One of the factors which determine whether or not a person is disabled under the Social Security Laws involves what is known as transferrable skills. Transferrable skills allow someone who is disabled from their usual line of work to learn and adjust to a different type of work, usually lighter work. At age 50, the […]
Quarterly Credits Needed For Social Security Disability
May 12, 2011 Leave a Comment
Social Security work credits are earned each quarter someone works and has Social Security deductions made. If you are 31 years of age or older, you must earn between 20 and 40 credits in the 10 years immediately before you became disabled. Social Security Administration has a chart documenting exactly how many credits must be […]
Vocational Expert Testimony At Your Social Security Hearing
May 2, 2011 Leave a Comment
In some parts of the country, Administrative Law Judges hearing Social Security claims will routinely utilize a vocational expert in order to determine whether or not a claimant’s disabilities prevent him or her from doing specific jobs that are generally available in the national economy. In my practice, most of our hearings are held in […]
Can An Unfair Decision Be Reversed?
April 29, 2011 Leave a Comment
The relevant standard of proof in a New York State Workers’ Compensation claim is that of “substantial evidence.” This means that a Law Judge’s Decision need only be supported by substantial evidence in order to be affirmed by the Board and Appellate Courts. The standard entrusts the New York State Workers’ Compensation Law Judge’s with […]
Eligibility For Permanent Total Disability Benefits
April 27, 2011 Leave a Comment
A common misconception is that Workers’ Compensation claimants who will never be able to go back to the type of work they were doing when they were injured are permanently totally disabled. This is usually not the case. In order to be classified with a permanent total disability most Law Judges require that the claimant […]
Social Security Disability Claims
April 26, 2011 Leave a Comment
In certain instances a vocational expert will be present, usually by telephone, to testify at a Social Security hearing. This expert has extensive knowledge regarding the types of jobs available in the national economy and the specific requirements for each job. The expert will testify after the claimant gives testimony. The purpose of the expert’s […]
Unemployment Benefits: Double Edged Sword For The Disabled
April 12, 2011 Leave a Comment
In order to collect unemployment benefits the applicant must certify that they are ready, willing, and able to do some type of work. Nonetheless, we often recommend that our clients who are partially, but not 100% disabled, apply for unemployment benefits. The reason that they will be allowed to collect unemployment is because they are, […]
Social Security Benefits: Depression And Anxiety
April 8, 2011 Leave a Comment
One of the most common medical conditions listed on applications for Social Security Disability claims is depression and anxiety. These claims can be complicated and difficult because of the subjective nature of the diagnosis and/or alleged limitations. As with all Social Security claims, the clarity and detail with which your doctor completes his medical records […]
Social Security Disability And Age Related Disability
April 4, 2011 Leave a Comment
If you are approved for Social Security Disability benefits and, at a later date, reach full retirement age there should be no change in the amount of your benefit. Everything should stay the same. Administratively, once you attain full retirement age the benefits will be referred to “Retirement Benefits” instead of “Social Security Disability”. There […]
Total Disability In Low Back Injury Cases
January 24, 2011 Leave a Comment
As of this writing, 01/06/11, the current medical guidelines provide various criteria for determining a New York State Workers’ Compensation claimant’s degree or level of disability. Listed below are the criteria in determining whether you qualify to collect disability benefits at the total rate: •Chronic pain and with a history of continuous use of multiple […]
