Disability claims can take up to 3 years to get a hearing before a judge. Our firm strives to obtain the appropriate medical evidence as quickly as possible in order to increase the chances of a successful result in less time.
Disability is an inability to engage in any substantial gainful activity (8-hours/day) by an impairment, which can be expected to last for 1 year or result in death. However, there is an exception to this definition for persons 50 years of age or older with a work history of no transferable skills even if they can work an 8-hour sedentary job.
You cannot always rely on common sense to tell you who is and who is not disabled under social security law. Factors of age, education, work experience and transferability of skills, the type of impairments and the specific limitations must be properly assessed to determine if a person is entitled to disability benefits.
Burden of proof
The law places the burden of proof on the disabled person to prove they are disabled based upon demonstrable abnormal testing and clinical findings.
Types of disability
There are several types of disability benefits. Type II is for workers who worked and paid enough SS taxes to obtain insured status. Claimant must prove disability before their insured status lapses. If successful, the Claimant can receive up to 80% of their highest yearly earnings of their last four years of work. Type XVI is called Supplemental Security Income, which is a welfare program for disabled. The Claimant must prove disability and poverty. Also, there are the Disabled Widows benefits. An unsuccessful work attempt does not necessarily interrupt disability. Sometimes a Claimant can work part-time and still receive disability benefits.
Stages of claims
- Initial application (SS distric offices)
- Reconsideration level (SS district offices)
- Office of Disability Adjudication & Review for a hearing before judge, vocational expert + medical doctor
- Appeals Council
- U.S. Federal Court
No attorney fee unless you win.
All Social Security clients are assigned to Melissa MJustice@MorganandJustice.com
OTHER LEGAL CLAIMS
If you are in need of a lawyer to handle legal matters in addition to workers’ compensation and social security, ask Morgan & Justice to refer you to a highly qualified lawyer who specializes in that area of the law. Having practiced law for almost a half a century, we know the best lawyers who specialize in personal injury, medical malpractice, wrongful discharge, divorce, bankruptcy, criminal, civil litigation, product liability and probate.