A Lowell Disability Lawyer Discusses Three Substantial Gainful Activity Tests

When you meet with your Lowell disability lawyer and are self-employed, they will advise you about the three tests the Social Security Administration employs in order to determine whether you are engaged in substantial gainful activity, or SGA. If you are, your claim may be denied.

The First Test

The Social Security Administration has SGA guidelines that provide the maximum amounts that can be earned while not qualifying as substantial income. Under the first test, you will be found to be involved in SGA if your income exceeds those limits and the services you provide are significant. Even if you pass the first test, the agency may still find that you have been involved in SGA if either of the other tests apply.

The Second Test

The next test looks at how your work compares to that performed by people in your community who are not disabled. They will consider the number of hours you work, your responsibilities, how much energy is required, and the skills involved in comparison with those who are unimpaired. If your work is comparable, you will be found to be engaging in SGA.

The Third Test

Even if your work is not comparable, it may be deemed as SGA if it is worth more to the business than what is listed in the guidelines. They will consider the value of your work to the business itself for this test.

Other Considerations

If you are a sole proprietor, your work will be deemed significant even if you work very few hours. If more than one person runs it, your work will be considered significant if you provide more than half of the work.

Contact a Lowell Disability Lawyer

If you are self-employed and are applying for disability, you may need to get help from a Lowell disability lawyer. You can schedule a consultation with a Lowell disability lawyer at the Palma Law Offices, P.C., by calling us at (888)295-4955.

VA and SSA: Lowell Social Security Disability Attorneys Outline What Veterans Need To Know

There are considerable differences between the way the Veterans Administration and the Social Security Administration handle claims of disability. Since disabled veterans are eligible for both, Lowell Social Security disability attorneys can offer useful advice.

Percentage Of Disability

One major difference between the Social Security Administration and the VA is that the SSA does not recognize a percentage of disability. In other words, you cannot be 10%, 40% or 99% disabled under SSA disability rules. You are either disabled or you aren’t. The VA does recognize these percentages and assigns benefits accordingly.

You Must Be Proactive

If you are a disabled veteran pursuing a Social Security disability claim, it is best that you obtain your medical records yourself rather than depending on the Veterans Administration to release them to the SSA, since the VA does not always do this readily. You should also submit duplicates of your medical records, rather than the originals, to the SSA. It is not unheard of for records to be mislaid, misfiled or lost, so keep your originals secure.

Counsel from Lowell Social Security Disability Attorneys

While you may certainly pursue your claim on your own, legal counsel will be important to you if your initial claim is refused. You have the right to appeal your case to an administrative law judge, and an attorney experienced in Social Security disability cases will be helpful to you at your hearing. Your attorney will assist you in preparation and will be with you during the procedures.

We Work For You

At the Palma Law Offices, P.C., Lowell Social Security disability attorneys are standing by to assist you with your Social Security disability claim. Contact us at (888) 295-4955 for a free consultation today.

A Disability Attorney In Lowell Explains Past Relevant Work

Whether or not you are still able to do past relevant work is one of the central criteria that determines your eligibility for Social Security disability benefits. In the paragraphs below, an experienced disability attorney in Lowell explains what this entails.

Past Relevant Work Defined

There are specific requirements that a job must meet in order to be considered “past relevant work” under the SSA’s guidelines. A position that meets this criteria is one in which you:

• Have worked within the previous fifteen years. If you were receiving Social Security disability and your status has expired, past relevant work is work you did within the fifteen years before your last date of Social Security disability status.

• Have worked for a sufficiently long period of time to learn the skills necessary to perform the work correctly.

• Were paid sufficient wages such that the job was “substantial gainful activity.” A position can be considered substantial gainful activity regardless of whether it is full-time or part-time if the wages meet the requirements.

What This Means To You

The task facing you and your lawyer is to establish that you are no longer able to complete the tasks required by the least demanding position you held during the last fifteen years according to the criteria shown above. Whether or not the position is still open, similar work is available in the job market or that type of work can be found at all is not the issue. You have to show that your impairment makes it impossible for you to accomplish the minimum requirements of the job, or the probability is that you will not be declared disabled.

Contact Your Disability Attorney in Lowell Today

Let us put our expertise and experience to work for you. Contact your disability attorney in Lowell by calling the Palma Law Offices, PC at (888) 295-4955 today.

Lowell Disability Attorneys Discusses Inflammatory Bowel Disease

If you suffer from inflammatory bowel disease or irritable bowel syndrome, Lowell disability attorneys may be able to help you prepare for your Social Security disability hearing. Although these conditions are among the most common digestive ailments in disability claims, they present unique challenges to successful disability appeals. With bowel disease, it is often the symptoms, rather than the disease itself, that interfere with employment. Bowel disease can be extremely debilitating and often results in time away from work due to various digestive and intestinal symptoms that force patients to spend extended time in or near a bathroom. These symptoms can be embarrassing as well as uncomfortable, leading many sufferers to avoid disclosing or documenting the symptoms of their condition. However, the Social Security Administration relies heavily on medical documentation of an inability to work. This legal standard can make it difficult to show that your specific condition prevents you from working. Lowell disability attorneys can help you understand the relevant rules and can prepare you for your disability hearing. Your lawyer will ask you questions about your physical health and will most likely ask you to gather documentation of your diagnosis and symptoms. You may also be asked, for instance, to calculate the number of days you were unable to work in the past year due to your medical condition. You may expedite some of these requests by preparing a list of your symptoms and a detailed employment history. Your Lowell disability attorneys can use these documents to ask you additional questions and prepare you for your hearing testimony. It can be difficult to navigate a Social Security disability appeal on your own. However, a lawyer can help you understand your legal rights and prepare you adequately for your upcoming hearing.

Contact Lowell Disability Attorneys

To talk about your inflammatory bowel disease with our Lowell disability attorneys, call Palma Law Offices, PC, at (888) 295-4955.

A Qualified Lowell Disability Attorney Discusses Payments

A Lowell disability attorney can provide guidance when it is taking too long for your Social Security disability benefits to be paid.

Dealing with a Delay in Receiving Benefits

Your Lowell disability attorney will tell you that you have three options when it is taking too long to receive your Social Security disability payments. They are:

1. Call your local political representative. Your local representative will have someone whose specialty is to deal with the Social Security Administration.
2. Speak to a supervisor at the Social Security office in your area. This can expedite the payment if the supervisor contacts the payment center.
3. Have your lawyer send a message to the payment center via fax. When you are receiving payment from the Office of Central Operations (OCO) located in Baltimore, a letter can be faxed straight to the processing units, also known as modules or “mods” for short.

Recommendations from the SSA Regarding Notice of Award

If you have not gotten a Notice of Award within 45 days of the date in which you received a decision in your favor, you or your lawyer should fax the SSA to inquire about the case. In the event that they do not reply within the next 45 days, send another fax to the same number and make sure that it is addressed to the module manager. Should there be no response within 45 days of the second message, send a third message and address it to the Division Program Manager. If there is no response to the third fax, wait 45 days and send a fourth fax to 410-966-0715 to contact the Center for Program Support. As always, make sure there are copies of all faxes.

Contact a Qualified Lowell Disability Attorney

If you have not received your benefits in a timely fashion, call (888) 295-4955 to speak to a Lowell disability attorney at the Palma Law Offices, PC today.