Midwest Disability, P.A. Midwest Disability, P.A. Midwest Disability, P.A.

February 2018 Archives

What is a transferrable skill?

If a claimant is 50 there is a good chance the during your hearing the judge and vocational expert will talk about transferrable skills. Skills are knowledge about a job that is gained by performing the job. A skill requires the exercise of judgment that goes beyond carrying out simple job duties. Examples of skills can be assembling equipment or complex objects. A skill can be keeping a money drawer balanced using a computer. Social Security has said that basic driving ability, filing papers, greeting customers and basic food preparation are not skills.

Earned Income Tax Credit

The Earned Income Tax Credit is a refundable tax credit for low to moderate income working people. This Tax Credit incentivizes work while providing additional support to low income workers, particularly workers with children. People working part-time often receive the Earned Income Tax Credit. And some of those workers have applied for social security disability benefits. They are working part-time because of their disability and are unable to work full-time.

Injuries from military service: Mental and physical conditions

There are many kinds of war-related injuries, both physical and mental. It's important for veterans returning from the field to have access to all the help they need to get through the new difficulties in their lives. They've served and protected, and now it's the United States' job to protect them.

Who Attends Disability Hearings?

Disability hearings are closed, private proceedings. Everyone who is in the hearing has a reason to be there. First off there is the claimant. That is the person who has applied for disability benefits. This is the person who does a lot of talking in the hearing. If you are the claimant, this hearing is your opportunity to tell your story and explain in your own words why it would be hard for you to work a full-time job. There will be an administrative judge in the hearing. This is the decision maker. The administrative law judges in federal disability hearings work for the Social Security Administration. They ask questions of the claimant, the experts and attorneys. They review the file, make the decision and sign the written decision. There might be a medical expert in your hearing. This person will give the judge her opinion on what medical impairments the claimant suffers from. There are both mental health and physical health medical experts. They are doctors. The doctor receives the medical records prior to the hearing, reads them beforehand and during the hearing gives the judge her opinion on what difficulties the claimant would have at work. Next the judge might call on the vocational expert or job expert. This person has experience placing people in jobs and sometimes being a job coach. He has received the work history report the claimant filled out prior to the hearing. He will classify each job according to the dictionary of occupational titles for the judge. He will then answer hypothetical questions from the judge and attorney. He will testify to how work-related limitation will affect a person's ability to get a job and keep a job. Lastly there is the attorney. The attorney will make sure the claimant's file is prepared and ready for the hearing. The attorney will review the entire file. The attorney will make a case to the judge about how the medical impairments the claimant suffers from would prevent him from being able to work full-time. This can be done through a brief, through an opening statement and/or through questions to the claimant and experts.

If I am a Legal Permanent Resident, Can I Get Disability Benefits?

The answer depends on what kind of benefit you are applying for. There are two disability benefits. Disability Insured Benefits (DIB, sometimes called Social Security Disability SSD or SSDI) and Supplemental Security Income (SSI). The main different is that DIB benefits are available to workers who have paid FICA taxes and have accumulated a certain number of work credits. SSI benefits are available to low income people who have not worked or don't have enough work credits. SSI benefits take household income into account when determining payment amount and monthly payments do not exceed $735.00 in 2018. DIB payment can be significantly more than SSI.

MIDWEST DISABILITY office locations

Midwest Disability, P.A.
408 Northdale Boulevard Northwest
Coon Rapids, MN 55448
Toll Free: 888-351-0427
Coon Rapids Law Office Map

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