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Social Security Disability
If you have a disability and are entitled to Social Security benefits, The Law Office of Robinson Iglesias is here to assist you. If your claim has been denied call The Law Office of Robinson Iglesias immediately. We will file your appeal, review your medical records, accompany you to the hearing and argue your case. Call us now: 718 237-2222.
Under the law “disability” is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of 12 months.
The Social Security Administration (SSA) administers two programs that provide benefits based on disability:
- Social Security Disability (SSD) program (title II)
- Supplemental Security Income (SSI) program (title XVI)
Title II provides for payment of Social Security Disability benefits to individuals who are "insured" under the Act by virtue of their contributions to the Social Security trust fund through the Social Security tax on their earnings, as well as to certain disabled dependents of insured individuals.
There are three basic categories of individuals who can qualify for benefits on the basis of Social Security Disability:
- A disabled insured worker under full retirement age
- An individual disabled since childhood (before age 22) who is a dependent of a parent entitled to title II disability or retirement benefits or was a dependent of a deceased insured parent.
- Disabled widow or widower, age 50-60 if the deceased spouse was insured under Social Security.
The regulations provide for disability evaluation under a procedure known as the "sequential evaluation process." This process requires sequential review of:
- Claimant's current work activity
- Severity impairment(s)
- Determination of whether the impairment(s) meets a “listing”
- The Listing of Impairments describes, for each major body system, impairments considered severe enough to prevent an individual from doing any gainful activity. For all other listings, the evidence must show that the impairment has lasted or is expected to last for a continuous period of at least 12 months. The criteria in the Listing of Impairments are applicable to evaluation of claims for both SSD and SSI.
- The claimant's residual functional capacity based on:
- Past work
- Education and
- Work experience
For children applying for Social Security Income, the process requires sequential review of the child's:
- Current work activity (if any)
- Severity of impairment(s)
- Assessment of whether impairment(s) results in marked and severe functional limitations
Under title XVI, a child under age 18 will be considered disabled if he or she has a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months.
Do not sit idle while your disability is ignored, let The Law Office of Robinson Iglesias fight for the benefits which are rightfully yours. If you belief you are entitled to Social Security benefits call us now: 718 237-2222.