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CONCENTRATION, PERSISTENCE AND PACE ISSUES

If a worker cannot maintain concentration, persistence and pace, he or she may be disabled and eligible for benefits. Social Security views work as the ability to sustain work like activity 8 hours per day, 5 days per week, or an equivalent schedule.  In addition, the worker must not be excessively off task, must not require additional rest breaks and must work at a fast enough pace to meet the job's demands. Concentration:  Most experts recognize that every worker will be off task about 5 to 9 percent of the time.  However, concentration can be decreased by pain, discomfort, anxiety, depression or other psychological factors.  When a worker is persistently off task 10 percent of the time or more, during an 8-hour workday, he may not be able to sustain work and would be legally disabled. Persistence:  The regulations consider full-time work to be 8 hours a day, 5 days a week or an equivalent schedule. (SSR 96.9(p)).  A person may be able ...

GET READY TO DO BATTLE: WHY YOU REALLY NEED A LAWYER

The Social Security disability system is a mess! If it worked like it should, you would not need a lawyer or advocate.  You could do it yourself....maybe.  But no more. Unrepresented clients (called "unrepped") are not taken seriously.  When you report for your hearing, the first thing the judge will do is offer to postpone until you find an attorney.  That should tell you something! Social Security has the most narrow definition of disability in the world.  It is so narrow, you can barely see light through it.  For most claimants, you have to convince SSA that you are not able to perform any type of work.  And you must produce doctor's records to prove it. You also have to prove the exact date upon which you became disabled.  And you need medical evidence to prove it. If you intend to collect back pay, you had better pay attention to things like:  Date Last Insured, Alleged Onset Date, Substantial Gainful Activity, and a lot more...

VETERANS MAY QUALIFY FOR QUICKER DISABILITY BENEFITS

Veterans are covered by Social Security and may receive SSDI benefits in addition to VA benefits.  These benefits may begin even while the veteran is still an active member of the US armed forces, as long as the impairment prevents the ability to perform the job. Veterans who have a 100 percent VA disability rating may also qualify for expedited claims processing.  My office is often able to get such veterans approved in less than 4 months. As a veteran, you will need to meet the same basic requirements for disability benefits.  One of the reasons I like working with veterans is that they always have excellent medical records.  One thing the military does is keep medical records on everything--always very detailed.  This helps when you go to file an SSDI claim.

12 MONTH DURATION RULE

The duration rule simply states that you must have an impairment that has lasted, or can reasonably be expected to last, for 12 consecutive months to get Social Security disability.  And you can't piece together different impairments to meet the duration rule. For example, John had a car wreck that kept him out of work for 6 months while he recovered.  That doesn't meet the duration requirement.  However, as soon as he was well from the car wreck, he had to have unrelated surgery which kept him off work for an additional 7 months. Even though John was off work for a total of 13 months, he does not meet the duration requirement because of two separate impairments, neither of which lasted 12 months by itself. The duration rule does NOT mean that you must wait 12 months to file a claim.  If you have at least one impairment that is expected to last 12 months or longer, you may go ahead and file a claim immediately.  Your doctor should provide information that ...

BASIC INFORMATION ABOUT SOCIAL SECURITY DISABILITY

WHAT IS SSDI?   SSDI stands for Social Security Disability Insurance. Since 1956, the US government has required most workers to contribute to a mandatory disability plan administered by the Social Security Administration.  Workers contribute approximately 7.5% of their income (listed as FICA tax on your pay stub) and employers match the amount.  The money goes into a trust account under each worker's Social Security number.  Then, if a disability occurs, the worker can apply for disability benefits. What Are Basic Requirements for Disability?   Assuming a person has worked long enough and recently enough to be covered, here are the basic rules for getting SSDI benefits: at least 1 severe impairment that is medically determinable (provable) the impairment will last a minimum of 12 consecutive months  the impairment is severe enough that the claimant has stopped working full-time What Steps Must You Take To Collect SSDI Benefits?   You ...

DISABILITY SURVIVAL GUIDE

Are you out of work and disabled?  You need a Survival Guide.  Consider my website a Disability Survival Guide.  I attempt to answer questions that you must know the answers to.  After reading my website, you may still be confused about the complexity of Social Security disability.  If so, please call me.  (256) 799-0297.  There is no charge or obligation for this phone call. My website provides answers to many common questions about Social Security Disability benefits.  Take advantage of what we know, our experience and expertise to save time and work and move more quickly to getting your benefits. Simply by filling out a few lines on our CONTACT US form (at our homepage, this website), one of our partners (yes partner) will review your information confidentially and contact you with a free case evaluation.  We'll tell you how to get started, what pitfalls to avoid, and what you need to do.  And your consultation is absolutely ...

COSTS ASSOCIATED WITH A DISABILITY APPEAL (SSDI)

You decide to represent yourself in your Social Security disability appeal.  What cost can you expect to pay out of pocket? The biggest cost will probably be purchasing medical records.  Yes, you will have to purchase all your medical records.  This is something your attorney/representative would do for you if you were represented.  But if you represent yourself, you pay for all records upfront. Most doctors, hospitals and other providers will charge a set fee, usually called a "retrieval fee" just to locate your records.  Then, they will charge you $1 per page for the first 25 pages, then 50 cents per page thereafter. So, let's say you have 175 pages of records with Dr. A.  You pay $17.50 as a retrieval fee.  Then you pay $25 for the first 25 pages.  Then you pay $75 for the remainder of the records.  Dr. A. has just charged you $117.50 for your records. Not too bad, you say.  But wait.  You must obtain records from every d...