disability for lupus seminar sharon christie

Law Office of Sharon A. Christie201 W. Padonia Road, Suite 101

Timonium, MD 21093410-823-3200

I HAVE LUPUS –

CAN I GET SOCIAL SECURITY

DISABILITY BENEFITS?

© 2009-2015 Sharon A. Christie

SHARON A. CHRISTIE, ESQUIRE


Timonium, MD 21093410-823-3200 The Answer Is:

IT DEPENDS


Timonium, MD 21093410-823-3200

The process is long and complicated

THE PROCESS

You could be denied twice and then go to a hearing with an Administrative Law Judge before you are approved for benefits

DON’T GIVE UP!


Timonium, MD 21093410-823-3200

The definition of disability for Social Security disability purposes

WHAT YOU WILL LEARN

The process from filing the application to the hearing with an ALJ

What type of evidence is needed to support a disability claim


Timonium, MD 21093410-823-3200

SOCIAL SECURITY:DIB/ SSDI

TWO DISABILITY PROGRAMS

Eligibility based on your work history

Need certain amount of “quarters” to qualify

Monthly disability payment depends on your earnings record

SSISupplemental Security Income

Eligibility based on your assets

Must have very limited assets

Monthly disability payment is capped at $721/month


Timonium, MD 21093410-823-3200

Defined as:

DISABILITY

“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 not less than 12 months.”

42 USCA§423(d)

DEFINITION


Timonium, MD 21093410-823-3200

Not limited to past work

“any substantial gainful activity”

$1090/month limit

DEFINITION


Timonium, MD 21093410-823-3200

Medical evidence is the key to obtaining disability benefits

“medically determinable physical or mental impairment”

DEFINITION

The evidence must show that your physical or mental limitations prevent you from working


Timonium, MD 21093410-823-3200

There must be evidence that the condition has existed at a disabling level for at least 12 months or is likely to continue for that long.

“which has lasted or can be expected to last for a continuous period of not less

than 12 months”DEFINITION


Timonium, MD 21093410-823-3200

1. FILE APPLICATION

THE PROCESS

Phone

Internet

3-6 Months for Decision

Based on Review of Medical Records

Most Claims Are Denied

THE PROCESS

DEFINITION

In person


Timonium, MD 21093410-823-3200

2. REQUEST FOR RECONSIDERATION

3-6 Months for Decision

Based on Review of Medical Records

Probably Denied Again

THE PROCESS

THE PROCESS

DEFINITION

THE PROCESS


Timonium, MD 21093410-823-3200

3. REQUEST FOR HEARING

18 – 20 months to get a hearing

Appear and testify before ALJ

Based on review of medical records plus testimony

THE PROCESS

DEFINITION

THE PROCESS


Timonium, MD 21093410-823-3200

WHAT IS THE DIAGNOSIS?

EVIDENCE

WHAT SYMPTOMS DOES THE CLAIMANT HAVE?

WHAT LIMITATIONS RESULT FROM THOSE SYMPTOMS?

THE PROCESS

DEFINITION

EVIDENCE


Timonium, MD 21093410-823-3200

EVIDENCE: MEDICAL RECORDS

DISABILITY REPORTS AND QUESTIONNAIRES

CONSULTATIVE EXAMS

TESTIMONY

EVIDENCE

THE PROCESS

DEFINITION

EVIDENCE


Timonium, MD 21093410-823-3200

1. MEET A LISTING THE PROCESS

DEFINITION

HOW DO I PROVE MY CASE?


Timonium, MD 21093410-823-3200


Timonium, MD 21093410-823-3200 Listing for Lupus


Timonium, MD 21093410-823-3200

1. MEET A LISTING THE PROCESS

DEFINITION

HOW DO I PROVE MY CASE?

2. RESIDUAL FUNCTIONAL CAPACITY (RFC)


Timonium, MD 21093410-823-3200

BACK PAYMENT

FUTURE PAYMENTS

MEDICAL INSURANCE

AWARD

THE PROCESS

DEFINITION

AWARD

EVIDENCE


Timonium, MD 21093410-823-3200 ATTORNEY’S FEES

• Contingent fee– 25% of back award– Cannot exceed $6000– Calculated and paid directly by SSA

• Reimbursement of expenses


Timonium, MD 21093410-823-3200

Law Office of Sharon A. Christie201 W. Padonia Road, Suite 101Timonium, MD 21093410-823-8200

[email protected]

SHARON A. CHRISTIE, ESQUIRE


Timonium, MD 21093410-823-3200

disability for lupus seminar sharon christie

Health & Medicine