Five Things Every Social Security Disability Attorney Should Do in Every Social Security Disability Case

These include:Things a Social Security Disability Attorney Should Do

1. Obtaining a medical sworn statement from your treating doctor that identifies the physical or psychiatric limitations you have as a result of your medical condition.

2. If you have the Social Security Disability applicant has attempted to go back to work and failed or is working in a sheltered employment, the Social Security Administration is looking for evidence that addresses these issues. If the Social Security Disability applicant has return to work in some capacity, those wages have to be explained to the Administrative Law Judge.

3. If you become disabled as a result of a workers’ compensation case, the Administrative Law Judge is going to want to know more about the workers’ compensation claim.

4. If your case has been settled, it is important that your Social Security Disability attorney have a copy of the workers’ compensation settlement as the Administrative Law Judge is going to want to see a copy of the settlement documents.

5. Submitting precise pre-hearing briefs. At Cavey and Barrett, we submit a Memorandum of Law prior to every Social Security Disability hearing. This helps the Administrative Law Judge prepare for a hearing and, in some cases, can actually assist them in awarding benefits without the need for a hearing. This is call an “on the record request”.

If you would like more information about your rights regarding Social Security Disability Benefits, you can order our FREE book,"Your Rights to Social Security Disability Benefits" by submitting the form in the sidebar. We will send it out immediately along with other important information.

For more information about Social Security Disability Benefits, visit our law firm web site at CaveyLaw.com. If you would like to speak with one of our Social Security Disability Benefits attorneys about your case, feel free to call us anytime at (727) 897-9117 or simply submit our contact form and we will get back to you quickly.

What is an Earnings Cut Off Amount in a Social Security Disability Case?

An earnings cut off is just another way of saying substantial gainful activity. Why is that important? The definition of disability asks, in part, whether or not you have a mental or physical impairment that:Earnings Cut Off Amount in Your Social Security Disability Claim

1. Prevents substantial gainful work activity for 12 months.

2. Is expected to prevent substantial work activity for 12 months.

3. Is expected to result in your death.

Substantial gainful activity is a monthly earnings limit.

If you earn more than that, you are presumed to be able to engage in substantial gainful activity and ineligible for Social Security Disability benefits.

However, there sometimes arises a real issue about whether your work activity is really worth what you are being paid. In some cases, Social Security Disability applicants can be working for family members, friends or others whose payment for their full wage, despite the fact that they are having to modify their work or hours. Social Security will consider that when determining whether or not any work activity constitutes substantial gainful activity.

It is important that you consult an experienced Social Security Disability attorney to get there opinion as to whether or not the work that you may be doing prior to applying for Social Security Disability benefits or even after you apply for Social Security Disability benefits constitutes substantial gainful activity.

If you would like more information about your rights regarding Social Security Disability Benefits, you can order our FREE book,"Your Rights to Social Security Disability Benefits" by submitting the form in the sidebar. We will send it out immediately along with other important information.

For more information about Social Security Disability Benefits, visit our law firm web site at CaveyLaw.com. If you would like to speak with one of our Social Security Disability Benefits attorneys about your case, feel free to call us anytime at (727) 897-9117 or simply submit our contact form and we will get back to you quickly.

FAQ: What are the proposed IOM recommendations for HIV Social Security Disability claims?

The Institute of Medicine is recommending to the Social Security Administration that Social Security Disability applicants with HIV be awarded benefits if they meet one of the following criteria:

1. A CD4 cell count at or below 50 cells per cubic milliliters of blood serum, a laboratory benchmark that indicates an advanced stage of illness.

2. One of the few rare but fairly severe disabling HIV associated conditions, such as pulmonary Kaposi-Sarcoma, certain lymphomas, dimension, or progressive multi-focal leukoencephalopathy (PML).IOM Recommendations for HIV and Social Security

3. An HIV associated condition that appears in another section of the SSA’s full Listing of Impairments such as cardiovascular disease, chronic kidney disease and hepatitis.

4. An HIV associated condition that is not already included in other sections such as neuropathy, neurocognitive disorders and wasting syndromes.

If your claim for Social Security Disability benefits as a result of AIDS has been denied, contact HIV Social Security Disability attorneys Cavey and Barrett. 727-894-3188

If you would like more information about your rights regarding Social Security Disability Benefits, you can order our FREE book,"Your Rights to Social Security Disability Benefits" by submitting the form in the sidebar. We will send it out immediately along with other important information.

For more information about Social Security Disability Benefits, visit our law firm web site at CaveyLaw.com. If you would like to speak with one of our Social Security Disability Benefits attorneys about your case, feel free to call us anytime at (727) 897-9117 or simply submit our contact form and we will get back to you quickly.