HUNTSVILLE DISABILITY GUIDE

Social Security regulations refer to evidence from "an accepted medical source."  What does that mean? There is a 5-step sequential process that Social Security uses to determine whether an individual is disabled.  At step 2 the claimant must show that he has a severe and medically determinable impairment.  This evidence must come from an "acceptable medical source." According to 20 CFR 404.1513(a) and 416.913(a), only the following are considered acceptable medical sources: Physicians, including doctors of medicine and doctors of osteopathy Licensed or certified psychologists, including school psychologists for purposes of determining mental retardation or borderline mental functioning only Licensed optometrists for measurement of visual acuity and visual field only; Title II claims may require a physician's diagnosis if other aspects of eye disease are involved Licensed podiatrists - only for an impairment of the foot or foot and ankle (dependin...

In July 2012 Social Security issued Ruling SSR 12-2p on fibromyalgia.  This ruling states that fibromyalgia may be a medically determinable impairment when established by appropriate medical evidence and it can be the basis for a finding of disability.  Social Security has instructed all its administrative law judges and other adjudicators to follow SSR 96-7p to evaluate a claimant's statement about symptoms and functional limitations caused by fibromyalgia. For years, fibromyalgia was a little understood disorder and some Social Security judges did not consider it to be a "medically determinable impairment," for purposes of disability benefits. Therefore, thousands of claimants were denied disability benefits. Step 2 in Social Security's sequential process for determining disability requires that the claimant have a severe impairment.  Under SSR 12-2p, fibromyalgia may now satisfy the requirement of having a "serious, medically determinable impairment...

I recently received a question that involves what Social Security calls "subsidized work."  Generally, an individual who is working at substantial gainful activity (SGA) level would not be eligible to receive Social Security disability while working.  In 2012, SGA level is gross wages of at least $1,010 per month.  There are certain exceptions, however, and subsidized work is one of them. Subsidized work occurs when an individual is given a job just to help him get by and where the employer does not enforce the normal requirements of work activity.  Also, the employer would not hire someone else to perform this work.  Here is an example. Let's say that I have a favorite uncle who is not able to work and has a difficult time getting by. I offer him a job in my office as a "courier" and pay him $400 a week to putter around.  He is often unable to come to work and frequently leaves at lunch to go home and rest.  He can also take as many breaks as he w...