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Edited on Wed Nov-12-03 05:18 PM by happyslug
He is is over age 50, and that is a magic number for Social Security. What I mean by that people age 50-55 only have to show that:
1. There can NOT do the work they have done over the previous 15 years AND
2. There are NO jobs of a "light" nature they can do.
For people under age 50, the test is Sedentary work, thus it is EASIER for someone over age 50 to get Social Security than someone under age 50.
Now you said he was a truck driver. That is generally considered a “Heavy” Job and with his bad back he will be ruled he can not return to that type of work (especially given the Doctors are recommending surgery).
Thus the big issue in any claim he will make for Social Security Disability is can he do any other job of a Light Nature.
Light work is defined as a person who EITHER is on his feet more than two hours in a eight hour day (and otherwise doing sedentary work) OR someone who frequently lifts 10 pounds and occasionally lifts 20 pounds.
Sedentary Work, Frequent lifting of 0 pounds; Occasional Lifting of 10 pounds AND On one's feet no more than two (2) hours in a eight(8) work day.
Light Work: Frequent Lifting, 10 pounds; Occasional Lifting 20 pounds
Medium Work: Frequent Lifting, 25 pounds; Occasional Lifting 50 pounds
Heavy Work: Frequent Lifting, 50 pounds; Occasional Lifting, 100 pounds
NOTE: All work of a heavier type includes all work of a lighter type. for example "Heavy Work" includes "Medium", "Light" and "Sedentary work, but for purposes of the "Tables" in Appendix 2 of the Social Security Regulations, the only thing considered is the exertional level listed, i.e. to be ruled disabled you must be unable to do "light" work, your ability to do 'Sedentary" work is not considered.
NAMES USED IN REGULATIONS FOR AGE CATEGORIES
Younger individual, Under age 50; 20 CFR § 404.1563(b) § 416.963(b)
Younger individual(45-50), Age 45-50; 20 CFR § 404.1563(b) § 416.963(b)
Person Closely Approaching Advance Age, Age 50-55 20 CFR § 404.1563(c) § 416.963(c)
Person of Advance Age, Age 55-59; 20 CFR § 404.1563(d) § 416.963(d)
Person approaching retirement age, Age 60-64;20 CFR § 404.1563(d) § 416.963(d)
Thus your child’s dad may be elegible depending on how long he can be on his feet in a day. If it is under 2 hours in a 8 hour day he is elegible for Social Security Disability.
I am including with this letter copies of Papers I give to my clients when I discuss SSI with them:
If you have any questions feel free to E-mail me for information and if I can get it to you I will.
THE FOLLOWING PAGES ARE MEANT AS A GUIDE ONLY. THE EXACT SOCIAL SECURITY ADMINISTRATION (SSA) REGULATIONS ARE TO COMPLEX TO BE EXPLAINED IN A SHORT PAPER. THE FOLLOWING PAGES ARE TO GIVE YOU, THE CLAIMANT, AN IDEA OF HOW SSA WILL DETERMINE WHETHER YOU ARE ELIGIBLE FOR BENEFITS.
DISABILITY DECISION TREE USED BY SSA TO DETERMINE DISABILITY:
The following is the systematic method used by SSA to determine whether someone is disabled or not. It is included with this form for your information on HOW SSA will determine if you are disabled or not.
1. Is claimant engaged in substantial gainful activity (SGA)? (20 CFR § 404.1571 et seq). SGA is defined as earning more than $700 per month.
If you are earning, $700 or more per month you are NOT disabled.
If you are earning less than $700 the Claimant Proceeds to Step Two (2).
.
2. DOES CLAIMANT HAVE A SEVERE IMPAIRMENT? (A DEMISE TEST).{(20 CFR § 1520(b)}. This test is designed to eliminate anyone who is not suffering from any impairment. "Demise" is Latin for minor or insignificant. If you are suffering from any impairment that affects your day to day activities you survive Step Two.
3. Does claimant have an impairment that meets a listing? {20 CFR § 404.1520(d)}.
IF YES, Than the claimant is disabled; IF NO, Than you go to Step 3.
The listing of impairments are listed in Appendix 1 to the Social Security Regulations.
If you met the requirements of any listing or combination of listings you are disabled.
If you do not met the requirements of any listing or combinations of listing you proceed to Step Four (4)
4. Is claimant able to perform past relevant work. {20 CFR § 1520 (e)}
If YES, Claimant is NOT Disabled. If NO, go to Step Five (5).
5. a. Does Claimant have a exertional impairment?
If no go to Step 5c, If yes than go to Step 5b
b. Is claimant disabled under the "Tables". SSA refers to Appendix 2 of the SSA regulations as the "Tables". The "Tables" are decisional trees to help ALJs decide whether someone is disabled or not. If you are "disabled" under the "Tables" you are disabled, if not go to step 5c.
THE TABLES (Simplified):
HIGH SCHOOL EDUCATION OR MORE
TO BE DISABLED
AGE 60-65 -TO BE DISABLEDYOU MUST BE INCAPABLE OF DOING "HEAVY WORK".
AGE 55-59 - TO BE DISABLEDYOU MUST BE INCAPABLE OF DOING "MEDIUM WORK".
AGE 50-55 - TO BE DISABLEDYOU MUST BE INCAPABLE OF DOING "LIGHT WORK".
AGE BELOW 50 - TO BE DISABLEDYOU MUST BE INCAPABLE OF DOING "SEDENTARY WORK".
*********************************************************************************
LESS THAN HIGH SCHOOL EDUCATION BUT MORE THAN 7 YEARS OF SCHOOLING.- "LIMITED EDUCATION" - Same as for High School or More Grid.
*********************************************************************************
LESS THAN 7 YEARS OF SCHOOLING.-"MARGINAL EDUCATION" Same Test as for High School or More Grid.
*********************************************************************************
ILLITERATE - TO BE DISABLED - Same as for High School or More Grid.
EXCEPT: The test for "SEDENTARY WORK" starts at age 45.
c. Does claimant have a significant non-exertional impairment? If either yes or no go to Step 5d.
d. Can the claimant perform other work as it is perform in the national economy. {20 CFR § 404.1520 (f)}
If yes, Claimant is NOT disabled.
If no, Claimant is disabled.
This is where they will decide whether your child's father is elegible for SSI.
VOCATIONAL GUIDELINES -_NOTES - 20 CFR § 404 and 416 of Appendix 2
NOTE #1: The regulations are always Changing this is meant as a gudielnes of the regulations NOT the regulations themselves.
Note # 2: The exertional limitations stated in the “Simplified Tables” ONLY APPLIES TO CLAIMANTS WHO SURVIVE TO PARAGRAPH 5d on the Sequential Evaluation Process (page 17). Step 5 is after the ALJ has made a finding of not meeting a listing (Step 3), a finding of in-ability to return to past relevant work (Step 4) and a finding that the claimant is suffering from an severe impairment (Step 2).
Note #3: Age, education, exertional limitations and past work experience are the main factors considered by SSA when SSA determines whether a claimant is capable or not capable of performing work as it is performed in the national economy.
Note # 4: WARNING: If a claimant has a skilled or semi-skilled experience and those skills are transferable to other jobs that exist in the national economy, such a claimant can never be disabled.
Note #5: These Vocational Guidelines is a vocational determination, not a medical determination, but it is a vocational determination based on the testimony of the limitation of the claimant and the medical records. Generally a Vocational Expert (VE) will attend the SSA hearing and will testify to the following:
1. Whether the past relevant work of the claimant is skilled or semi-skilled;
2. Whether the skills are transferable; and
3. What other jobs can a person with the disabilities of the claimant perform.
Note #6: The biggest factors (besides disability) in determining if a claimant is disabled are education and age. The “Simplified Guidelines” attached hereto is a Simplified BREAKDOWN OF THE "TABLES" SET FORTH IN APPENDIX 2 OF THE SSR REGULATIONS.
Note #7: For Simplicity the “Simplified Guidelines” Attached Hereto Assume No Previous Work History and Non-transferable Work Skills. Furthermore All of the “Simplified Guidelines” Assumes "Unskilled" Work Training.
SSI _ supplemental Security Income
RSDI - Retirement, Surviors, Disabilty Income (often called SSD, Social Security Disability a term I will use below):
MAJOR DIFFERENCE BETWEEN SOCIAL SECURITY DISABILITY (SSD) AND SUPPLEMENTAL SECURITY INCOME (SSI). SSD (RSDI) is set by 42 U.S.C.A. § 402, SSI is set by 42 U.S.C.A. § 1381 of the Social Security Act.
Both SSI and SSDI use the same test for Disability ie. Disability is defined as being unable to do any work that exist in substantial Numbers in the National Economy
For SSD Payments Starts Six Months after the date SSA determined you first became disabled.
SSI pays for the first the month you made an Application for SSI or you became Disabiled whichever is later.
SSDI is Payed from Social Security Taxes. SSI is paid from General Funds (Income Taxes).
Both SSI and SSDI are Administrated by Social Security Administration (SSA).
A person on SSDI can be awarded disability for a period prefore he made an application (but not more than a year before), SSI will NOT pay for any period prior to the application date.
SSDI has Spouse/Survivor Benefits, SSI does not.
SSDI Payments are based on his work History and will be Roughly 60% of your his income over the ten years before the onset of your disability
SSI will pay $552.00 ($579.40 if he lived in Pennsylvania, Some state supplment the SSI grant, Pennsylvania does it by $27.40, some states give more, some states less, some states none).
SSDI is NOT Affected by other Income, SSI is REDUCED by any other income.
SSDI check hits on the Third of the Month, SSI payment hits on the First of the Month.
There are NO Asset Limitations for SSDI, but a SSI recipent can only have the following assets, One Automobile, one house he is living in, Household furnishings and $2000 in liquid assets ($3000 for a couple).
Medical Coverage of SSDI is Medicare (after a 18 month weighting period). SSI medical care i provided by Public Welfare.
PLEASE NOTE since the father of your child has a work history I do not believe he will be elgible for SSI, his SSD would exceed any SSI amount he would be entitled to.
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