The first step in proving a claim for Social Security Disability is to show that the claimant is no longer engaging in substantial gainful activity. Basically, this means showing that the claimant is no longer working above a certain threshold. To make this determination, Social Security Administration obtains queries from the Internal Revenue Service, which include reports of taxable income payments made by employers. When an individual has stopped working but receives short-term or long-term disability payments from a private insurance plan, this income often appears to be wages on the earni ..read more

Broken bones (fractures) are typically not a good basis to file for disability benefits, as they are not likely to meet Social Security Administration’s durational requirement for medical impairments.  To warrant disability, an impairment must last or be expected to last for a minimum of twelve continuous months or result in death. For most fractures, the acute healing process takes place in six to eight weeks. However, the complete healing process could take up to a year for some fractures such as a complex, comminuted fracture. In rare instances, fractures may lead to loss of mobility a ..read more

Yes! Your age can play a major role in the disability process. There is a set of rules called the Medical Vocational Rules. These rules apply in certain circumstances based on age and education. Some common examples include: individuals who are 50 years of age with a 12th grade education and past work in the light or medium exertional levels, would be found disabled pursuant to Rule 201.14. Individuals who are 55 years of age with a 12th grade education and past work in the medium exertional level, would be found disabled pursuant to rule 202.06. There are many more rules for different ages, e ..read more

After years of criticism, Social Security has announced plans to change how it collects funds from disability claimants who have been overpaid benefits. Overpayments can occur for many reasons. Sometimes, Social Security does not properly calculate how payments should change when someone returns to work. In other cases, the agency made a mistake from the beginning, paying out more than an individual was entitled to due to a mathematical error. Regardless of the reason, the consequences could be devastating. Disability recipients who need their monthly benefits to survive have found their payme ..read more

Some work injuries are instantaneous. Momentary contact with equipment can break a bone immediately. Someone falling takes less than a second. They could injure their brain and require weeks of medical care afterward. Other injuries take a long time to develop. Some people have medical issues related to physical work. For example, a factory worker who performs the same task several times a minute for their entire shift can hurt their body. Their repetitive job functions can lead to repetitive strain injuries. A repetitive strain injury can cause multiple symptoms. Someone diagnosed with a repe ..read more

The Social Security Disability process from start to finish is unfortunately a longer process than most expect. There are several steps that have to happen once you file your application. It is also important to note that each of these steps take time as well. Once you file your application, it can take several months to get an initial disability decision on whether they have found you disabled or not. Majority of cases are denied at initial application. If the Social Security Administration denies your initial application, you have the opportunity to appeal that decision and ask for “reconsid ..read more

A very common question from disability claimants is how much an attorney will cost and how we’ll get paid. The good news is that almost all Social Security disability attorneys work on contingency, meaning they only get paid if and when you win. And those payments are made automatically from the Social Security Administration from any backpay that you’re entitled to. Under current regulations, a Social Security disability attorney who wins a case before the agency is entitled to 25 percent of a claimant’s backpay, though this amount is not exceed $7,200 per case. Social Security has now announ ..read more

If you have been awarded Social Security Disability benefits, one of your main concerns will likely be how much your monthly payment will be. While it is important to note that the calculation of your monthly payment is quite complicated, this blog post will attempt to explain the basics. To start, the type of benefits you are eligible for and awarded directly impact your monthly Social Security Disability payment. The two basic types of benefits you may be eligible for are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). To put it simply, SSDI is based on an ..read more

I’m a government worker, how am I impacted? If your employer didn’t withhold Social Security taxes, your benefits (retirement and disability) will be reduced under the Windfall Elimination Provision (WEP). This reduction may not occur if you paid enough taxes from other non-pension jobs in the prior 30 years. I’m a widow/widower who was also a government worker, how am I impacted: Similarly to the above, if your employer didn’t withhold Social Security taxes, and you are a widow/widower, your spousal/survivor benefits can be reduced under the Government Pension Offset (GPO). I’m a retired teac ..read more

Do you have a family member/loved one who receives Social Security Disability benefits? It could be your mother, spouse, sister, child, grandmother, etc. This will mainly apply only if your loved one receives Social Security disability through the SSI program. This program is attached to Medicaid, which offers payment to someone to care for the disabled person. The rules vary from state to state, so contacting your state Medicaid office is where you must start. The Caretaker Child Exception is a Medicaid exemption allowing an adult child to be “paid” to provide care to an aging parent. Instead ..read more