SOCIAL
SECURITY
At Butkovich & Crosthwaite, we pride ourselves on the
quality of work that we perform on behalf of individuals seeking benefits from
the Social Security Administration. We have been practicing in the area of Social
Security for many years, and we are very experienced in handling claims at the
Initial Determination, Reconsideration, Administrative Law Judge, and at the Appeal
Council levels. We
will assist you with filing your appeals and completing any forms that you receive
from the Social Security Administration. We will also obtain medical evidence
from your doctors documenting the physical and/or mental impairments that you
have which limit your ability to work.
DEFINITION
OF DISABILITY
The Social Security Administration defines a disability
as an inability to engage in any substantial gainful activity by reason of any
medically documented physical or mental impairment which can be expected to result
in death or which has lasted or can be expected to last for a continuous period
of not less than twelve (12) months. If you believe that you will be out of work
for more than one (1) year, you can file your application immediately. That application
can be filed at any Social Security office, by telephone (1-800-772-1213) or online
at www.socialsecurity.gov .
TYPES
OF BENEFITS
A. Social Security Disability Insurance
The
Social Security Disability Insurance program (SSD) pays benefits to you and certain
family members if you have enough credits for working a specific amount of time
and earning a specific dollar amount during the ten (10) year period immediately
preceding the onset of your disability. An adult child may also qualify for benefits
on your earnings record if he or she has a disability that started before age
twenty-two (22).
B.
Supplemental Security Income
The Supplemental Security Income (SSI)
program is a federal welfare program for the disabled, blind and those over age
sixty-five (65). Supplemental Security Income (SSI) is similar to Social Security
Disability (SSD) except that is does not require claimants to have been employed
to qualify for benefits. However, there are both income and asset limitations
for eligibility. People seeking Supplemental Security Income (SSI) payments usually
lack work experience.
DETERMINATION
OF DISABILITY
The Social Security Administration uses a five (5) step
process to determine if you are disabled:
1.
Are you working? If you are working and your earnings average more than
$980.00 per month during 2009, that work activity will be considered substantial
gainful activity (SGA), and you generally cannot be considered disabled. The work
must be substantial and gainful. If you are not working, go to step 2.
2.
Is your condition severe? Your condition must interfere with basic work-related
activities for your claim to be considered. If your condition does not interfere
with basic work-related activities, the Social Security Administration will find
that you are not disabled. On the other hand, if your condition does interfere
with basic work-related activities, go to step 3.
3. In order to
be found disabled at step 3, the medical signs, findings and symptoms of your
condition(s) must meet or medically equal one of the set of medical signs, findings
and symptoms for the conditions found in the Listing of Impairments. If you are
found disabled at step 3, there is no inquiry about your ability to perform past
work or other work. If your condition(s) does not meet or medically equal one
of the medical conditions found in the Listing of Impairments, go to step 4.
4.
Can you do the work that you did before?
If your condition is severe,
but not the same or equal to the level of severity as a medical condition on the
list, the Social Security Administration must determine if the condition interferes
with your ability to do the work you did before. In other words, you must prove
that you are incapable of performing any of the work that you have performed in
the last 15 years or in the 15 years before your insured status was last met.
If it does not, your claim will be denied. If it does, go to step 5.
5.
Can you do any other type of work?
If you cannot do the type of work
you did in the past, the Social Security Administration will determine if you
can adjust to other work in the national economy. The Social Security Administration
will consider your medical conditions, your age, education, past relevant work
experience and any transferable skills you may have. If you cannot adjust to any
other work, your claim will be approved. If you can adjust to other work, your
claim will be denied.