A mental impairment, whether standing alone or accompanying a physical impairment, is a critical factor in how Social Security decides whether you are disabled (unable to be gainfully employed). Social Security’s Program Operations Manual System (POMS) states that if you lack any of the five mental abilities listed below (which are needed for all jobs) you will be classified as […]
SOCIAL SECURITY DISABILITY BENEFITS AND UNEMPLOYMENT BENEFITS: TO TAKE OR NOT TO TAKE?
In Florida, if you qualify for both unemployment and Social Security, you will receive your full check under each program; Florida will not reduce your unemployment benefit if you’re getting Social Security. However, filing for Social Security disability benefits while receiving unemployment benefits is problematic, because you are sending each program contradictory messages . TO […]
5 THINGS TO LOOK FOR BEFORE HIRING A DISABILITY LAWYER
HIRING A SOCIAL SECURITY DISABILITY LAWYER – LET THE BUYER BEWARE Scarcely a month goes by without my hearing the following sad mantra from a social security disability applicant regarding their appeal to the Appeals Council or the Federal Court after denial of a claim: “I saw/heard a very professional looking/sounding ad on TV/Radio/Internet, called […]
SAME SEX MARRIAGE AND SOCIAL SECURITY BENEFITS
In 2013, the U.S. Supreme Court struck down federal discrimination against same-sex spouses, then in 2015, it struck down state marriage bans on same sex marriage. Before the Supreme Court rulings, the Social Security Administration (SSA) denied spousal and survivors benefits to same-sex spouses. IF YOU ARE IN A SAME-SEX MARRIAGE, OR IF YOUR SPOUSE […]
RE-OPENING A SOCIAL SECURITY DISABILITY CASE THAT WAS CLOSED
Consider the case of an application for Social Security benefits filed by a parent or guardian on behalf of a minor or mentally incompetent person. The initial application is turned down several times on separate occasions. The claimant, who was not represented by an experience Social Security Disability attorney, did not file for reconsideration on […]