South Carolina Social Security Disability Legal Questions

Hey David: A couple of factors may have affected your back pay. One is the date you first earned over $1,130 per month ( in 2016 ). That was the earnings limit in 2016 and if you made more than that, it would have been considered " Substantial Gainful Activity "           ( SGA ). Once you earn more than the limit, you typically don't qualify for Social Security Disability. In 2017 it was $1,170 a month & in 2018 is $1,180 a month.  For 2019 it will be $1.220 a month. However, keep in mind that The Social Security Administration ( SSA ) allows you to deduct certain, specific, " impairment related work expenses " which you may help you to get you under the SGA limits. The other thing is, the SSA does not pay for the first five months of a Title II disability claim. So it may not seem fair, but the numbers could be correct. Best, David Hood... Read More

The short answer is yes.  If you wish to report her, If you must do the following if you believe she has in some fashion misused the benefits being issued for the beneficiary, contact the OIG Fraud Hotline. You should provide as much identifying information as possible regarding the suspect. Such information should include: Name of the Representative Payee and the beneficiary Social Security Number of the Representative Payee and the beneficiary Date of birth of the Representative Payee and the beneficiary Details regarding the allegation, such as when it happened, how the abuse was committed, and where the abuse took place This answer does neither create a lawyer/client relationship or constitute legal advice. Dr. Michael G. Sribnick, Esq. Attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC    ... Read More

The answer to your question "Do I need to get a lawyer to do my disability appeal" is no.  There is no requirement that you get a lawyer.  In fact, individuals that are not lawyers (representatives) also do this type of work. Now, if your question really is, based on your circumstances, should you hire a lawyer?  I can't say, but maybe.  It would be well worth your time and effort to meet with a lawyer to review options and to see if the lawyer will represent you.  Many times the first consultation is free but make sure when the appointment is scheduled that's the policy. Finally, if there was an attorney or representative that helped you initially, you may want to start there to inquire about getting help. Good luck.... Read More

to be eligible for SSDI (Disability Insurance Benefits), you must have at least 20 quarters of earnings in the previous 40 quarters before you became disabled.   there are no earning requirements at all for SSI benefits, but you must meet the financial needs requirement, as SSI is a welfare program.... Read More

The real question is: can you work? There are many jobs that can be done with significant or complete hearing loss.  To obtain Social Security Disability there often has to be another diagnosis or problem. To the specifics of your question, though, the Social Security Administration says this about the evidence needed for hearing loss: B.How do we evaluate hearing loss? 1.What evidence do we need? a. We need evidence showing that you have a medically determinable impairment that causes your hearing loss and audiometric measurements of the severity of your hearing loss. We generally require both a complete otologic examination and audiometric testing to establish that you have a medically determinable impairment that causes your hearing loss. You should have this audiometric testing within 2 months of the complete otologic examination. Once we have evidence that you have a medically determinable impairment, we can use the results of later audiometric testing to assess the severity of your hearing loss without another complete otologic examination. We will consider your test scores together with any other relevant information we have about your hearing, including information from outside of the test setting. b. The complete otologic examination must be performed by a licensed physician (medical or osteopathic doctor). It must include your medical history, your description of how your hearing loss affects you, and the physician's description of the appearance of the external ears (pinnae and external ear canals), evaluation of the tympanic membranes, and assessment of any middle ear abnormalities. c. Audiometric testing must be performed by, or under the direct supervision of, an otolaryngologist or by an audiologist qualified to perform such tests. We consider an audiologist to be qualified if he or she is currently and fully licensed or registered as a clinical audiologist by the State or U.S. territory in which he or she practices. If no licensure or registration is available, the audiologist must be currently certified by the American Board of Audiology or have a Certificate of Clinical Competence (CCC-A) from the American Speech-Language-Hearing Association (ASHA). Go to http://www.socialsecurity.gov/disability/professionals/bluebook/2.00-SpecialSensesandSpeech-Adult.htm#2_10 for more information about the "Listing" level severity needed for a hearing  disability. If you don't meet a listing, don't lose hope.  The listing is only the 3rd step of the 5 steps in the evaluation for disability.... Read More

As long as you follow your doctors advice and and take the medicine as prescribed it should not terminate your disability.  However, since this drug is often used to treat addiction he should remember that social security does consider whether or not a persons disability is directly related to drugs or alcohol so he should be very careful and follow his physician's instructions to the letter.  There is always the chance the his disability claim will be re-evaluated in the future.... Read More