Sunday, May 31, 2015

YOU MAY WIN DISABILITY BENEFITS IF.....

In order to win federal disability benefits (Social Security, SSDI), you must prove at least the following key issues:

  1. You have accumulated enough quarters of coverage to be insured under the Social Security Act, also called Title Two.
  2. You are not now working at substantial gainful activity, SGA, (defined in 2015 as gross earnings of $1,090 per month or more).
  3. You have a serious and medically determinable impairment.
  4. This impairment has lasted, or can reasonably be expected to last for at least 12 consecutive months, or to end in death.
  5.  The symptoms and limitations caused by your impairment(s) are severe enough to prevent you from perform any of your past relevant work.
  6. The symptoms and limitations caused by your impairments are severe enough to prevent you from performing any other work which exists in the local, regional or national economy.
  7. There is sufficient objective medical evidence to prove the severity of your impairment(s) and symptoms.
QUESTIONS
  • What do you mean by "objective medical evidence"?  This usually refers to things like X-rays, laboratory tests, MRI or CAT Scan evidence, etc.
  • Will Social Security take my word for how severe my symptoms are?  No.  They will require objective medical evidence to reasonably explain severity of symptoms.
  •  How many quarters of coverage do I need to be covered by Title 2 or SSDI?  That depends on your age.  Most people need to have worked 20 out of the most recent 40 quarters, or about 5 years out of the most recent 10 year period.  Young persons may be covered with fewer quarters of work.
  • If I am not covered by Title 2, may I file a new claim?  Not for SSDI.  You might file under Title XIV, or SSI, but that is an entirely different program.
  •  Who obtains medical evidence for my claim?  In the initial application process, Social Security will attempt to obtain your medical records.  In any subsequent appeal, it up to the claimant or representative to find and submit medical evidence.

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