HOW TO APPLY FOR A DISABILITY CLAIM

To start up the Social Security disability claim process, the claimant must file the initial application paperwork. The Social Security application may be completed online or in person at your local Social Security office. The online disability application can be found here.

When you file your initial application, have all of your personal information ready. Besides you Social Security number and other basic information, you will need to list such things as your employers for the last 15 years, descriptions of activities you are not able to do, a list of your medications, a list of your hospitals, and a list of your doctors.

In order to present a successful disability claim, the claimant must prove that they are experiencing medical problems that will prevent them from working for the next year or that they have a condition which prevented them from working for the last year. The proof the Administration uses to grant benefits, is the medical records. Regardless of the statements you make to the Administration, they require proof from your doctor to back up your claims regarding your condition. Therefore it is necessary to tell your doctor about your limitations, including any functional limitations you have that prevent you from working. If the doctor writes down your limitations in your medical records, you have a much greater chance of success than if you rely solely on your statements regarding your limitations.

Once your claim is denied, it is time to call an attorney. You have 60 days from the date of your denial to file an appeal, therefore you should find representation quickly, in order to move on to the next step in the claims process. I represent Social Security disability clients for SSI and SSDI claims in Louisiana, specifically in Baton Rouge, New Orleans, Metairie, Lafayette, Opelousas, Alexandria, Denham Springs, Hammond, Shreveport, Bossier City, Haughton, Vivian, Monroe, and Ruston. If you have any questions regarding the process or would like to discuss representation, please feel free to contact me at 225-281-7715 for our Baton Rouge office or 318-618-0303 for our Shreveport, or email my office today at jeff@nicholsonlawfirmllc.com.

At the Nicholson Law Firm we help disabled individuals navigate the Social Security Disability system. Whether you have a physical or mental disability, it can take years and a lot of fighting to get the benefits you deserve. We are here to help.

There are several steps to the process. First – file your claim. It can be done in person, over the phone, or on the computer. The computer is the quickest way to apply. Start your application at ssa.gov/apply. After you are denied, you have 60 days to appeal a denial. Contact my office as soon as you are denied for a free consulation. Once you appeal, it is a two step process to get the case in front of the Judge. We guide you through the appeals process and attend the hearing with you to plead your case.

You only pay a fee if we are successful. The fee comes out of any back benefits due to you. Call us today for a free consultation, we look forward to helping you. In the Baton Rouge/New Orleans area call 225-281-7715. In the Shreveport/Monroe area call 318-618-0303. We represent people from Texas to Louisiana and from Arkansas to Missiissippi navigate the disability system and we want to be your lawyers.

In order to qualify for SSD (disability insurance), you need to have worked in the last five years. SSI (supplemental security insurance) has no work requirements, but rather is needs based (Social Security looks at the amount of your assets).

The Social Security standard is that a claimant can be declared disabled if they are not physically able to perform gainful employment. The Social Security website contains a listing of the criteria for specific illnesses and impairments (https://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm). If you cannot work and meet one of the listings, then you are disabled. You can also qualify for disability if you do not have the ability to perform ordinary tasks at a level that makes you employable. If you cannot sit or stand for long periods of time, or cannot lift a certain amount, you can qualify for benefits. The court can use a vocational expert to evaluate your ability to work in certain jobs with your physical limitations, at the hearing in your case. Things like high pain levels and mental impairments can also be a part of the analysis, when functional capacity is being examined.

Bottom line, the court uses your testimony and your medical records to determine whether you are disabled.

When Is Medical Evidence Enough To Establish Your Disability?

Medical evidence may establish that you are disabled if:

1. You are an adult and the evidence shows that you have an impairment as described in Part A of the Listing of Impairments; or you are a child under age 18 applying for SSI and the evidence shows that you have an impairment(s) as described in Part B of the Listing (see §607.2); this is called “meeting” a listing; or
2. All the evidence in your case record shows you have an impairment or combination of impairments that is medically as severe as a listed impairment; this is called “medically equaling” a listing.

You must not be engaging in any substantial gainful activity.

607.2How Do We Use The Listing Of Impairments To Establish Disability?

The Listing of Impairments (the listings) is set out in the Social Security regulations. For each major body system, the listings describe examples of common impairments that SS considers severe enough to keep an adult from doing any gainful activity. SS considers the listings that apply to a child under age 18 applying for SSI disability payments to be severe enough to cause marked and severe functional limitations.

The listings are in two parts. There are listings for adults (part A) and for children (part B). If you are age 18 or over, SS uses part A when they assess your claim and never use the listings in part B. If you are under age 18, they first use the listings in part B. If the listings in part B do not apply, and your specific disease process(es) has a similar effect on adults and children, they then use the listings in part A.

607.3Is The Diagnosis Of An Impairment In The Listings Enough To Establish Your Disability?

No. A diagnosis alone does not meet the guidelines of any listing simply because it is the same diagnosis as a listed impairment. To be considered as “meeting” a listing, an adult’s or a child’s impairment must have the symptoms, clinical signs, and laboratory findings specified in the Listing.

When You Win

Payments are calculated based on the amount of money put into the system for SSD (disability insurance). The more years you worked, the more your disability payment. As a base, SSI is paid at the $750 level this year. That amount can go down, if you have resources that count against you, such as someone providing you a place to live, free of charge. Further, if you qualify for SSD at a lower level, sometimes the Administration will use SSI to supplement your monthly payment, if you qualify under the rules.

Contact the Nicholson Law Firm for a consultation on the steps to win your disabiity case. The Nicholson Law Firm is located in Shreveport and Baton Rouge and practices in Northern Louisiana and Southeast Louisiana, including Shreveport, Bossier City, Baton Rouge, Gonzales, Livingston, Amite, Hammond, Covington, Denham Springs, New Orleans, Port Allen, Plaquemine, New Roads, and many other cities.

Contact us today at (225) 281-7715 or (318) 618-0303

The contents of this website do not constitute legal advice. The information contained on this site is for general information only and should not be applied to any specific situation. Any use of the site does not create or constitute a client-lawyer relationship between Nicholson Law Firm and the user of the site. If you require legal advice, consult with an experienced attorney.

An article in the Meridian Star talks about the human cost in the Social Security Disability system. The reporter talked to a law professor about the human aspect of the legal claims:

There’s a human cost of so much time processing cases and waiting to be approved, says Doron Dorfmann, associate professor at Syracuse University College of Law. He studied the effect of the disability determination process on the claimants, how it affected their perception of themselves as disabled citizens. In a paper cited by Judge Reeves, Dorfmann noted that disability is a fluid concept rather than the rigid definition adopted by the Social Security Administration.

“There’s not a lot of people who look at the procedure from the point of view of the person going through it,” Dorfmann told the Mississippi Center for Investigative Reporting.

Dorfmann told the Mississippi Center for Investigative Reporting that he has studied what he calls the “fear of the disability con” which is the idea that “the way disability law generally is implemented in the U.S. is that everybody is faking disability. I show in my research that this fear is a driving force in disability law.”

Dorfmann’s studies showed that disability is often a pride issue, with people not wanting to portray themselves as disabled when that is precisely what the Social Security disability process is asking them to do. Such a display plays into how people feel about themselves and their vision of what disability means, Dorfmann noted.

“Do we as a country ask that not all people can ‘overcome’ their impairment?” Dorfmann said.

The article also follows the story of a claimant in Mississippi, Mr. Boatner, through his decade long appeal process, that led to the decision written by United State sDistrict Judge Carlton Reeves, which heavily criticizes the system that failed Mr. Boatner:

In his blistering opinion, he (Judge Reeves) detailed where each component of the disability process had failed Boatner before he then awarded the veteran truck driver his long-denied benefits. Reeves turned his focus on the state agency acting on the Social, Security Administration’s behalf — Disability Determination Services. DDS, which is under the Mississippi Department of Rehabilitation Services, processes cases of people filing for disability benefits from the Social Security Administration.

In his ruling, Reeves described the “waiting” Boatner had to do, saying, “Boatner has spent nearly a decade seeking disability payments from the Social Security Administration, filing his last application in 2014. Despite acknowledging the severity of Boatner’s medical conditions and his trips to death’s doorstep, the Administration has denied each of his four applications. These denials have been painful. One caused Boatner to walk out of his house, put a gun to his head, and threaten to kill himself.”

Boatner told the Mississippi Center for Investigative Reporting that throughout his two-decade career as a truck driver, he had always made sure his Social Security taxes were paid up, saying that as he understood it, you paid in and Social Security took care of you if you got old.

When his claims were denied over and over, Boatner said, “I felt plumb stupid.”

In his ruling, Reeves took aim at the disability examiners and the administrative law judge that handled Boatner’s case, noting the ALJ had resolved more than 600 cases in 2016. Reeves also said examiners are not prepared to handle as many cases as SSA asks them to handle.

Mississippi DDS’ 111 examiners processed approximately 64,000 cases last fiscal year, according to Patti Patterson, regional communications director for the Atlanta regional office of the Social Security Administration. Caseloads per examiner range from 65-125 cases, said Chris Howard, head of the Department of Rehabilitation Services.

If you or a family member has been denied Social Security benefits in Mississippi or Louisiana, my firm can help. With offices in Baton Rouge and Shreveport, we cover hearings in Mississippi, including at the hearing offices in Hattiesburg, McComb, Jackson, and Greenville; we cover the entire state of Louisiana, from New Orleans and Marrero, to Lafayette and Lake Charles, to Alexandria and Monroe; and we cover the hearing offices in East Texas, including Houston, Dallas and Tyler. Call me at 225-281-7715 for a free consultation. You deserve to get the benefits you paid for, let us help you fight for your benefits.

HOW TO APPLY FOR A DISABILITY CLAIM

To start up the Social Security disability claim process, the claimant must file the initial application paperwork. The Social Security application may be completed online or in person at your local Social Security office. The online disability application can be found here.

When you file your initial application, have all of your personal information ready. Besides you Social Security number and other basic information, you will need to list such things as your employers for the last 15 years, descriptions of activities you are not able to do, a list of your medications, a list of your hospitals, and a list of your doctors.

In order to present a successful disability claim, the claimant must prove that they are experiencing medical problems that will prevent them from working for the next year or that they have a condition which prevented them from working for the last year. The proof the Administration uses to grant benefits, is the medical records. Regardless of the statements you make to the Administration, they require proof from your doctor to back up your claims regarding your condition. Therefore it is necessary to tell your doctor about your limitations, including any functional limitations you have that prevent you from working. If the doctor writes down your limitations in your medical records, you have a much greater chance of success than if you rely solely on your statements regarding your limitations.

Once your claim is denied, it is time to call an attorney. You have 60 days from the date of your denial to file an appeal, therefore you should find representation quickly, in order to move on to the next step in the claims process. I represent Social Security disability clients for SSI and SSDI claims in Louisiana, specifically in Baton Rouge, New Orleans, Metairie, Lafayette, Opelousas, Alexandria, Denham Springs, Hammond, Shreveport, Bossier City, Haughton, Vivian, Monroe, and Ruston. If you have any questions regarding the process or would like to discuss representation, please feel free to contact me at 225-281-7715 for our Baton Rouge office or 318-618-0303 for our Shreveport, or email my office today at jeff@nicholsonlawfirmllc.com.

An article by the deputy commissioner, on Social Security’s website, lays out factors Social Security uses to determine entitlement to disability benefits. Social Security disability benefits are supposed to be there for you if the unexpected happens and you must stop working. Social Security provides vital financial support to tens of millions of American workers, through both retirement benefits and social Security disability benefits. Many Americans must stop working before they reach retirement age when a serious medical condition prevents them from being able to support themselves and their families. The article states:

In such cases, you may qualify for Social Security disability benefits, which replace a portion of lost income when a worker becomes seriously disabled. Here are three of the key factors we use to determine if you may qualify for Social Security disability benefits:

• You must have a lasting medical condition so severe that it prevents you from doing the work that you did in the past or adjusting to other types of work;
• Your physical or mental impairment(s) must have lasted or be expected to last at least a year or result in death; and
• You must have worked long enough — and recently enough — in jobs covered by Social Security.

To learn more, please visit Social Security’s disability home page.

You become eligible for Social Security benefits by working and paying FICA taxes, which translate into Social Security “credits.” How many credits you need to receive disability benefits depends on how old you are when you become disabled.

For example, if you become disabled at age 31 or older, you generally must have earned at least 20 credits in the 10 years immediately before you became disabled. Twenty credits are equal to five years of substantial earnings. Younger workers may qualify with fewer credits.

To see how many credits you have earned and to estimate future benefits, please log in to or create your my Social Security account.

Those who have not worked enough to qualify for Social Security benefits may be eligible for help through the Supplemental Security Income program, or “SSI.” SSI provides financial assistance to disabled children and adults, as well as the aged and blind people, who have little or no income or resources. Learn more on the SSI home page.

If you have become disabled or have been denied for Social Security benefits, we can help. With offices in Baton Rouge and Shreveport, we cover all Social Security districts in Louisiana, as well as those in Mississippi and East Texas. We meet our clients at hearing offices in Dallas, Houston, New Orleans, Houma, Baton Rouge, Alexandria, Lafayette, Lake Charles, Shreveport, Monroe, McComb, Jackson, Greenville, and Hattiesburg. Call us today at 225-281-7715 for a free consultation regarding your case. Feel free to email us to discuss your case at jeff@nicholsonlawfirmllc.com.

From an article in the FEDWEEK Publication:

” Under both CSRS and FERS, disability benefits are payable if you have become so disabled that you are prevented from performing useful and efficient service in your current position. Under law, to be eligible to apply for disability retirement, a FERS employee needs to have competed 18 months of creditable civilian service while a CSRS employee must have completed at least five years.

Note: Because CSRS was closed to new hires years ago and anyone leaving and later returning to the workforce as a CSRS Offset employee will already have five years under his belt, the latter provision is now moot.

To apply for a disability retirement, you must fill out a Standard Form 3112 and send it to the Office of Personnel Management. Your agency can help you do this. Concurrently, your agency will have to certify that it you can’t provide useful and efficient service in your present position, even with reasonable adjustments to your working conditions, and that it doesn’t have any less demanding vacant position in your commuting area that is at the same grade and pay. (Note: Collective bargaining agreements may impose certain additional conditions.)

Because they are covered by Social Security, CSRS Offset or FERS employees must also apply to the Social Security Administration for disability retirement. SSA has different and much higher standard for determining if you are disabled. To be judged disabled by SSA, you must be so severely disabled that you cannot perform any substantially gainful employment.

If you are a CSRS employee who is judged to be disabled, you will receive either 40 percent of your high-3 years of average salary or an amount that results from increasing your actual service from the date the disability retirement is approved to age 60. In effect, the 40 percent calculation is the guaranteed minimum you will get.

If you are a FERS employee under age 62, you will receive 60 percent of your high-3 minus any Social Security disability benefit to which you are entitled for the first 12 months. After that, the first figure is reduced to 40 percent minus 60 percent of the Social Security benefit.

Whether you are CSRS or FERS employee, if your earned benefit based on years of service is greater than these figures, you will get the higher amount. If you are a FERS employee, at age 62 your whole benefit will be recalculated as you had worked from the onset of the disability to age 62.”

A story in THE STAR newspaper outlines the rules regarding the Social Security Administration and Representative Payees in the Social Security system. Under certain circumstances the ALJ or the Social Security Administration may determine you need a payee to receive your monthly benefit check and help to manage your money. You choose the person who helps you to manage your money. Usually, a trusted family member or friend is appointed by the Administration. In most cases where a rep payee is appointed, my client wins their case because of severe mental disability.

You can appoint such a person ahead of the decision in your case by going to ssa.gov/myaccount or calling the Administration directly. The Administration’s page on the subject goes into more detail: Social Security – Representative Payee Program (ssa.gov)

If you have filed for benefits or plan to file for benefits, call my office. We can guide you through the system and go to court with you to make sure you get the benefits you deserve. We help people in Louisiana, Texas and Mississippi, from our offices in Shreveport and Baton Rouge. Call us at 225-281-7715 to talk about your claim.

An AARP article talks about the situation where a parent is on SSI and moves in with their child. Whether you are living with your child, another family member or a friend, if you are receiving housing and not [paying rent to this person, Social Security will reduce your SSI benefit. The reason for the reduction is that if someone else is partially or fully covering these expenses for you, the Social Security Administration may consider that in-kind income — and income to you can reduce the benefits you receive.

Further Social Security can reduce and possibly eliminate the monthly payment based on how much you earn from work or receive in cash or direct support from other sources, such as government programs, relatives or friends. Social Security does not factor all income in calculating this benefit deduction. For example, the first $20 of most income you receive each month from any source is exempt. So is the first $65 of work earnings each month and half of any earnings over $65.

Social Security also caps the amount your SSI payment can be cut if someone provides you with food and shelter, using one of two methods: the one-third reduction provision or the presumed maximum value (PMV) rule. 

For the purposes of this calculation, shelter costs can include:

• Mortgage, including property insurance required by the mortgage holder
• Real property taxes, less any tax rebate or credit
• Rent
• Trash pickup
• Utilities (that is, heating, gas, electricity, water and sewer)

Neither the one-third provision nor the PMV rule applies if the person paying your food and shelter expenses is a spouse you live with. The same goes for a child beneficiary living with one or both parents. In these situations, the spouse’s or parent’s income could affect benefits via the SSA’s “deeming” rules, but living expenses are not a factor.  Further, none of this applies if you are on SSDI rather than SSI.

The AARP article includes illustrations of how these rules work:

Say you are an SSI beneficiary receiving the maximum monthly individual benefit of $841. On April 1, 2022, you move in with your daughter, her spouse and their two children, and you do not pay toward household expenses or bills. The one-third reduction provision applies, and Social Security cuts your benefit by $280.

In May you contribute some money toward food and shelter, but it’s less than your pro rata share — one-fifth of those costs in a five-person household. The SSA again cuts your benefit by $280.

In June you pay no shelter costs but buy all your own food. The one-third provision does not apply, so Social Security uses PMV to figure the benefit reduction. Your SSI benefit will be reduced by $300 ($280 if you have no other income), unless you can show that the value of the shelter you received was less than that.

In July you’re able to pay your full one-fifth share of food and shelter expenses. There is no benefit reduction for in-kind support.

In mid-August you move out of your daughter’s house and get your own place. The one-third provision does not apply because you were not there the entire month. But you are subject to the PMV rule for August’s food and shelter costs. The benefit reduction will be calculated as if you had lived there the whole month.

These are basic examples for illustration; real-world determinations of in-kind support can involve a great many variables about where you live, whom you live with and what they pay for. Contact Social Security to talk with an SSI specialist about how your specific situation may affect your benefit.

If you have filed for benefits or plan to file for benefits, call my office. We can guide you through the system and go to court with you to make sure you get the benefits you deserve. We help people in Louisiana, Texas and Mississippi, from our offices in Shreveport and Baton Rouge. Call us at 225-281-7715 to talk about your claim.