Social Security Disability
Most of our clients are applying for Social Security Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). DIB is awarded to individuals who have worked in recent years (usually 5 of the last 10 years) who are now disabled. SSI is awarded to individuals who are disabled but have not paid enough money in to the Social Security system to qualify for DIB. SSI is capped at a certain amount each month which is determined by the Social Security Administration, while DIB is determined by the amount of money one has paid in to the system.
The most important thing you can do to increase your chances of obtaining DIB or SSI benefits if you are disabled is to hire an experienced attorney to assist you through the process and to file an appeal. Whether you are disabled according to the Social Security Administration (“SSA”) is the crucial issue in obtaining Social Security Disability benefits. Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."
The Social Security Administration uses a five step process in determining whether or not an individual is qualified for benefits.
FIVE-STEP SEQUENTIAL EVALUATION:
Step One: Is the claimant engaged in substantial gainful activity? • Substantial gainful activity is work activity that involves doing significant physical or mental activities for pay or profit. 20 CFR §404.1572(b), 20 CFR §416.971.• SSA presumes that activity is substantial gainful activity if the earnings are more than $800/month (2003 value). 20 CFR §416.974(b) (3).
Step Two: Does the claimant have a severe impairment?
This is a de minimis standard. Impairments are considered "not severe" only if the impairment(s) causes a slight abnormality having a minimal effect on the claimant’s ability to perform basic work activities.
Step Three: Does the impairment meet or equal one of the SSA’s impairment listings?
The Social Security regulations set out listings of impairments in 20 CFR pt 404.1599, Appendix 1. There are listings for 14 different categories of impairments. There are separate listings for adults and for children.
Each listing sets out findings, signs and symptoms for certain impairments. If the claimant’s condition meets the criteria for one or more of the listings, the claimant meets the medical criteria necessary to establish disability.
Step Four: Does the claimant have the capacity to return to his or her past work?
The client has the burden of proof at this step. This step requires two separate inquiries:
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1. First, the claimant’s residual functional capacity must be
defined. The Residual Functional Capacity (RFC) describes what the claimant
can do despite his or her impairments. The RFC is based on an assessment
of basic work functions including exertional requirements, such as lifting
and carrying, standing, walking, sitting, reaching, and on exertional
requirements, including vision, hearing, environmental restrictions,
concentration, and ability to understand and follow instructions, accept
supervision, work with co-workers, etc. If the claimant has a mental
impairment, SSA must make an assessment of any physical residual functional
capacity and, using a specially designed format, of mental residual
functional capacity.
The claimant’s RFC must be based on what the claimant can do on a regular and sustained basis, not what s/he can do on an isolated occasion.
2. Second, the claimant’s RFC is compared to the functional requirements of the claimant’s past relevant work. This is work within the 15 years prior to the date of adjudication. It does not include work that occurred only for very brief periods or on a sporadic basis. The SSA evaluates the functional requirements of work both on the basis of the way the claimant performed it and as the work is generally performed.
SSA has the burden of proof at this step. SSA has adopted Medical Vocational Guidelines set out in the regulations at 20 CFR Pt. 404.1599, Appendix 2. These guidelines are commonly called the grid, since they consist of three tables set out in a grid fashion. There is a table for medium, light and sedentary work. Each table evaluates work capacity based on age, education and work experience. Each rule of the grid tables directs a finding of disability or non-disability for claimants who meet the exact criteria of the rule. If the claimant does not meet the exact criteria, a vocational expert may be necessary. To the extent that the claimant’s RFC and educational/vocational profile does not match the criteria of a medical vocational guideline, the grids are nonetheless used as a "framework" for determining whether the individual is disabled at step 5.
For claimants with non-exertional impairments (e.g.. some pain conditions, asthma, seizures, mental impairments) the grids should not be used. If the conditions impose limitations, a vocational expert should be used.
The Social Security Administration can take some time in deciding your
claim. It is not uncommon for an individual to wait 12 to 18 months to
obtain benefits from the time they initially file a disability application.
We understand that our clients cannot afford to wait for benefits any
longer than necessary. We realize that time is of the essence.
The Bernstein Law Offices focuses on helping clients navigate through
the Social Security Administration system to obtain disability benefits.
We make sure that Social Security has your all of your medical information..
We work with your physicians in order to get the proper medical reports
to Social Secuirty. We also keep on top of Social Secuirty to prevent
your claim from slipping through the cracks which causes further, uneccessary
delays in your claim. It is not uncommon for Social Security to lose a
claimant’s file or fail to send proper notices to a claimant in
order to keep them up to date about their case. If this happens in your
claim, you want an attorney on your side who knows the relevant laws.
An experienced attorneys’ knowledge of the Social Security Administration, how it assesses medical conditions, or combinations of medical conditions, and how vocational experts would evaluate your claim, and other knowledge about the application and appeals process is invaluable to your claim for Social Security Disability benefits.
Call The Bernstein Law Offices today at 1 (800) 313-0213 and find out if we can assist you with your case or if you would like to discuss this matter with an attorney, click the form below and someone from our office will contact you for a free phone consultation. You can also call us anytime to schedule an appointment.
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