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Check our blog for updated information and news pertaining to Social Security Disability

SSA Regulations on Evaluating Symptoms in Disability Cases

It is acknowledged by the Social Security Administration (SSA) that symptoms can affect and limit people differently person to person. A disability lawyer in San Jose wants to help you understand the SSA regulations in determining abilities of patients.

How the Duration Requirement Affects Your SSD Case

One factor affecting a decision in a Social Security disability case is meeting the duration requirement. According to a San Jose disability lawyer, your impairments must have lasted or be expected to last for a continuous period of 12 months, unless your impairment is expected to result in death.

Are You Disabled “Enough” to Apply for SSD Benefits?

There is a clear difference between being unable to work and being found "disabled" by the Social Security Administration (SSA). A San Jose disability attorney wants to help you understand how "disability" can be defined and some criteria for applying for disability benefits.

Treatment History as a Factor in Qualifying for SSD

Many factors are considered by the Social Security Administration (SSA) in its determination of a claimant’s disability. The medical records documenting the treatment history are examined to understand the nature of the impairment, but, as a San Jose disability attorney can explain, the age of the claimant is a critical factor in the SSA’s evaluation.

Impairment-Related Work Expenses (IRWE)

Can Let You Work and Still Receive Social Security Disability Benefits

Many of our clients are precluded from working in their full-time occupation because of their injury or illness, but still try to perform some type of part-time or limited work either before their benefits are approved, or after their benefits have been granted.

My Social Security:

In the past, the Social Security Administration annually provided statements by mail showing your lifetime earnings and estimating the benefit amounts for retirement, disability, and survivor’s benefits. If you are under 60, 2010 was likely the last year you received a statement.

Disability Based on Medical Findings: The Listing of Impairment

One of the avenues to approval of an application for SSA disability is through the Listing of Impairments. You can be found disabled at Step 3 of the Sequential Evaluation Process if your impairment meets or equals a listed impairment. SSA uses the Listing of Impairments as a screening tool to identify claimants who are so severely impaired that they cannot work at all and thus immediately qualify for benefits.

The Vocational Expert at Your Social Security Hearing

The administrative law judge could ask a vocational expert (VE) to testify at your hearing. Some administrative law judges ask a vocational expert to testify in virtually all of their cases involving adults. If a VE is going to testify at your hearing, you will be notified in advance in the Notice of Hearing.

The Factor of Age In Social Security Disability Evaluation

Many medical conditions occur more frequently to workers as they age into the later part of their working years. Most people are not limited by arthritis, cardiac disease, Type II diabetes, and many other conditions until reaching their 50s and 60s.

Reopening an Earlier Application

Did you give up on an earlier application for Social Security disability benefits after it was first denied? If the answer is yes, it may be possible for your attorney under limited circumstances to reopen the earlier application, which could provide you with significant additional past-due benefits.

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