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How Does Social Security Define Disability and the Key to Winning Your Case

By Disability | February 7 , 2018 | 01

If  you are disabled and unable to work and want to file for Social Security Disability benefits, you will need to know how the Social Security Administration (SSA) defines disability. You may also want to have an experienced Advocate such as one from Disability Specialist Center LLC  to represent you so you can improve your chances of winning your claim.

Definition of Disability for Social Security Disability Benefits

The Social Security Administration’s (SSA) definition of disability is “the inability to engage in any substantial gainful activity (SGA) as a result of a medically determinable physical or mental impairment(s) that can be expected to result in death or expected to last  for a continuous period of 12 months”.

Medical Records and Functional Limitations Supporting your Disability

You must have a severe medical impairment or combination of impairments that are documented by medical records to prove you cannot work..   The SSA will review your medical records to determine whether your medical condition is severe enough to  meet the requirements of  Social Security Disability.   The SSA will first determine whether you meet a “Listing of Impairments” for your specific medical condition. If you don’t meet a listing,   SSA will then evaluate your functional limitations called your residual functional capacity (RFC) to determine whether you will be able to perform your past work or any other work.

Your Advocate Will Assist You in Getting Documentation to Social Security

Your Advocate will determine what medical evidence is needed to complete your record for your Social Security Disability case. Although medical records will  be an important part of  the case, your functional limitations and other information including how your disability effects your ability to work full time is the most significant part of your case if you want to be successful in your claim.   Your advocate will assist you in the entire claims process from filing the application to appealing your decision if denied.   Your Advocate will  also review and  research the vocational factors and applicable social security laws and regulations that support your case.  Since applying for Social Security Disability Benefits is a long and frustrating endeavor, you should have an  experienced Advocate representing you.

Disability Specialist Center, LLC represents individuals in Michigan.  For a free case evaluation,  please call (248) 788-6840 or complete the evaluation form on our website disabilityspecialistcenter.com.

Filing an Application for Disability Benefits in Michigan

By Disability | February 7 , 2018 | 01

If you are disabled and unable to work, you can file an application for Social Security Disability Insurance benefits (SSDI) or Supplemental Security Income (SSI) online, call the Social Security Administration (SSA) or go to your local Social Security district office.  If you have an SSI claim you will need to go to your local Social Security office to complete the application.  Filing an application can be complicated and overwhelming..  Having an experienced Disability Advocate such as one from Disability Specialist Center, LLC represent you will improve your chances of winning your claim for the reasons listed below.

Filing the Application

There are many forms and complicated questions that need to be completed accurately regarding your medical conditions, symptoms and limitations that interfere with your ability to perform work related functions.   As a result, filing an application with an advocate is crucial since they know how to assist you in answering the  questions that will help your case.

Once your application is filed,  the Social Security office will send your file to the Disability Determination Service (DDS) to  determine whether your are disabled. Sometimes, they will send you out for consultative examination if they need more evidence to make a decision.  Once again, having an advocate will ensure that all of the documents and medical evidence that help support your case are submitted.  If your application is denied, your advocate will appeal your decision. The next level of appeal in Michigan is to Request a Hearing with an Administrative Law Judge.

Disability Specialist Center, LLC  represents individuals in Michigan.  For a free case evaluation, please call (248) 788-6840 or complete the evaluation from on our website.  Disabilityspecialistcenter.com

Disability Benefits for Mental Disorders

By Disability | February 7 , 2018 | 01

 

Studies have shown that having an experienced Advocate representing you will increase your chances for winning your Disability case.  Individuals living in Michigan that are seeking to file or appeal their Social Security Disability claim should contact Disability Specialist Center, LLC at (248) 788-6840.

Definition of Disability

The definition of  disability used by Social Security  is “the inability to engage in any substantial gainful activity by reason of any medically determinable severe physical and/or mental impairment which lasts or is expected to last 12 months.”  There are numerous medical conditions that may qualify an individual for Social Security Disability benefits including mental impairments such as Depression and Anxiety Disorder which can be disabling.

Treatment and Diagnosis

You may be entitled to Social Security Disability Benefits for a mental impairments but there must be medical evidence documenting the diagnosis.  Social Security will review the records from your mental health professionals such as Psychiatrists and Psychologists.  They will also review any hospital records.  Sometimes Social Security will send the claimants out for mental health consultative exams if they do not have sufficient evidence to make a decision.

Symptoms and Functional Limitations

Mental impairments can cause many symptoms including decreased energy, sleep disturbance, appetite disturbance, loss of interest in things,  difficulty concentrating and remembering, panic attacks, anxiety, feelings of worthlessness, mood disturbance and social withdrawal.  Since mental impairments can also interfere with activities of daily living,  Social Security will send daily activities questionnaires to complete to note your symptoms and limitations.   Social Security will review your mental abilities that are needed to perform jobs such as remember work procedures, maintain attention and concentration, make  simple work related decisions, deal with normal work stress and whether you are able to complete a normal workday and workweek without interruptions from psychologically based symptoms.  Social Security will  review your records and functional limitations and determine whether you can perform your past work or any other work in the national economy.   Do not give up if  your case is denied at the application level.  In Michigan, the next level of appeal is the Request for Hearing.

Disability Specialist Center,  LLC represents individuals in Michigan.  For a free case evaluation, please call (248) 788-6840 or complete the case evaluation on our website disabilityspecialistcenter.com

Disability Advocate in Michigan

By Disability | February 7 , 2018 | 01

Studies have shown that having an experienced Disability Advocate representing you will increase your chances for winning your Disability case.  Individuals living in Michigan that are seeking to file or appeal their Social Security Disability claim should contact Disability Specialist Center, LLC

Definition of Disability used by Social Security

Disability means “the inability to engage in any substantial gainful activity by reason of any medically determinable physical and/or mental  impairment which can be expected to result in death or has lasted or be expected to last for a continuous period of 12 months”.

Social Security Disability Insurance Benefits (SSDI)

Social Security Disability Insurance Benefits (SSDI) goes to individuals who have worked in the recent years (5 out of the last 10 years in most cases) and are now disabled.

Disabled Widow’s and Widower’s Benefits are paid to individuals who are at least 50 and become disabled within a certain amount of time after the death of their husband or wife.   The individual’s spouses that have died must have worked long enough under Social Security to be insured.

Disabled Adult Child Benefits go to the disabled children of persons who are either deceased or who are drawing Social Security Disability or retirement benefits.   The child must have become disabled prior to age 22.

For Disability Insurance Benefits, Disabled Widow’s or Widower’s Benefits and Disabled Adult Child benefits, benefits are paid based upon a Social Security earnings record.

Supplemental Security Income  (SSI)

Supplemental Security Income (SSI) benefits are paid to individuals that have little or no financial resources and are disabled.   It does not matter for SSI whether an individual has worked in the past or not.

SSI children’s disability benefits are paid to  children under the age of 18 who are disabled.  SSI benefits for children is determined different than SSI  benefits for adults.  The definition of disability for SSI disabled children  is a physical and/or mental condition that results in marked or severe limitations.

Studies have shown that having an experienced Advocate representing you will increase your chances for winning your Disability case.  Individuals living in Michigan that are seeking to file or appeal their Social Security Disability claim should contact Disability Specialist Center, LLC

Disability Specialist Center,  LLC represents individuals in Michigan.  For a free case evaluation, please call (248) 788-6840 or complete the case evaluation on our website disabilityspecialistcenter.com.

Appealing Your Disability Denial Decision in Michigan

By Disability | February 7 , 2018 | 01

Studies have shown that having an experienced Disability Advocate representing you will increase your chances for winning your Disability case.  Individuals living in Michigan that are seeking to file or appeal their Social Security Disability claim should contact Disability Specialist Center, LLC at (248) 788-6840. 

If your Disability Application is denied, you should have an experienced Advocate appeal it as soon as possible and within the time frame indicated in your denial decision.  In Michigan, the next level of appeal is the Request for Hearing. Your Social Security Disability case will then be assigned to an Office of Hearings Operations (OHO) that is located close to your residence.   The wait time for a hearing could be 12 months or longer depending on the backlog of cases in the OHO office that your case is assigned to.

Developing the Medical Evidence and Preparing your Case for the Hearing

Once the hearing is requested, your Disability Advocate will be able to review your file, determine the medical evidence that needs to be requested and request additional and up to date medical evidence and functional limitations from your treating Doctors.   The task of developing the medical evidence and preparing your case for the hearing is challenging as it is very important to have all of the supporting medical evidence in your file.   While preparing your case for the hearing, the Advocate will also research relevant legal and vocational issues to help you win. Prior to the hearing, the Disability Advocate will often prepare a brief to argue their theory of your case.

Disability Specialist Center,  LLC represents individuals in Michigan.  For a free case evaluation, please call (248) 788-6840 or complete the case evaluation on our website disabilityspecialistcenter

Your Disability Hearing in Michigan

By Disability | February 6 , 2018 | 01

The claimant has a greater chance of winning their claim if they have an experienced Disability Advocate on their side representing them in the Social Security Disability cases.   An experienced Advocate at Disability Specialist Center, LLC will be able to represent claimants throughout the claims process including assisting claimants with the Application and appealing the denial decision. If the claim is denied at the Application level,  it must be appealed within the time frame indicated on your denial decision.  In Michigan, the next level of appeal is the Request for Hearing.

OFFICE OF HEARINGS OPERATIONS

Once the Hearing is requested,  the Social Security case will be assigned to an Administrative Law Judge (ALJ) at an Office of Hearings Operations (OHO) located  close to where the claimant lives.  There is usually a wait time of several months (12-18 months) before a hearing is scheduled.

DISABILITY ADVOCATE PREPARING FOR THE HEARING

At the hearing level, the Disability Advocate will be able to review the file, evaluate the medical and vocational issues and determine what medical records are needed.  The Advocate will also develop the functional limitations from Doctors to present the case to the Administrative Law Judge at the hearing.   Prior to the hearing and once the case is completely developed with the medical evidence, the Advocate may even write a brief to support your case.

ATTENDING A SOCIAL SECURITY DISABILITY HEARING WITH YOUR ADVOCATE

The Social Security Disability Hearing is informal and is held in a conference room.  The people that will be present at the hearing are the Claimant, the Advocate, the Administrative Law Judge and the Hearing reporter.  There may also be a Vocational Expert and/or a Medical Expert present to testify in the case.  Testimony is given under oath and any witnesses including the claimant and the experts will be sworn in prior to giving testimony.  The answers to the questions asked must be spoken clearly as the hearing is taped.   The Administrative Law Judge will write the decision and mail it to the Claimant and their representative within a few months after the hearing.

Waiting For Your Disability Case Decision

By Disability | February 6 , 2018 | 01

It is important to have a Disability Advocate on your side to guide you through the application and appeals process from the beginning to the end.   It should be noted, it can take Social Security a long time to make a decision.

Disability Application

Once your application is filed, Social Security will send  you more forms to complete regarding your symptoms, limitations and daily activities.  Your medical records will be reviewed and sometimes Social Security will send you out for a medical consultative examination.  Your Advocate will assist you in completing the forms and will get medical updates and records to Social Security to support your claim.  It can take an average of 6 months to receive a decision.   If your case is denied,  the decision must be appealed within the time frame on your denial decision and your advocate will be able to Request a Hearing for you.

Hearing Level

Once the hearing is requested, your case will be assigned to an Office of  Hearings Operations (OHO) close to where you live.   The OHO offices in Michigan are located in Oak Park, Livonia, Detroit, Grand Rapids, Flint, Lansing and Mt Pleasant. Your case will be scheduled for a hearing before an Administrative Law Judge (ALJ) within approximately 12-17 months .  During this time, your advocate will continue to work on  your case reviewing your file, requesting  your updated medical records, and functional limitations from your Doctors, reviewing the relevant vocational issues, laws and regulations that support your  case.   Your advocate will prepare you for the hearing and attend it with you.  The ALJ will send the written decision to you within a few months after the hearing.

Important Disability Case Abbreviations

By Disability | February 6 , 2018 | 01

It is overwhelming to file a Social Security Disability claim. One of the reasons is the fact that Social Security has a lot terminology related to Disability claims that you need to know.  In addition,  Social Security uses a lot of abbreviations  making it almost impossible to understand. For that reason,  the following is a list of  the most commonly used abbreviations.

AC – Appeals Council

ADL – Activities of Daily Living

ALJ – Administrative Law Judge

AOD – Alleged Onset Date

CE – Consultative Examination

CFR – Code of Federal Regulations

DAC – Disabled Adult Child

DDS – Disability Determination Service

DLI – Date Last Insured

DO – District Office

DOT – Dictionary of Occupational Titles

ER – Earnings Record

ME – Medical Expert

ODAR – Office of Disability Adjudication and Review

PRW – Past Relevant Work

RFC – Residual Functional Capacity

SGA – Substantial Gainful Activity

SSA – Social Security Administration

SSDI – Social Security Disability Insurance Benefits

SSI – Supplemental Security Income

SSR – Social Security Ruling

TWP – Trial Work Period

UWA – Unsuccessful Work Attempt

VE – Vocational Expert

WIB – Widows Insurance Benefits

 

When filing a Disability claim you really need an experienced Disability Advocate on your side such as one from Disability Specialist Center, LLC. Our Disability Advocates can improve your chances of winning since they are experts  in the Disability  terminology, laws, regulations and medical issues and they know what it takes to be successful in your claim.

Disability Specialist Center, LLC represents individuals in Michigan.  For a free case evaluation, please call (248) 788-6840 or complete the evaluation on the website.  Disabilityspecialistcenter.com

The 5 Step Sequential Evaluation used by Social Security to Determine Whether you are Disabled

By Disability | February 6 , 2018 | 01

If you are filing for Social Security Disability Benefits, you will need to prove that you are unable to work as a result of a severe physical and/or mental medical condition(s).  The Social Security Administration uses the following 5 step sequential evaluation process in determining whether you are disabled.

Step 1-   Is the individual engaging in Substantial Gainful Activity (SGA)?

If the individual is working and the earnings are over the Substantial Gainful Activity (SGA) level, they will be found not disabled.   If the individual is not working or the earnings are less than SGA, the adjudicator will go to step 2.

Step 2 –  Is the individual’s  medical condition severe?

An individual must have a  medical determinable physical or mental condition (or combination of impairments) that is severe and has lasted or is expected to last at least 12 months or result in death.  An impairment or combination of impairments is considered severe if it significantly limits an individual’s  physical and/or mental abilities to do  basic work related activities. If the individual’s  impairment  is considered not severe they will be found not disabled.  If the individual’s impairment  is severe the adjudicator will go to step 3.

Step 3 – Does the individual’s impairment meet or equal the severity of a listing?

Social Security has a listing of medical criteria for many medical conditions that are so severe that an individual would be found disabled if their medically determinable impairment (s) meets or equals one of the listings.   If the individual does not have  an impairment that meets or equals one of the listings,  the adjudicator will go to step 4.

Step 4 –  Can the Individual do any of their past relevant work?

Social Security will  look at the individuals past relevant work (PRW) and will then review their functional limitations called the RFC (residual functional capacity).  If the individual can perform their past relevant work, they would be found not disabled.  If the individual, can’t perform their past relevant work, the adjudicator will go to Step 5.

Step 5 – Can the individual  perform any other work in the national economy?

In determining  whether the individual can do other work  in the national economy,  Social Security will consider the following:  residual functional capacity (RFC), age, education and work experience.   If the individual can make an adjustment to other work,  they would be found not disabled.  If the individual can’t make an adjustment to other work, they  would be found disabled.  There are medical vocational guideline rules that the Adjudicator will consider in  some cases in determining whether the claimant should be found disabled.

You will increase your chances of winning your Disability claim if you have an experienced Disability Advocate such as one from Disability Specialist Center, LLC represent you.  The advocates at Disability Specialist Center can assist you with your application and appeal your decision if you are denied.   The advocates will  also  research, review and submit the medical as well as the vocational and legal issues to the Social Security Administration.

Disability Specialist Center, LLC represents individuals in Michigan.  For a free case evaluation, please call (248) 788-6840 or complete the evaluation form on our website. Disability Specialist Center.com

Winning Your Social Security Disability Case Without a Hearing

By Disability | February 6 , 2018 | 01

Waiting for the Office of  Hearings Operations (OHO) to schedule your Social Security disability hearing is  a long and frustrating experience.

However, there is a little known secret that  most people are unaware of.  The secret is  called an on the record (OTR) decision.  OTR means that you can request a  favorable decision based on the medical evidence in the file.   If the OTR decision is granted, you will win the case without a hearing.  It is important to have an experienced disability advocate such as one from Disability Specialist Center, LLC develop your medical records,  functional limitations and prepare the theory of your case.  If the medical evidence is supportive, your advocate can prepare a brief addressing the relevant medical evidence supporting the disability and request the case be reviewed by the Administrative Law Judge (ALJ) for an OTR decision.  The ALJ will review the Brief and the medical documentation and decide whether to grant or deny an OTR decision.

If The On the Record Decision is Granted

If the supportive medical evidence is substantial and overwhelming, the Administrative Law Judge  will write an OTR  favorable decision which means you will not need to attend a hearing if the OTR request is granted or approved.

If The On the Record Decision is Denied

If the OTR is denied, you will have to wait for your case to be scheduled for a hearing. The Office of Hearings Operations (OHO) will call you to schedule your hearing but it may not be scheduled for several months.  Once your case is scheduled your advocate will prepare you for the hearing and attend it with you.

Disability Specialist Center, LLC represents individuals in Michigan.  For a free case evaluation, please call (248) 788-6840 or complete the evaluation on the website.  Disabilityspecialistcenter.com

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