Yes. Claimant approved for Social Security disability receive Medicare after receiving disability benefits for two years (24 months). All claimant approved for benefits receive nothing for the 5 months after their onset date. After five months benefits begin and after two years of receiving benefits they will become eligible for Medicare. For many disabled individuals,[...]
The hearing is an opportunity for the claimant to provide their testimony about their impairments and how those impairments affect their activities of daily living and work activity. It is also a chance for the Administrative Law Judge to make a decision on the claimant’s credibility and attempt to get more information about any of[...]
Yes. Claimants can file a “Request for Reconsideration.” If that is denied, then the claimant can “Request a Hearing” before an Administrative Law Judge (ALJ). Quite often, a claimant’s best chance for approval is before an ALJ.
The Social Security Administration employs a five stop process to decide whether a claimant is disabled. Step 1 looks into whether the claimant is actually performing substantial gainful activity. If the claimant has been earning more than about $1,200 a month, they will not be eligible for disability benefits. Step 2 looks into whether the[...]
Not necessarily. The Social Security Administration does not have to accept your doctor’s opinion on your inability to work as determinative. The Administration is usually more interested in how an individual’s impairments affect their ability to perform work tasks. A physician’s opinion about a patient’s specific work restrictions will often be stronger evidence – especially[...]
Yes. The Social Security Administration does not view the receipt of workers’ compensation benefits as substantial gainful activity. Individuals receiving workers’ compensation benefits may still apply for Social Security disability benefits. However, if approved, their Social Security disability benefits will be offset by the periodic payments of workers’ compensation.