Comprehending Social Security Disability Claims

As we discuss in making an initial application for social security disability benefits or in whether you should draw unemployment, age makes a difference. If you are under 50 years old, your burden of proof is that you cannot perform any work available in the national economy. So if, for example, you have been working in construction for the past 15 years or have been a nurse's aid, and you have injured your back, even though you can no longer lift over 10 pounds, it is not enough to prove you can no longer perform your past relevant work. You must prove you cannot be a greeter at Walmart (or some other sedentary job) where you do no lifting and can alternate standing and sitting at will. It doesn't matter that these less demanding jobs pay less, nor does such a job not exist in your home town.

The burden of proof changes when you are over 50. The load gets even less strict when you are over 55. Under the same facts outlined above, if you can no longer do your past relevant job and have no transferable skills, it is possible to get benefits. This is why we need to know your past work history. The type of jobs you performed in the previous 15 years makes a big difference, especially when you are over 50. Your level of education is also essential. SSA will consider if you dropped out of school and never got a diploma or GED.

The attorneys at Dempsey, Dempsey & Hilts will meet with you in person and review the facts of your case. Selecting the onset date of disability for your initial application is complicated, and we can help you make that determination. Call us today for your free consultation at 217-222-2432

Part-Time Work:

The best advice is simple: DON'T

Social Security Disability and SSI are for people who cannot work. We know it isn't obvious because the Social Security Administration says you can work part-time and still get benefits if your income is under a certain amount ($1000 per month in 2010). However, only some judges will award people benefits if they work part-time. Think about it. You have to prove you are unable to work. If you are working, that is almost impossible. If you work 15 or 20 hours a week, how can you prove you couldn't work another hour a day and earn more than the magic amount?

The only exception to this rule is if you work at a sheltered workshop or are involved in a particular program with a job coach doing work that would not be considered competitive employment. In any other case, if you are working part-time, you will almost certainly not get Social Security benefits.

SCHOOL:

Again, the best advice is: DON'T

School is a work-like activity. If you can go to school and get passing grades, you can probably do sedentary work. If you are going to school but are receiving exceptional help, it is essential to document the service you are receiving (for example, a note-taker, reader, someone to carry your books or wheel you to class, extra time for tests, etc.) It is also essential to document excessive absences. Only some judges will award benefits to someone who is taking classes.

The attorneys at Dempsey and Dempsey will meet with you in person and review the facts of your case. Selecting the onset date of disability for your initial application is complicated, and we can help you make that determination. Call us today for your free consultation at 217-222-2432

Social Security has identified 200 diseases that are so serious that the condition meets disability standards. Many of them are forms of cancer. The list was expanded as recently as December 2012, when 30 more diseases were added due to public outreach hearings and discussions with the National Institute of Health. To see the entire list, you can go to the SSA website at www.ssa.gov/compassionateallowances/index.htm

A person with one of the listed conditions must apply the same as any other Claimant. There still must be medical records to document the diagnosis. There is a way to flag the application as one that should be considered more quickly than other cases.

The attorneys at Dempsey, Dempsey & Hilts will meet with you in person and review the facts of your case. Selecting the onset date of disability for your initial application is complicated, and we can help you make that determination. Call us today for your free consultation at 217-222-2432

Most people applying for disability are also facing a financial crisis. Loss of income impacts the ability to pay bills. The SSA has established a guideline under HALLEX I-2-1-95 to expedite certain cases. One basis is if the Claimant's illness is terminal. In most situations where that has happened, the diagnosis falls under a compassionate allowance listing.

Another basis is when the Claimant cannot obtain food, medicine, or shelter. A Claimant must take advantage of any state or local program available. A Claimant must also have their initial application denied and their request for reconsideration. If a Claimant is in line waiting for an ALJ Hearing, requesting an expedited hearing and shaving a few months off the waiting period is possible. However, there needs to be evidence of a compelling situation, such as a letter or lawsuit of eviction or foreclosure of your residence.

The attorneys at Dempsey, Dempsey & Hilts will meet with you in person and review the facts of your case. Knowing when to write a "dire need" letter is important; we can help you make that determination. Our office also handles bankruptcies and can advise you about dealing with creditors. Call us today for your free consultation at 217-222-2432

The law office of Dempsey, Dempsey & Hilts would like to make your application for Social Security disability benefits electronically. You can do this yourself or go to your local Social Security office, where they can do it for you, but there are better ideas than this. Here's why: selecting the correct date for the onset of your disability is complicated. It is a combination of when you last worked, what work was substantial, gainful employment, when you began treatment with a doctor regularly for the disabling condition, and whether you qualify for SSD or SSI.

It may come as a surprise, but local SSA offices frequently need to give better advice as to whether someone qualifies for benefits. The regulations say someone can be earning up to $1000 per month and still qualify for benefits. But you should read our segment about "Can I work?" What happens in reality before an Administrative Law Judge is something we can explain that the clerks at SSA cannot.

Furthermore, the burden of proof is on you, the Claimant, to prove you are disabled. This requires medical evidence. If you have not been treated regularly by a doctor or other professional, you are likely to be turned down for benefits. The local SSA office would file your application regardless of treatment. You could be wasting months or years to get your case to a hearing only to have no evidence to present. While the SSA may send you for a "consulting exam" with a physician of their choice, this doctor is not obligated to treat you for your illness and typically conducts a concise examination that results in a report that you can perform some form of work.

If you have not been to a doctor for months because you feel you cannot afford treatment, while it is understandable, it will hurt your case. If you have insurance, it is money well spent to pay for deductibles. If you have no insurance, apply for a state medical card. In the meantime, seek treatment at free clinics or federally funded facilities that will see you on a sliding scale. If you come to see us for your application, we will need you to fill out paperwork listing all your treatments in the last year.

A final warning: if you attempt to do your application online, be sure you are on an official government site. If the website address does not end in .gov, you are not dealing with the SSA. Some attorneys have misleading websites, and you could wind up hiring someone you have never met. This is why we want you to come to our Quincy or Hannibal office for your free consultation, where you will meet with an attorney in person. Avoid making costly mistakes. Before hiring an attorney, ask if they will be with you at a hearing. Also, ask if they are licensed to take your case on appeal to the Federal District where you reside. An attorney you might hire in Utah or Georgia must be more familiar with the doctors, judges, or courts in Missouri or Illinois.

If a person is 18 years of age or older, then they are considered an adult. If you are under 18, then you are considered a child case. The SSA lists 14 different diseases, or "listings," that can qualify an adult for disability. They are:

1) Musculoskeletal

2) Special senses and Speech

3) Respiratory

4) Cardiovascular

5) Digestive

6) Genitourinary Impairments

7) Hematological Disorders

8) Skin Disorders

9) Endocrine Disorders

10) Impairments that affect multiple body systems

11) Neurological

12) Mental Disorders

13) Malignant Neoplastic Diseases

14) Immune System Disorders

To see the specific requirements for each of these categories, go to www.ssa.gov/disability/professionals/bluebook/AdultListings.htm

Even if your health problems do not meet the requirements of one of these listings, a combination of troubles can still prevent you from working.

The attorneys at Dempsey and Dempsey will meet with you in person and review the facts of your case. Describing the nature of your disability for your initial application is complicated, and we can help you make that determination. Call us today for your free consultation at 217-222-2432

Once you have completed your initial application, the Social Security Administration (SSA) will ask your medical providers to send the records for review. It typically takes the SSA three to four months to make an initial determination, which they will send to you in writing. Stay encouraged if you receive a denial. These are form letters that they send to most people.

One typical reason to be denied is that you need to meet a listing. Many people do not have one specific illness that makes them disabled. It is often a combination of problems like chronic pain and depression. Many denial letters will say the SSA thinks that even though you cannot perform your past relevant work, you could perform less demanding jobs. Age can make a difference.

Another typical reason for denial is that you have not been off work long enough. Your disability has to prevent you from working for more than 12 consecutive months. If someone is injured or sick and can recover and return to work in less than a year, then SSA does not have to pay you anything. The federal program is not designed for short-term disability. 

There are private insurance policies that people can buy to provide income for short-term disabilities, and if you have such a policy, apply for those benefits. At the same time, you determine how long your disability will last.

Claimants have 60 days to appeal a denial. The law office of Dempsey, Dempsey & Hilts is happy to meet with you for a free consultation. If we determine after discussing the details of your claim that an appeal is appropriate, we can do the paperwork. If you live in Illinois, you must go through a step called Request for Reconsideration." It is another 3-4 month review process. If something significant has happened, such as a new, more severe diagnosis or an extended hospital stay, getting benefits at this stage is possible. But most often, Claimants get another denial.

If you live in Missouri, you can automatically go to the 3rd step of the process, called "Request for Hearing." Everyone who appeals in a timely fashion is entitled to an in-person hearing. The waiting period for a hearing typically can run anywhere from 12 to 24 months. This is the frustrating part of applying for disability benefits. It is prolonged! Clients often ask: "How am I supposed to survive financially for two years without income?" There is no easy answer. The law office of Dempsey and Dempsey also gives free consultations concerning bankruptcy if that becomes an issue.

Being laid off from a job and drawing unemployment benefits becomes frequently an issue for applying for disability. To draw unemployment, you are telling the state of Missouri or Illinois that you are ready, willing, and able to work. This contradicts telling the Federal government that you cannot work and are therefore disabled.

Even though the Social Security Administration (SSA) issued a Memorandum to its ALJs on November 15, 2006, reminding them that "receipt of unemployment benefits does not preclude the receipt of Social Security Disability benefit," it can be one factor that is considered in determining whether a claimant is disabled. Age makes a difference. Also, the type of work you have performed for the previous 15 years is a factor. We have seen more and more judges turn people down after a hearing because they drew unemployment benefits during the period; they are claiming they are disabled. We advise that it is better not to draw unemployment if you apply for Social Security Disability.

The attorneys at Dempsey, Dempsey & Hilts will meet with you in person and review the facts of your case. Selecting the onset date of disability for your initial application is complicated, and we can help you make that determination. Call us today for your free consultation at 217-222-2432

The Federal Social Security program is set up to help people who have long-term physical or mental health problems. Long-term is defined as lasting more than 12 consecutive months. If someone is injured and off work for only six or eight months or anything less than 365 days, then Social Security Disability will not apply. If you will be off work for more than a year, you may qualify for SSDI.

SSDI stands for Social Security Disability Insurance. Like any other insurance, a person must have paid the "premium" to draw benefits. In SSDI, the "premium" is the FICA tax that is taken out of your paycheck.* To qualify for SSDI, you must have paid 20 out of 40 quarters before the date you became disabled. A quarter is three months of work. Put another way, you must have worked five out of the previous ten years to be insured for Social Security Disability Insurance.

If your work history is spotty, or you can't remember how much you have worked in the last ten years, you can ask Social Security for a printout of your work income. Either call your local Social Security office or go online to make this request. (Warning: If you go to a local SSA office in person for the printout, do not tell them it is to take to an attorney! They may charge you for the printout. Also, note that this printout will NOT list where you worked or what kind of job you had. See our topic, "Why we need information about your work history." We will need to know what you did on each job, how much you stood, how long you sat, how much you lifted, etc.) Even though work you did 15 or 20 years ago can count toward your retirement benefits, it will be too far removed to count towards disability benefits.

If you have not worked enough in the last ten years to qualify for SSDI, another benefit is Supplemental Security Income (SSI). This is a form of welfare, like getting food stamps. It is need-based. You have to be very poor to qualify for SSI. For example, a single person can only have assets worth two thousand dollars beyond their house and one car.

Under SSI, you must prove you have a disability in addition to financial need. If you are married, they look at your spouse's gross income (before taxes), including wages, pensions, or unemployment benefits. If you have children under 18, the sliding scale allows for more payment. There is a cap on SSI benefits. (Currently, in 2013 it is $710 per month) Your household income may reduce this amount or eliminate it.

The attorneys at Dempsey, Dempsey & Hilts will meet with you in person and review the facts of your case. Selecting the onset date of disability for your initial application is complicated, and we can help you make that determination. Call us today for your free consultation at 217-222-2432

*There may be circumstances where you have not paid FICA even though you have worked. For example, public school teachers in Illinois and Missouri pay into a state teacher retirement program. They must apply for disability through their state program rather than SSA. Likewise, some do not pay FICA, and their religious denomination may have a private retirement program. If you have run a family farm or business, your spouse may have claimed all the income under their social security number, leaving you with no credits. Lastly, the SSA will have no recognition if you have worked for cash and have yet to report that income. You may still be eligible for SSI if you meet the financial requirements. 

Whether you hire the law firm of Dempsey, Dempsey & Hilts or any other attorney, the fees are limited to 25% of any past-due benefits. Past due benefits are the money you are owed from when you become disabled until you start receiving benefits. SSA will withhold our fees from your past-due benefits after you are awarded benefits.

You will not be charged an office fee if you come to see us for a free consultation. If we go to a hearing and do not successfully get you benefits, you will not owe us any money. We only get paid if you get help. Once you are awarded honors and receive monthly amounts, we have no claim on your future ongoing benefits. The only other thing we expect you to pay if we are successful is whatever your healthcare providers charge us for copies of your records or to fill out reports. We only charge you for these expenses if we win your case. This sets us apart from many other firms that expect you to pay these costs as you go or seek reimbursement even if they lose.

If you are denied by an Administrative Law Judge (ALJ) at a hearing, your case is still ongoing with Dempsey, Dempsey & Hilts. If it is in your best interest, we can appeal that decision to the Appeals Council. If the Appeals Council denies your claim, we are licensed in Missouri and Illinois Federal District Courts to pursue a Federal Appeal. If the District Court denies your claim, we can appeal to the 7th or 8th Circuit Court of Appeals. If either federal court remands the case for further action by the ALJ, we can seek separate fees through the Equal Access to Justice Act for our time doing the appeal, and those fees, if approved, are paid by the federal government, not you! This is another big difference between our law firm and others. Some firms that advertise nationally on the internet or television will not represent you after losing at a hearing.

The most significant difference between us and other Social Security practitioners is that the attorneys at Dempsey and Dempsey will meet with you in person and review the facts of your case. Selecting the onset date of disability for your initial application is complicated, and we can help you make that determination. Call us today for your free consultation at 217-222-2432

You have the Burden of Proof in a Social Security Disability case. This is where many very sick and severely injured persons have the most trouble. How do you prove your case? You must have medical records documenting your illness to meet your burden of proof. If Social Security Disability were a poker game, the cards would be medical records. Though testimony can be significant, it isn't what you, your family, or friends have to say about your condition.

If you hire Dempsey, Dempsey & Hilts, you will sign medical authorizations so that we can request the complete records from your treating doctors and counselors. Please do not bring us old records. We will order the past relevant documents from your providers. That is our job. Of course, we can't request medical records we don't know about. Your job is to keep track of every healthcare provider you see and tell us about them. We will give you sheets to record when and where you have been treated. We ask for a short description of what happened at your doctor's visit. We will order your records, read them, and provide them to the Social Security Administration. We will pay the cost of obtaining these records upfront. If we get you benefits, we will ask you to reimburse us for that cost when you get your money. If we go to a hearing with you and you do not get benefits, you will not owe us anything for ordering your records.

The most important thing you can do is be sure you are seeing your health providers regularly. It would help if you told them everything that is happening to you. The SSA is supposed to provide further weight to the opinion of your treating doctors than the weight they give to the views of consulting doctors they employ to examine you. Specialists' opinions are given greater weight than a general practitioner's. So, if you have back pain, try seeing an orthopedic doctor. If you have depression or other mental health issues, see a psychologist or psychiatrist. The important thing to remember is to tell your physicians everything that is going on with you.

There is no guarantee that a doctor will write something you tell her in your record, but we guarantee that they will not record something you do not say to the doctor! One of the worst things that can happen in a Social Security Disability hearing is when a client has testified that they have suffered something every day for the past five years. The Judge will turn to the attorney and say, "Show me the medical records where a doctor reports what has happened every day for the past five years." If there is nothing in the record supporting the testimony, the Claimant will be in big trouble!

If, during your representation, you are diagnosed with new primary medical conditions (like cancer), please let us know right away!