Disability Lawyer James Abbott

Bad news

2010-02-18T19:11:00.000-08:00

Unfortunately, some people do not qualify for either program. For example, if a wife has become disabled, but she never worked, she will not usually qualify for Disability benefits. If her husband has too much in income, she will not qualify for SSI benefits. In addition, since most child cases are SSI (since most children do not have work credits for Disability), Social Security looks to the parents income for income/resource determination. If the parents make too much income, the child will not qualfiy for SSI benefits, no matter how severe their illness.

Step 1 - Work

2009-03-05T10:29:00.000-08:00

Some attorneys tell claimants that they cannot be "working" and receive Disability benefits. This is not completely accurate. You cannot be performing "substantial gainful activity" (SGA) and qualify for benefits. In 2009, SGA is defined as earningf over $980. If the claimant is working and earnings over $980, they generally don't qualify for benefits; however, there are exceptions. For example, earnings don't count if they are "subsidized." Subsidized earnings mean that someone is simply trying to help the claimant and wouldn't pay some else as they are paying the claimant.

For example, John works for Steve. Steve has known John since he was a small boy. Steve has owned the company for years and has done quite well for himself. He gives John a job and pays him well because he knows that John couldn't support his family without the job. He lets him take frequent breaks and overlooks the fact that John can't really do the job as well as someone else might do it. If John is ill, Steve lets him go home or tells him not to come in. Steve gives John the job because of his long-term friendship, and he wouldn't pay someone else to do the same work as John. This work may be "subsidized." If so, it won't count, and John can still qualify for benefits.

If the claimant is not earning over SGA (or an exception applies), then the case proceeds to step 2. The second step is: does the claimant have a severe impairment?

Disability and the Five-Step Process

2009-03-05T08:16:00.000-08:00

So, what is a "disability?" It is any physical or mental impairment that has more than a minimal effect upon a person's ability to work. Social Security uses a five-step process in determining disability. They ask five questions: (1) is the person working? (2) does the person have a "severe" impairment? (3) does the person have an impairment that meets or equals one of their listings? (4) can the person return to their past relevant work? (5) can the person do any other work that exists in the national or regional economy?

I'll use future blogs to discuss each of these questions, but understand that each step in the five-step process is important. The claimant has the burden of answering the first four questions. If the claimant can prove that they cannot return to their past work, then the burden shifts to SSA to prove that there are other jobs that the claimant can perform, considering their age, education, past work experience, and health problems.

Disability v. SSI

2009-02-07T06:59:00.000-08:00

Before we talk much more about "disability," we need to discuss the two programs: Disability and SSI.

Disability benefits are generally available to people who have worked in the past and are disabled. Remember when you received your paycheck and saw a tax for FICA? That tax was for Social Security benefits, and part of that tax went to pay for disabiltiy benefits in case you become disabled. So, Disabilty benefits are not "welfare." Instead, this is an insurance program that working indivuals purchase when they are working.

On the other hand, SSI (Supplemental Security Income) benefits are for people who have little income, few resources and are disabled. For SSI, it doesn't matter if the claimant has worked in the past or not. Instead, you have to show that you have little income and few resources to qualify. Your spouses income counts, as opposed to Disability benefits where it doesn't matter if your spouse has income or not.

Therefore, some people qualify for both programs, some for neither, and some for one or the other. Here are some examples:

Example 1: 34 year old female with severe breathing problems worked for several years up until two years ago. She has little income and few resources AND has enough work credits for Disabilty purposes. If she proves that she is disabled, she may qualify for both programs.

Example 2: 34 year old female with severe breathing problems has never worked and her husband makes $50,000 per year. This person probably doesn't have the work credits for disabilty, and her husband makes too much for SSI purposes. She probably doesn't qualify for either program.

Example 3: 34 year old female with severe breathing problems has never worked and she is unmarried and staying with family until she can receive benefits. She has no income and no resources. She can probably qualify for SSI but not Disability. For SSI purposes, SSA looks at "countable" and "non-countable" resources -- more on this later.

Example 4: 34 year old female with severe breathing problems has generally worked in the past and has $30,000 in savings. This person may qualify for disability if she has the proper work credits in the right time period but not SSI since she has too much in resources. For Disability benefits, it doesn't matter what resources the person has. They can live in a million dollar home, have savings, retirement, rent houses, etc. It only matters that the claimant has the proper number of work credits in the proper time period. More on that later.

james@350help.com

Basics

2009-02-06T20:08:00.000-08:00

Let's start with the basics. Who is "disabled" for Social Security purposes? In simple terms (we'll go into more detail later), "disability" is defined as an illness or injury that is expected to last for at least 12 months or result in death that keeps a person from being able to work. SSA sometimes tells people that they have to be out of work for 12 months before they can apply for benefits. That is NOT true. The illness or injury has to be expected to last for at least 12 months. In other words, these are individuals with long-term health problems, rather than short term medical problems. You can apply for benefits as soon as you are no longer working.

More questions? E-mail me at james@350help.com .

My First Blog

2009-02-06T19:57:00.000-08:00

Here we are. I've decided to join the 21st century (kicking and screaming, of course). My web site is http://www.350help.com/ , but it needs a great deal of work. I'm trying, so please be patient.

I am a disability attorney, and I greatly enjoy what I do. I help claimants get their Social Security Disability approved when they are unable to work. I currently have clients in six states, and I am looking forward to going nationwide. I have helped claimants from Florida to Washington state. So.......here it goes.