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    "The only obvious result of a disability claim is Denial."   Most of the individuals who come to me for disability benefit assistance have a very clear view of their disability. They have lived with their medical impairment for a long time and they understand it. It is very obvious to them that they are not able to work and that they qualify for disability benefits. However, Social Security will see the claim very differently. If I could choose one word to describe Social Security's attitude, it would be SKEPTICAL. Nothing is obvious to decision makers at Social Security. Everything must be investigated, questioned, documented, and proven or refuted. The claimant makes allegations. Evidence is required before these allegations become fact. Here are some major differences between the way Social Security sees a clam, vs. the way a claimant sees the claim: You start the process as a "non-disabled" person. Just like an accused criminal enters his trial ...

  Ultimately, Social Security disability cases are difficult because of the rules and regulations that govern them.  There are literally thousands of pages of laws that must be followed to win a claim.  Many claimants think it will boil down to going before a judge and telling their story.  It will not.  It will come down to whether you have enough legal evidence to win your case in court. At a minimum, here is what you must prove with objective evidence to get paid: 1.  The onset date of your impairment(s). 2.  The severity and duration of your impairment(s). 3.  Functional restrictions caused by all your symptoms. 4.  What is the maximum function you are able to perform under the medical evidence guidelines? 5.  Do you meet a Listing in the Blue Book or a Medical-vocational allowance? IF YOU ARE UNDER 50, YOU MUST PROVE THAT.... You are not medically able to perform any full-time work which exists in significant numbers in the United S...

  There are many steps or stages of a Social Security disability claim. And there are several agencies involved in processing and deciding your claim. You will encounter the Social Security Administration (SSA), a federal agency, and also the Disability Determination Service (DDS), a state agency. Later, you will probably encounter an administrative law judge (ALJ) from the Office of Hearings Operations (OHO), which is the appeals branch. The first step is with your local Social Security office, called a field office. You will either file an application by telephone or complete the application online. This office is responsible for assembly of a folder that contains all of your forms, signatures, releases and history. Once this is complete, you will be forwarded to a state agency. The next step is at the Disability Determination Service (DDS). This is a state agency which works under contract with Social Security to process disability claims. The DDS will order and evaluate...

Each year, the Social Security Administration reviews the national economy to see whether a Cost of Living Adjustment (COLA) is needed for those receiving benefits.  This usually results in a small increase in payments to Social Security recipients.   The increase for 2021 will be 1.3 percent.  For a person receiving $1,500 per month in 2020, the ceck will increase to $1,519.50. The idea behind COLA is to help keep up with inflation so that the purchasing power of benefits is not diminished.   Here is a related question we often get:  I began receiving disability benefit before I was full retirment age.  When I become retirement age will my benefits increase?  The answer is usually no.  When a person becomes disabled, Social Security awards their retirement benefits early in the form of disability benefits.  When the beneficiary turns full retirement age (usually about 66 and one-half), the benefit converts to a retirement benefit b...

  Social Security is a very misunderstood federal program.  The better you understand it, the better it can work for you. 1.  Social Security is a federal insurance program sponsored by the US Government. 2.  It has several parts, including old age pensions (retirement), disabled workers benefits, widows benefits and benefits for dependents, among some of them. 3.  Not everyone is covered by Social Security disability insurance (SSDI).  You are usually covered if: You have worked and earned sufficient "quarters of coverage" under the regulations. You have worked at least 5 out of the most recent 10-year period. 4.  You must pay for Social Security disability insurance (SSDI).  You pay by working and having SSDI and Medicare tax deducted from your paycheck.  It's called FICA withholding.  This is what funds Medicare and Social Security.  Over 12 percent of all taxes paid by Americans go into the Social Security disability trust funds...

COVID-19 has changed Social Security and the Disability System.  The agency is trying to adapt to a new set of procedural rules required by the pandemic.  Here are some of the changes. 1.  SOCIAL SECURITY OFFICES ARE CLOSED.  You can no longer visit any Social Security office in the United States.  They are closed to the public and doors are locked.  You may still conduct business by telephone, on a limited basis, or on the internet at www.socialsecurity.com. 2.  YOU CANNOT HAVE AN IN-PERSON HEARING.  Currently hearings before administrative law judges (ALJs) are only held by telephone conference call, not in person.  The judge, the claimant, the representative and the vocational witness all appear via telephone. Rumor has it that they will try to switch from telephone hearings to video hearings by December, 2020.  We'll see. 3.  MANY SSA EMPLOYEES WORK FROM HOME.  Many employees of the Social Security Administration, including...

  al·le·ga·tion / ˌaləˈɡāSH(ə)n / Learn to pronounce noun   In   law , an   allegation   is a claim of a fact by a party in a pleading, charge, or defense. Until they can be proved,   allegations   remain merely assertions. In Social Security cases, claimants allege certain things:  they are not able to work, they can only sit for 30 minutes, stand for 15 minutes or walk for 5 minutes.  These are examples of common allegations.   Before they have any validity, however, allegations must be proven or supported with strong evidence.   Allegation:  "I can only lift my right arm to shoulder height; I can't lift it above my head." Proof :   We have an MRI of the left shoulder which shows a torn rotator cuff and severe degenerative arthritis in the joint of the right shoulder.  Also, the claimant has presented to an orthopedic physician at least 6 times complaining of severe pain and limited range of motion in the right shou...