Social Security Justice

The basic requirements to get Social Security disability are: You have not yet attained full retirement age (if you have, you can get retirement benefits, not disability)  Have a severe medical impairment that has lasted, or is expected to last for 12 consecutive months OR to end in death. You are not currently working due to your medical condition(s). I should note that you must have objective medical evidence to prove the severity of your medical problems.  This means that you have been evaluated and treated by a doctor and medical records are available to describe the duration and severity of your symptoms. Question:  "If I haven't been to a doctor for my condition, won't Social Security send me to one of their doctors for an exam?" Answer:  Yes, they may.  However, in most cases these exams will not establish that you have a disability and will not result in approving your claim.  Medical evidence from your own doctor is much better.  ...

SSI stands for Supplemental Security Income.  The Social Security office often calls it "Title 16."  It is a type of welfare benefit for economically distressed, elderly and disabled individuals.  It is very different from Social Security disability (SSDI), also called "Title 2" benefits. Here is what makes SSI challenging: 1)  A claimant does not need a work history, since SSI requires no work credits at all.  However, the claimant must meet very severe financial restrictions. For example, having at least $2,000 in cash, savings or other financial resources can disqualify you financially.  They will also look at deemed income or household income, taking in consideration the income of anyone living in your home (spouse, friend, family member, etc.).  Those persons' income may be used to deny or reduce your benefits.  In short, a claimant must be "needy" to qualify. 2)   A claimant must meet the same medical disability requirements as fo...

Do you meet the basic requirements to receive Social Security disability? To find out, ask us for a free claim evaluation.  We will look at your age, education, medical impairments and work history and determine if you meet basic requirements.  Only Social Security, however, can make the final decision on whether or not a person is eligible for benefits. A good candidate for SSDI benefits.... has a solid work history and has worked at least 5 out of the most recent 10-year period. is presently not working and is not medically able to perform any kind of full-time work. has recent and current medical treatment (records) that prove his or her medical condition.  Persons age 50 or over have a better chance of being approved, although some younger individuals with very severe impairments do get approved, too. The following factors make it much more difficult to get Social Security disability benefits: Little or no past or recent work history* Still working and...

Social Security rules do not permit you to collect disability benefits while you are engaged in "substantial gainful activity" or SGA.   Work activity is considered to be "substantial" if you are working 30 hours per week or more OR if you have gross earnings of at least $1,170 per month.  (This number goes to $1,080 in calendar year 2018). In short, working proves to Social Security that you are "able to work."  Being able to work disqualifies you for disability benefits. May a person work part-time, earn below $1,180 and still be disabled?  Yes, that is possible.  However, the closer you get to the SGA amount ($1,180 in 2018)--the trickier it gets to prove disability.  For example, a person earning $1,165 may technically fall below the SGA threshhold, but decision makers may see that as demonstrating the ability to work.  "If you can earn $1,165, you could earn $1,180."  If you feel you have a legitimate disability claim,* you may w...

Can migraine headaches qualify for Social Security disability benefits? The answer is, Yes, if they are severe and chronic. In order for migraines to be disabling and qualify for SSDI or SSI benefits, the following are generally guidelines. Headaches are chronic and frequent; I consider frequent to be at least 3 times a month. Headaches are severe, so debilitating that they would require you to miss work at least 2 or 3 days a month. Headaches last several hours (maybe all day), even though you take recommended medications. Headaches are intractable to treatment; you have tried prescription medicines and they don't control the headaches in terms of severity, frequency and duration.  Social Security will consider the medical evidence and whether it is reasonable to assume that you cannot perform any work on a "constant and continual basis," which usually means 8 hours a day, 5 days a week.  They will look at required absences due to headaches and how much you w...

An individual may qualify for Social Security disability benefits due to any medical impairment--physical or mental.  There is no particular impairment.  In fact, Social Security will consider all of your medical problems and the combined effect on your ability to perform work-related activity. The most common medical problem for which SSDI benefits are awarded is back or musculoskeletal problems.   If you are under age 50, here is the overriding question Social Security will consider:  Are there any jobs in the national economy that you could perform, based on your age, education, past work experience and medical condition? If the answer is "No," you will be awarded disability benefits.  However, the ability to perform any job which exists in substantial numbers in the national economy will be disqualifying. If you are age 50 or over, the question will probably be:  Are you able to perform any of your past relevant work?  (This means any job y...