The Two Routes to Disability

The Social Security Administration (SSA) uses a five-step sequential process to evaluate whether you are disabled. The process can be a little confusing to follow. Essentially, it provides two alternative routes for proving you are disabled. Either route will lead to a finding that you are disabled. Along these routes are six roadblocks. If you […]

Meeting the Duration Requirement

Unless your impairment is expected to result in death, it must have lasted or be expected to last for a continuous period of 12 months for you to qualify for benefits. You don’t have to wait until you have been unable to work for a whole year to apply for benefits. The Social Security Administration […]

Meeting the Disability Severity Requirement

To qualify for disability benefits, you must have a “medically determinable impairment” and your impairment must be “severe.” The purpose of this requirement is to eliminate frivolous cases. These are cases in which the claimant’s condition interferes with their ability to work only slightly, if at all, or in which the claimant does not have […]

The Importance Of “Off Task” Time

Securing proper medical reports and source statements from attending physicians is critical in proving disability under the Social Security Law. A good medical source statement will include questions regarding what percentage of a workday a patient’s symptoms interfere with attention and concentration necessary to do even simply tasks.  This period of time is known as […]

Social Security And Medical Insurance

If you are eligible for Social Security Disability insurance benefits, you will automatically become Medicare eligible after a waiting period of 24 months. SSI recipients automatically become eligible for Medicaid benefits immediately upon being approved for SSI.

Injured At Work And Worried About Your Future?

If you sustained a serious injury at work you may feel overwhelmed with the idea of not having enough income to pay your bills and maintain your lifestyle.  Most people who have suffered a serious injury and are unable to work feel this way. It is crucial that the injured worker promptly investigate and understand […]

What Is A Social Security Disability Dire Need Case?

After a Social Security denial, a formal hearing request must be filed to put your case in line to be heard by an Administrative Law Judge. The problem is that hearings in the Albany, NY area usually take between 8-12 months to be scheduled. The Social Security Administration has defined a dire need situation which […]

If You Are 55 Years Old Or Older Do Not Be Afraid To File For Social Security Disability Benefits

If you are considering filing for Social Security Disability and are 55 years old or older you probably have a very good chance of being approved. Once you reach age 55 and are able to prove that your medical conditions limit you to unskilled light work, you will likely be found disabled.  Younger individuals would […]

Will Social Security Get My Medical Records?

When I initially meet with a client who is appealing a Social Security denial, I am often asked whether or not Social Security will get all of their medical records before the hearing. My response to that question is always “probably not.” It is highly unlikely that the Social Security Administration will have all of […]

What Types Of Benefits Result In A Social Security Offset?

In general terms, disability benefits which a claimant receives under a Federal or State program can be used in calculating a Social Security offset. This means that if such public disability benefits are being paid, it is possible that the amount of a Social Security benefit could be reduced. Private pension payments or private disability […]