Wednesday, January 7, 2009

Wisconsin Social Security and Disability Claims - Thing You Need To Know

  • Who is eligible for Social Security Disability? Generally, a worker insured under the Social Security Act is disabled if they are unable to engage in "substantial gainful activity" due to an impairment or combination of impairments either physical or mental.  Your medical condition that causes the impairment must have lasted at least 12 months, or be expected to last 12 months.
  • How Severe Must My Impairment(s) Be?  Your impairment(s) must be severe enough to significantly affect your ability to work.  Social Security will first check to see if any of your impairments are on a list of impairments that they maintain.  If it is, you may be found disabled at this point.  If not, you may still be disabled if you can show that the severity of your impairment prevents you from performing any past work you have done, and from performing any other work that exists in substantial numbers in the economy. 
  • Can I Apply for Social Security Disability While Still Employed? A person who works and earns an amount not considered to constitute "substantial gainful activity" could still be disabled.  If you earn less than $940.00 in gross income per month in 2008 (or $1570.00 for a blind individual) you may still be eligible for to claim disability under Social Security regulations.  These threshold amounts normally change each year so please check the current guidelines or call an attorney. 
  • Can I Appeal My Denial of Social Security Disability Benefits?  Yes.  Many qualified claimants are not approved for benefits until the second or third appeal to Social Security.  The Social Security Administration is overwhelmed with applications and you may not get a thorough review of your case until you are able to request a hearing before an Administrative Law Judge.  If you believe you are legitimately disabled, you should keep appealing until you can have a hearing before a judge.  Generally, you have 60 days to file an appeal to a decision or denial by the Social Security Administration.
  • What Happens at My Social Security Hearing?  Many things will happen at your hearing before the administrative law judge.  You should file all evidence, including medical records, with the Social Security Administration prior to your hearing.  You will be required to testify at your hearing, and you should provide honest and accurate answers and information to the judge.  Medical and Vocational experts may also be present and may testify about issue critical to your case.  An experience attorney can properly question these witnesses, present all necessary evidence, and address the other issues critical to your claim.

For more information about making a Social Security Disability Claim in the State of Wisconsin, please visit our website.  www.johnjokela.com