Social Security announced today the addition of 52 new Compassionate Allowances conditions, primarily involving neurological disorders, cancers and rare diseases. The Compassionate Allowances program fast-tracks disability decisions and is supposed to ensure that if you have one of the most serious disabilities that you will receive their benefit decisions within days instead of months…
One of the most important concepts in evaluating disability claims is Residual Functional Capacity (RFC). The code of federal regulations describe residual functional capacity as follows: Your residual functional capacity is the most you can still do despite your limitations.” 20 CFR 404.1545; 20 CFR 416.945. What exactly does this mean? RFC is evaluation of…
An issue that you may face when you apply for Social Security Disability benefits, especially if you are over-50 and fall onto the Medical-Vocational Grid, is the subject of skilled versus unskilled occupations. An understanding of these terms is important because how your prior work is classified can be determinative of whether or not you…
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…
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…
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…
I am often asked by Metairie social security disability claimants how social security defines disability. So, I thought the answer to this question would make a great blog post. The short answer is, for most people, disability is defined as: an inability to engage in any substantial gainful activity by reason of any medically determinable…