Bowes, Petkovich & Palmer, LLC

  Disability is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or combination of impairments that can be expected to result in death or that has lasted or can be expected to last for at least 12 consecutive months.  This standard is analyzed in 5 steps :   Step 1 – Substantial Gainful Activity:   First, the Social Security Administration (SSA) wants to know if a person is still working.  If someone is working and earning a certain amount each month, SSA will consider them to not be disabled, regardless of any actual disability.  A person will not be able to receive benefits while they are currently engaging in substantial work.   Step 2 – “Severe” Medically Determinable Impairment:   SSA then determines whether a person has a “severe” impairment.  For an impairments to be “severe” it must significantly limit a person’s ability to perform basi...

  Initial Application: When pursuing  Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits one first fills out the initial application.  This can be done in person, by phone, or online, and one should include medical records.  The finished application is then submitted to the Social Security Administration (SSA) who sends it to Disability Determination Services (DDS).  DDS then reviews your claim.  The determination process usually takes 3 to 6 months after which you will receive a determination letter from the SSA. Reconsideration: If your application is denied, you have 60 days to file a request for reconsideration with the SSA.  Hiring an experienced attorney at this step is very important.  He or she will be able to review your initial application and determine if any additional evidence needs to be presented or any information needs to be presented differently.  Your attorney will file th...