Applying for Social Security Disability can be a lengthy and sometimes frustrating process. I get questions every day about how applicants can make the process go faster, what the eligibility requirements are, and what some of the frequently used terms mean, such as the grid rules.
There are a few ways a disability applicant can argue they qualify for benefits. An applicant may argue that they meet a medical impairment listing, are unable to engage in substantial gainful activity (earning over a certain amount set by the Social Security Administration), or that they are disabled because they meet one of the Medical Vocational “grid rules”.
The Social Security Administration (SSA) defines the Grids as “a set of rules that determine whether you’re eligible for disability benefits.”
Social security regulations were written in 1967 and revised in 1980. In those days, the SSA recognized that people could change jobs and industries over the course of their lives. To help people transition into different types of employment, the agency developed a grid system that helped identify what kinds of jobs might be appropriate for someone with specific physical and mental disabilities.
In recent years, however, the agency has been trying to change how the Grids work. The agency wants to eliminate the grids entirely, arguing that they no longer reflect reality.
The Grids are important because they allow the SSA to decide whether or not you qualify for disability benefits.
If you meet all of the requirements listed under the Grids, then you will receive benefits. However, if you do not meet any of these requirements, then you will not get benefits.
The Grids are very detailed and require that you prove that you meet each requirement before you can receive benefits.
The Social Security Administration uses a grid of rules to answer when an individual is disabled or not disabled. This takes into account an individual’s age, education level, transferable or non-transferable skills, and your residual functional capacity (RFC).
The older an individual is, the easier it becomes to be approved for disability benefits. Under the grid rules, education is evaluated based on the following:
The grid rules classify your past relevant work as either unskilled, semi-skilled, or skilled and also take into account whether or not you have transferable skills. This considers if the skills used in your past work can be transferred to a different job. Lastly, your RFC level categorizes whether your abilities limit you to perform sedentary, light, medium, or heavy work.
There are two other options available to you when the Grids say that you are not disabled. One option is to go through vocational rehabilitation. Vocational rehabilitation helps individuals find new jobs by providing them with assistance from trained professionals. It may include job placement services, career counseling, resume writing, and interview coaching.
Another option is to apply for Supplemental Security Income (SSI), which provides income to people who cannot work due to their disabilities. SSI is funded by the federal government and administered by the states.
Waiting to get a hearing for your Social Security Disability benefits can be frustrating. The current wait time for a Social Security Disability hearing in any of the four North Carolina offices is at least 18 months. This is a long time to wait for disability benefits when you cannot work. You may then be wondering if there is anything you can do to help get your social security disability hearing scheduled faster.
During the waiting time of at least 18 months, an attorney will continue to build the case based on the medical evidence for a claimant. The best steps to take during this time are to continue treating with doctors and work toward getting supportive records and statements from your physicians.
The good news is there are some things you can do that may help get a hearing scheduled faster. One step is a “Congressional Inquiry.” One way to possibly expedite the process is to contact the office of your local congressman or senator. This inquiry would involve a congressional staff member calling or writing the Social Security office on your behalf. Although there are no guaranteed results, it can’t hurt your case, and it could get your hearing scheduled in six months rather than a year or two.
The Social Security Administration (SSA) does not guarantee that you will receive benefits. This means there is no legal requirement that SSA pays out disability benefits to anyone who applies.
However, the SSA does require claimants to prove that they meet specific requirements. These include establishing that you cannot work because of a medical condition and proving that you have been disabled since you cannot work.
If you believe you qualify for Social Security disability benefits, you may want to contact a qualified attorney to help you prepare your case. An experienced lawyer can ensure that you meet all the necessary criteria to be eligible for benefits.
An experienced lawyer can also help you understand the process of receiving Social Security disability benefits. They may be able to help you schedule your hearing faster than you would otherwise be able to.
A common question I get when someone has a slip and fall accident at a store or at someone else’s property is who is responsible for their injuries and medical bills. Many believe that medical bills if you fell on a property of another person will be shouldered by the property owner. This is a misconception; these cases are typically very tough to win in North Carolina.
The law is clear that owners of real property are not responsible for the safety of visitors. Instead, real property owners only have to ensure the property is reasonably safe and to tell visitors if there are any “latent defects” in the property or defects that could not be found upon reasonable inspection. That means the property owner is not responsible if a person steps in an “open and obvious” hole or slips in a pool of water that one can see if keeping a reasonable lookout.
For example, if you were walking through a parking lot after a snowstorm and fell because it is slick, this would not be the property owner’s fault because they have no duty to warn that the snow makes the parking lot slippery. However, suppose a person is walking down the stairs from his apartment, and the stairs collapse because unknown to him. In that case, the stairs require repair. The property owner is probably responsible for any injuries.
You may be entitled to compensation if you’ve been injured due to another person’s negligence.
When filing a claim, you must prove that the defendant was negligent and that his/her negligence caused your injuries. This means proving that he/she failed to exercise reasonable care when operating a vehicle, could not maintain safe premises, etc.
The amount of damages you receive depends on several factors, including the severity of your injuries, whether or not you were at fault, and the extent of the defendant’s liability coverage.
To file a personal injury claim, you may want to consider hiring a lawyer specializing in this type of law. Your attorney will help you determine your eligibility for compensation and negotiate a settlement agreement.
Owners of residential properties also need to take precautions to protect their tenants. For example, landlords must maintain gutters and downspouts properly, clean exterior windows and screens, repair damaged steps, and ensure those fire extinguishers are available. Landlords also need to inspect the property regularly to determine if anything needs repairing or replacing.
As if the liability law was not tough enough, North Carolina is also one of five jurisdictions in the United States that still follows the doctrine of contributory negligence. Contributory negligence means that the person who slips and falls, regardless of fault by the property owner, was not using due care or not keeping a reasonable lookout. So, let’s go back to the stairs. If the stairs require repair, but it is obvious they are not safe, a person might be blocked by his contributory negligence by using them and be at fault.
Si eres un contratista independiente, hay una posibilidad que no podrás recibir compensación por su lesión laboral?
Bajo las leyes del estado de Carolina del Norte, en general, tienes que ser considerado un “empleado” bajo las definiciones legales para ser elegible de recibir beneficios de lesiones laborales. Para saber si eres un “empleado,” hay unos factores que tienes que demonstrar a la corte. Por entonces, si usted empezó su trabajo sin llenar una aplicación, o sin tener entrevista, y/o sin tener instrucciones especificas o supervisión de su trabajo, usted toma el riesgo de no ser elegible de recibir beneficios si eres lesionado en su trabajo.
Do you need an attorney to file for Social Security Disability Claim? No. But can an attorney be very beneficial in your outcome? Yes! The National Organization of Social Security Claimants’ Representatives announced that the Government Accountability Office (GAO) examined the rate of Social Security Disability claim approval at hearings. The study revealed that those who had legal representation were given benefits nearly 3 times higher than those without a representative. But how exactly can an attorney help with your Social Security disability claim?
The government provides disability insurance benefits to people who cannot work due to a medical condition or injury. These benefits include monthly payments, which replace part of the worker’s income. In order to qualify for these benefits, the applicant must meet certain requirements, including being unable to perform any type of substantial gainful activity.
This makes applying for a social security disability claim difficult. Many applicants do not understand how to apply for this benefit. They may also lack the knowledge needed to prove they are disabled.
In order to receive disability insurance benefits, it is important to understand what happens during the application process of a social security disability claim. This includes understanding how the government determines if you are eligible for benefits. It also involves understanding the types of evidence required to support your claim.
When you apply for disability insurance benefits, you will first fill out an online application. You will then submit supporting documentation such as doctor’s notes, test results, and other relevant information. Your application will be reviewed by a state agency called the Social Security Administration. If your application is approved, you will receive a letter informing you of your eligibility.
If your application is denied, you will get another chance to appeal the decision. Appeals are handled by the SSA’s regional office. If you win your appeal, you will receive a new decision from the SSA.
If you are still denied after appealing, you can request a hearing before an administrative law judge. At the hearing, you will have the opportunity to provide additional evidence and testimony. A lawyer can assist you throughout the entire process.
You have the right to appeal a denial of your application for disability insurance benefits. To do so, you must write to the SSA within 60 days of receiving notice of the decision. You should explain why you believe the decision was incorrect. You should also attach all documents that support your position.
Your appeal will be considered by an administrative law judge. The judge will review the evidence presented at the hearing and make a final determination about whether you are entitled to benefits.
A lawyer can help with your appeal. He or she can prepare written statements and arguments on your behalf. Lawyers often use their expertise to help clients present their cases more effectively.
An experienced lawyer can help you understand the appeals process and ensure that you follow the correct steps.
A lawyer can play a vital role in helping you file for disability insurance benefits. Lawyers know how to navigate the complex system and ensure you follow all of the necessary procedures. They also know how to gather the appropriate documents and prepare them properly.
Attorneys often represent clients in court when their applications are denied. They can also help you appeal decisions made by the SSA.
Filing for Social Security Disability claim can be done on your own but requires you to jump through many hoops. Working with an experienced attorney who is familiar with the process and understands all of the steps can have a positive impact at your hearing. Claims that are filed without the help of an attorney are initially denied most of the time.
Working with an experienced attorney ensures everything is done right and increases your chances of receiving benefits. Don’t risk having your claim denied because of a mistake filing your claim.
