Social Security Disability

Social Security Disability

            A Social Security Disability applicant may file under these provisions: Under SSI or Social Security Disability. The disability claim depends on the financial assets, the time period since Social Security Disability applicant has worked and applied,and the medical problem.

            To file a Social Security Disability claim, the Social Security Disability claimant must file an application with the  Social Security Disability office. He/she should have a copy of medical records, a list of medications, and work history.

            The application for  Social Security Disability is reviewed. The Social Security Disability claim can be approved or denied. If the Social Security Disability claim is denied, the Social Security Disability claim must be appealed in a short time, or the appeal is lost.

            After a Social Security Disability appeal is filed, it will be set for a hearing before an administrative hearing judge. The claimant and his witnesses may testify. The judge will decide: Does the claimant have an impairment or combination of impairments that meets or equals the criteria of any impairment listed in the Listing of Impairments at 20 C.F.R. Part 404, Subpart P. Appendix 1 (20 C.F.R. )(416.920 (d))?

            Social Security Disability claims applicable law

 The Social Security Administration has established the following five-step evaluation process for determining whether a person is disabled:

1.      Is the claimant engaging in substantial gainful activity.

2.      Does the claimant have a “severe” impairment or combination of impairments? An impairment is “severe” if it significantly limits his physical or mental ability to do basic work or activities.

3.      Does the claimant have an impairment or combination of impairments that meet or equal the criteria of any impairment listed in the listing of impairments.

4.      Does the claimant retain the residual functional capacity to perform his past relevant work.

5.      Does the claimant retain the residual functional capacity to make adjustment to other work existing in significant numbers in the national economy.

 

Residual functional capacity is a term that describes the range of work activities a claimant can perform despite limitations from his impairments. In assessing a claimant's residual functional capacity, consideration must be given to his subjective allegations of pain and other symptoms in making this finding. All of the claimant's impairments, including impairments that are not “severe”, must be considered.

 

Light work is defined as work requiring a maximum lifting of 20 pounds, frequent lifting of 10 pounds, and standing and walking, off and on, for a total of 6 hours out of and 8 hour workday; some light jobs are performed in the seated position and often require the worker to operate hand or leg controls.

 

Although the claimant generally continues to have the burden of providing disability at step 5 of the sequential evaluation, a limited burden of going forward with the evidence shifts to the Social Security Administration. In order to support a finding that an individual is not disabled at this step, the Social Security Administration is responsible for providing evidence demonstrating that other work exists in significant numbers in the national economy the claimant can do, given his/her residual functional capacity, age, education, and work experience.

 

In determining whether a successful adjustment to other work can be made, the judge must consider the claimant's residual functional capacity, age, education, and work experience in conjunction with the medical – vocational guidelines. If the claimant can perform all or substantially all of the exertional demands at a given level of exertion, the medical- vocational rules direct a conclusion of either “disabled” or “not- disabled” depending upon the claimant's specific vocational profile.

 

When the claimant cannot perform substantially all of the exertional demands of work at a given level of exertion and/or has nonexertional limitation, the medical – vocational rules are used as a framework for decision-making unless there is a rule that directs a conclusion of “disabled” without considering the additional exertional and/or nonexertional limitations. If the claimant has solely nonexertional limitations, in the medical- vocational guidelines provides a framework for decision-making.

 

Attorneys Fees

 

            This office may represent the Social Security Disability applicants on a percent basis depending on facts of the case. The Social Security Disability applicant should bring the denial letter and a copy of medical records to the office for review.