ALAN JOHN CLARK, PAHIGHLY EXPERIENCED PERSONAL INJURY & CIVIL TRIAL LAWYER
General Info on Social Security Disability
No Attorney Fees Unless We Obtain Benefits for You
Free No Obligation Consultation
The Law Offices of Alan John Clark, PA. will be glad to go over your Social Security Disability Claim with you.
The Social Security Administration (SSA) administers two programs that provide benefits based on disability: the Social Security disability insurance program (title II of the Social Security Act (the Act)) and the supplemental security income (SSI) program (title XVI of the Act).
Title II provides for payment of disability benefits to individuals who are “insured” under the Act by virtue of their contributions to the Social Security trust fund through the Social Security tax on their earnings, as well as to certain disabled dependents of insured individuals. Title XVI provides for SSI payments to individuals (including children under age 18) who are disabled and have limited income and resources.
The Act and SSA’s implementing regulations prescribe rules for deciding if an individual is “disabled.” SSA’s criteria for deciding if someone is disabled are not necessarily the same as the criteria applied in other Government and private disability programs.
Definition of Disability
For all individuals applying for disability benefits under title II (social security disability), and for adults applying under title XVI (SSI), the definition of disability is the same. The law defines disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) 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.
Disability in Children
Under title XVI (SSI) , a child under age 18 will be considered disabled if he or she has a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months.
What is a “Medically Determinable Impairment”?
A medically determinable physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques. A physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings-not only by the individual’s statement of symptoms.
The Disability Determination Process
Most disability claims are initially processed through a network of local Social Security field offices and State agencies (usually called disability determination services, or DDSs). Subsequent appeals of unfavorable determinations may be decided in the DDSs or by administrative law judges in SSA’s Office of Disability Adjudication and Review.
For more information on the Social Security Disability Process – use this helpful link from the Social Security Administration below: http://www.ssa.gov/disability/professionals/bluebook/general-info.htm
No Fee Unless We Obtain Benefits for You
Free No Obligation Consultation
The Law Offices of Alan John Clark, PA. will go over your Social Security Disability Claim with you.