What is the Listing of Impairments for purposes of establishing disability?

What is the Listing of Impairments for purposes of establishing disability?

What is the Listing of Impairments and is it used to establish disability?

The Listing of Impairments, also known as “The Listings, is set out in Social Security regulations. The listings are in two parts. Part A of the Listing of Impairments contains medical criteria that apply to the evaluation of impairments in adults age 18 and over. Part B of the Listing of Impairments contains additional medical criteria that apply only to the evaluation of impairments of persons under age 18. The listings are examples of common impairments for each of the major body systems that Social Security considers severe enough to keep an average adult from doing any gainful activity. See appendix 1 of subpart P of part 404 of Social Security’s regulations for the Listing of Impairments.

The listed impairments are of such a level of severity that Social Security considers a person whose impairment(s) meets or equals the Listing of Impairments to be unable to do any gainful activity, that is, the impairment(s) is expected to result in death, or to last for a specific duration, or the evidence must show that the listed impairment has lasted or is expected to last for at least 12 months in a row.

Many medical conditions are included in the Social Security Disability List of Impairments (including multiple sclerosis, rheumatoid arthritis, lupus, etc). However, keep in mind that you can still qualify for SSD / SSI benefits even if your illness is not listed on the Listing of Impairments.

What is the definition of “disabled” for purposes of an SSD determination

What is the definition of “disabled” for purposes of an SSD determination

To be considered disabled for purpses of receiving Social Security Disability one must not be able to do any kind of substantial gainful activity for a continuous period of at least one year, or as an impairment that may result in death. The disability must be medically determinable. In other words there must be a medical basis either physically or mentally for the condition.

The Social Security Administration will consider your age, education, and work history along with your medical condition. For example, a 57 year old hard laborer who has degenerative disc disease along with rheumatoid arthritis that prevents him from doing the type work that he has always done in the past but is still capable of doing light work will likely be considered disabled because of his age, and lack of experience in other fields of work. In contrast, a 35 year old banker with an MBA from The Ohio State University that has a slight onset of fibromyalgia would find it much harder to fall within the SSA’s definition of disabled.

Social Security Marriage Requirement & the Deemed Valid Marriage Exception

Social Security Marriage Requirement & the Deemed Valid Marriage Exception

In order to qualify for spouse’s benifits, the Social Security Administration requires that the spouse and the worker must have been legally married. That is, the marriage must be legally recognized by the state in which the marriage was entered into. Thus, if you have been residing in a state that recognizes your marriage as common law marriage (most states such as Ohio do not) then you will be considered legally married for purposes of recieving a deceased spouse’s Social Security benefits.

The only way that one can draw widower’s benefits without being legally married is if ALL of the following conditions are met, meeting Social Security’s “deemed valid marriage” provision.

– There was a marriage ceremony. Married social security

– The claimant married the working in good faith. In other words, the claimant thought the marriage to be valid.

– The claimant was residing with the worker at the time of his or her entitlement to benefits or at the time of death.

– No other person is entitled on the worker’s earnings record as a legal spouse.

– There was a legal impediment or a defect with respect to the marriage ceremony.

This exception is implicated in situations where the worker was already married at the time he or she married the claimant.

Social Security Disability and moving to another state

Social Security Disability and moving to another state

Social security disability and moving to another state

I thought I would briefly blog about a recent Client that found himself in quite a predicament due to some bad advice. The client originally filed for Social Security Disability in Ohio as he had a severe case of Chron’s disease along with two herniated intervertebral disk. Soon thereafter, the Client relocated to Alabama where he received his Social Security Disability claim denial letter. Client then retained an attorney in Alabama which requested a hearing. Unfortunately, for Client his attorney did not do his homework. Alabama is one of eight states that do not have a re-consideration step in the Social Security filing process. In other words when a claimant in Alabama has been denied for SSD he can skip the reconsideration filing and directly request a hearing. His attorney’s failure to file for reconsideration as required in Ohio delayed Client’s disability claim by at least a year.

How to terminate my Social Security Representative Payee?

How to terminate my Social Security Representative Payee?

Note: Be advised that if SSA believes your condition has improved to the point that you no longer need a payee, we may reevaluate your eligibility for benefits.

However, in my experience if your Representative Payee is an approved organization then your chances to be become your own payee are slim to none. The main reason being, that SSA has likely already done extensive screening due to the fact that they will only allow an organization to be a Payee Representative as a last resort. Most of these Organizational Payee Representatives charge a fee ranging anywhere from 25 dollars a month at some organizations here in Dayton up to 75 dollars a month in some larger cities such as Cleveland and Columbus.

Therefore, the best option in many cases for a person unhappy with their current Organizational Payee Representative is to simply request that the Representative be changed from to an Organization with lower fees or a family or church member that will agree to apply as a representive. All of this can be handled through your local Social Security Administration Office without the aid of an attorney.