You have had your hearing. You get your decision in the mail. You open it up and right under your name and address you hopefully see: “NOTICE OF DECISION – FULLY FAVORABLE.” You may also see: “NOTICE OF DECISION – PARTIALLY FAVORABLE,” or “NOTICE OF DECISION – UNFAVORABLE,” “NOTICE OF DECISION – DISMISSED.” What does…
Continue Reading Disability Post»
The job of an ALJ (Administrative Law Judge) is to review the facts of your case in conjunction with the applicable law and determine whether or not you qualify for Social Security Disability (SSDI) benefits. The law is pretty developed and Social Security has procedures on top of procedures to ensure that a consistent decision…
Continue Reading Disability Post»
The SSI Program is a general public assistance measure providing an additional resource to the aged, blind, and disabled to assure that their income does not fall below the poverty line. 20 C.F.R. § 416.110. Eligibility for SSI is based upon proof of indigence and disability. 42 U.S.C. §§ 1382(a), 1382c(a)(3)(A)-(C). SSI-benefits are authorized by…
Continue Reading Disability Post»
Social Security has a listing for Mental Retardation – Listing 12.05 – which if met can qualify you for SSDI and/or SSI benefits. Some people may meet this listing while not necessarily fitting the societal definition of mental retardation. The listing provides 4 separate ways for a person to be listed as mentally retarded. If…
Continue Reading Disability Post»
In Hamilton v. Standard Insurance Company, the Fifth Circuit Court of Appeal upheld the insurer’s decision to deny long-term disability benefits to a disabled worker. In this case, a phone company employee submitted a claim for long-term disability benefits alleging MS, fibromyalgia, and Lyme disease. The long-term disability insurer denied the claim and the Court’s…
Continue Reading Disability Post»