Winning Your Case You can be awarded benefits in a psychosis Social Security disability and SSI benefits case if you fulfill: 1) Non-Medical Criteria and 2) Disability Criteria. In fulfilling the disability criteria requirements, it is important you understand how Social Security evaluates psychosis (discussed on this page), you satisfy Social Security Listing (also discussed on this page) or you have disabling Functional Limitations, and you Submit Winning Evidence. The Significance Of Medical Records In A Psychosis Disability Case Psychosis is a very severe mental disorder characterized by reality distortion. When you apply for benefits, Social Security will order and review your medical records. Many find it difficult to get proper medical care. Insurance, money, and mediocre health services often prevent one from getting the care they deserve. Those with psychosis seem unusually prone to avoiding mental health treatment. However, medical care produces records that establish the existence and severity of your psychosis and disability. Without these records, it is…Read More
Social Security Disability "Social Security disability" is a common term that includes two types of benefit programs administered by Social Security payable to you if you are unable to work due to a medical condition - Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). You can obtain disability benefits if you satisfy the 1) SSDI or SSI non-disability criteria, and 2) disability criteria. You may simultaneously qualify for both SSDI and SSI benefits. SSDI As to the non-disability criteria, Social Security awards you Social Security "credits" when you work and pay taxes on your earnings. You earn one credit for each $1,410 (2020 amount) of income you earn per year up to a maximum of four credits per year. You must earn enough work credits to be both fully insured and insured for disability. Additional SSDI benefits are paid to you if you have family members who are financially dependent on you. Disabled…Read More
Overview Before Social Security determines your medical condition, and your symptoms and limitations, it will first determine if you meet either its Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) non-disability criteria. SSDI non-disability criteria is based on working, paying taxes, and earning Quarters of Coverage (QC)s. SSI non-disability criteria is based on limited income and resources (assets), citizen or alien requirements, and a few other criteria. The evaluation of income and resources is complex. The citizen evaluation is easy. The alien evaluation is complex. You can qualify for both SSDI and SSI at the same time. SSDI Non-Medical Criteria General The SSDI non-disability criteria is as follows: You are not yet Full Retirement Age which is 65-67 (full retirement age depending on the year you're born); You have been disabled for 5-full consecutive months; You apply while disabled or no later than 12 months after the month your disability ended - Application/Initial…Read More
Want to know how to win your hip case? You will win if you satisfy both the Social Security and SSI Non-Medical Criteria and Disability Criteria. On this page, we discuss how Social Security evaluates your hip medical evidence. On the next page, we discuss how Social Security evaluates your hip-related Functional Limitations to determine if you are disabled. Then on the last page, we discuss how to Submit Winning Evidence to establish your hip condition, your limitations, and other necessary points of your hip disability case. What Social Security Finds Important About Your Hip Medical Records Social Security evaluates a significant number of hip disability cases. If you suffer hip symptoms, you may have a medical condition that is directly located at the hip, or you have a medical condition that is not directly located at the hip but affects the hip. Either way, Social Security will award benefits if your hip condition and…Read More
Winning Your Case If you have suffered a brain injury or brain damage, you will be entitled to Social Security disability and SSI benefits if you meet - The Non-Medical Criteria, and The Disability Criteria. You meet the disability criteria if - You are familiar with Social Security's assessment of a brain injury (covered on this page) You satisfy an appropriate Social Security Listing (also this page) or you have disabling Functional Limitations (covered on the next page), and You Submit Winning Evidence (covered on the page after the functional limitations page). Brain Injury, Brain Disease, & Brain Damage Common Social Security Case Brain injury and brain damage Social Security and SSI disability cases are routinely decided. Nearly all of these cases are allowed at the initial or reconsideration levels if there is proper documentation of the injury and there are resulting severe symptoms. Types of Brain Injuries There are three types of brain injury's…Read More
Overview The attorney/representative fee amount and fee process are established by Social Security. An attorney/representative cannot charge a fee that does not comply with Social Security's fee rules. An attorney/representative may seek a fee in one of two Social Security approved ways. First, the attorney/representative files a fee agreement. Second, the attorney/representative files a fee petition. Fee Agreement The Usual Fee Payment Process A fee agreement is the usual method an attorney/representative uses to seek a fee. The attorney/representative writes the fee agreement, and it is signed by you and the attorney/representative. It is a contract between both of you. The attorney/representative files the fee agreement with Social Security. Social Security allows the attorney/representative to charge up to $9,200 or 25% of your back pay whichever is less, and you only owe a fee if you win your case. This is called a contingency fee agreement. If you win your claim, Social Security will withhold…Read More
How Social Security Evaluate Your Case Credibility is an extremely important issue in all Social Security disability cases, and yet few people talk about it. There are two reasons for this. First, it's hard to explain how or why a person is or is not credible. Second, it is a sensitive matter. Being credible means a person believes you - what you say and what you do. Credibility matters because in nearly all disability cases, the Social Security adjudicator or administrative law judge (ALJ) who decides your case must find you credible to award benefits. Of course, everyone thinks they are credible. Everyone says they are honest and do not exaggerate, minimize, or misstate. Everyone feels there is no reason not to believe them. Yet, in nearly every case denied by Social Security, it will find that the claimant was not credible. So, understanding what makes you credible is important - at least, what makes…Read More
Get Necessary Medical Treatment This may seem obvious, but it is a common problem with Social Security and SSI disability cases. Your medical records are the single most important aspect of your case. Medical records explain your diagnoses, symptoms, treatment, and limitations. Medical records are the necessary evidence you must have to establish a basis for the limitations that you say keep you from working (your theory of disability). And your medical records cannot do that if you are not getting proper treatment. The medical system has many problems, and it is not always responsive to one's needs. However, you must be persistent about the medical care you need - testing, treatment, medications, and assessments of your overall medical condition. If you are frustrated, and you feel you cannot get the treatment you need on your own, ask a friend or a family member for help. Your disability case begins with your proper medical care.…Read More
General The skill and skill transferability analysis is critical for claimants 50 and older as it often determines if a Social Security disability and SSI case is awarded. The most significant concern is that Social Security may determine a claimant is not disabled because he has work skills that transfer to other work when, in fact, he does not have 1) work skills or 2) he does have work skills, but they do not transferable to other work. It is common that Social Security, and the vocational experts it uses, do not understand Social Security's definition of a skill or Social Security's 8-step transferable skills process. Social Security defines a skill and gives examples of skills. Social Security defines skill transferability and provides an 8-step transferable skills evaluation process; unfortunately, all leave much to be desired. In any Social Security disability case, a five-point skill analysis/cross-examination, and a three-point transferable skills analysis/cross-examination must be employed…Read More
Overview Supplemental Security Income (SSI) benefits are not taxed. Social Security Disability Insurance (SSDI) benefits are taxed by 13 states and may be taxed federally depending on household income. Supplemental Security Income (SSI) State and Federal Tax. SSI benefits are not taxable. Taxes will not be withheld from your benefit checks. You will not need to file taxes for your SSI benefits. Social Security Disability Insurance (SSDI) State Tax. Thirteen states tax SSDI benefits: Colorado, Connecticut, Kansas, Minnesota, Missouri, Montana, Nebraska, New Mexico, North Dakota, Rhode Island, Utah, Vermont, and West Virginia. Federal Tax. Your SSDI benefits may be subject to federal tax. Whether you owe federal taxes is primarily based on your total household income - Social Security disability benefits, other Social Security benefits (if any), spouse's earnings (if any and you are filing jointly) unemployment benefits (if any), interest (if any), dividends (if any), etc. The higher your household income, the more likely…Read More