Common Inquiries About Social Security

Do you have questions about the process of applying for Social Security disability benefits? Gregg Nelson and GBN Law can help. With over 35 years of experience in this area, Gregg can answer your questions and advocate effectively for you. Contact us for a free consultation.

As a Minnesota Social Security Disability lawyer, Gregg Nelson will:

• Review your case, including your medical records and your electronic Social Security file.
• Meet with you to develop a strategy to win your case.
• Evaluate the facts of your case (in light of the Social Security Administration’s complicated disability rules) and determine what needs to be proven in order to present a successful case.
• Gather the medical records and other relevant information and obtain reports from your doctors, if appropriate.

If your case is scheduled for a hearing before an administrative law judge, Gregg will:

• Prepare you to testify at the hearing.
• Determine if there are witnesses who might present supportive testimony at the hearing.
• Attend the hearing with you, help you present your testimony at the hearing, and cross-examine the witnesses called by the government.

Gregg can help you determine if you fit the Social Security Administration’s strict definition of disability. According to the Social Security Administration, to be disabled, you must not be able to complete gainful activities due to a mental or physical disability. This condition must be expected to last at least 12 months or result in death.

Substantial gainful activity (SGA) describes a level of work activity/earnings and is the first consideration used by the Social Security Administration to determine eligibility for disability benefits. “Substantial” work involves significant physical or mental activities or a combination of both. “Gainful” work activity is that which is performed for pay or profit, whether or not profit is actually realized. To be eligible for disability benefits, an individual must be unable to engage in SGA.

The amount an individual can earn from work while remaining “disabled” changes from year to year. A person earning more than this amount is ordinarily considered to be engaging in SGA. GBN Law provides clients with additional information on this subject. Call 651-483-1520 today for a consultation.

Unfortunately, the Social Security Administration is backlogged with disability claims, and the process can take a considerable amount of time. Gregg Nelson and his staff are sympathetic to the financial and other challenges faced by their clients and, when appropriate, will take the necessary steps to expedite the process. The Social Security Administration may expedite your claim if:

• Your illness is terminal; or
• You have a 100 percent permanent and total disability compensation rating from the Department of Veterans Affairs; or
• Your condition is on the Social Security Administration’s list of Compassionate Allowances (CAL); or
• You demonstrate dire need, such as an inability to obtain food, medications, medical care, shelter, etc.; or
• You are suicidal, homicidal, or potentially violent.

GBN Law provides clients with more information on expedited claim status. Call 651-483-1520 today for a consultation.

The review process in Social Security Disability cases can be very long due to the high volume of claims and the backlog of cases at the Social Security Administration. Social Security has an obligation to provide benefits quickly to applicants with certain serious medical conditions. The Compassionate Allowances (CAL) initiative is a process for expediting claims for claimants whose conditions are so severe that they invariably meet the Social Security Administration’s strict definition of disability. There are approximately 200 conditions on the CAL list.

The Listing of Impairments is a long list of medical conditions considered by the Social Security Administration to be severe enough to prevent an individual from working. Many of the impairments on the list are permanent or are expected to result in death or include a specific statement of duration. For all others, the evidence must show that the impairment has lasted or is expected to last for a continuous period of at least 12 months. The criteria in the Listing of Impairments are applicable to the evaluation of both Social Security Disability Income and Supplemental Security Income claims.

You may be disabled even if your impairment is not on the Listing of Impairments. The Social Security Administration will move to the next step in its multi-step evaluation process. Gregg Nelson has decades of experience in this area and will tirelessly advocate on your behalf throughout the evaluation process. Contact GBN Law for a free consultation today: 651-483-1520.

The Grid Rules, or the Code of Federal Regulations Medical-Vocational Guidelines, are a complex series of rules used to evaluate cases that cannot be evaluated on medical considerations alone. The Grid Rules, organized as a complicated series of charts, provide for analysis of vocational factors such as age, education, and work experience in combination with residual functional capacity (maximum sustained work capability). Sound confusing? Gregg Nelson at GBN Law will help you understand the ins and outs of Grid Rules as they may pertain to your case.

The difference between Social Security Disability Insurance and Supplemental Security Income can be confusing. In short, Social Security Disability provides benefits to individuals who are “insured” by earnings-based contributions to the Social Security trust fund pursuant to the Federal Insurance Contributions Act (FICA). Supplemental Security Income, on the other hand, is an assistance program for aged, blind, and disabled individuals with limited income and resources for whom the Social Security Insurance program is not available or does not provide sufficient benefits. Eligibility for Supplemental Security Income depends on income and resources, not on how recently or how long the claimant worked. The Federal Government funds Supplemental Security Income from general tax revenues, not from the Social Security trust fund. Some individuals may qualify for both types of benefits.

Disability Determination Services (DDS) is the state agency that works with the Social Security Administration to evaluate medical eligibility for disability benefits. DDS doctors and disability specialists will request and review medical records from your treating medical providers. If DDS decides that additional medical information is needed, you may be required to attend a consultative examination.

The Social Security Administration relies upon a state agency called Disability Determination Services (DDS) to review disability claims and make determinations with regard to medical eligibility based upon medical records, laboratory and test results, medical opinions, etc. If a disability examiner at DDS finds that there is insufficient evidence upon which to make a determination, the examiner may ask you to attend a special examination with a medical provider other than your regular doctor. You are obligated to attend this “consultative examination.” The Social Security Administration will pay for the examination and some of the related travel expenses.

Disability benefits automatically convert to retirement benefits when the recipient reaches full retirement age. The Social Security Administration cannot pay disability benefits and retirement benefits on the same earnings record at the same time. Your retirement benefit rate is calculated by the Social Security Administration.

No. The amount of monthly Social Security Disability benefits is based on the recipient’s Social Security earnings record. The amount of monthly Supplemental Security Income benefits is based on the recipient’s other income, living arrangements, etc.