Sección 29 y sus efectos en compensabilidad Si usted se lesiona en el trabajo o lesiona en

Definición y Evaluación de la Discapacidad. La definición de discapacidad se puede encontrar el Título 20 del

Definition of and Evaluation of Disability

The definition of disability can be found Title 20 of the Code of Federation Regulations, Section 404.1505 and Section 416.905. These regulations can be found on the internet on the official site of the Social Security Administration. The official site is SSA.gov. Then click on “Information for Attorneys and Representatives”; then click on

“Resources, Fact Sheets and Guides”; then click on “The Regulations”; then click on “Part 404” or “Part 416;” and then click on §404.1505 or § 416.905. The entire process for the evaluation of disability for purposes of being awarded either Social Security Disability Insurance or Supplemental Security Income can be found in Part 404 and Part

416. The standards for the award of either Disability Insurance or Supplemental Security Income are the same. The primary difference between the two programs is that Disability Insurance is based upon credits earned by individuals who have paid into the Social Security system; and the Supplemental Security Income

Program is for those who have never worked or those whose Insurance Benefit amount

is below the amount that someone solely receiving Supplemental Security Income would receive. Then the Insurance Benefit amount is supplemented with Supplemental Security Income. The monthly amount of Disability Insurance is based on the amount of wages that have been earned. Medicare is received by those who have received 24 months of Disability Insurance, and Medicaid is received by those who receive at least $1 of Supplemental Security Income.

A New York Social Security attorney can help. If you live in Queens, contact a Queens Social Security attorney. If you live in Brooklyn, a Brooklyn Social Security attorney. Bronx residents should contact a Bronx Social Security attorney. If you are in Staten Island, contact a Staten Island Social Security attorney. If you reside on Long Island, a Long Island Social Security attorney. You should always contact a Social Security Disability attorney for advice in this matter.

Social Security law defines disability for purposes of Disability Insurance “as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To meet this definition, you must have a severe impairment(s) that makes you unable to do your past relevant work (see § 404.1560(b)) or any other substantial gainful work that exist in the national economy. If your severe impairment(s) does not meet or medically equal a listing in appendix 1, we will assess your residual functional capacity as provided in §§ 404.1520(e) and 404.1545. (See §§ 404.1520(g)(2) and 404.1562 for an exception to this rule.) We will use this residual functional capacity assessment to determine if you can do your past relevant work. If we find that you cannot do your past relevant work, we

will use the same residual functional capacity assessment and your vocational factors of age, education, and work experience to determine if you can do other work.” 20 C.F.R. § 404.1505. A parallel definition for disability for Supplemental Security Income purposes can be found in § 416.905.

The “Listing of Impairments” in Subpart P of Part 404 sets forth criteria to determine if an impairment is so severe that any individual whose impairment “meets or equal” a listing will be found to be disabled. The Listings are divided up into 14 body systems and disorders. For example, Section 1.00 describes impairments of the Musculoskeletal System. Section 14.00 describes Immune System Disorders. Residual functional capacity is your capacity to perform physical and mental activities despite your impairments and pain. These include exertional impairments such as sitting and standing and non-exertional impairment such as mental/emotional or psychological impairments which interfere with mental activities required for work including such abilities as understanding and remembering.

A New York Social Security lawyer can help. If you live in Queens, contact a Queens Social Security lawyer. If you live in Brooklyn, a Brooklyn Social Security lawyer. Bronx residents should contact a Bronx Social Security lawyer. If you are in Staten Island, contact a Staten Island Social Security lawyer. If you reside on Long Island, a Long Island Social Security lawyer. You should always contact a Social Security Disability lawyer for advice in this matter. If you have been hurt at work, a New York workers compensation attorney should be consulted, as well.

¿Puede seguir trabajando mientras recibe beneficios del Seguro Social ? La buena noticia es que

Can you continue to work while receiving Social Security

Benefits?

The good news is that there are special rules which allow you to continue working temporarily once you are approved for benefits, without losing your monthly Social Security disability benefits. A New York Social Security attorney can help. If you live in Queens, contact a Queens Social Security attorney. If you live in Brooklyn, a Brooklyn Social Security attorney. Bronx residents should contact a Bronx Social Security attorney. If you are in Staten Island, contact a Staten Island Social Security attorney. If you reside on Long Island, a Long Island Social Security attorney. You should always contact a Social Security Disability attorney for advice in this matter.

The trial work period – After a person becomes eligible for disability benefits, you have the option of attempting to return to work. As an incentive, the Social Security Administration provides a nine month trial work period during which you can test your ability to work and earn any level of income while still keeping your full SSDI benefits. This is a great way for you to get a job without having to worry about losing your SSDI benefits. Furthermore, if you make less than $750 (gross) or if you work less than 80 hours per month in self-employment (irrespective of the amount earned), that month will not count toward your nine months. Your nine trial work months need not be consecutive, so there can be gaps between your trial work months that count toward your nine-month limit. Only at the expiration of that trial work period may your benefits potentially be affected. If you live in the Bronx, contact a Bronx Social Security

Extended period of eligibility – After your trial work period, the amount of your monthly income becomes relevant to whether you can continue receiving your monthly benefits. During this 36 month period, you can still

receive benefits as long as your earnings are below the substantial gainful activity (SGA) level and you continue to have a disabling impairment. In 2013, earnings are “substantial” if they are over $1,040 ($1,740 if you are blind). Your eligibility to receive monthly benefits is determined on a month-to-month basis. If your gross income is at or below the SGA amount for any month, you are eligible to your full SSDI benefit amount for that month. Your benefits will be suspended for any month where your earnings are over the SGA level. The SGA amount is adjusted by the Social Security Administration (SSA) each year. Therefore, you should check the financial limits before engaging in any type of work.

Reinstatement – If your benefits are terminated after the trial work period ends because your earnings are substantial, and then you become unable to work again because of your medical condition, you have up to five years during which you can ask Social Security to start your payments again. You do not have to file a new application. Simply contact the Social Security Administration and request reinstatement if you are disabled because of the impairment(s) that is the same as or related to the impairment(s) that allowed you to get benefits earlier. Reinstatement is an expedited process. While your case is assessed to determine whether you are entitled to benefits again, you have the right to request provisional (temporary) benefits for up to 6 months. The odds are in your favor when you file an application for expedited reinstatement. Social Security must prove that you have medically improved since the last time you were receiving benefits before denying your claim. In contrast, if you file a new application for benefits, you must prove that you are medically disabled for your claim to be granted.

It is important to promptly notify Social Security when you start or stop working because it could affect your benefits.

A New York Social Security lawyer can help. If you live in Queens, contact a Queens Social Security lawyer. If you live in Brooklyn, a Brooklyn Social Security lawyer.

Bronx residents should contact a Bronx Social Security lawyer. If you are in Staten Island, contact a Staten Island Social Security lawyer. If you reside on Long Island, a Long Island Social Security lawyer. You should always contact a Social Security Disability lawyer for advice in this matter. If you have been hurt at work, a New York workers compensation attorney should be consulted, as well.