Posts

Showing posts from November, 2015

ALLEGED ONSET DATE VS. ESTABLISHED ONSET DATE

AOD - The Alleged Onset Date is the date the claimant alleges that he or she first became disabled.  This date is a mere allegation or claim until it is proven and accepted by a Social Security decision maker.  The AOD may be changed by a decision maker, such as an administrative law judge, if he or she feels that the evidence does not support the alleged onset date. EOD - The Established Onset Date is the date a Social Security decision maker accepts or "establishes" as the actual date the disabling impairment first began. The date the disability began can be a "moving target" until the decision maker decides the EOD.  Once the EOD has been established by medical evidence, the claim ant may be able to receive disability benefits back to that date (depending on the dat e of application). Who determines the Alleged Onset Date (AOD)?  The answer is, the claimant or the claimant's representative chooses the AOD.  It may be based on events such as a heart att

DISABILITY FOR PERSONS WHO ARE STILL WORKING?

Here are things that individuals need to consider as they think about Social Security disability while they are still working: First, there is no disability benefit available from Social Security if you are working and earning more than $1,090 per month. You must have stopped working to apply--or at least be earning less than $1,090 per month if working part-time. Second, Social Security does not pay a benefit for the first full 5 months of disability.  At a minimum, you must be prepared for at least 6 months of no income after you stop working.  Getting approved within 6 months is, honestly, pretty much of a miracle.  It often takes much longer. Third, not being able to perform your past work is not enough, in most cases, to qualify for Social Security disability benefits.  If you are under age 50, Social Security will look at your ability to perform other work, including jobs that are unskilled, sedentary and simple, routine jobs.  For example, they may find that y

WHAT IS A "PARTIALLY FAVORABLE" DISABILITY DECISION?

You attended a hearing on your Social Security disability claim.  A few weeks later, you receive a Notice of Decision in the mail that says you have received a Partially Favorable decision.  Does this mean that you are only partially disabled, not fully disabled? ANSWER:  No.  Social Security does not make awards for partial disability.  You are either disabled or not disabled.  There is no such category as "partially disabled" within Social Security law. A "partially favorable" decision means that the administrative law judge has found you to be disabled.  However, he or she has changed some material fact in your application.  Most often, this change involves the established onset date--the date you were found to have become disabled.  For example, in your application you may have alleged that you became disabled on June 1, 2012.  After reviewing the facts of the case, the judge may have decided that you did not become disabled until September 1,

SOCIAL SECURITY DISABIITY: WHAT YOU WISH YOU HAD KNOWN

Image
You Must File a Timely Application.  You must apply for Social Security disability benefits within 5 years after you stop working.  Your insured status will expire, making a new claim impossible.  If there are gaps in your work history, you may have even less time to file a new claim.  Don't wait too long to file after you stop working. You Must Have Enough Quarters of Work.  You become an insured person under the Social Security Act by working and paying FICA taxes.  Most adults need 20 quarters of work to be covered.  These 20 quarters generally must have been accumulated within the most recent 10 year period prior to filing a claim.  Very young individuals might need less than 20 quarters of work. Your Disabling Condition Must Last At Least 12 Months.  Short term disability lasting less than 12 consecutive months is not covered by Social Security.  You must have an impairment that has lasted, or can be reasonably expected to last at least 12 months. You Cann

VETERANS CAN GET EXPEDITED DISABILITY PAYMENTS

Veterans may get expedited claim processing for Social Security disability benefits. To get expedited processing, veterans must self identify and have a 100 percent permanent disability rating from the Veterans Administration. By "self identify," we mean that the veteran must inform Social Security of their 100 percent VA disability rating at the time the application is filed.  We recommend sending a copy of both your DD-214 form and your VA awards letter that shows the percentage of disability award. Does a 100% VA disability award guarantee approval of Social Security benefits?  No.  While a VA award does not automatically qualify for Social Security disability benefits, it does qualify for a much faster processing time--that is, a much quicker answer.  And, since the VA disability evaluation is similar to the Social Security evaluation process, the VA award can work in your favor. If a vet receives Social Security disability benefits, will it reduce the VA

THEY TALKED A LOT ABOUT SVP. WHAT'S THAT?

If you recently were the subject of a Social Security disability hearing, the judge and the vocational expert probably used the term SVP a great deal.  What is SVP and what does it have to do with a disability case? SVP stands for "Specific Vocational Preparation" and refers to the time required for a person to gain the average skills needed to perform a particular job. In other words, how much vocational training is required to learn a particular job? The higher the number assigned to the SVP, the longer it takes to learn the job.  The SVP discussion is most pertinent at Step 5 of the disability consideration:  Are there jobs in the US economy that the claimant could perform, given his/her age, education, past work history and residual functional capacity?  The vocational expert will often respond with examples of jobs that fit a certain set of hypothetical conditions and will give the SVP required to perform the work.  A job with an SVP of 1 or 2 are considered unskille