SOCIAL SECURITY PROGRAMS

The Social Security Administration has two programs that provide benefits based on disability: (1) Social Security Disability Insurance Program (SSDI) and (2) the Supplemental Security Income Program (SSI).

SSDI provides for payments of disability benefits to people who are “insured” under the act by virtue of their contributions to the Social Security Trust Fund through the social security tax on their earnings, as well as through certain disabled dependents of insured individuals.

SSI payments are to individuals who are disabled and have limited income and resources.

DEFINITION OF DISABILITY

The definition of disability under both programs is basically the same. The law defines disability as the inability to engage in any substantial gainful employment because of a medically objective physical and/or mental impairment which can result in death or which has lasted or can last for a continuous period of not less than 12 months. There has to be medical, clinical, or laboratory diagnostic support for the impairment. Although your testimony will be helpful, medical records, laboratory findings, or a diagnosis from a doctor certainly improves the chances of winning your case.

STATE AGENCY

Most disability claims are initially processed through the Social Security Field Offices of state agencies. If you lose at that level and a lot of people do, don’t stop there, retain our firm and we will review the case to see if the state agency has made some kind of an error. Many times not all of the medical records have been obtained and the state agency is often restricted on what they can actually do and determine as far as disability. We appeal the state agency’s unfavorable decision to an Administrative Law Judge and the appeal needs to start within 60 days of the initial letter from the state agency entering an unfavorable decision against you.

APPEAL OF STATE AGENCY

The issues at the hearing are: You are disabled only if you have a physical or medical impairment that (1) has prevented you from doing any substantial gainful work and (2) has lasted 12 straight months or can be expected to last for that time or will result in death. To decide if you are disabled, the Court will have to make a determination of (1) any work you have done since you got sick; (2) the severity of your impairments; and (3) your ability to do the kind of work you did in the past and, considering your age, education and work experience any other work that exists in the national economy. If you have a drug addiction and/or alcoholism, which is an issue in your case, the Judge must make a decision whether they are a contributing factor material to the determination to your disability. If it is a contributing factor, the Court will find you not disabled.

Many times at the disability hearing in front of the Judge, a vocational expert will be at the hearing to listen to your testimony and evaluate and make a determination whether or not you can return to work.

At the hearing, we clearly have an opportunity to review your file. Before the hearing, of course, we will have (1) updated all of your medical records; (2) you will have a chance to testify and tell the judge about your case; (3) you can submit documents that you have just received; and (4) we can present and question witnesses. There is an audio recording of the hearing. For what its worth, the Social Security Regulations provide for disability evaluation under a procedure known as the sequential evaluation process, which is the process used by the Judge to make a determination of your disability. For adults this process requires (1) sequential review of your current work activity; (2) the severity of your impairments; (3) your residual functional capacity; (4) your past work history; and (5) your age, education, and work experience. These are the issues that I, as the attorney, will attempt to present to the Judge to assist him in his making a determination of disability.

BENEFITS

Disability benefits start approximately five months after the established onset of the disability. Therefore, Social Security Disability benefits will be paid for the sixth full month after the date of the disability.

If you receive disability, can you receive Medicare or Medicaid coverage? Medicare helps pay hospital and doctor bills of disabled and retired people who have worked long enough under Social Security to be insured for social security benefits. It generally covers people who are 65 and over; people who have been determined to be disabled and have been receiving benefits for at least 24 months; and people who need long term dialysis treatment for chronic kidney disease or require a kidney transplant. In general, Medicare pays 80% of reasonable charges.

ATTORNEY FEES

If you think you qualify for Social Security Disability, I would urge to make contact with the Social Security Office here in Colorado Springs, Colorado at (719) 574-9279, and get involved in the process. If at the state level you are turned down, immediately make an appointment with The Law Firm of Kenton D. Kinnaird & Associates, P.C. at (719) 520-0003 and we will begin an evaluation of your case. The Social Security Disability Act controls the attorney’s fee and costs. Currently, the attorney can only receive 25% of past disability payments, but no more than $5,300.00 plus the costs of the litigation. Call and make an appointment for a free initial consultation. Don’t sit on your rights, act now.