The Social Security Disability sequential evaluation uses a five step process to determine if an individual is disabled. In part 4 of our six-part blog series, we look the categories of conditions can meet or equal the list of impairments, known as “the listings.” Examining whether a claimant meets or is equivalent to the listings is Step 3 of the Five-Step Sequential Evaluation Process used by the Social Security Administration in determining eligibility for benefits under the Social Security Act.
Social Security Disability – Step 2 Defining Severe Impairments
Social Security Disability claims are evaluated using a Five-Step Sequential Evaluation process defined in the Code of Federal Regulations. In part 2 of our six-part blog series, we gave an overview of Step 1 of the Sequential Evaluation Process used by the Social Security Administration in determining eligibility for benefits under the Social Security Act. At Step 1, the SSA determines whether a claimant is working at the Substantial Gainful Activity level. Today we review step 2 of the process – Determining whether the claimant has a severe impairment?
Long Term Disability Insurance – The Definition of Disability
Long Term Disability (LTD) insurance companies are notorious for denying legitimate claims based on obscure disability definitions contained in the policy. There is no one legal definition of disability. Every insurance company, the Social Security Administration and the Veterans Administration all have different definitions.
Social Security Disability-Step 1 Substantial Gainful Activity
Social Security Disability claims are evaluated using a Five-Step Sequential Evaluation process defined in the Code of Federal Regulations. In part 1 of our six-part blog series, we gave an overview of the Five-Step Sequential Evaluation Process used by the Social Security Administration in determining eligibility for benefits under the Social Security Act. Today we review step 1 of the process – Substantial Gainful Activity.
Social Security Disability’s Five Step Sequential Evaluation Process
Social Security Disability claims are determined using a sequential evaluation defined by the U.S. Code of Federal Regulations. In this six-part blog series, we’ll look at each of the Five-Step Sequential Evaluation Process’ used by the Social Security Administration in determining eligibility for benefits under the Social Security Act. Today we review the overall process.
In determining disability, the Social Security Act looks at both the “medical” and “vocational” elements.
Social Security Disability Retroactive Benefits
Social Security Disability benefits can be paid retroactively up to 12 months prior to a claimant’s application date if all requirements are met. SSI benefits however are not retroactively paid before the date of the application; in other words, there is no retroactive effect of an SSI application.
For SSI applications there is an effective waiting period until the first of the next month after all requirements are met before benefits begin. For social security disability there is a five month waiting period after the onset date, the date disability began, during which no social security disability benefits are payable. Because only full months are counted, the actual waiting period is nearly always more than five months. Only when a person becomes disabled on the first day of the month is the waiting period exactly five months.
Social Security Disability & SSI Eligibility Requirements
Social Security Disability Insurance Eligibility Requirements-Quarters of Coverage
The social security program for workers functions like an insurance plan. There are requirements that a claimant for disability insurance must have: 1) Contributed to the program (paid social security taxes) over a sufficiently long period to be fully insured and 2) Contributed to the program recently enough to have disability insured status. In short, a worker must have paid social security taxes in order to be insured, just like paying the premiums for a private insurance policy. After stopping work (and therefore no longer paying social security taxes), there will come a time when the claimant’s insured status will lapse, just like with a private insurance policy.
Agent Orange Exposure Of Sailors in Vietnam
Proving You Are a Brown Water Naval Veteran
Vietnam naval veterans, who operated in brown (shallow) waters, may qualify for service connection due to herbicide exposure.
In order to prove exposure as a naval veteran, you must:
Provide documentation of your location during relevant military service;
Identify your ship; and
Obtain evidence of the ship’s location in Vietnam waters
Long Term Disability Insurance – What Did I Pay For?
Most People think that their long term disability insurance policy will replace their income if they are disabled. Most people are shocked to find how the insurance company has structured its policy to minimize the amount it has to pay to a disabled policyholder.
Disability Policies-Mental Health & Subjective Symptom Limitations
Most long term disability insurance companies try to limit benefits to the disabled by writing policies that have a mental health limitation. Usually mental health disability benefits are limited to only a short period of time, typically only 12 to 24 months. This means that benefits for mental health conditions such as depression, anxiety or bipolar disorder will only be paid for a limited time period. Many claimants develop depression secondary to chronic pain. The insurance company will try to classify the claimant’s impairment as mental, so that benefits will be paid for only 24 months. The insurance company may also try to classify a cognitive problem or side effects from narcotic pain medications as a mental impairment. Therefore it is very important to make sure the insurance carrier does not mischaracterize a claimant’s lifetime physical disability as mental.