If you are injured or diagnosed with a medical condition that prevents you from working, you do not need the stress of filing a Social Security application. The Social Security Administration admits that nearly 70% of initial determinations are denied. There can be up to five levels of appeals during the Social Security application. A confidential consultation with our Delaware County Social Security attorney in Boothwyn, who will go that extra mile on your behalf relieves the anxiety of the Social Security application.
Michael T. Malarick is an experienced Delaware County Social Security Disability attorney located in Boothwyn, Pennsylvania. The law office of Michael T. Malarick handles social security and social security disability cases in and around Delaware County, Marcus Hook, Upper Chichester, Boothwyn, Philadelphia, West Chester, Upper Darby, Springfield, Garnet Valley, Havertown, Swarthmore, and more. Call for a free initial Social Security Disability consultation today.
The Federal Social Security program is an annual appropriation for each State “to furnish financial assistance to aged needy individuals.” (42 USC 301). Presently, the purpose of Social Security is to provide for the needs of individuals and families; to assist aged, disabled people with the expenses of illnesses; to keep families together; and to aid children.
Numerous programs exist to accomplish these purposes. They include: retirement, survivor’s, disability, and medical insurance; prescription drug and medicare drug costs; SSI (Supplemental Security Income); veteran’s and unemployment benefits; and public assistance and welfare such as: child support and food stamps. SSI provides cash assistance to those who have limited income; are 65 or older; are blind; or are disabled.
Those eligible for Social Security benefits include: a disabled worker; a retired worker; the spouse or divorced spouse of a retired or disabled worker; the dependent of a retired or disabled worker; the surviving spouse; and the dependent parents of a deceased worker.
The Social Security Administration acknowledges that every claimant has a right to be represented by an attorney or a non-attorney representative. The Social Security Administration has promulgated rules of conduct governing attorney and non-attorney representatives.These rules require the representatives to be forthright in their dealings with their clients and the Social Security Administration and to comport themselves according to the non-adversarial nature of the proceedings.
Social Security Disability Lawyer, Delaware County
Applying for SSDI (Social Security Disability Insurance) can be complex. The Act defines disability as the inability to engage in any substantial gainful activity by reason of any medically determined physical or mental impairment which can be expected to last twelve months. As a Delaware County Social Security attorney located in Boothwyn, PA, our lawyer can guide you through the complex maze of the Social Security application.
A medically determined impairment must be shown by medical evidence consisting of signs, symptoms, and lab results and not simply by the individual statement of symptoms. The applicant’s treating physician is a good source for the medical evidence of the nature and severity of the applicant’s impairment. If the applicant’s medical evidence is insufficient, the Social Security Administration can schedule a Consultative Examination by an appropriate physician or other medical provider.
The Administration follows a 5 step ‘sequential evaluation process’ when determining disability claims. These steps are: 1) the applicant’s current work activity; 2)the severity of impairment; 3) a determination that the medical condition meets a specific list of impairments; 4) the applicant’s residual functional capacity; and 5) the applicant’s ability to do other work based on age, education, and work experience.
If the disabled individual disagrees with the Social Security Administration’s initial determination in the case, he may seek a reconsideration by an adjudicative team not involved in the original decision. The reconsideration may be appealed for a hearing with an administrative law judge. This hearing, in turn, can be appealed for review by the Appeals Council. Generally, the worker has 60 days to appeal in writing each step of the determination.
Numerous medical conditions justify applications for Social Security. A cancer diagnosis, such as leukemia, carcinoma, lymphoma, melanoma, or sarcoma, is not enough to qualify. Your condition and symptoms must be so severe that they prevent you from performing any gainful work activity and those conditions must be expected to last one year. Proof of your condition must be by objective evidence and not simply your subjective complaints.
Multiple sclerosis is another illness which may qualify one for Social Security. MS is a debilitating condition that affects your central nervous system. Sclerosis is the second most costly chronic condition after congestive heart failure. The possible evidence needed to establish MS as a compensable condition include: abnormal diagnostic tests such as an MRI,spinal tap, an Evoked Potential, or visual test. Other necessary documents are: neuropsychological IQ test, hospital records, a doctor’s report of your symptoms, and a list of your treatments with your bodily responses thereto.
Diabetes may also qualify one for Social Security. The diabetic condition must be so harsh that the individual is unable to work due to ailments such as; chronic hyperglycemia (constant high glucose levels), episodes of hypoglycemia (low glucose levels), diabetic retinopathy (severe peripheral vision loss), diabetic ketoacidosis (severe insulin deficiency) at least once every two months, or neuropathy which causes long-term disruption of your physical movements.
Mental illnesses can also be submitted for a determination by Social Security. For example, Bipolar Disorder, which results in episodes of mania and depression, is listed as a disabling impairment. This determination requires that the worker is currently suffering with mood cycles there is a documented history of manic and depressive episodes, and the condition prevents the worker from performing substantial gainful work activity.
In an attempt to speed up the processing of certain initial claims, the Social Security Administration began a Compassionate Allowance program. If your medical documents show that you have one of the 88 conditions listed in the program, Social Security attempts to process your first application in three weeks. Those conditions listed in the program include: cancer, mixed dementia, and pleural mesothelioma.
Delaware County Social Security Lawyer Review
“Attorney Michael Malarick was extremely helpful during our Social Security disability matter. He was patient and described everything in a way that was easy for me to understand. I am glad Michael helped me through the Social Security form process. 5/5.” – James D.