Posts in:Blog

The Vocational Expert

Posted November 17, 2017 by Premier Disability Services, LLC®

In many disability claims, vocational evidence becomes critical to whether you will be found disabled or not. A vocational expert (VE) is an “expert witness” called by the Social Security Administration to testify at your disability hearing. A VE knows about job availability in the current labor market and the skills needed to perform certain jobs.

If you are found to have a severe medical impairment, the question then becomes whether you can perform your past work or any other work – such as a light duty or sedentary job – with your age, education, and work experience. For example, a 55-year-old coal miner with a fifth-grade education is in a different position than a 40-year-old with a graduate degree.

A VE is called to testify at most disability hearings. VE’s are trained to assess an individual’s age, education, and past work to determine “transferable” skills which would allow them to move into another job. A Judge usually calls a VE when it is clear that an individual cannot return to the type of work that they performed in the past. The VE is then asked to indicate what jobs are available in the local or national economy, considering the claimant’s age, education, work experience, physical and mental limitations and “transferable” skills.

If the Judge determines that you can still perform any kind of full-time work, then your disability claim may be denied. Keep in mind, the issue is not whether you could be hired for a particular job, but whether you retain the capacity to perform any other type of work.

Social Security recognizes that as people age, the ability to adapt to new skills, tools, and work settings diminishes. If pain and/or fatigue impose significant limitations, this can reduce the pool of available jobs. The VE should be cross-examined to determine if you can fully perform the job(s) suggested. It takes experience with disability hearings and knowledge of Social Security law to ask the right questions that will successfully rule out any jobs the VE says you could do. To avoid losing your hearing based on the VE’s testimony, consider hiring an advocate or attorney to represent you at your hearing.

If you or someone you know is looking for assistance with a Social Security Disability claim, please contact us for a free case evaluation!

By: Joyce Trudeau of Premier Disability Services, LLC®

What Does it Mean to Ambulate Effectively?

Posted November 10, 2017 by Premier Disability Services, LLC®

There is a wide variety of conditions and impairments that may qualify a person for Social Security Disability Insurance or Supplemental Security Income benefits. What is important to understand is that the Social Security Administration (SSA) is not as concerned with the diagnosis itself as they are with the limitations that an impairment may impose on an individual’s ability to work. Certain impairments, like lower extremity joint disorders, require SSA to look at a person’s ability to ambulate effectively when assessing disability. SSA defines effective ambulation in specific terms.

In order to ambulate or walk effectively, an individual must be able to walk without a hand-held device that would otherwise prevent an individual from using at least one upper extremity to carry items. For example, a person must use his/her hands to operate a walker or a manual wheelchair. Thus, a person using a manual wheelchair or walker would have difficulty with ambulation because such devices require the use of both hands to be operational. Conversely, a person who relies on a cane to walk has an available hand to carry items.

Furthermore, to ambulate effectively, SSA also indicates that a person must be able to walk at a reasonable pace over sufficient distance to carry out activities of daily living. Effective ambulation further requires that a person be capable of walking at a reasonable pace on rough or uneven surfaces for a full block. A person must be capable of walking up a few steps at a reasonable pace with the use of a single handrail to be considered ambulatory. Finally, a person must be able to use public transportation to carryout routine ambulatory activities like shopping to meet SSA’s requirements for effective ambulation.

For more information on SSA’s definition of “effective ambulation,” please see: http://www.ssa.gov/disability/professionals/bluebook/1.00-Musculoskeletal-Adult.htm

By: Joyce Trudeau of Premier Disability Services, LLC®

Social Security Disability vs. State Disability

Posted November 3, 2017 by Premier Disability Services, LLC®

People often confuse the term Social Security Disability Insurance (“SSDI”) with State Disability Insurance (“SDI”), when in reality the programs are quite different. There are 5 states that have state-mandated disability insurance requirements: California, Hawaii, New Jersey, New York, and Rhode Island. The territory of Puerto Rico also has mandatory insurance requirements.

SSDI is administered by the federal government through the Social Security Administration (“SSA”). It provides a cash benefit to disabled workers who have paid into the Federal Insurance Compensation Act. A person’s monthly benefit for 2017 can be as low as a few dollars to as high as $2,687.00 depending on one’s contributions to FICA. If you have minor children, the benefit may be increased. SSDI is not meant to be a full income replacement, however, which often surprises some people.

Recipients of SSDI also qualify for Medicare once they have been entitled to SSDI benefits for 24 months. Recipients can remain on SSDI until SSA has determined that a disability has improved or until the recipient is well enough to return to work. At retirement age, a disabled person can still receive his/her SSDI rate if this rate is higher than his/her retirement rate. However, SSA will start referring to these benefits as retirement benefits regardless of what rate you are being paid at.

State disability programs may vary from state to state. For example, California has its own state-run disability program due to their high cost of living. It is a temporary program and only lasts for a maximum of one year. Benefits cannot be extended past one year even if you remain disabled after those 365 days. The program is administered by the Employment Development Department (“EDD”), a State agency that also administers unemployment. Recipients of SDI do not receive health insurance with this benefit, but recipients may be able to file for Medi-Cal separately if they meet the financial requirements.

You can apply for SSDI and SDI simultaneously, but please note that there can be an offset of these public benefits if you are awarded.

If you or someone you know is unable to work due to a medical condition, please contact us for a free case evaluation!

By: Thomas A. Klint of Premier Disability Services, LLC®