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Clifford Michael Farrell's Guides
Contributor Level 16
- 942 Legal Answers
- 16 Legal Guides
Childhood Disability Evaluations - The Six Domains
The regulations evaluate six domains, and each domain is further broken down based on 5 distinct age categories: (a)Newborn and young infant (birth to attainment of age 1) (b)Older infants and toddlers (age 1 to attainment of age 3) (c)Preschool children (age 4 to attainment of a...
Childhood Disability Evaluations - Functional Equivalence to the Listings
If a childs impairment does not meet or equal a listed impairment, even after consideration of other evidence from other sources, SSA must still assess the overall functional limitations the child experiences as a result of his or her impairment or combined impairments.This requi...
Childhood Disability Evaluations - Equaling the Listings
If a childs impairments or combination of impairments does not meet a Listing, SSA must determine whether the impairment(s) medically equal a listing. There are four (4) methods for deciding when a childs impairment or impairments medically equal a listing: a.When an impairment ...
Childhood Disability Evaluations - Meeting the Listings
Evaluation of claims for children still follows the sequential evaluation process. SSA must consider all available, relevant and material evidence, both medical and non-medical. [Note:This differs from the adult listings which only considers the medical evidence].SSA must conside...
The 5-Step Sequential Evaluation in deciding Social Security Disability Claims
Social Security uses a five-step evaluation process for all adult disability claims to decide if a person is disabled. Here is what SSA says about the five steps: The five-step sequential evaluation process. The sequential evaluation process is a series of five steps that we foll...
Federal Court Sentence Four Remands and Objections to Magistrate's Reports.
The Social Security Act, 42 U.S.C. Section 405(g), authorizes a claimant to appeal to the Federal Courts from an adverse determination by the Social Security Commissioner. Ordinarily, when a Federal Court remands a Social Security claim to the Commissioner, the remand order is ma...
Medical care, drugs, alcohol and smoking in Social Security claims
a)Lack of Medical care It is much better to be proactive and address, at the very least in pre-hearing and post-hearing correspondence, as well as at the hearing itself, issues that are difficult to the case.If there is a lack of treatment, have the client testify as to his or h...
Overview of the Basics of Veterans Administration Claims
The current state of war began on August 2, 1990 with the original Gulf War conflict, and has not yet ended.That means any veteran meeting eligibility requirements could be eligible for either a non-service connected pension or for a service connected compensation. VA Pension Be...
Handling Requests to File Subsequent Applications for Disability Benefits
SSA policy has long said that, if a judge denied your claim, you had the right to file an appeal AND, while your case was on appeal, you could file a new application too.That usually meant getting the second claim processed faster and, often, getting a favorable decision on the n...
Medicare Premiums in 2012
For a disabled claimant who has been receiving cash benefits from the Social Security Disability program for 24 months, one of the benefits that is provided is the option to purchase Medicare coverage (SSI recipients are covered by Medicaid, through the individual states). For m...