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Charlotte North Carolina
Legal Blog
Overpayments
It is not unusual for the Social Security Administration to claim that there has been an overpayment of benefits. The first step is to determine if, in fact, an overpayment has occurred. Frequently, the overpayment notices do not provide much information about the underlying reasons. Mistakes are common. If it…
Are Social Security Disability Benefits Taxable?
While most people who receive social security disability benefits have income that is well below the amount it takes to make the benefits taxable, this is not always the case. The percentage that is taxable can be influenced by household income. If you have any questions about this, please contact…
Ongoing Trial Work
Even after the end of a trial work period, you have additional rights that last for another 36 months. During this “re-entitlement”, you are eligible for benefits from social security for any month in which you do not work enough to reach the substantial gainful activity level. All you need…
Returning to Work
Under the Title II social security disability program for people who have worked and paid into the social security system, there are provisions for a trial work period after approval of benefits in which you can work for nine months and still receive your SSD check. There is also a…
Sedentary Work Activity
Under Social Security Ruling 96-9p in order to perform a full range of sedentary work activity, an individual must be able to walk and stand for a total of more than 2 hours out of 8 hour work day, stoop on an occasional basis and lift 10 pounds. The ability…
Residual Functional Capacity – Part 2
A comprehensive residual functional capacity involves both exertional and non-exertional factors. Exertional capacity has to do with the seven strength demands: Sitting, standing, walking, lifting, carrying, pushing, and pulling, all of which must be evaluated. Non-exertional factors include: Understand, carry out and remember instructions, use judgement in making work-related decision,…
Residual Functional Capacity
One of the most important decisions made in a social security disability case relates to what is your remaining residual functional capacity from both a physical and mental standpoint. Most doctor and hospital records focus on diagnosis and treatment. Social Security Administration is interested in what practical limitations are imposed…
What are the Listings of Impairments?
Social Security Administration has developed a complex list of guidelines related to various medical conditions. If your condition meets one of these criteria it can result in an automatic approval of disability benefits. Some of the areas include musculoskeletal conditions, cardiac disease and mental illness. One important job of a…
State Agency Physicians
During the preliminary stages of a social security disability claim, an individual’s medical records will be evaluated by a physician retained by the Social Security Administration to assist in deciding whether an individual is disabled. For this reason, it is very important that your treating physicians provide as much information…
What is a Severe Impairment?
Social Security Ruling 96-3(p) states that impairment is considered severe if it “significantly limits an individual’s physical or mental ability to do basic work activities.” To be “non-severe,” an impairment must be a slight abnormality that has no more than a minimal effect on the ability to do basic work…
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