Social Security Disability Eligibility
- Title II
- Insured - paid into program while working - worked and contributed in five of the last ten years
- Must become disabled within five years of last employment
- Benefits to dependents
- Supplemental Security Income (SSI) - Title 19
- Welfare disability program
- Must have assets less than $2,000.00 - cash or anything that can be turned into cash.
- Inability to engage in any substantial gainful activity.
- Substantial gainful activity = earning $1,040.00 a month for 2013.
- Based on any medically determinable physical or mental impairment.
- Expected to last for a continuous period of not less than 12 months.
Sequential Evaluation Process
- Step one- working.
- If the claimant is working and earning enough to be considered substantial gainful activity - the claimant cannot be found disabled.
- Step two- the impairment must be severe.
- Claimant must have an impairment that significantly limits their ability to do basic work activities.
- Step three- the listing of impairments.
- In order to be found disabled at step three, a claimant's medical signs, findings and symptoms must meet or equal one of the set of medical signs, findings and symptoms found in the Listing of Impairments.
- The Listing of Impairments is a set of medical criteria for disability found in the social security disability regulations.
- If a claimant meets or equals the Listing, they are found disabled and there is no inquiry into their ability to do past work or other work.
- Step four- Past relevant work.
- To be found disabled, it must be proven that the claimant is incapable of doing any work that he or she has performed in the last 15 years.
- Step five- Other work.
- To be found disabled, the claimant must prove an inability to do other work that exists in significant numbers in the economy.
- Determination based on claimant's remaining work capacity, age, education and work experience.
- The Medical-Vocational Guidelines (grids) helpful in making this determination.
- The Medical-Vocational Guidelines provide that the older a claimant is, the easier it is to be found disabled.
The Social Security Disability Process
- Initial Application - In person, phone, internet, mail.
- If denied - APPEAL
- If denied - APPEAL
- Hearing in front of an Administrative Law Judge
- Appeals Council
- Federal Court Review
- How to prove disability to ALJ
- All about limitations
- Specific Medical reports
- Vague reports are not helpful
- Fit claimant into definition of disability for age group
- Easier standards as you get older
- Under 50 - Limited to less than sedentary
- 50 - 54 - Limited to sedentary
- 55 - 59 - Limited to light
- 60 - 64 - Limited to medium
Milwaukee Workmans Compensation | Workers Comp Milwaukee Lawyer | Milwaukee Workers Compensation Attorney | Work mans Compensation Milwaukee
You have a claim if you suffered a loss because of a job-related injury. This means that, to get worker's compensation, you have to show three things:Read More