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.

Day in Court

I was successful in court, my client is now divorced. I had to do a "prove up", which means that I explain to the court what it is that we are asking for. Then the judge asks questions, and I answer what  can on behalf of the client. The judge then makes sure that the client understands exactly what is happening and will be the result of his order. Finally, he orders the divorce. I then take the file to the clerk to get a certified copy so that my client can get her name changed back to her maden name.

It was very difficult to remain calm and have a stoic face to hide the nerves and excitement of doing my first divorce. The advantage of this client for my first divorce was that she was already seperated and the divorce was already in place in everything but legal nature. Therefore, myclient was not as emotional as some people who are getting divorced might have been. This was a great experience for my first divorce. My next major legal step is going to be depositions of officers of a corporation. Thanks for reading and I look forward to telling you more about my legal experiences.