SS Disability Law

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.

Determining Disability

• 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

Five Steps

• Initial Application – In person, phone, internet, mail.
  • If denied – APPEAL
• Reconsideration
  • 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 | Workmans Compensation Milwaukee

Frequent Questions

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