Individuals qualify for Social Security disability coverage because they have worked and paid into the Social Security Disability Trust Fund (SSDTF). They are required to have worked a minimum number of quarters to have coverage, often referred to as Title 2 coverage. The contributions made by each worker, and matched by each employer, are referred to as FICA taxes. FICA stands for Federal Insurance Contributions Act. Contributions (taxes) are mandatory for most workers. The current tax rate for Social Security is 6.2 percent, paid by the worker and another 6.2 percent is paid by the employer. An additional Medicare tax of 1.45% of added. Note: The 12.4 percent Social Security tax funds both the Retirement Trust Fund and the Disability Trust Fund.
The minimum quarters of coverage required to be insured vary according to the age of the worker. A very young worker may only need to have worked about 1 year to be insured under Social Security disability. An older worker will need more work.
When a person stops working, contributions to FICA also stop. However, Title 2 disability insurance coverage does not stop immediately. For most individuals, they will lose Social Security disability coverage about 4 years after they stop working. They may eventually regain coverage if they start working again.
Individuals who have not worked, or have stopped working and lost their Title 2 disability insurance coverage with Social Security, can only file Title 16 claims, often called "SSI" for Supplemental Security Income. These claims do not require a work record or quarters of coverage. SSI claims are means tested. There are income and resource limits for receiving SSI benefits. Also, the monthly benefits available for SSI are usually less than for regular disability based on a work record. For instance, the monthly maximum benefit in 2015 for Social Security Disability (Title 2) is $2,663. The monthly maximum for SSI is only $733.
Can We Help You With a Disability Claim or Appeal?
The medical qualifications for Title 2 and Title 16 (SSI) are exactly the same. In short, both programs require the claimant to prove a disability based on the same medical standards (except for certain dependent's benefits based on a parent's disability).
Thursday, April 23, 2015
Sunday, April 5, 2015
FORSYTHE FIRM AT BRIDGE STREET
The Forsythe Firm, located directly across from Bridge Street in Huntsville, is dedicated to the practice of Social Security disability advocacy. It's the only thing we do.
If you have a Social Security disability claim, we hope you will visit us in the beautiful Bridge Street area for a free case evaluation. 7097 Old Madison Pike NW, Suite 108, Huntsville, AL. (256) 799-0297.
As a full service disability advocate firm, the Forsythe Firm can help clients--"We get paid only for success."
- file the initial application for Social Security disability
- complete the attending questionnaires, interrogatories and supporting forms
- handle correspondence and phone calls to Social Security on your behalf
- gather medical evidence
- appeal unfavorable decisions
- write supportive briefs to explain why you should be approved
- attend hearings before administrative law judges as your representative
- file further appeals with the Appeals Council if that is required
- advocate for your right to receive back pay or past due benefits
- help you collect all the money to which you are entitled
If you have a Social Security disability claim, we hope you will visit us in the beautiful Bridge Street area for a free case evaluation. 7097 Old Madison Pike NW, Suite 108, Huntsville, AL. (256) 799-0297.
RESIDUAL FUNCTION CAPACITY
To decide a disability claim, Social Security must determine the claimant's residual function capacity (RFC). This term defines the maximum level of exertion and function that an individual can perform when doing work related activitie--such as walking, lifting, standing or pushing/pulling. RFC also includes postural activities such as sitting, kneeling, crouching, crawling, bending, etc. The mental abilities of work must also be evaluated, including the ability to remember, concentrate, finish tasks, understand and carry out instructions or respond appropriately to supervisors and co-workers.
Strictly in terms of exertion, there are 5 levels of exertion:
Sedentary work - requires the ability to sit for up to 6 hours out of an 8 hour day, stand up to 2 hours of an 8 hour day and occasionally* lift and carry no more than about 10 pounds at a time or frequently* lift and carry 10 pounds.
Light work - requires an ability to stand for up to 6 hours per 8 hour day and occasionally lift and carry up to 20 pounds at one time or to frequently lift 10 pounds.
Medium work - will require an individual to stand at least 6 hours per day and to lift and carry no more than 50 pounds at one time or to lift 25 pounds or more frequently.
Heavy work - will require a person to lift and carry no more than 100 pounds at one time or to frequently lift 50 pounds or more, along with at least 6 hours of standing/walking per day.
Very heavy work - means that an individual must be able to lift and carry more than 100 pounds at one time or to lift 50 pounds or more frequently.
If a person is found to be capable of medium work, he is assumed that he can also do light and sedentary work, unless there are special circumstances, such as an inability to sit for prolonged periods, etc.
I think you can easily see how important it is for the Social Security decision maker to properly determine your residual function capacity (RFC). Primarily, the RFC is developed from medical records but your testimony can also be considered. I like to have a treating physician complete a residual function capacity form which states the claimant's particular limitations. When this form is provided by a licensed treating doctor who has a history of providing medical treatment to the claimant and when the RFC is consistent with the entire medical record, decision makers will often use it to determine residual function capacity. If the treating physician will not provide an RFC form, then the administrative law judge or other decision maker must come up with his own RFC--which can be problematic.
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* The term "occasionally" means very little to one-third of an 8-hour workday.
* "Frequently" means one-third to two-thirds of an 8 hour workday.
* "Constantly" means more than two-thirds of the time.
Strictly in terms of exertion, there are 5 levels of exertion:
Sedentary work - requires the ability to sit for up to 6 hours out of an 8 hour day, stand up to 2 hours of an 8 hour day and occasionally* lift and carry no more than about 10 pounds at a time or frequently* lift and carry 10 pounds.
Light work - requires an ability to stand for up to 6 hours per 8 hour day and occasionally lift and carry up to 20 pounds at one time or to frequently lift 10 pounds.
Medium work - will require an individual to stand at least 6 hours per day and to lift and carry no more than 50 pounds at one time or to lift 25 pounds or more frequently.
Heavy work - will require a person to lift and carry no more than 100 pounds at one time or to frequently lift 50 pounds or more, along with at least 6 hours of standing/walking per day.
Very heavy work - means that an individual must be able to lift and carry more than 100 pounds at one time or to lift 50 pounds or more frequently.
If a person is found to be capable of medium work, he is assumed that he can also do light and sedentary work, unless there are special circumstances, such as an inability to sit for prolonged periods, etc.
I think you can easily see how important it is for the Social Security decision maker to properly determine your residual function capacity (RFC). Primarily, the RFC is developed from medical records but your testimony can also be considered. I like to have a treating physician complete a residual function capacity form which states the claimant's particular limitations. When this form is provided by a licensed treating doctor who has a history of providing medical treatment to the claimant and when the RFC is consistent with the entire medical record, decision makers will often use it to determine residual function capacity. If the treating physician will not provide an RFC form, then the administrative law judge or other decision maker must come up with his own RFC--which can be problematic.
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* The term "occasionally" means very little to one-third of an 8-hour workday.
* "Frequently" means one-third to two-thirds of an 8 hour workday.
* "Constantly" means more than two-thirds of the time.
HOW DO WE EVALUATE YOUR DISABILITY CASE?
As Social Security disability advocates, the Forsythe Firm often has to evaluate a disability case to see what its merits and weaknesses are. The critical factors of any Social Security disability case are:
A small percentage of claimants may meet a Listing set forth in 20 CFR 404. Subpart P, Appendix I. These individuals have very severe impairments which are very specifically defined in the Listing and should qualify for SSDI benefits if they are not working and if their impairment has lasted or is expected to last at least 12 months OR end in death. Most claimants, however, will not meet a Listing level impairment.
Further, we will evaluate your claim to determine if a Medical-Vocational Guideline is met. Generally speaking, these "grid rules" are easier to meet for individuals who are at least 50 years of age with limited education and unskilled work experience. Others could also meet a grid rule.
If a claimant does not meet a Listing or a Medical-Vocational Guideline, we must determine whether he/she can perform any job which exists in the national or regional economy. The bottom line here is often whether a claimant can perform unskilled sedentary work. By "work," we mean work that is performed 8 hours a day, 5 days per week or an equivalent schedule, on a persistent basis.
These are certainly not the only factors to be considered but they are major considerations in evaluating the odds of getting Social Security disability. At the Forsythe Firm, all case evaluations are free and without obligation. Keep in mind that opinions can vary from one representative to another. Even if we may not agree to represent you it does not mean that another representative will not and it certainly does not mean that your case cannot be successful.
www.ForsytheFirm.com
- the claimant's age
- residual functional capacity (the most you are able to do, functionally)
- education
- past work history
- duration of the impairment (how long it has lasted or is expected to last)
A small percentage of claimants may meet a Listing set forth in 20 CFR 404. Subpart P, Appendix I. These individuals have very severe impairments which are very specifically defined in the Listing and should qualify for SSDI benefits if they are not working and if their impairment has lasted or is expected to last at least 12 months OR end in death. Most claimants, however, will not meet a Listing level impairment.
Further, we will evaluate your claim to determine if a Medical-Vocational Guideline is met. Generally speaking, these "grid rules" are easier to meet for individuals who are at least 50 years of age with limited education and unskilled work experience. Others could also meet a grid rule.
If a claimant does not meet a Listing or a Medical-Vocational Guideline, we must determine whether he/she can perform any job which exists in the national or regional economy. The bottom line here is often whether a claimant can perform unskilled sedentary work. By "work," we mean work that is performed 8 hours a day, 5 days per week or an equivalent schedule, on a persistent basis.
These are certainly not the only factors to be considered but they are major considerations in evaluating the odds of getting Social Security disability. At the Forsythe Firm, all case evaluations are free and without obligation. Keep in mind that opinions can vary from one representative to another. Even if we may not agree to represent you it does not mean that another representative will not and it certainly does not mean that your case cannot be successful.
www.ForsytheFirm.com
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