Under Social Security law and regulations disability is defined as the inability to engage in substantial gainful activity, by reason of a medically determinable physical or mental impairment, that has lasted one year (12 months) or is expected to last one year (12 months), or is expected to result in death.
Essentially an individual must be disabled from any and all types of work for a period of at least one year or must be affected by an impairment(s) that is expected to disable the individual for at least one year or more. If the impairment is expected to result in death the one year requirement is not applied.
Social Security Administration SSA) uses a five (5) step process for determining disability.
1. SSA determines if an individual is working. If the individual is working then he/she is not disabled.
2. SSA determines if an individual is affected by a severe impairment. A severe impairment is one which affects an individual's ability to carry one or more of his/her basic job functions.
3. SSA determines after a review of the medical records if an individual's impairments meet or equals one of the SSA's published Listing of Impairment. If the medical data in the medical records is consistent with the medical criteria found in the Listing of Impairments then an individual is considered to be disabled.
4. SSA determines whether an individual given the extent and severity of his/her impairment(s) is capable of returning to his/her past work (work performed in the past 15 years). If an individual is determined to have the capacity to perform past relevant work he/she is not disabled.
5. SSA determines if an individual, although not capable of performing past relevant work, is capable of performing other types of less exertional work that exists in significant numbers in the work economy. If the individual is capable of performing other work he/she is not disabled.
Benefits of Legal Representation:
The application process for Social Security disability benefits is a long and complicated process. Your attorney can ease the process by completing and processing the application for you. He/she can be sure deadlines for completion and submission of forms and procedures are not missed. Social Security can delay or stop the applications process if deadlines are late or unmet.
Your application and appeal process, if necessary, will be handled by the attorney who will obtain all medical opinions and evidence necessary to support your claim, we will correspond directly with any and all physicians, treatment facilities and hospitals to obtain all reports up to the date of hearing. The attorney will prepare you for what to expect prior to your hearing and will accompany you and represent you during the hearing process before the Administrative Law Judge at the Office of Disability Adjudication and Review. If you are unsuccessful at the hearing level, he/she will advise you as to whether to appeal the decision for a remand back to the hearing office, or to simply file a new application.
Fee Process
If approved for benefits, dependent on the date you are found disabled, The Social Security Administration will withhold 25 per cent of any retroactive benefits. The attorney is entitled to 25% up to a maximum of $6,000.00 of the withheld amount and cannot charge you more than the amount awarded by the SSA. If there are no retroactive benefits then the attorney will not be awarded a fee from SSA and cannot charge you for his services.
