I HAVE LUPUS CAN I GET SOCIAL SECURITY DISABILITY BENEFITS?

Transcription

1 SHARON A. CHRISTIE, ESQUIRE I HAVE LUPUS CAN I GET SOCIAL SECURITY DISABILITY BENEFITS? Sharon A. Christie

2 The Answer Is: IT DEPENDS

3 The process is long and complicated You could be denied twice and then go to a hearing with an Administrative Law Judge before you are approved for benefits DON T GIVE UP!

4 WHAT YOU WILL LEARN The definition of disability for Social Security disability purposes The process from filing the application to the hearing with an ALJ What type of evidence is needed to support a disability claim

5 TWO DISABILITY PROGRAMS SOCIAL SECURITY: DIB/ SSDI Eligibility based on your work history Need certain amount of quarters to qualify SSI Supplemental Security Income Eligibility based on your assets Must have very limited assets Monthly disability payment depends on your earnings record Monthly disability payment is capped at $721/month

6 DISABILITY Defined as: inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. 42 USCA 423(d)

7 any substantial gainful activity Not limited to past work $1090/month limit

8 medically determinable physical or mental impairment Medical evidence is the key to obtaining disability benefits The evidence must show that your physical or mental limitations prevent you from working

9 which has lasted or can be expected to last for a continuous period of not less than 12 months There must be evidence that the condition has existed at a disabling level for at least 12 months or is likely to continue for that long.

10 1. FILE APPLICATION In person Phone Internet 3-6 Months for Decision Based on Review of Medical Records Most Claims Are Denied

11 2. REQUEST FOR RECONSIDERATION 3-6 Months for Decision Based on Review of Medical Records Probably Denied Again

12 3. REQUEST FOR HEARING months to get a hearing Appear and testify before ALJ Based on review of medical records plus testimony

13 EVIDENCE EVIDENCE WHAT IS THE DIAGNOSIS? WHAT SYMPTOMS DOES THE CLAIMANT HAVE? WHAT LIMITATIONS RESULT FROM THOSE SYMPTOMS?

14 EVIDENCE EVIDENCE EVIDENCE: MEDICAL RECORDS DISABILITY REPORTS AND QUESTIONNAIRES CONSULTATIVE EXAMS TESTIMONY

15 HOW DO I PROVE MY CASE? 1. MEET A LISTING

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17 Listing for Lupus

18 HOW DO I PROVE MY CASE? 1. MEET A LISTING 2. RESIDUAL FUNCTIONAL CAPACITY (RFC)

19 AWARD BACK PAYMENT EVIDENCE AWARD FUTURE PAYMENTS MEDICAL INSURANCE

20 ATTORNEY S FEES Contingent fee 25% of back award Cannot exceed $6000 Calculated and paid directly by SSA Reimbursement of expenses

21 SHARON A. CHRISTIE, ESQUIRE Law Office of Sharon A. Christie

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