Last December, her fraud of the state welfare system was revealed when evidence surfaced that she did not report the income she was receiving as a nurse’s aid. The total amount that she fraudulently received in New York Social Security disability benefits, food stamps, and Medicaid assistance for herself, her husband, and their five children is estimated at almost $100,000. Despite her arrest and her guilty plea, some claim that she is still collecting benefits from the Albany County Department of Social Services.

For those who are disabled and truly cannot work, New York Social Security disability benefits may be the only way to survive. Because the Social Security Administration often denies claims, appealing a denial with the help of an experienced New York Social Security disability attorney is the next step for those who qualify but are not initially found disabled.

2008 marked the height of the recent economic downturn in the United States. As a response to the decrease in tax revenue and the public clamoring for cost cutting, then-Wisconsin governor Jim Doyle reduced the paid working hours of federal employees, including those responsible for Wisconsin Social Security disability claims.  According to Astrue, despite the resulting several years-long wait times for hearings, the furloughs failed to save any taxpayer money.

According to Social Security Administration data, nearly three out of five claimants who go before a judge win their cases. The quality and type of evidence being presented in favor of a Wisconsin Social Security disability claim greatly determines its chances of success. An experienced Wisconsin disability lawyer has the expertise in gathering and analyzing proof of disability in order to increase the odds that a claim will get approved.

The violation of the men’s rights had not been limited to financial ones, because the U.S. Equal Employment Opportunity Commission is also suing Henry’s for allegedly allowing caretakers to physically abuse workers, insult them based on their disability, confine them to their rooms, and deny them restroom breaks.

About two years later, at the conclusion of the lawsuit filed against the company, a Davenport federal judge ordered that $1.76 million be paid by Henry’s Turkey Service to 31 disabled employees. Additionally, as a result of the worker exploitation and state labor law violations, Iowa labor officials have imposed a penalty of $1.1 million against the company.

For those who cannot work due to a medical condition, Iowa Social Security disability benefits can provide needed income. If an Iowa Social Security disability claim has been denied, the claimant should appeal with the help of an Iowa Social Security disability attorney to increase his or her chances of success.

As in much of the rest of the United States, many of the homeless residents of San Mateo County are veterans and/or disabled. Of the latter group, less than a fifth receive the California Social Security disability benefits to which they are entitled. Similarly, only a small percentage of those eligible receive Medi-Cal (California’s state-run Medicaid program) or Medicare benefits. Along with ensuring a wide range of affordable housing options, HOPE works to increase the access of their disabled clients to California Social Security disability benefits.

Many who are not aware that they qualify for disability benefits struggle financially due to an inability to work. Furthermore, those who do apply for California Social Security disability benefits often do not appeal after being denied. Because the denial rate is so high, it is advisable to appeal with the help of an experienced California Social Security disability attorney.

The Arizona resident was on standard Arizona Health Care Cost Containment System (AHCCCS), Arizona’s Medicaid agency. Later, he was put on what was supposed to be a transitional AHCCCS plan until his Medicare kicked in on December of 2012. This coverage was rescinded as of June 1 because he receives $12 more a month in Arizona Social Security disability benefits than is considered a low enough monthly income to be qualified for AHCCCS. Unable to cover the cost of the operation, he has turned to the fundraising efforts of close friends for the money he needs for the necessary medical procedure.

There is an important relationship among Arizona Social Security disability benefits, eligibility for the federal Medicare program, and enrollment in state-run Medicaid such as Arizona Health Care Cost Containment System. To learn more about Arizona Social Security disability benefits, talk to an experienced Arizona Social Security disability lawyer.

Collecting another’s Social Security benefits is clearly fraud, but Martin’s case also calls attention to an issue in the Alabama Social Security disability claims process. At the trial, Martin claimed that he was thoughtless with his actions because he was doing whatever he could to make ends meet while he waited for his own Alabama Social Security disability benefits to start. His defense attorney, Greg Hughes, argued that his client’s situation, while not excusable, could be explained by financial desperation.

As evidenced by Martin’s case, there is often a significant delay between the date when Alabama Social Security disability applicants are first unable to work and when they receive their first payment of benefits. In times of economic hardship, the Social Security Administration’s budget faces significant cuts in addition to an increase in applications for Alabama Social Security disability benefits. This leads to a backlog of cases. The resulting delay can prove to be a financial burden on the most vulnerable of individuals who qualify for Alabama Social Security disability benefits

Even in the best of times, many of those who apply for Alabama Social Security disability benefits are denied. This necessitates an appeals process that can take long enough time to cause financial hardship. Appealing a claim as soon as it is denied is always advisable for those applying for Alabama Social Security disability benefits. If facing with a hearing for disability benefits, claimants can increase their chances of success and expedite the award of benefits with the help of an experienced Alabama Social Security disability lawyer.

Most applicants for Social Security disability benefits will have to testify at a hearing before an administrative law judge. While the idea of a legal hearing before a judge may be intimidating, there is no need to worry. Think of the Social Security disability benefits hearing as an opportunity. This is your chance to meet the person who will be deciding your claim, look him or her in the eye, and tell your story in your own words. To make the most of this opportunity, follow these three guidelines when speaking at your disability hearing:

1. Tell the truth, without exaggerating or minimizing your symptoms. The first rule of testifying at the hearing is the simplest: Tell the truth. As you testify, the judge will be assessing your credibility – that is, making a determination about whether you and your claims of impairment are believable and trustworthy. If you lose your credibility with the judge, you will lose your case. Testify truthfully. Do not exaggerate your symptoms and pretend to cry or to be in more pain than you are. Likewise, do not minimize your symptoms and suffer through your testimony. If you are in pain, or if you need to take a break, say so.

2. Describe your daily activities in detail, using examples and anecdotes. At some point during the disability hearing, the judge will ask you the following question or some variation of this question: What do you do on a typical day? This question presents you with a golden opportunity to persuade the judge that your condition prevents you from working. To make the most of this opportunity, tell the judge about your day, hour-by-hour. Use specific examples to paint a picture of what a typical day was like before you started having health problems and what a typical day is like now. For example, you might give the judge details about the following:

• What time do you get up in the morning? Are you rising later now because you have trouble sleeping through the night?
• Do you need help getting dressed? If you dress yourself, how long does that take? Have you stopped wearing clothing with buttons and zippers?
• Do you do any household chores or run errands during the day? Do you need help to accomplish these basic tasks you used to do alone?
• Do you need to rest during the day? How often?
• Do you spend most days watching TV? Did you ever watch TV in the middle of the day before you were disabled?
• Do you cook dinner for your family? Are you cooking the large family meals you used to cook or are you opening a can of soup?
• How well do you sleep at night?

Remember, your goal is to describe in vivid detail how your disability has affected your daily life and limits your ability to work.

3. Describe your pain and other symptoms precisely and honestly. To make the most of your testimony at your disability benefits hearing, describe your pain and other symptoms as precisely as you can. Do not exaggerate or minimize your symptoms; try to give specific examples of the following:

• What is the nature of your symptoms? Does fatigue keep you in bed all day? Does the back pain stop you in your tracks?
• How intense are your symptoms? If you suffer from pain, don’t tell the judge, “It hurts.” Be specific. Rate your pain on a scale of “1” (no pain) to “10” (the worst pain you’ve ever experienced). What aggravates the pain? What helps to alleviate the pain?
• Where does it hurt? Where is the pain concentrated in your body? Does it radiate from one point to another, for example from your neck down to your shoulder?
• How long do your symptoms last? Again, the more specific your answer, the better. For example, do not say, “Sometimes it lasts for days.” Instead, say something like “Usually, the pain lasts several hours. In the past year, though, I have had half a dozen episodes where the pain lasted for almost 24 hours, and twice it was so bad that I couldn’t get out of bed for over a week.”
• How often do you experience these symptoms? Do not tell the judge that you are “always” short of breath or that the pain “comes and goes.” Be specific. On a typical day, how many times do you feel dizzy? Do you struggle to catch your breath after walking from one end of the house to the other? How often do you have pain in a typical week?

An Experienced Disability Lawyer Can Help You Prepare

Good preparation makes good testimony. If you are not currently represented by a disability lawyer and you would like to talk with me about your hearing or about other aspects of your case, please click here, then complete the form to the right.

Back to profile.

1. What is the most common mistake made by disability claimants?

Most denials of claims for disability benefits can be reversed if knowledgeable Social Security lawyers are retained to handle the appeals. But patience and perseverance are required. As you will see from the award rates below, most disability claimants give up too soon.

1. Application level. Initial applicants for Social Security disability will wait on average 120 days to receive an answer, and for 35% it will be yes. Out of those rejected at this initial level, 52% will abandon their claims and 48% will appeal.

2. Reconsideration level. Claimants who timely filed their appeals within 60 days of receipt will wait 90 days for a decision. Only 15% will receive good news. Out of those who don’t, 30% will give up and 70% will appeal.

3. Hearing level. This is where patience and good representation pay off. National claimants will wait 15.5 months for a hearing and decision, but 55% will be awarded benefits. Of the remainder, 55% will quit and 45% will appeal.

4. Appeals Council. Another 220 days are required. Only 2% of claimants will be rewarded with benefits; about 23% of claimants will have their claims sent back for another hearing. Most of the rest will give up. Only a few appeal to federal court.

5. Federal court. Claimants wait another 540 days for a federal court decision. About half of them will have their claims sent back for another hearing before an administrative law judge. Only a small percentage are awarded benefits by the federal court.

The lesson from these national averages is to pursue your Social Security disability claim through the first three levels — application, reconsideration, and hearing. Most of those who don’t give up before the Social Security disability hearing will be awarded benefits.

2. What does a disability lawyer do?

The big-picture answer is: analyze what needs to be proven to win benefits, figure out how to prove it, and gather the necessary evidence. Some of the specific tasks are:

• Obtain reports from treating doctors that are consistent with Social Security regulations
• Refer claimants to specialists for additional reports that answer questions raised by Social Security regulations
• Obtain a vocational expert’s evaluation of the claimant’s ability to work
• Ask that a prior application for benefits be reopened
• Seek a waiver of a time limit
• Request subpoenas to insure the presence of crucial witnesses or documents
• Advise the claimant on how best to prepare for and testify at the hearing
• Object to improper evidence or procedures at the hearing
• Cross-examine adverse witnesses
• Present a closing statement
• Submit a written summary of the evidence and argument
• If the claimant wins, make sure the SSA correctly calculates benefits
• If the claimant loses, request review of the hearing decision by the Appeals Council

3. What should I know and do before I go see a disability attorney?

• Gather all of your social security papers, especially the denial letters and appeal forms. Include any papers related to earlier applications
• If you have any hospital records or medical reports in your possession, bring them too.
• If you received unemployment compensation during any time you claim to be disabled, bring any unemployment records you have.
• If you have been involved in any other disability cases, such as short or long term disability or workers’ compensation, bring any papers you have that are related to those cases.
• Be careful about appeal deadlines (65 days after the date on your denial letter). If the deadline is near, file the appeal before seeing your attorney.

4. How can I tell if I am disabled enough to apply for social security disability benefits?

Social Security regulations make it easier to be found disabled as you get older. It becomes easier for a few people at age 45 (those unable to read English), for more people at age 50, for most people at age 55, and even more people at age 60.

If you are over age 55 and you cannot do any job you have done in the past 15 years, you should definitely apply. If you are over age 50 and have a severe impairment that keeps you from doing all but the easiest jobs, you ought to apply.

But even if you are a younger person, you do not have to be bedridden in order to be found disabled. If you are under age 45 or 50 and you cannot do your past jobs and you cannot work full time at any regular job, that ought to be enough.

Nevertheless, being unable to work and being found disabled by the Social Security Administration (SSA) are two different things. It is often difficult to convince SSA that someone is disabled even when he or she genuinely cannot work. But it is not impossible.

If you really cannot work, apply for disability benefits from SSA.

Back to profile.

Yes.  It is easier to be found disabled by the Social Security Administration as you get older. Social Security law makes it easier to qualify for Social Security benefits for a few people at age 45, for more people at age 50, for most people at age 55, and even more people at age 60.

When and How Does My Age Come Into Play?

The Social Security Administration follows a five-step sequential evaluation process to determine whether you are disabled for purposes of its two disability programs — Social Security disability or Supplemental Security Income, which is referred to as SSI. If it finds that you are disabled or not disabled at a step then the determination is over and it does not go on to the next step.

Those five steps are:

• Step 1. You are not engaging in “substantial gainful activity” (work that pays you $1,000 per month or more and involves more than minimum duties); and
• Step 2. You have a “severe” medically determinable impairment (an impairment or combination of impairments is generally considered severe by the Social Security Administration if it significantly limits your physical or mental ability to do basic work activities); and
• Step 3. Your impairment meets or “equals” one of the impairments described in the Social Security regulations known as the “Listing of Impairments;” or
• Step 4. Considering your “residual functional capacity,” you are unable to do your “past relevant work” (any substantial gainful activity you did during the past 15 years for a long enough time to learn the job); and
• Step 5. You cannot make an adjustment to other work that exists in significant numbers, considering your residual functional capacity, age, education, and work experience.

Note that the words in quotes have precise meanings in Social Security law.

In addition, to be found disabled you must meet the “duration requirement.” That is, your disability must last for 12 full months.

In summary, there are two main routes to a finding of disability on an SSI or Social Security disability application:

• Your impairment must meet or equal an impairment described in the Listing of Impairments — the sequential evaluation process culminates at Step 3; or
• You must meet all the other requirements of the sequential evaluation process culminating at step 5.

Therefore, your age comes into play if the second route is taken. This route is taken when your impairment does not must meet or equal an impairment described in the Listing of Impairments.

Age as a Factor in Step 5 of the Social Security Disability Evaluation Process

Disability claimants who do not meet the step 3 requirements of a severe mental or physical impairment must meet the requirements of steps 4 and 5. At step 5, as discussed above, the Social Security Administration will determine whether you can make an adjustment to other work that exists in significant numbers in the national economy. This step considers your age in addition to your remaining work capacity, education and work experience. This is the most complicated step in the sequential evaluation process.

The Social Security Administration has provided an important tool for determining whether or not you are disabled because of medical impairments and vocational factors: the Medical-Vocational Guidelines. The Medical-Vocational Guidelines, popularly known as the “grids” or “grid system,” provide that the older you are, the easier it is to be found disabled.

Age and the Social Security Administration’s Grid System

The Social Security Administration’s grid system can be complicated, but generally it results in making it easier for people over age 50 and especially those over age 55 to meet the definition of disability. This is because if you are older than age 50 (or age 45 in some cases) and no longer do the sort of work you have done in the past, the Social Security Administration must take your age into account when considering whether or not you can do other work.

• Under age 50 – If you are under age 50, the Social Security Administration generally does not consider that your age will seriously affect your ability to adjust to other work. However, in some circumstances (particularly, if you are illiterate and/or cannot communicate in English) the Social Security Administration considers that persons aged 45-49 are more limited in their ability to adjust to other work than persons who are under age 45.
• Age 50-54 – If you are closely approaching age 50-54, the Social Security Administration will consider that your age, along with a severe impairment and limited work experience, may seriously affect your ability to adjust to other work.
• Age 55 or older – If you are age 55 or older, the Social Security Administration believes that your age significantly affects your ability to adjust to other work. It has special rules for persons in this category who are closely approaching retirement age (age 60 and above).

If there are two disability claimants with nearly identical disabilities and backgrounds and only one of them is older than 50, the older claimant is more likely to receive disability benefits than the younger disability claimant.

You should definitely apply for Social Security disability benefits if: (i) you are over age 50 and have a severe impairment that keeps you from doing all but the easiest jobs or (ii) you are over age 55 and you cannot do any job you have done in the past 15 years.

Back to profile.

To qualify for Social Security disability benefits, most claimants under age 50 will need to show they cannot do a wide range of sedentary work.

Sedentary work is defined as work involving lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers and small tools. Sedentary jobs may require occasional walking and standing. Most unskilled sedentary jobs require good use of the hands and fingers for repetitive hand-finger actions. Periods of standing or walking should generally total no more than about 2 hours of an 8-hour workday, and sitting should generally total approximately 6 hours of an 8-hour workday.

To build a strong Social Security disability case, I will look for functional limitations that whittle away the range of sedentary work that you are capable of doing to arrive at the point where jobs you can do don’t exist in significant numbers.

I will explore the following possibilities with you.

Do You Have Manipulative Limitations?

Most unskilled sedentary jobs require good use of both hands and the fingers; i.e., bilateral manual dexterity. Fine movements of small objects require use of the fingers; e.g., to pick or pinch. Any significant manipulative limitation of an individual’s ability to handle and work with small objects with both hands will result in a significant erosion of the unskilled sedentary occupational base.

Reaching, handling, fingering, and feeling require progressively finer usage of the upper extremities to perform work-related activities. Reaching (extending the hands and arms in any direction) and handling (seizing, holding, grasping, turning or otherwise working primarily with the whole hand or hands) are activities required in almost all jobs. Significant limitations of reaching or handling, therefore, may eliminate a large number of occupations a person could otherwise do.

Do You Have Sitting Limitations?

In order to do a full range of sedentary work, a person must have the capacity for prolonged sitting. Sitting should generally total approximately six hours of an eight-hour workday.

An individual may need to alternate the required sitting of sedentary work by standing (and, possibly, walking) periodically. Where this need cannot be accommodated by scheduled breaks and a lunch period, the occupational base for a full range of unskilled sedentary work will be eroded.

Do You Have Standing and Walking Limitations?

A person is expected to be capable of standing and walking intermittently for a total of about two hours out of an eight hour workday. Any significant reduction of standing and walking capacity below this limited amount will reduce the sedentary occupational base. A Social Security Ruling says that the occupational base of a person who can stand and walk for only a few minutes out of the workday would be significantly eroded.

Must You Use a Cane?

Because sedentary work requires a person to be able to obtain and return objects, and stand and walking for approximately two hours out of an eight hour working day, it follows that use of a cane would limit capacity for a full range of sedentary work. A person sometimes needs two free hands to carry some objects encountered on sedentary jobs.

Do You Need to Walk Around?

The need to periodically walk around (often necessary for those with back problems) is likely a disabling limitation, depending on the frequency and duration of the need to walk around, because this takes a claimant away from the work station.

Do You Need to Elevate Your Legs?

The need to elevate one or both legs when sitting may significantly limit the full range of sedentary work depending on how high and for how long during a working day the legs must be elevated.

Are You Unable to Stoop?

Stooping is defined as bending “the body downward and forward by bending the spine at the waist.” A Social Security Ruling notes that a “complete inability to stoop would significantly erode the unskilled sedentary occupational base and a finding that the individual is disabled would usually apply.” But since most unskilled sedentary jobs require only occasional stooping, a reduction to occasional stooping would only minimally erode the sedentary occupational base.

Do You Need to Lie Down During the Day?

Obviously a need to lie down during the day will be accommodated in few unskilled sedentary jobs.

Are You Visually Impaired?

Most sedentary unskilled occupations require working with small objects. If a visual limitation prevents an individual from seeing the small objects involved in most sedentary unskilled work, or if an individual is not able to avoid ordinary hazards in the workplace, such as boxes on the floor, doors ajar, or approaching people or vehicles, there will be a significant erosion of the sedentary occupational base.

Do You Have Environmental Restrictions?

Certain types of environmental restrictions, such as restrictions on exposure to noise, dust and other respiratory irritants, and odors, if extreme, may significantly limit the ability to do a full range of sedentary work.

Do You Have Mental Impairments?

A substantial loss of ability to meet any one of several basic work-related activities on a sustained basis (i.e., 8 hours a day, 5 days a week, or an equivalent work schedule), will substantially erode the unskilled sedentary occupational base and would justify a finding of disability. These mental activities are generally required by competitive, remunerative, unskilled work:

• Understanding, remembering, and carrying out simple instructions.
• Making judgments that are commensurate with the functions of unskilled work—e.g., simple work-related decisions.
• Responding appropriately to supervision, co-workers and usual work situations.
• Dealing with changes in a routine work setting.

Do You Suffer From Any of the Following?

These conditions may interfere with the ability to perform sedentary work.

• The effects of treatment including frequency of treatment, duration, and disruption to routine.
• Side effects of medication.
• Dizziness.
• Bladder or bowel problems that require frequent rest room use.
• Need to maintain a colostomy or ileostomy.
• Skin impairment.
• Headaches.
• Pain.
• Seizures.
• Inability to hold the head in flexed forward position.

I Can Help With These Social Security Disability Claims

Social Security disability cases for literate claimants under 50 are tough, but not impossible to win. Skilled assistance is essential.

If you have such a case, are not already represented by a Social Security disability attorney, and want my evaluation, click here, then give me a brief description of your claim using the form to the right.

Back to profile.