Rule of Law: Government in all of its actions is bound by rules fixed and announced beforehand - rules which make it possible to forsee with fair certianty how authority will use its coercive powers in given circumstances and to plan one's individual affairs on the basis of this knowledge.
(F.A. Hayek) The Road to Serfdom

Sunday, April 11, 2010

Social Security (Disability)

  Well, I promised that I would have some information on social security law. There are two separate programs that individuals can apply for. The first is Social Security Disability (SSD). This type of benefit plan is for those who are unable to maintain gainful employment because of some disabling condition. What does this statement mean? I will not post numbers because the annual income amount changes from year to year, but this requirement means that an individual may be employed, "part time". As long as the amount of yearly income that the individual makes is below that amount, they can still be considered not able to be gainfully employed.




How does Social Security determine a claim?

There are two ways that an individual can have a meritorious claim. First, an individual can meet or equal a listing. Social Security has on their website what is called listings, part A listings are for adult claims, Part B listings are for adolescent claims. In order to meet a listing, the individual needs to meet every part of the listing. In addition to having meet the physical or mental requirements, the individual must have medical documentation to “back up” their claim. Plus, that condition needs to be unlikely to improve in the near future, which would render the applicant able to work because of the health improvement.

The second way that a claim is determined is under the “Grid”. The grid is just that, a grid, which Social Security has published that lists a number of different aspects. First is age. Social Security does not state ages but instead lists ages according to category such as advanced age or closely approaching advanced age. Next is listed the educational level that the applicant has, which includes transferable skills. Finally is the level of work that the applicant is able to perform. Categories are listed such as light, moderate, or heavy. The applicant should first compare their prior work to these categories and then compare themselves to every job in the national economy. The final column lists if the applicant is disabled or not. Hopefully this helps you understand the determination process a little better. An attorney will be more than happy to help you with your claim, as will I once I have passed the bar. Tomorrow I will post information on SSI.

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