Step by Step Process of Social Security Disability

1.  INITIAL APPLICATION- Usually requires completion of additional forms from Department of Disability Determination (DDS) and independent examinations if needed You can also apply  for Supplemental Security Income (SSI) as well; this is a separate application through the Social security Office. Claims are accepted or denied usually within 60-90 days.

2.  REQUEST FOR RECONSIDERATION-(appeal) Same process as initial with another caseworker (I.e. a second opinion) Claims are accepted or denied, usually within 60 days.

3.  REQUEST FOR HEARING- longest step in the process Currently taking between 14-18 months to get to a hearing.

4.  HEARING- Hearing is with a federal magistrate judge (ALJ) and is informal. Testimony is usually limited to the petitioner, but occasionally a family member or friend will testify. Decision  is based on testimony and medical records contained in the file.

FIVE STEP EVALUATION PROCESS AT THE HEARING

1.  SUBSTANTIAL GAINFUL ACTIVITY (SGA)- This complicated term just means that you cannot be working and making over $1040 per mo If you are, you cannot even put in an application-it will not be accepted.

2.  SEVERE IMPAIRMENT(S)- The applicant must have an impairment that is considered “severe” or a combination of impairments that together are considered “severe”. In addition, the impairments must be present or likely to be present for 12 consecutive months  I.E. if you have a gall bladder surgery or a hysterectomy and your doctor has you out of work for three months, but then releases you, you will not qualify under this section. An impairment is considered severe if it significantly impairs a person’s ability to perform basic work activities

3.  LISTING- If your impairment is so bad that it meets the criteria outlined in the social security administration’s big book, you win right here. Bad news is it is very hard to meet a listing. Sometimes you should meet a listing, but you don’t have the right testing done to prove  Social security will not usually send you for tests to find out.

4.  CAN YOU DO YOUR PRIOR RELEVANT WORK-

a. In this step, the administration, or the Judge, if you are at hearing, will determine what your “residual functional capacity” is. That means, what are your physical abilities           considering the disabilities that you have. The main activities that are evaluated are sitting, standing, walking and lifting.

b. Next, we look at the jobs you did in the last fifteen years.  If you did it 25 years ago, it does not count. In addition, if you did not do the job for more than three months, it does not           count. Based on your RFC a vocational expert will evaluate your prior relevant work and give an opinion on if you can work in your previous occupations. If the judge or Social Security     finds you can do one of your prior jobs, then a denial will be issued. If the judge or the administration finds that you cannot do one of your prior relevant jobs, then we move on to the last step- can you do any other jobs?

5.  IS THE PETITIONER ABLE TO DO ANY OTHER WORK AT ALL?

This is where many people get upset with the social security administration, because many times the prior work has been hard labor jobs. However, if the petitioner is young, specifically under fifty years of age, then skills often times do not matter. There are thousands of “sedentary” unskilled jobs in the national economy, meaning sit down jobs. So skills do not usually matter. The administration does not find you a job but they will say that you can “hypothetically” do a job based on your limitations and background.

If you are so limited that you have severe restrictions that prevent ANY work, then you will be found disabled.

If you have any questions or concerns regarding your Social Security Disability Claim and you need a Polk County Social Security Disability Claims Attorney to handle your case, contact the experienced Lakeland Florida Social Security Claims Lawyers at Lopez & Humphries P.A. by calling 863-709-1800 today for your free consultation.

Social Security Disability Benefits and Taxes

At this time of year, the majority of American workers are getting ready to prepare their taxes. Their concentration is usually focused on how much they will have to pay, what can be deducted, or if they will get a refund. What is often overlooked is the income paid into Social Security and Medicare also known as Federal Insurance Contributions Act (FICA), or more importantly if it was paid. This deduction seems like an extra expense now but will be very important when you retire or if you become disabled.

On the standard W-2 form this information is found in boxes 3-5, wage earners should simply check to ensure that the deductions have been made. It is important to note that employers make matching contributions to FICA. If, however, you work for the Federal, State or local government and have a pension plan through your employer, FICA would not have been deducted. This is due to the Windfall Elimination Provision.

For those that receive a 1099, Federal income, Social Security, and Medicare is not withheld and the individual must pay these taxes on their own. Many people assume that they have paid sufficiently into Social Security because they paid their taxes but this is not always true. This is because those who receive 1099 do not have employer contributions into FICA and those who are self-employed only pay FICA on net income. Many small businesses or self-employed individuals run “In the red” (at a loss) for several years, and may take advantage of loopholes and deductions to avoid as much taxes as possible.

The best way to ensure you have sufficiently paid into Social Security is through a Social Security Statement. Some states mail this statement once a year, if you are not mailed a statement you can access it online atwww.socialsecurity.gov by creating a “my Social Security” account.

When you or your loved one have any questions or need help with your Social Security Disability Claim, you should seek the legal advice and representation of an experienced Highlands County Social Security Disability Attorney as soon as possible. The longer you wait to obtain legal representation, it may directly affect your ability to achieve a successful outcome. Contact the law offices ofLopez & Humpries, P.A. Today by calling (863) 709-1800.

We provide professional Social Security Disability Claims attorney & lawyer legal services in Lakeland, Winter Haven, Sebring, Bartow, and surrounding areas. We urge you to be proactive in protecting your legal rights.