Re: Disability???

[Guest guest]

The following is from the Social Security Website

http://www.ssa.gov/disability/

The Social Security definition of disability is a strict one. To be eligible

for disability benefits, a person must be unable to do any kind of

substantial gainful work because of a physical or mental impairment (or a

combination of impairments);

*which has lasted or is expected to last for a continuous period of at

least 12 months, or

*that is expected to result in death.

You should be familiar with the process we use to determine if you are

disabled. It's a step-by-step process involving five steps. They are:

1) Are you working? If you are and the work you are doing is substantial

gainful activity, we will find that you are not disabled regardless of your

medical condition or your age, education, and work experience. In 2003 we

will generally find that you are doing substantial gainful activity if your

earnings average more than $800 a month. If you are not, we will go to the

next step.

2) Is your condition severe? Your impairment or combination of impairments

must interfere with basic work-related activities for your condition to be

considered severe. If you do not have an impairment or combination of

impairments that is severe, we will find that you are not disabled. If you

do have a severe condition, we will go to the next step.

3) Does your impairment meet the severity of an impairment in the Listing of

Impairments? The Listing of Impairments contains examples of impairments for

each of the major body systems that we consider so severe as to prevent you

from working. If your impairment's severity meets the severity of an

impairment on the list and you meet the duration requirement, we will find

you disabled. If your condition is not on the list, we have to decide if

your impairment or combination of impairments is of equal severity to an

impairment on the list. If it is and you meet the duration requirement, we

will find you disabled. If it is not, we go to the next step.

4) Can you do work you did in the past? If your condition is severe, but not

at the same or equal level of severity as an impairment on the list, then we

must determine if it prevents you from doing work you did in the last 15

years. If it does not, we will find that you are not disabled and your claim

will be denied. If it does, your claim will be considered further.

5) Can you do any other work? If you cannot do work you did in the last 15

years, we then look to see if you can adjust to any other work. We consider

your age, education, and past work experience, and we review the job demands

of occupations as determined by the Department of Labor in making this

determination.

If you cannot adjust to any other kind of work, and your impairment meets

the duration requirement, we will find you are disabled and your claim will

be approved. If you can do other work, even if that work involves different

skills or pays less than your past work, we will find that you are not

disabled and your claim will be denied.

You may obtain a copy of Disability Evaluation Under Social Security ( " The

Blue Book " ) (1/03; SSA Publication No. 64-039) which contains the medical

criteria that SSA uses to determine disability. It is intended primarily for

physicians and other health professionals.

If you believe that you meet the qualifications for Social Security

disability benefits, see our instructions for applying for disability

benefits at http://www.socialsecurity.gov/applyforbenefits/

[Guest guest]

Barbara has given a simple version of SS disability definitions. Many other

factors come into play, as well. A person's age is taken into consideration,

i.e., a " younger " individual, an individual who is approaching old age, etc.

Consideration is also given to the type of work a person has been doing

before becoming disabled, skilled, unskilled, etc., their level of

education, whether they are able to perform sedentary work, whether they are

able to drive or take public transportaion, and whether jobs exist in the

state at the level of work they are able to perform.

Probably the most critical thing to do before applying for SS disability is

to review your medical records and make sure that the records reflect the

degree to which the disability affects every area of your life and your

work. Ehlers Danlos syndrom is not disability that is on Social Security's

federal " list of impairments " .

http://www.socialsecurity.gov/disability/professionals/bluebook/AdultListing

s.htm (adults),

http://www.socialsecurity.gov/disability/professionals/bluebook/ChildhoodLis

tings.htm, (children. In short, in order to quality, you must be able to

satisfy the criteria specified under one of the other areas. Musculoskelatal

is most likely,

http://www.socialsecurity.gov/disability/professionals/bluebook/1.00-Musculo

skeletal-Adult.htmbut some folks may be able to satisfy the criteria under

cardiovascular

http://www.socialsecurity.gov/disability/professionals/bluebook/4.00-Cardiov

ascular-Adult.htm (see 4.10, aneurisms) or respiratory.

http://www.socialsecurity.gov/disability/professionals/bluebook/3.00-Respira

tory-Adult.htm

Look at the criteria carefully, then make sure that your physicians have

documented each of your impairments to meet the criteria. If not, ask that

he/she does so.

Also, it may be helpful to apply for Vocational Rehabilitation benefits. If

Voc Rehab cannot place you, that will strengthen your disability case.

Pat Howey, Paralegal and Advocate from Indiana

http://www.pathowey.com

When you are wrestling with a gorilla, you don't stop when you are tired;

you stop when the gorilla is tired. -- Strauss

Re: Disability???

The following is from the Social Security Website

http://www.ssa.gov/disability/

The Social Security definition of disability is a strict one. To be eligible

for disability benefits, a person must be unable to do any kind of

substantial gainful work because of a physical or mental impairment (or a

combination of impairments);

*which has lasted or is expected to last for a continuous period of at

least 12 months, or

*that is expected to result in death.

You should be familiar with the process we use to determine if you are

disabled. It's a step-by-step process involving five steps. They are:

1) Are you working? If you are and the work you are doing is substantial

gainful activity, we will find that you are not disabled regardless of your

medical condition or your age, education, and work experience. In 2003 we

will generally find that you are doing substantial gainful activity if your

earnings average more than $800 a month. If you are not, we will go to the

next step.

2) Is your condition severe? Your impairment or combination of impairments

must interfere with basic work-related activities for your condition to be

considered severe. If you do not have an impairment or combination of

impairments that is severe, we will find that you are not disabled. If you

do have a severe condition, we will go to the next step.

3) Does your impairment meet the severity of an impairment in the Listing of

Impairments? The Listing of Impairments contains examples of impairments for

each of the major body systems that we consider so severe as to prevent you

from working. If your impairment's severity meets the severity of an

impairment on the list and you meet the duration requirement, we will find

you disabled. If your condition is not on the list, we have to decide if

your impairment or combination of impairments is of equal severity to an

impairment on the list. If it is and you meet the duration requirement, we

will find you disabled. If it is not, we go to the next step.

4) Can you do work you did in the past? If your condition is severe, but not

at the same or equal level of severity as an impairment on the list, then we

must determine if it prevents you from doing work you did in the last 15

years. If it does not, we will find that you are not disabled and your claim

will be denied. If it does, your claim will be considered further.

5) Can you do any other work? If you cannot do work you did in the last 15

years, we then look to see if you can adjust to any other work. We consider

your age, education, and past work experience, and we review the job demands

of occupations as determined by the Department of Labor in making this

determination.

If you cannot adjust to any other kind of work, and your impairment meets

the duration requirement, we will find you are disabled and your claim will

be approved. If you can do other work, even if that work involves different

skills or pays less than your past work, we will find that you are not

disabled and your claim will be denied.

You may obtain a copy of Disability Evaluation Under Social Security ( " The

Blue Book " ) (1/03; SSA Publication No. 64-039) which contains the medical

criteria that SSA uses to determine disability. It is intended primarily for

physicians and other health professionals.

If you believe that you meet the qualifications for Social Security

disability benefits, see our instructions for applying for disability

benefits at http://www.socialsecurity.gov/applyforbenefits/

To learn more about EDS, visit our website: http://www.ceda.ca