Posts Tagged ‘disability’

Social Security Disability Insurance Program

Wednesday, January 14th, 2015

The Social Security Disability Insurance (SSDI) Program was established in 1956 and is an earned benefit funded through payroll taxes. More than 8 million Americans depend on SSDI funds for support. The SSDI program provides security and access to health care through Medicare for individuals who can not work due to severe physical or mental disabilities. If you have medical conditions that prevent you from working, then you need to apply for SSDI benefits as you have paid for this benefit and have earned the right to collect your benefits.

By James W. Nuebel
Florida Social Security Disability Attorney

Social Security Disability Benefits to Increase in 2015

Wednesday, December 31st, 2014

The Social Security Administration announced that Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits will increase 1.7 percent for 2015. This 1.7 percent cost-of-living adjustment (COLA) will start on December 31, 2014 for SSI beneficiaries and in January 2015 for SSDI beneficiaries.

James W. Nuebel
Florida Social Security Disability Attorney

2014 Top 100 Social Security Disability Lawyer in Florida

Thursday, August 7th, 2014

James W. Nuebel, of The Nuebel Law Firm, P.A. has been selected as one of the Top 100 lawyers in Florida in Social Security Disability Law by The National Advocates.

Members of The National Advocates exemplify superior qualifications in leadership, reputation, influence and performance in their area of law and membership is by invitation only.

The National Advocates is a professional organization composed of the Top 100 attorneys from each state who serve individuals and families who need attorneys to represent them in the American legal system.

How much back pay can you receive for Social Security disability?

Tuesday, June 3rd, 2014

If you are found disabled by the Social Security Administration for individuals and for disabled widow’s and widower’s the Social Security Disability Insurance (SSDI) benefits can not begin until five months after the claimant was determined to be disabled and disability can not be paid more than one year prior to the date the claim was filed.

There is not a five month waiting period for the benefits to begin for disabled adult child SSDI claimants but benefits can not be paid more than six months prior to the date the claim was filed.

For Supplemental Security Income (SSI) claimants the benefits can not be paid before the start of the month following the date the claim was filed.

James W. Nuebel
Florida Social Security Attorney

Social Security Disability Benefits

Tuesday, June 3rd, 2014

This article will provide some basic information regarding Social Security disability benefits. Claimants may receive benefits under Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI).

If approved for SSDI benefits the amount an individual receives depends on how much the claimant has worked and earned in the past; for disabled widow’s and widower’s benefits the amount depends on how much the late spouse worked and earned in the past; for disabled adult child benefits the amount depends on how much the parent worked and earned in the past.

The benefits are fairly modest as the average SSDI benefit for a claimant is about $1,148 per month and for a family about $1,943 per month in 2014.

If approved for SSI benefits the maximum benefit is $721 per month in 2014 less any other income or if living with someone who does not charge rent. The average SSI benefit is about $509 per month for an individual.

James W. Nuebel
Florida Social Security Attorney

The Listing of Impairments

Saturday, September 28th, 2013

The Social Security Administration uses what are called the Listing of Impairments in determining if a claimant is disabled and describes for each major body system impairments that are severe enough to prevent a person from engaging in any gainful activity. Currently there are over 100 listed impairments.

The Listing of Impairments discusses what kinds of medical evidence should be reviewed and how the SSA evaluates signs, symptoms, laboratory results, diagnostic testing findings, responses to prescribed treatment and functional limitations to determine the severity of impairments. If the evidence proves the existence of all of the criteria required by one of the impairment listings then the claimant meets the Listing and will be found disabled.

By James W. Nuebel
Orlando Social Security Disability Attorney

What Daily Activity Questions Are Asked At The Social Security Disability Hearing?

Thursday, July 25th, 2013

At the Social Security disability hearing the claimant will be asked about their daily activities by the judge or their attorney, such as:

Are you licensed to drive?
Do you drive?
Do you have difficulty driving?
Are you able to drive long distances?
What time do you get up in the morning?
What time to you go to sleep?
Do you sleep well at night?
Do you rest during the day?
Do you lie down during the day?
What time do you eat meals?
Do you prepare your own meals?
Are you able to perform the following household chores?
Washing dishes? Washing Clothes? Vacuuming? Making beds?
Take out the garbage? Mow the yard? Do other housework?
Do you take walks?
Do you watch TV?
Do you use a computer?
Do you have difficulties with: Bathing? Showering?
Dressing yourself? Combing your hair? Brushing your teeth?
Do you go shopping?
Do you visit with friends or family?
Do you have young children at home?
Do you take care of any pets?
Do you have difficulty getting along with people?
Are you a member of any clubs, organizations or church?
Are you involved in any of the following recreational activies?
Going to movies? Going out to eat? Sports? Theme Parks?

When testifying you need to provide detailed information about your daily activities to the Social Security disability judge in order to prove that your medical conditions are severe and disabling and prevent you from working.

By James W. Nuebel
Orlando Social Security Disability Attorney

What Functional Capacity Questions Are Asked At The Social Security Disability Hearing?

Thursday, July 25th, 2013

At the Social Security disability hearing the claimant will be asked about their functional capacity limitations by the judge or their attorney, such as:

Are you limited in the use of your shoulders, arms, wrists or hands?
Describe your limitations?
Are you able to reach your arms above shoulder level?
Are you able to use your hands for repetitive movements?
How long can you sit comfortably in one spot?
How long can you stand in one spot?
Do you have difficulty walking?
How far can you walk?
Do you need a cane or crutches to walk?
Do you have difficulty bending, stooping or crouching?
How much can you lift or carry?
Do you have any balance problems?

When testifying you need to give detailed information regarding your functional capacity limitations so the Social Security judge can determine if your limitations are severe enough to prevent you from working and make a favorable ruling in awarding you Social Security disability benefits.

By James W. Nuebel
Orlando Social Security Disability Attorney

What Medical Questions Are Asked At The Social Security Disability Hearing?

Saturday, June 22nd, 2013

At the Social Security disability hearing the claimant will be asked about their medical conditions, illnesses and injuries by the judge or their attorney, such as:

Describe your illness/injury/condition
Do you experience pain?
Where? How often? How severe?
Do you take medications to relieve pain?
Do you receive regular medical treatment?
What types of treatment?
Medications? Physical therapy? Counseling?
Any side effects from medications?
Have you ever been treated for a mental condition?
Depression? Anxiety? Schizophrenia?
Have you had any hospital ER visits?
Any hospitalizations?
Any surgeries?

When testifying it is most beneficial to give detailed information regarding your disabling medical conditions that prevent you from working so the Social Security disability judge can assess the severity of your medical conditions in determining whether to award you Social Security disability benefits.

By James W. Nuebel
Orlando Social Security Disability Attorney

What Work History Questions Are Asked At The Social Security Disability Hearing?

Friday, June 7th, 2013

At the Social Security disability hearing either the judge or your attorney will ask you the following general questions regarding your work history such as-

Are you currently working?
Full-time or part-time?
When was the date you last worked?
What type of jobs have you worked in past 15 years?
For your most recent job-
Name of employer
Job title
Dates of employment
Job duties
Why did you leave that employment?

Some Social Security judges like to have the claimant testify in great detail about their past relevant work for the past 15 years while other judges will rely more on what’s already in the claimant’s Social Security file which has information on past jobs, earnings history, past employers, job duties etc.
For a Social Security disability claim the claimant has to prove not only that they can not perform their past relevant work due to severe and disabling medical conditions but also have to prove that they can not perform any other jobs based on their age, education, medical conditions, restrictions and limitations.
Generally an older and less educated claimant has a better chance of being found disabled than a younger and betted educated claimant. Of course, the most important factor in a Social Security disablity claim is to have severe and disabling medical conditions that prevent you from doing any work.

By James W. Nuebel
Orlando Social Security Disability Attorney