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How Does the Social Security Administration Define Disability?

The Social Security Act defines disability for adults as "the inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment, which can be expected to end in death or which has lasted or is expected to last for a continuous period of not less than 12 months." A medically determinable impairment is one that is based on medical evidence consisting of signs, symptoms, laboratory findings, or other diagnostic tests. *Click here for a FREE copy of "Your Rights to Social Security Disability Benefits" Answering these broad-based questions isn't easy. Help is a phone call...

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What Information is Needed to Establish a Disability?

You should provide the Social Security Administration with information that is as complete and detailed as possible. 1. You will need to provide a list of all the jobs you held in the past 15 years and give a detailed description of your job duties including, but not limited to: * The tasks you performed * Tools, equipment, machinery you used * Knowledge and skills your work required * What objects you had to lift and carry and the weight of those objects * How much you had to sit, stand, walk, climb, stoop, kneel, crouch, crawl and balance * Environmental conditions of your work place * How much...

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What Should I Expect When Dealing with the Social Security Administration?

The Social Security administration is a huge bureaucracy. It is important that you keep an organized and accurate account of your oral and written communications with the Social Security Administration. Make a note of the person's name with whom you spoke and what was said. When you file your claim, get the name and telephone number of the claims representative responsible for your claim in case you have questions later or need to report changes in your claim. When you submit documents, make sure your name and Social Security number is listed on the top of each page. If the page becomes...

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When Should I Expect a Decision on My Claim?

In general, you can expect to wait at least close to four months to receive the initial decision. If you are denied and file an appeal, which is called a request for reconsideration, you should expect to wait from two to three months for a decision on the request for reconsideration decision. If your claim is denied at the reconsideration level, and you request a hearing before an Administrative Law Judge, you should expect to wait 18 to 24 months before you will actually appear before the judge. *Click here for a FREE copy of "Your Rights to Social Security...

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What Should I Do If My Claim Is Denied?

If your claim is denied, you should file an appeal! Since a large number of decisions are reversed on appeal, it is WORTH YOUR TIME AND EFFORT!! In addition, if you do not file the appeal in the required time, you give up your right to appeal. If you change your mind and want to continue your claim, you have to start over with a new application, and that is not in your best interest because: 1. By repeatedly starting over, you add additional delays to an already lengthy process. 2. Disability claims are denied most of the time at the first...

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How Do I Appeal the Decision Made on My Claim?

The four levels of appeal as follows: 1. Reconsideration 2. Hearing 3. Appeals Council Review of the Hearing Decision 4. Civil Suit in Federal Court. If your initial claim is denied, you have 60 days (plus five days mail time) from the date on your notice to file an appeal. The first appeal is a Request for Reconsideration. If the Reconsideration is denied, you have 60 days to file a Request for Hearing before an Administrative Law Judge. At the initial and reconsideration levels, your claim is reviewed by the Division of Disability Determination Services. Unfortunately, approximately 90% of all claims are denied at the initial...

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What Can I Expect at a Hearing Before an Administrative Law Judge?

At the hearing, you will appear and give testimony under oath regarding your pain and other symptoms and how your symptoms limit your ability to perform every day tasks such as cooking, grocery shopping, household chores, driving, and engaging in social activities. This testimony is evidence that the judge must consider along with the medical evidence in your file when making a decision regarding your ability to perform work activities. The judge may also have a vocational expert appear at the hearing to give testimony as to whether a hypothetical person of your age, education, work history, impairments, and functional limitations...

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If My Claim Is Awarded, How Long Will I Receive Benefits?

Once you qualify for disability benefits, you may continue to receive the benefits as long as you remain medically disabled and unable to perform substantial gainful work. *Click here for a FREE copy of "Your Rights to Social Security Disability Benefits" Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188. ...

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Am I Entitled to Medical Benefits If I Win My Case?

You will be automatically enrolled in Medicare after getting disability benefits for twenty-four (24) months. The Social Security Administration starts counting the 24 months from the first month you were entitled to disability benefits, not the first month you actually receive the first check. *Click here for a FREE copy of "Your Rights to Social Security Disability Benefits" Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188. ...

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How Will I Know That the Attorney I Choose to Represent Me Is Competent and Will Know What to Do? Tampa, FL

You should ask the attorney about his/her qualifications and if he/she has handled a case like yours! Find out what the lawyer thinks of your case and what actions he/she recommends. Of course, a Social Security Disability Rights Analysis is the best way to answer these questions immediately. *Click here for a FREE copy of "Your Rights to Social Security Disability Benefits" Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188. ...

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