Although you can represent yourself, statistics have shown that people represented by attorneys have been successful more often than those without representation. The key to winning an SSD/SSi claim is the proper preparation of your application and the presentation of your medical evidence of disability. Our goal is always to know more about your diagnosis and disability than Social Security and Administrative Law Judges. That way we control the claims process so that Social Security cannot arbitrarily deny your claim.

During Congressional testimony, California congressman Robert T. Matsui stated: “Professional representation is a valuable, and indeed vital, service. The disability determination process is complex. Claimants without professional representation appear to be far less likely to receive the benefits to which they are entitle. For example, in 200, 64% of claimants’ represented by an attorney, but only 40% of those without one, were awarded benefits at the hearing level”.¹ At the same hearing, Congressman E. Claw Saw, Jr. of Florida provided the following testimony: “As Many of you know, filing for Social Security benefits, especially disability benefits, is so complicated that many claimants must hire attorneys to guide them through the process.”.²

1 November 16, 2001 Congressional Record, Testimony of Honorable Robert T. Matsui of California, regarding the Attorney Fee Payment System Improvment Act 2001.
2. Novemeber 16, 2001 Congressional Record, Testimony of Honorable Clay Saw Jr. Of Florida, regarding the Attorney Fee Payment System Improvement Act 2001.

Social Security pays benefits to people who cannot work because they have a medical condition that is expected to last at least one year or result in death. Federal law requires this very strict definition of disability. While some programs give money to people with partial disability or short-term disability, Social Security does not.

Certain family members of disabled workers also can receive money from Social Security. This is explained in “Can my family get benefits?”

How do I meet the earnings requirement for disability benefits?

In general, to get disability benefits, you must meet two different earnings tests:

1. A “recent work” test based on your age at the time you became disabled; and
2. A “duration of work” test to show that you worked long enough under Social Security.

Certain blind workers have to meet only the “duration of work” test.

The table below, shows the rules for how much work you need for the “recent work” test based on your age when your disability began. The rules in this table are based on the calendar quarter in which you turned or will turn a certain age.

The calendar quarters are:

First Quarter: January 1 through March 31
Second Quarter: April 1 through June 30
Third Quarter: July 1 through September 30
Fourth Quarter: October 1 through December 31

The following table shows examples of how much work you need to meet the “duration of work test” if you become disabled at various selected ages. For the “duration of work” test, your work does not have to fall within a certain period of time.

NOTE: This table does not cover all situations.

taken from ssa.gov

1. Are you working?
   If you are working in 2010 and your earnings average more than $1,000 a month, we generally will not consider you disabled. The amount changes each year.

   If you are not working, or your monthly earnings average the current amount or less, the state agency then looks at your medical condition.

2. Is your medical condition “severe?”
   For the state agency to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year. If your medical condition is not that severe, the state agency will not consider you disabled. If your condition is that severe, the state agency goes on to step three.
3. Is your medical condition on the List of Impairments?
   The state agency has a List of Impairments that describes medical conditions that are considered so severe they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, the state agency looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled. If it does not, the state agency goes on to step four.
4. Can you do the work you did before?
   At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If it does not, the state agency will decide that you are not disabled. If it does, the state agency goes on to step five.

   Additional information about Step 4.

5. Can you do any other type of work?
   If you cannot do the work you did in the past, the state agency looks to see if you would be able to do other work. It evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled. If you can do other work, the state agency will decide that you are not disabled.

Your Medicare card will arrive in the mail in about 30 days.

taken from ssa.gov