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

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