Posts Tagged ‘physical impairment’

What Background 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 the following general questions regarding your background and biographical information such as –

Your name?
Your date of birth?
Your marital status?
Does your spouse work?
Do you have minor children?
Highest grade completed in school?
Ever serve in the military?
Your current source of income?
Do you have health insurance or Medicaid?
What is your height and weight?
Do you have a valid driver’s license?

These may seem like rather innocuous straight forward questions but your answers may have unintended consequences. For example if you testified that you have three children under age six at home that you take care of during the day the Social Security judge may consider this evidence that you do not have severe impairments that prevent you from working and use this as a basis in denying your claim. Or if you testify that you have health insurance but your medical records indicate that you did not seek much medical treatment for your medical onditions the judge may rule that your medical conditions are not severe and disabling enough to prevent you from working and deny your Social Security disability claim. However, for example, if applicable and truthful, you further explained to the judge that your mother in law lives a block away and helps with the children everyday and that you only had health insurance coverage the last three months then this puts the evidence in a better light and would be more favorable for the claimant.

By James W. Nuebel
Orlando Social Security Disability Attorney

How Are Social Security Disability Claims Evaluated?

Saturday, May 11th, 2013

The Social Security Administration law requires that a person’s physical and mental impairment(s) have to be of such severity that they can not perform their previous work but also can not, considering their age, education and work experience, do any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which they live, or whether a specific job vacancy exists for them, or whether they would be hired if they applied for the job. In laymans terms this means for you to collect Social Security disability benefits you must prove your physical or mental impairments are so severe that it prevents you from doing any of your former jobs and prevents you from doing any other type of work.

By James W. Nuebel
Orlando Social Security Disability Attorney

How Is The Term Disability Defined By The Social Security Administration?

Saturday, May 11th, 2013

The term disability under the Social Security Administration rules is defined as an inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. In laymans terms this means for you to collect Social Security disability benefits you have to prove that you have severe physical or mental conditions that prevent from working fulltime and this disability will last for at least one consecutive year or you are expected to die from this condition.

By James W. Nuebel
Orlando Social Security Disability Attorney