Good morning!
My law firm handles social security disability claims and Jason Mosteller is the attorney that manages that department for me.
Let’s go to a question from one of our viewers regarding social security disability and I’d like to get your assistance in helping answer their question:
Do I need a Georgia Lawyer – S.S. Disability Benefits
“Hi Gary.
I am 55 years old and I have been doing construction work all of my life.
The doctor fused a couple of my vertebrae in my lower back.
Now the pain has become unbearable and I can no longer work.
I’ve applied for social security disability and was just denied.
”
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Thanks for the question.
Jason: I’m sorry to hear about his situation. I would highly recommend he contact an attorney to help him with his claim. The application for social security disability is a complicated process, especially if you have been denied benefits.
Gary: Well let’s talk about the process. I know the social security administration has a 5 step process they follow to determine if a person is disabled and eligible for disability benefits.
I’d like for us to go over the 5 steps now for our viewers.
The social security administration wants to know if you are working. Explain that for us.
Jason: They will look to see if you engaged in “Substantial Gainful Activity” – which means did you work and earn more than $1,040.00 per month in 2013, then you are not eligible to receive social security disability payments.
Gary: Step # 2:
What does that mean?
Jason: The applicant’s condition must interfere with the person’s ability to do their job for it to be considered “severe”. The condition must prevent you from working for at least 12 months. If it is, then we go to the next step.
Is your condition listed in the Social Security Administration’s list of disabling conditions?
Explain this step for us.
Let’s talk about the list for adults.
Is the applicant able to perform the same work they did in their past?
Tell us about this step.
Jason: If the claims examiner at the social security administration believes that the applicant is able to do the same kind of work they have done in the past, then they will deny their claim for benefits.
Gary: Step #5:
Is the applicant able to do any other work?
So if you can’t do the same kind of work you did in your past, the examiner wants to find out if you can do any kind of work? Explain that for us.
Jason: Then you start the appeals process. There are various time deadlines that apply to these appeals. If you don’t file the appeal within the deadline, you have to start the process all over again.
Gary: When should a person get an attorney involved in the social security process?
Jason: In my opinion, from the very beginning. We assist our clients in the initial application in hope of giving them the greatest chance of being declared disabled sooner in the process.
And I encourage you – if you don’t call us, please call someone to help you with your claim.
You owe it to yourself – to your family – to get the help you need.
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