Social Security Disability : Social Security Disability Eric L. Bolves, Esq.
Bolves & Associates, P.A.
Cast of Characters : Cast of Characters
Social Security Administration : Social Security Administration
The Doctors : The Doctors
The Medical Staff : The Medical Staff
The Claimant : The Claimant
The Lawyer : The Lawyer
What is Social Security Disability? : What is Social Security Disability? Definition of disability.
A Disability is any condition, or combination of conditions, which is serious enough to keep someone out of work for at least 12 months or is expected to result in death. People who are legally blind also qualify.
Children: “marked and severe functional limitations” that very seriously limit activities at least 12 months.
SSDI Social Security Disability Insurance
SSI Supplemental Security Income
SSDISocial Security Disability Insurance : SSDISocial Security Disability Insurance Early retirement
Enough work credits
5 / 10 years
Approximately 45% of pay
Payments start after 6 months
Dependent children’s benefits
Medicare 24 months after “onset”
No limitation on assets
SSISupplemental Security Income : SSISupplemental Security Income Welfare program
Not enough work credits
Based on household income
Monthly payments from application
$674 single individual
$1011 couple
Medicaid immediately
The Application : The Application When do I apply?
A Disability is any condition, or combination of conditions, which is serious enough to keep someone out of work for at least 12 months or is expected to result in death.
When you can’t work for at least 12 months.
The Test : The Test Diagnosis
Of a medically recognized impairment
Symptoms
Severe enough to prevent……
Ability to do "substantial gainful activity“
Earn at least $1000 per month.
$1640 if blind.
The Process(The Gauntlet) : The Process(The Gauntlet) Gaunt-let 1. Two lines of men facing each other armed with sticks and other weapons with which they beat a person forced to run between them.
2. A severe trial; an ordeal.
The Process : The Process Initial Application
Reconsideration
Administrative Law Judge (ALJ)
Appeals Council
Federal Court
Initial Application : Initial Application Phone call
The Interview
Medical Records
Adjudicator / Doctors
Independent Ha Ha Medical Exam
4-6 months
Denied! : Denied! Why are so many denied?
Missed appointments
Filling out forms
Hablas SSA?
Language problems
Inability to deal with the technicalities
“Oh Well, I guess I don’t qualify.”
60 days to appeal
Request for Reconsideration : Request for Reconsideration 60 days to appeal
Different Adjudicator / Doctors
4-6 months
Dealing with Social Security : Dealing with Social Security Medical records
Social Security forms
The Bureaucracy
over work
lost files
bad attitudes (handle with care)
SSA: Protecting your client from you!
Getting paid.
Dealing with the Medical Profession : Dealing with the Medical Profession Medical Records
Diagnosis & symptoms
Quality Time with the Doctor
SSA forms
RFCs
Administrative Law Judge : Administrative Law Judge 15-18 months…or longer!
A real person to talk to
All about the symptoms
Inventory
Why can’t do previous work
Why can’t do any work
Vocational Expert
Occupations : Occupations Tooth clerk, Glove cleaner, Puff Ironer (laundry), Chick sexer, Worm picker or packer, Irish-moss gatherer, Sponge clipper, Bone picker, Egg breaker, Peeled potato inspector, Skull grinder (meat products), Neck skewer (meat products), Egg candler, Green meat grader, Kiss setter (sugar & confection), Leaf sorter (tobacco), Stiffener (hat & cap), Dowel inspector ,Bobbin loose-end finder, Getterer (light fixtures), Blow-off worker (furniture), Crown pouncer (hat & cap), Garment boner, Lump inspector (tobacco), Snuff-box finisher (tobacco)
Two men I know of
After the ALJ : After the ALJ If You Win
Money and Medical
Decision
Award letter
If You Lose:
New Initial Application
Appeals Council Review
3 to 6 months
Federal Court
18 months
The Key to Success : The Key to Success Follow the Rules
Forms
Appointments
Hearings
Provide the Info
All conditions, all medical records
Don’t Quit
Don’t Quit
Don’t Quit……..Get help if you need to.