YOU MAY GET DISABILITY BENEFITS FOR MENTAL DISORDERS

Social Security disability benefits are paid for severe impairments that prevent the ability to work.  Work has both physical and mental demands.  A severe restriction in the ability to perform the mental demands of work, as defined by SSR 96-9(p) or SSR 85-15, may result in disability payments.

Not only must the claimant prove that he/she has a severe impairment that significantly restricts the ability to work, other considerations include:

1)  Are you insured under the Social Security Act?  In brief, have you worked long enough, and recently enough, to have accumulated the minimum quarters of coverage to be insured?  If not, you are not covered by the Act and cannot get Title 2 benefits.

2)  Are you currently engaged in Substantial Gainful Activity (SGA)?  SGA is defined in 2015 as gross earnings of at least $1,090 per month from employment or self employment.  If you are now working at SGA level, you cannot receive disability benefits from Social Security, no matter what your age or how severe your medical impairments are.  SGA does not include investment income, such as stocks, bonds or rental property.

3)  Do you meet the Duration Requirement?  Social Security requires that you be unable to work for at least 12 consecutive months.  If you are expected to be able to return to work within 12 months, you will not qualify for disability from Social Security.

4)  Are you able to perform some other type of work, not necessary just the job you have recently been doing?  If you still able to perform other kinds of work (perhaps easier or simpler work), you would not be found disabled under Social Security rules.

Evaluation of a potential Social Security disability case is complex.  Our firm is happy to provide a free analysis of your claim and decide whether we are able to assist you in getting disability benefits.  There is no cost or obligation for a consultation with us.

(256) 799-0297.



 

PROPERLY EXPLAIN ALL PAST RELEVANT WORK

I have had two recent hearings where approval was based on properly classifying the claimant's past relevant work.  Past relevant work (PRW) is defined as all work performed at a full time or substantial gainful activity level during the 15 years prior to the application.

Here is why PRW may be critical:  At Step 4 of the decision process, the administrative law judge must determine if the claimant is able to perform any of his/her past relevant work. If the answer is yes, the law requires the judge to find that the claimant is not disabled.  An exception would be made for persons in certain older age categories who meet medical-vocational guidelines.

In both of my cases, the claimants were persons of advanced age (over age 55), had only high school educations and had held unskilled jobs.  Medical-vocational guidelines would direct a finding of disabled unless they were able to return to past relevant work.  So, it was critical to show that they were not capable to performing any of the work they had performed during the past 15 year period.

Here is where PRW must be carefully described so it is classified correctly by the vocational expert who will be providing testimony.  The claimant's representative must carefully determine how much standing, walking and lifting were required in each of the past jobs.  Past job duties must be described in detail so that only only the exertion level is properly classified but the skill level is also properly classified.  In other words, if the past relevant work gets classified as semi-skilled but it was really unskilled work, it can affect the outcome of the case.

I find that claimants often breeze through the disability application forms--often not giving any real effort or thought to proper completion.  They may not take time to fill in the Work History Report.  This can lead to an improper classification of their past relevant work, which in turn can cause a denial.

My advice is to always complete all the forms completely and carefully.  There is a reason for each form (and there are many forms).  The Work History Report can become a nightmare if it is completed improperly or incompletely.  If it has been improperly completed, that must be straightened out during the hearing.

 

VETERANS DISABILITY INCLUDES SOCIAL SECURITY BENEFITS

Disabled veterans may qualify for both VA disability and Social Security disability. (SSDI). These two benefits do not offset each other, meaning, a veteran may collect full VA benefits and full SSDI benefits at the same time.

The applications, procedures and requirements for each program is different, however.  Just because you qualify for VA disability does not automatically mean that you qualify for SSDI benefits.  Social Security must go through a separate process and find that you are disabled under their own rules.

Social Security can be a significant source of additional income for disabled veterans.  The maximum disability benefit for a non-blind individual is $2,633 per month.

Some key points to consider:

• Persons of any age (before full retirement age)  can receive SSDI benefits.
• Benefits are not restricted by your income or financial resources.
• A 100% permanent VA disability rating will expedite your Social Security claim.
• You do not necessarily have to be on VA disability to get Social Security and vice versa.
•  A representative, attorney or advocate will not charge a fee unless you win benefits. 
• Legitimate claims are often denied and must be appealed to receive benefits. 

For a free consultation and review of your claim, please contact an advocate with the Forsythe Firm, located in Research Park, at 7027 Old Madison Pike, Suite 108 (by appointment).  Or phone us at (256) 799-0297.