Category: Social Security Disability

How Do Transferable Skills Affect My Social Security Disability Claim?

How Do Transferable Skills Affect My Social Security Disability Claim?

 

A question clients often ask is how to prove their skills are non-transferable. A skill is defined as the knowledge of a task that requires judgment and is attained through job performance. The Social Security Administration (SSA) classifies the different skill levels of jobs as unskilled, semi-skilled, and skilled. These classifications are generally determined by how long it takes to learn the work and what that particular job requires.

Once the Social Security Administration determines the skill level of your past work they will use that to provide you with other jobs you might be able to do that meet the same (or lower) level of skill. This is what they mean by transferable.

 

Some examples of transferable skills are supervising or managing others, teaching, filing, clerical work, researching, technical work, and training.  When determining whether a person has transferable skills, it will depend on if their impairments or disabilities affect the ability to perform those skills. If it does, then their skills will not be transferable. However, if it does not affect an individual’s ability to perform, then the skills can be considered transferable.

 

Proving at your hearing that your skills are non-transferable may be essential, especially if you need to challenge the vocational expert’s opinion. An attorney who understands transferability of skills under the Social Security Administration rulings and regulations can help with the cross-examination process during the hearing.

 

Don’t risk having your claim rejected. Work with an experienced attorney who will make sure it’s done right. Give Oxner + Permar a call for a free consultation.

How Many Hours Do I Need to Have Worked to Receive Social Security Disability?

Social Security Disability

How Many Hours Do I Need to Have Worked to Receive Social Security Disability?

Social Security can be a great help to injured workers in the United States. However, in order to qualify for these benefits, there are several requirements you’ll need to meet. One such requirement is to have worked a certain number of hours. Often, I have clients ask what those requirements are.

The first thing I tell them is that they need to make sure their disability meets the following:

  1. You are unable to do the work you did before
  2. Your work cannot be adjusted due to your injuries
  3. Your disability has or will have lasted one year or will result in death

If you meet these minimum requirements, the next step is to look at whether you’ve worked enough hours, recently enough, to qualify for Social Security Disability. This is determined through Social Security work credits.

 

Credits are based on your wages. In most cases you need 40 credits to qualify for SSD, and 20 of those credits need to have been earned in the last 10 years. It’s possible to earn up to 4 credits each year.

 

While this is an average, there are many factors to take into consideration. For instance, younger workers who become disabled often don’t need as many credits to qualify for SSD. That’s why it’s important to speak with an experienced attorney. We can help guide you through your case.

 

If you qualify for Social Security Disability, don’t hesitate to speak with someone about your case. At Oxner + Permar, we offer a free consultation to ensure you’re taking the next best steps with your case.

Do I Need an Attorney to File for Social Security Disability?

Social Security Disability

Do I Need an Attorney to File for Social Security Disability?

When applying for Social Security Disability benefits, it can be difficult to think about also having to hire an attorney. The good news is that it is possible to apply for Social Security Disability benefits on your own. You’ll just need to jump through quite a few hoops to make it happen.

First you’ll need to contact your local Social Security representative. You can get the application by phone, by mail, online or in person. The form will ask you to provide information about your injuries, disabilities, treatments and any other information that may be applicable.

 

Your local representative will be responsible for confirming your basic information. For instance, they’ll be checking your age, employment status, and other general information.

 

Once your application passes through the local office, your case will go on to Disability Determination Services, commonly abbreviated as DDS. The DDS is a state run agency that determines whether or not your claim is valid. They will use the information that you provided in your application for their initial review. They will then conduct a consultative examination usually with your physician; however, they may also choose to work with an independent source.

 

After these examinations are complete, the DDS will determine whether or not to grant you benefits. If they decline your claim, you can appeal.

 

While it is completely possible to file for Social Security Disability benefits on your own, it can be difficult. Claims that are filed without the assistance of an attorney are often initially denied. Working with an experienced attorney can not only save you time, but help you start receiving the benefits you’re owed as soon as possible.

 

Don’t risk having your claim rejected because of a mistake on your Social Security Disability application. Work with an experienced attorney who will make sure it’s done right.

What’s the Difference between Social Security Insurance and Social Security Disability?

Social Security Disability

What’s the Difference between Social Security Insurance and Social Security Disability?
When just given the name, Supplemental Security Income and Social Security Disability Insurance sound very similar, especially when they’re referred to by their abbreviations: SSI and SSDI. However, they are very different, and have very different requirements for who can qualify.

 

SSI refers to Supplemental Security Income. SSI is designed to support those in financial need. Whether or not you qualify has nothing to do with your work history. The only thing that’s taken into consideration is your income and financial situation. In order to receive SSI benefits, you must have less than $2,000 in assets. If you are married, you must have less than $3,000. Unlike SSDI, SSI is funded by general taxes rather than the Social Security trust fund.

 

On the other hand, Social Security Disability has to do with your employment status. Because funds are drawn from payroll taxes, your eligibility has to do with how long you’ve been employed and paying into Social Security. In order to receive these benefits, you must be younger than 65. You must also have earned a certain number of work credits. These work credits are determined by your annual income.

 

If you qualify for either SSI or SSDI, be sure to contact an experienced attorney. We can help guide you through the process of applying for these benefits and make sure that you doing what best fits your situation.

 

Whether you qualify for SSI or SSDI, make sure that your rights are being protected and that you are receiving the benefits you deserve. Give us a call for a free consultation.

What Evidence Do I Need for My Social Security Case?

Social Security Disability

What Evidence Do I Need for My Social Security Case?

When it comes to putting together a social security disability case, it all comes down to your ability to prove your medical condition. A strong social security disability case requires three things:

  • Timely medical records
  • Accurate medical records
  • Sufficient medical records

When looking at a social security case, timely records means that your records need to be up-to-date with your condition. For instance, if you have a rapidly changing condition, you’re going to need more recent records than someone who has a more stable condition.

 

In order to prove the accuracy of your records you must show evidence for your claims. For instance, if you report a bone fracture, your x-rays must show where the bone is broken. If your doctor reports that you are unable to stand for a period of 30 minutes, but you can indeed stand for that long, those reports will not be considered accurate. (Remember that the records must also come from a medical professional.)

 

Finally, you must provide sufficient records. This means that the Social Security Administration needs your medical reports to be thorough. It’s not enough to state your condition. Your records need to detail things such as where your injury is located, how your doctor came to their diagnosis (e.g. what tests did they run?), and what treatments you’ve received.

 

Having all of this information can make a huge difference in your case and whether the Social Security Administration will consider you compensable or not.

 

Building a strong case starts with timely, accurate and sufficient medical records. Start working with an experienced attorney early on in your Social Security Disability claim so that they can help you build a strong case from day one. Be sure to give us a call for a free consultation.

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