiple stabilization surgeries was diagnosed with persistent paraplegia. (A home and a van).

 

$677, 109.00
A 47-year old salesman involved in an auto accident suffered a broken back, fractures to ribs, left wrist and hand, a punctured lung and head and facial injuries.

 

$629,014.00
A 54-year-old insurance billing specialist suffered neck and back injuries when she tripped and fell climbing metal stairs and underwent neck and back surgery. As a result of her debilitating injuries, she developed major depression and anxiety.

 

$619,055.00
A 50-year old forklift driver was lifting pallets with his forklift when some pallets fell onto him, causing a skull fracture, punctured eardrums, broken jaw, lower back strain, dislocation of his right shoulder and severe dental problems.

 

$606,586.00
A 44-year-old maintenance worker injured his low back while removing a large wooden swing set and underwent a lumbar decompression and fusion at L3-5. Not being able to work or perform upkeep around his own home, he fell into depression as a result.

 

$573,417.00
A 34-year old counter salesman was carrying pipe on his shoulder when a wire reel fell in front of him causing him to twist his back and worsen his preexisting spondylolisthesis.

 

$456,837.13
A 63-year old plant manager slipped off the edge of a gate which caused him to twist and jam his low back.

 

$488,016.71
A 34-year old outside plant technician suffered disabling injuries to his mid and low back and other areas of his body when hit by a dump truck. (Home modifications).

 

$416,802.00
A 52-year old production engineer was cleaning a bank of cleaners when one of them blew out pressure knocking him off his feet causing him to fall and strike his head, neck, back and upper arms.

 

$351,376.00
A 44-year old reuse technician attempted to lift jugs of bicarbonate onto a cart when she felt a pop in her back and immediately developed severe neck, back and leg pain.

 

$341,579.00
A 44-year old worker injured his back lifting a box of canned goods and was diagnosed with multilevel degenerative disc disease and failed back syndrome.

 

$335,597.00
A 46-year old travel consultant injured her low back when a desk drawer started to fall and she bent over to try to catch it.

 

$317,305.00
A 53-year old cashier fell off a ladder landing on her back injuring her neck, back, right arm and right leg.

 

$303,431.00
A 46-year old operator was struck by a company truck injuring his low back, bilateral hips and left knee.

 

$293,865.00
A 42-year old building manager slipped and fell off a roof injuring his back, right shoulder and bilateral legs.

 

$292,697.65
A 49-year old truck driver felt a pop in his back while pushing freight.

 

$285,310.00
A 35-year old laborer was knocked down by a mill hand injuring his back and shoulders.

 

$279,481.50
A 44-year old maintenance equipment operator aggravated a preexisting right knee injury and injured his hands, wrists and arms with repetitive work activity.

 

$270,989.00
A 46-year old involved in a motor vehicle accident resulting in multiple injuries including chest contusions, left hemopneumothorax, rib fractures, left arm and wrist fractures and hip fracture.

 

$266,705.00
A 61-year old merchandiser lifted a box and felt a pull in her shoulder and neck pain.

 

$265,049.00
A 49-year old worker injured her low back and left hip and suffered psychological issues.

 

$255,275.00
A 52-year old pipe fitter injured his face, left eye, neck and back in an auto accident.

 

$251,198.78
A 42-year old auto body tech slipped on some compound while working on a truck and injured his low back and hip.