SSDI

Basically, the issue before Social Security is: is there some job which you can do on a full time basis? It doesn’t matter if you are a professional, or a laborer, white collar or blue. If you were a surgeon but now can only sit and take tickets at a toll booth on a regular basis, you may not qualify as disabled. But is that always the case? Fortunately … Nope. As you get older the rules begin to change. Social Security has developed a set of medical-vocational guidelines commonly referred to as “the girds.” The basic concept behind the grids is, the older you get the less vocational adjustment you should have to make to return to work. These rules currently begin to change when you approach age 50. They change again at 55, and again at age 60. Eventually, the rules contemplate that unless you can do pretty much the same job you had done in the past, you will be found disabled. There is a chance that these rules may be changed by Congress at some point to account for the fact that people are working longer, and that they change occupations more often now than they did in the past. For example, at some point in the future the grids may not apply until age 55. The idea being that today’s 55 is yesterdays 50. Is it a good idea to make the age limits on the grids higher? Perhaps. But for now the age at which the rules start to change is just prior to your 50th birthday.  

It’s an election year, and the two political tickets, Obama/Biden and Romney/Paul, have very different visions for the future of your Social Security disability benefits. Mitt Romney has unleashed significant misinformation campaigns to keep voters from casting an educated vote in November, and these misinformation campaigns involve lies about programs like Social Security, Medicare, and Medicaid. If you are watching TV or listening to the radio and find yourself confused or intrigued by the claims of a paid political advertisement, there’s a new high-tech way for you to investigate: Cell phone apps for your smart phone can now fact-check political advertising. Two free apps for your smart phone will help you navigate some dubious claims this election season. One is called Super PAC. If you hold your phone up and record a political advertisement while running this app, it will listen to the ad playing on TV and inform you who paid for that ad. An Apple-specific version of this same service is called Ad Hawk. These free apps can help you avoid unofficial information that your candidate did not officially endorse – information that is likely to be biased. When your benefits are on the line, it’s important to vote, and to vote informed!

In order to qualify for a Disabled Adult Child (DAC) claim, you must have a parent who is collecting Disability Insurance Benefits, retirement benefits, or is deceased. If you meet the requirements for a DAC claim, you will be eligible for benefits based on your parent’s earnings record. To be entitled to receive these benefits you must also be found disabled prior to age 22. SSA will use the same medical requirements to determine disability as with other types of claims like Disability Insurance Benefits and Supplemental Security Income. The recipients of DAC benefits must be at least 18 years old, unmarried, and working under what Social Security calls Substantial Gainful Activity (SGA). The current SGA level is $1,010 per month gross (meaning before taxes). If your earned income is above this amount you will likely not be eligible for Social Security disability benefits. You can look into your eligibility for DAC benefits even if you are currently receiving another type of Social Security disability benefits. If you are currently receiving disability payments from Social Security, you may be eligible under a DAC claim for a higher benefit amount based on your parent’s earnings record. Additionally, if you are found eligible for DAC benefits you will also be eligible for Medicare. If you think that you may qualify for this program or have questions, please contact the Social Security disability attorneys at Greeman Toomey PLLC at (612) 332-3252, or toll-free at 1-877-332-3252.

My doctor tells me I am disabled, and still the Social Security Administration says I am not….what gives? Disability by its very nature is a measure of degree. How much pain? How many limitations? How many breaks are required? How much rest? And so on. The fact that your doctor says you are disabled is not the end of the inquiry by Social Security. Disability, as viewed by Social Security, is a term of art rather than an exact definition. When your doctor says you are disabled, the amount of limitation implied by this statement is not necessarily constant with a finding of disability under Social Security’s definition. The fact that the doctor says disability is present may indicate that they feel that there are some ongoing limitations, but without further elaboration, this statement can be of little consequence in the government’s determination. In a situation like this, it is important to get a more specific opinion from your doctor regarding your limitations. This is most often done in the form of an opinion letter from your doctor, or having your doctor answer specific questions which are in line with Social Security’s definition of disability. Your attorney can be very valuable in obtaining this information.