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Avoiding Being Kicked When Down
What I found out then startled me. And still does. The Social Security Administration is a harsh administrator when it comes to doling out funds for the truly disabled. In numerous phone calls to offices throughout Oregon, the consensus for qualification of the disability benefit may require a death certificate positioned just below a waiting pen. The reason I asked what exactly defined disability was, at the time, the basis for my gamble on what the insurance people came to call, a Social Security Rider. This was a bet that those harsh regulations against the disabled, frequent reviews and limited appeals would play in my favor should I ever be unable to work. In other words, my insurance agency was off the hook for all but $200 of the $1200 monthly payout if Social Security declared me disabled.
Times haven't changed all that much since then with one possible exception, the purse strings are being pulled even tighter as per orders from Mr. Bush. They still hold an incredibly tight reign on the cash, a nest egg that is likely to grow smaller in the upcoming years if Washington doesn't get its collective head on and do something substantial. It is important that the government also know that we are paying premiums with each paycheck and those claims should not get harsh treatment or quick judgements.
Technology is changing jobs and in some case eliminating them. The manufacturing sector is of great concern as workers begin to reach retirement age. Older workers, especially those who have done strenuous work throughout their lives, are vulnerable to injury and possibly, before they are well enough to return to work, find that the job they did was no longer in existence. Social Security has used this job elimination standard as a way of denying benefits.
That is until the United States Court of Appeals Third Circuit in Philadelphia ruled otherwise recently. A 61 year old New Jersey woman sued the Administration over denial of benefits, first applied for when she was 54 years old, based on the way they applied them to her case. It seems Pauline Thomas was an elevator operator, a job that allowed her to work with her health problems. When she was replaced with an automatic lift, she was laid off. It was then that she applied for benefits. The Social Security argued that in order for her to receive benefits she must be able prove that she could do her prior job. In Pauline's case, that job was no longer there.
The Third Circuit ruled in favor of Ms. Thomas as she argued that her job was no longer part of the national economy. The Commissioner argued otherwise citing her inability to pass Step four in the qualification process. This excerpt appears in the ruling:
1. The regulations describe Steps Four and Five as follows:
(e) Your impairment( s) must prevent you from doing past relevant
work. If we cannot make a decision based on your current work
activity or on medical facts alone, and you have a severe
impairment( s), we then review your residual functional capacity and
the physical and mental demands of the work you have done in the
past. If you can still do this kind of work, we will find that you are
not disabled. (f) Your impairment( s) must prevent you from doing any other work.
(1) If you cannot do any work you have done in the past because
you have a severe impairment( s), we will consider your residual
functional capacity and your age, education, and past work
experience to see if you can do other work. If you cannot, we will
find you disabled . . . .
Social Security Disability FAQ
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