Social%20Security%20Disability%20Basics

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Social Security Disability Basics

• Prepared by Saundra McDowell
• Based on material from websites provided by SSA
  and NOSSCR in addition to experience in SSD field.

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Types of Disability Benefits

• Disability Insurance Benefits (DIB)
• Supplemental Security Income (SSI)
• Disabled Widow/Widower Benefits (DWB)
• Childhood Disability Benefits (CDB)

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Eligibility Requirements for Social Security
Disability Insurance Benefits (SSDI)

• A Claimant must have worked for five of the last
  ten years to be within their Date of Last Insured
  (DLI).
• A Claimants disability must have lasted (or be
  expected to last) longer than 12 months.
• To meet this requirement one must be, or expected
  to be, disabled for 12 months or the disability
  is expected to result in death.
• A Claimant must be under the age of 65.
• A Claimant must be unable to perform substantial
  gainful activity.
• Substantial Gainful Activity is the ability to
  perform work or work-like activity. If you are
  able to perform any type of work, even if it is
  not your previous job (depending on your age), it
  may be determined that you are capable of
  performing substantial gainful activity.
• A Claimant must provide a doctors diagnosis and
  medical evidence that supports their disability
  claim.
• If a Claimant does not qualify for SSDI, they may
  still qualify for Supplemental Security Benefits
  (SSI).

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Eligibility for Supplemental Security Income
Benefits (SSI)

• A Claimant must have limited income and
  resources
• Income/resources can not be worth more than 2,000
  for a single person or 3,000 for a couple.
• Some things are not counted such as your home and
  one car.
• SSI is for elderly people as well as blind or
  disabled people of any age, including children.
• One may have to meet certain other requirements.
• Monthly payments for 2011 is the same nationwide
  
• 674 for one person or
• 1,011 for a couple.

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Stages in Applying for Disability Benefits

• Application
• Initial Determination
• Reconsideration (in some states)
• Request for Administrative Hearing
• Appeals Council
• Federal Court Review

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What a Claimant Will Need When They Apply at the
Initial Application Stage

• Medical Documentation
• The Claimant will need
• Information on all previous and current doctors
  visits and hospitalizations
• Dates and places of lab reports, x-rays, and
  other clinical diagnostics that provide evidence
  of impairments an d
• A list of current medications and dosages.
• Work History
• SSA will need to know the name and location of
  previous employers for the last 15 years, the job
  description of the positions held at those jobs,
  and how long the Claimant worked at each job.
• W-2 forms will need to be submitted as well.
• Other Documentation
• Included by not limited to Marriage
  Certificate, Certificate of Divorce, Birth
  Certificates, Death Certificates, Social Security
  Card, Military Service or discharge paperwork,
  and Documentation of Child Support Payments.

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What SSA looks at to Determine Whether a Claimant
is Disabled

• There are 5 Steps to the Analysis of Disability
• Step One Eligibility
• Step Two Severe Impairments
• Step Three If they meet or equal a listing
• Step Four If they can return to any of their
  prior work from the past 15 years.
• Step five If there is other work in the
  national economy that the Claimant could perform
  with his/her current limitations.

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When Claimants are 50 Years or Over

• While it is not the only factor, age is an
  important factor in determining whether one is
  approved for SSDI and/or SSI.
• When a Claimant is 50 years old or over different
  rules apply to their claim.
• They must prove they can not perform their
  previous work from the past 15 years.
• Judges do not expect Claimants to go out and
  learn other work when they are 50 and over and
  are significantly limited because of their
  impairments.

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Administrative Law Hearings What to Expect

• The Administrative Law Judge hearing is a
  relatively informal process.
• Before the hearing, the attorney will gather
  evidence to support the claim and prepare the
  Claimant for testimony at the hearing.
• This significantly increases the chance of
  success at the hearing stage.
• The attorney will represent claimant at the
  hearing and will present evidence on his/her
  behalf.
• The attorney will also have the change to
  question the Vocational Expert and the Medical
  Expert if one has been retained for the case.

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Benefits of Representation

• The process is lengthy and complicated for the
  average person.
• Attorneys collect and organize medical records
  and other documentation needed to file requests
  for reconsideration, hearings, and appeals in a
  correct and timely manner.
• Attorneys prepare claimants and witnesses for
  Administrative Law Judge (ALJ) hearings and
  Appeals Council hearings.
• Attorneys make the hearing process easier as they
  are at the hearing to give legal advice, to help
  Claimants better understand the process, and to
  help put them more at ease in a normally
  stressful situation.
• No upfront costs to having legal representation.
• Legal fees are mandated for Social Security Cases
  so even after a Claimant wins, the legal
  representatives only gets paid a percentage of
  their back pay with a maximum allowable fee of
  6,000.

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Forms to Submit at the Hearing

• Medical Source Statements
• Medical Source Statement Physical (MSSP)
• This provides physical limitations based on the
  Claimants physical impairments.
• Make sure the appropriate physician fills this
  out and signs it.
• If more than one physician is seeing the Claimant
  for physical problems, have each of them complete
  a MSSP
• Medical Source Statement Mental (MSSM)
• This provides mental limitations based on the
  Claimants mental symptoms
• Make sure a psychologist or psychiatrist fills
  this out and signs it.
• If Claimant is only seeing a therapist, counselor
  or primary care provider for their mental
  symptoms, their opinions are better than none.

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Frequently Asked Questions (FAQs) For Claimants

• How do I apply for Social Security Disability
  Benefits?
• Go to nearest Social Security office in person
  and wait to see someone to file a claim in
  person, contact SSA by telephone and arrange for
  a telephone interview to file a claim or go
  online to the SSA website and file your claim
  online.
• Am I allowed to collect unemployment or workers
  compensation benefits when I am applying for
  disability?
• Yes, but benefits may be offset, which reduces
  the amount you may get for SSDI or SSI.
• If I expect to return to work in the future,
  should I still file for disability?
• Yes, if you expect to be out of work for a year
  or more on account of an illness or injury, you
  should file.

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FAQs continued

• What can I do to improve my chances of winning my
  disability claim?
• Be as open and honest with SSA as you can when
  giving them information on your medical
  impairments and what keeps you from working. Many
  people fail to tell SSA about any mental
  impairments or learning disabilities that may
  keep them from working. Problems with learning,
  concentration, and memory as well as any symptoms
  you may have from depression or anxiety
  significantly effect your ability to work a full
  time job.
• Also, make sure you see a medical provider for
  any and all impairments, complain about all of
  your symptoms and go to see them as much as
  possible in order to get adequate documentation
  on your disabilities.

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FAQs continued

• How do I get the medical documentation I need if
  I do not have the money to go to the doctor?
• You should apply for Medicaid. There are also
  some free clinics in the area that your legal
  representatives can give you information on that
  you can get treatment and some medications for
  free or at a reduced cost. There may be a wait
  time to get into some of these free clinics so it
  is better to call sooner rather than later.

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Resources

• Free or Reduced Cost Medical Care
• Kansas City Free Health Clinic
• Samuel U Rodgers Health Center
• Swope Health Central
• Truman Medical Center
• Northland Medical and Wellness Center
• Comprehensive Mental Health
• Johnson County Mental Health Center
• ReDiscover (formerly Research MH Services)
• Tri-County Mental Health Services
• Wyandot Center
• Mental Health Association of the Heartland

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Different Types of Resources

• Shelters
• Metropolitan Lutheran Ministries of Kansas City
  (MLM)
• Kansas City Rescue Mission
• City Union Mission
• reStart Inc.
• Hope Faith Ministries
• Mt. Carmel Community Outreach Ministries
• Joyce Williams Shelter

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Contact Information

• Saundra J. McDowell
• Peterson Associates, P.C.
• 801 West 47th Street, Suite 107
• Kansas City, MO 64112
• 816-LAW FIRM
• sjm_at_petersonlawfirm.com