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Social Security Law If a claim is not allowed by one of ment to jobs other than those performed before the new initiatives or is based upon in the past. If the individual cannot adapt • becoming unable to work other impairments, the next step of the to another form of employment, the claim At the point that a claimant engages disability analysis is to determine if the must be approved. a representative, the appointment must be impairment is one that meets the statu- tory requirements set forth by an SSA Filing, done in writing and filed with SSA. Rep- maintained list of medical conditions for Procedures, the “Rules of Conduct and Standards ofresentatives are required to comply with each major body system. Meeting these specific objective medical standards au- and Fees C.F.R. 404.1740 and 416.1540.Responsibility for Representatives.” 20 tomatically deems an applicant disabled. 20 C.F.R. 404.1525, 416.925, Appendix If a claim is denied, a letter is sentWhether an attorney is involved initially 1 to Subpart P – Listing of Impairments. from SSA explaining its decision andor later, the disability process begins with Even if a condition is not specified on the one’s appeal rights. A Request for Hear-the filing of an application for disability. list, an ALJ, using a medical expert, can ing must be filed within sixty days fromToday, most applications are filed on- make a determination that the unlisted the day the letter is received. Unless it canline. To apply online for Title II disabil- condition is equal in severity to a Medi- be shown to have been received later, itity benefits, an applicant must be 18 or cal Listing. is presumed that the letter is received fiveolder, cannot be currently receiving Social Security benefits, must have worked/paid days from the date on the letter. 3.5. What is the claimant’s residual Social Security taxes for 20 of 40 quar- functional capacity? ters, and must be able to allege a disabling A Request for Hearing on a medi- cally denied claim should be filed through If a Listing is not met or equaled, medical condition. For payment of bene- the Internet Disability Appeal web por- the ALJ must determine the claimant’s fits, an individual must be found disabled tal. Effective March 16, 2012, appointed residual functional capacity – the most before the earnings generated date last representatives have an affirmative duty to in terms of physical and mental work insured. Title XVI, Supplemental Secu- use the iAppeals i501application in order related activities the person can perform rity Income, is a need based program for to obtain direct fee payment pursuant to despite the individual’s indicated impair- adults and children that has no date last the fee agreement procedure, the attorney ments. 20 C.F.R. 404.1545 and 416.945, insured requirement. preferred mechanism as compared to the 20 C.F.R. 404.1567 and 416.967. Preparation for online applications fee petition process. The i501 Request Can an individual perform his or her should include gathering: for Hearing is a very short appeal request past work? • info about marriages or divorces form. Failure to complete and submit A determination must be made • names and ages of minor children it in one sitting will result in the appeal whether the claimant’s residual func- • military service information request not being generated and nothing tional capacity allows the performance of submitted being saved. Hearing requests • a current W-2 form past relevant work. If it does, the claim pertaining to disability cessations, partial- • bank information for direct depos- is denied. ly favorable decisions, date of onset deci- it of benefits Are there other jobs existing in sig- sions, and non-medical appeals cannot nificant numbers which an individual presently be filed electronically throughidentification of treatment dates,• with this residual functional capacity can the iAppeals system.treatment providers, patient ID numbers perform? At the hearing level, a new program • medication list with the name of Using the determined residual func- prescribing physician permits representatives to apply for ad- tional capacity, as well as the vocational vance registration for eFolder access to factors of age, education, prior work ex- view Hearing Office Status Reports forinformation on insurance or work-• perience, and transferable skills, the final their respective clients and to look at anders compensation claims filed step of the five step analysis is whether an download real-time information abouta work history naming type of• individual can make a vocational adjust- client claims. The procedures outlined bywork and employer for the 15 years 28 Birmingham Bar Association


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