Jan Dils Social Security Lawyers

Here is some helpful information regarding taxes provided by our Operations Manager, Lauren Ward:

Some people have to pay federal income taxes on their Social Security benefits.  This usually happens only if you have other substantial income (such as wages, self-employment, interest, dividends and other taxable income that must be reported on your tax return) in addition to your benefits.

If you:

• File a federal tax return as an “individual” and your combined income* is
  • Between $25,000 and $34,000, you may have to pay income tax on up to 50% of your benefits
  • More than $34,000, up to 85% of your benefits may be taxable
• File a joint return, and you and your spouse have a combined income* that is
  • Between $32,000 and $44,000, you may have to pay income tax on up to 50% of your benefits
  • More than $44,000, up to 85% of your benefits may be taxable
• Are married and file a separate tax return, you probably will pay taxes on your benefits

*Note:           Your adjusted gross income

                        + Non taxable interest

                        + ½ of your Social Security benefits

                        = Your “combined income”

Each January the client will receive a Social Security Benefit Statement (Form SSA-1099) showing the amount of benefits he/she received in the previous year.  The client can use this statement when they complete their federal income tax return to find out if his/her benefits are subject to tax.

Social Security has no authority to withhold state or local taxes from your benefit.  You should contact your state or local taxing authority for more information.

You can also call the IRS toll-free at 1-800-829-3676 or go to IRS.gov

You can ask Social Security to withhold federal taxes from your Social Security when you apply for benefits. 

If you already receive benefits or if you want to change or stop your withholding, you’ll need a form W-4V from the IRS.  You can call the IRS and ask for Form W-4V, Voluntary Withholding Request. 

When you complete the form, you will need to select the percentage of your monthly benefit amount you want withheld.  (Flat dollar amounts are not accepted)

The completed form will need to be sent to your local SSA office.

Self employment and Social Security Tax

Self employed people must report their earnings and pay taxes directly to the IRS.  Earnings for Social Security are reported to IRS when you file your federal income tax return.  You must report your earnings on IRS Schedule SE for Social Security coverage purposes if your net earnings are $400 or more in a taxable year, in addition to the other tax forms you must file.

The Social Security tax rate for 2011 is 13.3% on self employment income up to $106,800.

Q:  I am receiving Social Security Disability and I received a tax form wanting to know which doctor declared me disabled and wanting my doctor’s signature.  What do I do?

A:  They will need to contact their local SSA office and SSA will give them the name and doctor they need to contact.  (The tax agency tells the client to contact us)

Q:  If I received my back pay check in 2010 and it was back pay for the previous 3 years, will I be responsible for paying taxes on all 3 years at one time?

A:  Your tax agency can do an amendment to previous years’ tax returns so that you will not be penalized all at one time.  Please see article from IRS.gov below:

            From IRS.gov

Lump-sum payment reported on Form SSA-1099 or RRB-1099.   If you received a lump-sum payment in 2010 that includes benefits for one or more earlier years after 1983, it will be included in box 3 of either Form SSA-1099 or Form RRB-1099. That part of any lump-sum payment for years before 1984 is not taxed and will not be shown on the form. The form will also show the year (or years) the payment is for. However, Form RRB-1099 will not show a breakdown by year (or years) of any lump-sum payment for years before 2008. You must contact the RRB for a breakdown by year for any amount shown in box 9.

I have a confession to make; I am one of those rare people who genuinely enjoy paperwork. Working in a law firm that deals with government agencies like the Social Security Administration is probably a perfect fit for me. The one thing I like more than filling out a form, is making them better. It’s clear that I have established my credibility when it comes to paperwork, so let’s look into Form SSA-827, Authorization to Disclose Information to the Social Security Administration.

I interpret this form as a permission slip. You are essentially giving the SSA permission to request your records by way of this form. This grants the SSA the right to request the following: medical records, education records, and any other forms pertaining to your ability to perform tasks.

If you are like me you probably want to know why the SSA is requesting these records. According to SSA-827, the purpose is: determining your eligibility for benefits; including looking at the combined effect of any impairments that by themselves would not meet SSA's definition of disability; and whether you can manage such benefits. In other words: these records are what will help determine your eligibility for disability benefits.

There are a few things to keep in mind about SSA-827. First, it is not everlasting. The form will expire one year after the date in which you sign. Granted, it is possible to get approved in less than a year, but as anyone who has been through this process can tell you, it’s not very likely. If you are like the vast majority of those who apply for benefits, your claim will take more than a year to decide. You will have to fill this form out again. This may not seem like fun to most, but this ensures that the SSA is getting the most accurate and up to date information. It’s also important to note that you must fill this form out in blue or black ink only. Further, if you are represented by a law firm, you will have to fill out a copy for the SSA as well as the firm each time.

Most individuals aren’t like me; they do not enjoy doing paperwork. SSA-827 is just one of the many forms that has to be filled out during your disability process. If I didn’t enjoy forms so much I would definitely want someone to help me fill them out if I were trying to get disability. This may be a small service that Jan Dils Attorneys at Law provides, but it helps to eliminate a lot of stress with our clients. If you would like to learn more about becoming a client, or to see what else we can do to help you get approved, call us today for a free consultation, 1-877-526-3457.

Do you remember those earnings reports you used to get in the mail from time to time from the Social Security Administration? I sure do. I always found them interesting when I was younger, but then I started working for our law firm, and wanted to find out what they really meant.

I was curious to learn more, so I spoke to Jenny, one of our Case Managers, and she told me a little more about them. She informed me that while we don’t have access to them, clients often find them very helpful because it gives them an idea of how much they will receive if they get approved. She further explained that a lot of our current clients will often ask about this amount, and since we can’t provide them with that number that they should create an account online, or call their Social Security office.

After talking with Jenny I was sad to learn that they do not come via mail now. However, like Jenny said, they are accessible via the Social Security website. For fun, I decided to go on and check mine. I couldn’t believe how easy it was to set up an account. All it takes is a few simple steps, a valid email address, and about 5 minutes, then you have access to all of your past earnings. Don’t let the quick process confuse you though, the site is very secure.  I learned so much. For one, I can’t retire at 28 like I was hoping. After realizing I have to work for at least a few more years I checked the rest of the site. I was able to review how much I made every year that I worked.  I even used the calculators for retirement to see how much I would receive at retirement age. Once again, I’m not retiring at 28.

One of the nicest features of the site was that I could estimate how much money I would receive if I became disabled today. Even better I s that it is extremely easy to navigate. It clearly stated based on my past work history I would receive “X” amount per month. I honestly can’t believe how helpful this would be for some of our clients going through the Disability process, especially for those just starting out.  As someone who tends to worry, it’s reassuring to know I have access to these numbers at any time in case I need them. Also, as a “chronic worrier,” I would love to have someone to help me go through the Social Security process with me. I’m glad to know there are organizations like Jan Dils Attorneys at Law that can help people with this difficult process. If you are interested in applying for Social Security, or have even been denied, give our office a call today: 1-877-526-3457.

I know firsthand the pain of losing a parent at a young age. There is so much uncertainty that comes with this loss especially from a financial standpoint. Fortunately, my father had insurance and my mother planned well for the future, but I often find myself looking back on this time and wondering how my life would be now had my mother not prepared and my father’s insurance had not existed.

As it turns out, there are benefits available through the Social Security Administration if you find yourself in this difficult situation. These benefits are referred to as Survivor Benefits. Today, I will go into detail about this type of benefit and how you may be eligible to receive it.

First, in order for a family member to receive Survivor Benefits, the deceased individual must have paid into Social Security. The SSA website defines it a little more clearly: As you work and pay Social Security taxes, you earn credits toward your Social Security benefits. The number of years you need to work for your family to be eligible for Social Security survivor’s benefits depends on your age when you pass away. The younger you are, the fewer years you need to work. But no one needs more than 10 years of work to be eligible for any Social Security benefit.  

Now that we have identified the first factor in being qualified, let’s get to the central part of this blog post; who is the beneficiary of these benefits? Though it may seem evident, the Social Security Administration has established regulations on potential beneficiaries in order to be eligible. Below, you will find a list of these potential beneficiaries.

• A widow or widower  age 60 or older;
• A widow or widower age 50 or older if they are disabled as outlined by Social Security regulations;
• A widow or widower caring for a child under the age of 16 or disabled;
• An unmarried child of the deceased
  •  who is under the age of 18 (or up to age 19 if he or she is a full-time student in an elementary or secondary school; or
  • Age 18 or older with a disability that began prior to the age of 22 as outlined by Social Security regulations
• A stepchild, grandchild, step grandchild or adopted child under certain circumstances;
• Parents, age 62 or older, who were dependent on the deceased for at least half of their support; and
• A surviving divorced spouse, under certain circumstances.

Finally, the most asked question is how much the benefit amount will be. Let’s just say that no two snowflakes are alike. The amount you or a loved one could receive is determined by the amount of time the deceased worked and the amount he or she paid into Social Security. In other words, the longer an individual works and the more money paid into Social Security, the benefit amount has the potential to be significantly higher as well. But of course this is only one factor. The Administration will also factor in the beneficiaries’ circumstance which is outlined in the next paragraph.

Social Security uses the deceased worker’s basic benefit amount and calculates what percentage survivors are entitled to. The percentage depends on the survivors’ ages and relationship to the worker. If the person who died was receiving reduced benefits, your survivor’s benefit is based on that amount. Here are the most common situations:

• A widow or widower, at full retirement age or older, generally receives 100 percent of the worker’s basic benefit amount;
• A widow or widower, age 60 or older, but under full retirement age, receives about 71-99 percent of the worker’s basic benefit amount;
• A widow or widower, any age, with a child younger than age 16, receives 75 percent of the worker’s benefit amount.
• Children receive 75 percent of the worker’s benefit amount.

Now, it is also important to remember that there are regulations on the total amount an entire family can receive and you can read more by visiting www.ssa.gov.

Wow, this can be quite confusing and I cannot imagine trying to piece this together after my father passed away, but fortunately, if you find yourself in this situation you do not have to go through it alone. Contact our office, and our knowledgeable, caring staff members will assist you in obtaining these benefits.

Online applications can be processed for most potential new client’s right here in our office; however, there are a few exceptions listed below:

Why all claims can’t be filed with us directly….

Because these types of claims involve sensitive information such as income, assets and any personal items that may affect the monthly benefits that a claimant will ultimately receive, there are many permissions that have to be granted as well as specific research involved. Most, if not all of this work, can only be done by your local Social Security Administration office. The reason being is that they have access to an automatic service that can provide specific information on a person to person basis via a claimants social security number.

If you are currently receiving early retirement benefits from the Social Security Administration. This is a form of disability that is received before a claimant reaches full retirement age, which is normally 65.

If you are filing for a person under the age of 18. This is what we call a Child’s Claim. These are benefits that the legal guardian of a child or children who have disabilities may apply for.

If you are filing to receive a type of widows benefits only. This is a form of disability for widows and widowers to receive monthly Social Security benefits based on their deceased spouse's earnings record.

If you are filing for the Supplemental Security Income program only. This is a form of disability that is based on those who have limited income and resources.

Although you can’t file your initial application with us for these benefits, we will still be there with you every step of the way! You will need to either call or visit your local Social Security office to set up a phone or in office appointment. If you choose, you can also complete the application yourself online. We always recommend an in office or by phone appointment, however, because it’s much clearer and much less time consuming for the claimant.

As soon as you’ve set up your appointment with your local Social Security Administration office, be sure to give us a call so that we can schedule you for an appointment with our office and begin representing you in your disability claim.

This Blog is the last one in the series of my previous blogs regarding proving children disabled.  I will be providing some specific examples of limitations in each domain to help you better understand what must exist and be documented to prove your child disabled.

Health and Physical Well Being

• Has generalized symptoms caused by an impairment(s) (for example: tiredness due to depression).
• Has somatic complaints related to an impairment(s) (for example: epilepsy).
• Has chronic medication side effects (for example: dizziness).
• Needs frequent treatment or therapy (for example: multiple surgeries or chemotherapy).
• Experiences periodic exacerbations (for example: pain crises in sickle cell anemia).
• Needs intensive medical care as a result of being medically fragile.

            Please keep in mind that these examples are not all inclusive but just a brief review of SOME of the limitations that may exist. Also, not all examples will be appropriate for children of all ages.

            I hope this series of blogs helped shed some light on the many questions concerning what it takes to prove a child disabled.

One of the most difficult types of case to win is often headache cases. However, it is not impossible to get a favorable decision. Follow these instructions, and you will be a lot more likely to get a favorable decision.

Proving the frequency and severity of headaches can be tough and often frustrating for the one suffering them. There are a few steps you can take to better increase the odds of a successful outcome.

First, keep a headache log.  This can be done on a calendar or even in a notebook. Document when you have a headache, the duration of the headache (how long it lasts), how severe the pain and other symptoms are such as nausea and vomiting, what you must do to help relieve the pain and if possible what may have triggered the headache, and what medications you take for the headache and any side effects from them. 

Next, share your log with your medical provider. This will help your physician to determine the best course of treatment for you.

Also, cooperate with your doctors if they want to run diagnostic tests like brain MRIs in an attempt to discover a cause for the headaches.  You are NOT required by SSA to have any tests done you are not comfortable with, but it may hinder your claim if objective evidence cannot be provided.

Another way to help your claim is to keep all appointments with any other specialists your doctor may send you to. Often neurologists will consult on headache cases so be compliant with courses of treatment.

Lastly, having statements from family members/friends who see you regularly and have direct knowledge of the frequency, duration and symptoms of your headaches may sometimes help.

To find out more information about these types of claims, or to get a free phone consultation, give our office a call. 1-877-526-3457.

If you have a claim pending for Social Security, you may be asked to attend a Consultative Examination. These exams may be ordered by the Social Security Administration, or, in some cases, your attorney may request this type of procedure. Let’s learn a little more about Consultative Exams.

You are likely wondering why the SSA or your attorney has ordered this procedure. The reason is actually quite simple. These exams are ordered when a claimant cannot afford treatment at traditional facilities, and thus has not been able to obtain records of their impairment. Often individuals who are pursuing disability have no form of insurance, and cannot afford medical treatment. This exam may help prove your disability to the SSA.

There are two basic kinds of consultative examinations; physical and psychological. The Social Security Administration will pay for tests like x-rays or even breathing tests, but not more substantial procedures like MRI’s. As a rule, the SSA will not pay for invasive examinations.

Just like Physical Examinations, The SSA may also purchases psychological evaluations to help gather more information concerning any mental health allegations.

Although the SSA may obtain these exams, records from your treating physicians and therapists are often more helpful because they have known you the longest and are the most familiar with your conditions over an extended period of time.

Another important note about the Consultative Exam is that it will most likely occur just before, or just after your hearing. 

To learn more about the disability process, give our office a call today for a free consultation. Our toll free number is 1-877-526-3457.

You have waited a long time for a hearing, and when if finally comes, you will receive a Notice of Hearing in the mail. This notice will inform you of the date, time, and location of your hearing. Sometimes the Notice of Hearing will also list other individuals who will appear at the hearing.

One of the individuals you may see ‘noticed’ to appear may be a Vocational Expert or VE.  This person is not employed by the SSA, but rather is contracted out to review the work history in your claim and to assist the ALJ in understanding the various job requirements and demands of certain jobs that exist in the regional and national economy.

During the hearing, the ALJ may ask the VE to describe the types of work you have performed in the past and to list what skills, if any, the jobs required.  Then the ALJ may ask a series of hypothetical or ‘made up’ questions such as:

“Assume you have a person the same age and educational background as the claimant, Jon Smith, who can only perform work at the sedentary level. Assume based on their back problem they can only stand for ten minutes at a time and would need to move around frequently to alleviate pain…etc”. 

At the end of the hypothetical question the ALJ will ask the VE if there are jobs that exist in the economy that would allow a person with these restrictions to still be able to work.  The VE will either say ‘yes’ and name types of jobs or ‘no’.  The ALJ may ask several different hypothetical questions making them more restrictive by adding additional limitations to each one.

After the ALJ is finished asking questions of the VE, your representative will then be allowed to ask any other hypothetical questions he /she wants to.  They often will use parts of your testimony and add it into the questions so you see why describing pain and how it limits functional abilities is so important.

Having representation that is well versed in Social Security law can make a world of difference. We have helped thousands of people get the Social Security Benefits they deserve. Call us today for a free consultation, and find out why we won't take no for an answer. 1-877-526-3457

The Social Security Administration has a five step sequential process in place that every ALJ (Administrative Law Judge) must use to evaluate each claim they are assigned.

The first step is to determine if the claimant is working at a level above what the SSA deems acceptable to still qualify for benefits.  Substantial gainful activity, or SGA, is work activity for a profit that is defined by a certain gross monthly income level. If a person is working full time, or at a level above SGA, despite how severe their impairment may be, they will not be found disabled.

The second step in the process is as follows: The ALJ must determine if the claimant has a severe impairment or a combination of severe impairments. Severe, for this step, is defined as an impairment(s) that significantly limits the person’s ability to perform basic work activity.

In the third step, the ALJ must consider whether the claimant’s impairments meet or medically equal any of the listings of impairments found in the ‘Listings of Impairments’ book. If the claimant’s impairments meet the listing level of severity and duration, then the claimant is disabled.  If not, the ALJ  must determine what kinds of limitations exist from the impairments the claimant suffers from and assign an RFC level of work, or at what physical and mental capacity could the person still manage despite the impairments.

The fourth step is the one in which the ALJ must decide if, with the impairments and limitations already decided at step four,  the claimant can do the same type of work they have done in the past.  If they can, they are not disabled. If they cannot do their past work the ALJ proceeds to the last step.

The final step in this process is deciding if the claimant can do any other form of competitive full time work with the limitations already considered above. If the ALJ does find that you are able to some form of competitive full time work, even with your limitations, it is likely that you will be denied.

At each level, many variables can come into play. This is one of the many reasons why it is so important to have an experienced representative to assist you through the process.  If you are interested in learning more of what Jan Dils Attorneys at Law can do for you, give us a call today for a free consultation. 1-877-526-3457.

When it comes to Social Security cases, one of the most important parts of getting a favorable decision is evidence. It may seem like this should be obvious, but many people often forget that they have to it in order to back up their claims. Another thing you may not realize is that there are different types of evidence. Today we will be discussing objective evidence.

In its simplest form, objective evidence is that which can be proven through analysis, measurement, observation, and other types of research. In other words objective evidence is more “black and white” than subjective evidence. It is important to remember that subjective evidence, which is based on an opinion, can often help your case too. However, objective evidence is ideal.

The following are examples of objective medical evidence:

• X-rays for arthritic and joint complaints
• MRI’s and/or CT scans for various types of back pain complaints and neurological symptoms
• EMG’s for symptoms related to carpal tunnel syndrome and neuropathy type complaints
• PFT’s (pulmonary function tests) for lung impairments
• P.T. evaluations for range of motion complaints due to various conditions of the body
• Psychological testing for mental health complaints, memory problems and concentration issues

These are just some examples of types of objective testing.  Your physician will determine the best course of treatment for you, but if these tests are offered, take them.

As a reminder, be honest and consistent with your complaints and talk to your medical providers about all of the symptoms you are experiencing so they can take the best care of you. If you are interested in learning more, or would like to become a client, give our office a call today for a free phone consultation: 1-877-526-3457.

This blog is a continuation of my previous blogs regarding proving children disabled.  I will be providing some specific examples of limitations in each domain to help you better understand what must exist and be documented to prove your child disabled.

Caring for Self

• Consoles self with activities that show developmental regression (for example: an older child who sucks his thumb).
• Has restrictive or stereotyped mannerisms (for example: head banging or body rocking).
• Does not spontaneously pursue enjoyable activities or interests (for example: listening to music or reading a book).
• Engages in self-injurious behavior (for example: refusal to take medication, self-mutilation or suicidal gestures) or ignores safety rules.
• Does not feed, dress, bathe, or toilet self appropriately for age.
• Has disturbance in eating or sleeping patterns.
• Places non-nutritive or inedible objects in mouth (for example: dirt or chalk).

            Please keep in mind that these examples are not all inclusive but just a brief review of SOME of the limitations that may exist. Also, not all examples will be appropriate for children of all ages.

If you would like to know more about this topic, or would like a free consultation for your Social Security claim, give our office a call today: 1-877-526-3457.

Supplemental Security Income (SSI) is a program administered by the Social Security Administration (SSA) to assist people with a limited income who are blind or disabled.  This program may also cover an eligible child who is not married and under the age of 18 (or under the age of 22, if a full-time student).  One of the most common questions a parent or guardian may have is how SSI eligibility and benefits will be affected for a child receiving child support.

The Social Security Administration defines child support as payments from a parent to be used for a child’s needs, such as food and shelter.   These payments are classified as unearned income for the eligible child.  Currently, one-third of monthly child support payments are excluded from countable income when calculating the benefit amount for a child approved for Supplemental Security Income (SSI).  The remaining two-thirds of the monthly child support payment is countable income and may be used to reduce the amount of SSI benefits a child will receive.

For example, a parent has custody of one child who has been approved for Supplemental Security Income benefits and receives $240 per month in child support from the absent parent for the support and maintenance of the child.  When calculating the SSI benefits for the child, the Social Security Administration will exclude $80 of the child support payments, and the remaining $160 will be subtracted from the SSI Federal benefit rate as countable income.

It is important to note that child support is just one of several types of income that can affect your child’s eligibility and benefit amount under the Supplemental Security Income (SSI) program.  For more information about SSI eligibility for children, or for help in determining whether your child is eligible for SSI, call our office today and schedule a free consultation at 1-877-JANDILS.

(Written by special guest blogger Cheli Dyer, Attorney)

A young lady walked into the office with her mother wearing very dark sunglasses.  She wanted to know if her mother would qualify for Social Security Disability benefits because her mother was blind and unable to work.  I explained that yes, being legally blind is a qualification for getting approved for Social Security Disability but we should discuss her condition and see which Social Security Disability program she would qualify for. 

I asked if her mother was legally blind or just had poor vision.  Her mother had had vision problems ever since she was born.  At her last eye doctor appointment she was told her vision had deteriorated to 20/190.  She had been working but as her eyesight was decreasing so were her hours at work.   She knew after this last doctor report that she would not be able to return to work. 

We discussed her work history to see which Social Security Disability program she would qualify for.  Although she may not have worked full-time, she had worked consistently for the past ten years. 

She did not have any assets that were valued over $2000.  So she should qualify for both Social Security Disability Insurance and Social Security Income.  Since Social Security qualifies legally blind as anything less than 20/200 in either one eye or both, she should automatically qualify for Social Security Disability payments.  Both the mother and daughter were ecstatic, since both were worried about how the mother would provide for herself after not being able to go back to work. 

She did not even have to go to her local Security Office and we completed her online application in the office that day.  Both mother and daughter walked out of the office that day with their minds at ease.

Let the staff of Jan Dils, Attorneys At Law help put your mind at ease.  Call us with your questions at 1-877-526-3457, or click here to tell us about your claim now.

(Written by special guest blogger Elizabeth Dues)

This blog is a continuation of my previous blogs regarding proving children disabled.  I will be providing some specific examples of limitations in each domain to help you better understand what must exist and be documented to prove your child disabled.

Moving About and Manipulating Objects

• Has muscle weakness, joint stiffness, or sensory loss that interferes with motor activities (for example, unintentionally drops things).

• Has trouble climbing up and down stairs, or has jerky or disorganized locomotion, or difficulty with balance.

• Has trouble coordinating gross motor movements (for example, bending, kneeling, crawling, running, jumping rope, or riding a bicycle).

• Has difficulty with sequencing hand or finger movements (for example, using utensils or manipulating buttons).

• Has difficulty with fine motor movements (for example, gripping and grasping objects).

• Has poor eye-hand coordination when using a pencil or scissors.

Please keep in mind that these examples are not all inclusive but just a brief review of SOME of the limitations that may exist. Also, not all examples will be appropriate for children of all ages.

To learn more about this, give our office a call, 1-877-526-3457. Or, tell us about your claim now by clicking here.

This blog is a continuation of my previous blogs regarding proving children disabled.  I will be providing some specific examples of limitations in each domain to help you better understand what must exist and be documented to prove your child disabled.

Interacting and Relating with Others

• Does not reach out to be picked up, touched, and held by a caregiver.

• Has no close friends, or has friends who are older or younger.

• Avoids or withdraws from people he or she knows.

• Is overly anxious or fearful of meeting new people or trying new experiences.

• Has difficulty cooperating with others.

• Has difficulty playing games or sports with rules.

• Has difficulty communicating with others (for example, does not speak intelligibly or use appropriate nonverbal cues when carrying on a conversation).

            Please keep in mind that these examples are not all inclusive but just a brief review of SOME of the limitations that may exist. Also, not all examples will be appropriate for children of all ages.

If you are interested in learning more about this subject, call our office today for a free phone consultation: 1-877-526-3457, or contact us now.

This blog is a continuation of my previous blogs regarding proving children disabled.  I will be providingsome specific examples of limitations in each domain to help you better understand what must exist and be documented to prove your child disabled.

Attending and Completing Tasks

• Is easily startled, distracted, or over-reactive to everyday sounds.
• Is slow to focus on or fails to complete activities that interest the child.
• Gives up easily on tasks that are within the child’s capabilities.
• Repeatedly becomes sidetracked from activities or frequently interrupts others.
• Needs extra supervision to stay on task.
• Cannot plan, manage time, or organize self in order to complete assignments or chores.

 Please keep in mind that these examples are not all inclusive but just a brief review of SOME of the limitations that may exist. Also, not all examples will be appropriate for children of all ages.

For more information, give our office a call: 1-877-526-3457, or tell us about your case now. Click Here.

This blog is a continuation of my last blog regarding proving children disabled. Over the next six blogs I will be providing some specific examples of limitations in each domain to help you better understand what must exist and be documented to prove your child disabled.

Acquiring and Using Information

• Does not demonstrate an understanding of words that describe concepts such as space, size, or time (for example, inside/outside, big/little, morning/night).
• Cannot rhyme words or the sounds in words.
• Has difficulty remembering what was learned in school the day before.
• Does not use language appropriate for age.
• Is not developing “readiness skills” the same as peers (for example, learning to count, reciting ABCs, scribbling).
• Is not reading, writing, or doing arithmetic at appropriate grade levels.
• Has difficulty comprehending written and/or oral directions.
• Struggles with following simple instructions.
• Talks only in short, simple sentences.
• Has difficulty explaining things.

Please keep in mind that these examples are not all inclusive but just a brief review of SOME of the limitations that may exist. Also, not all examples will be appropriate for children of all ages.

For more information, give our office a call: 1-877-526-3457, or tell us about your case now. Click Here.

What does it take to prove my child is disabled?  This is a very good question. It is more difficult for children to be proven disabled because the rules for children (anyone under the age of 18) are pretty strict.

There are six domains or categories that SSA uses to evaluate children for disability.  The child must have a ‘marked’ limitation in at least two of the six domains to be qualified for disability. 

The domains are:

• Acquiring and using Information

• Attending and Completing Tasks

• Interacting and Relating With Others

• Moving About and Manipulating Objects

• Caring for Self

• Health and Physical Well Being

 You can help to document any deficits in these categories by keeping all report cards, psychological reports, and notes from teachers regarding behavior and discipline, doctor’s records, mental health treatment records and even a journal of anything you think may be considered significant.  The SSA relies upon school records and treating sources to evaluate these areas of concern.

For younger children who are not in school the SSA must rely upon medical providers and the comparison of age appropriate abilities of other children in the same age category.

Just remember to document EVERYTHING and if you would like some specific examples of limitations in each of the above domains stay tuned for the next series of blogs!

If you are interested in learning more about this subject, call our office today for a free phone consultation: 1-877-526-3457, or contact us now.

There are a set of rules that the SSA can apply to a claimant’s case based on their age, education, work background and present functional ability  to find the person disabled more quickly.  These rules are called the ‘GRIDs’.

There are basically four age categories that SSA considers when applying the GRIDs. 1. “Advanced age” refers to an individual age 55 or older.  2. “Closely approaching advanced age” refers to an individual between the ages of 50 and 54.  Then there are two “Younger” individual categories ages 45-49 and 18-44 (3. and 4.).

There are also four basic educational categories the SSA considers as well.1. “Illiterate or unable to communicate in English”. 2. “Limited or less”. 3. “High school graduate or more with no additional training that would provide direct entry into the work force” and 4. “High school graduate or more with additional training that would allow for direct entry into the work force” (such as LPN certification for example).

  Previous work experience is divided into three main categories:

• 1.  “Unskilled or none”. 
• 2. “Skilled or semi-skilled work with transferable skills”.
• 3. “Skilled or semi-skilled work with no transferable skills”.

 If, upon review of your medical records, the ALJ or SSA decides based on your physical limitations that you are reduced to a particular level of work such as Sedentary AND you have a limited education AND your past work was unskilled AND you are over 50 years of age, then you would meet the GRID rule 201.09.  There are several GRID rules for various combinations but the main thing to remember is the older you are, the easier it is to be found disabled based on the GRIDs.

If you are interested in a free consultation for your Social Security Claim, give our office a call today: 1-877-526-3457. Or, tell us about your claim now.