Blog Archive

Friday, March 3, 2023

03-03-2023-0359 - Part II - Evidentiary Requirements ; Part I - Disability Evaluation Under Social Security

Part II - Evidentiary Requirements

https://www.ssa.gov/disability/professionals/bluebook/evidentiary.htm
 

Disability Evaluation Under Social Security

https://www.ssa.gov/disability/professionals/bluebook/general-info.htm

03-03-2023-0358 - See Part II, Evidentiary Requirements, for more information about CEs.) SSA

For all individuals applying for disability benefits under title II, and for adults applying under title XVI, the definition of disability is the same. The law defines disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

Under title XVI, a child under age 18 will be considered disabled if he or she has a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months.

A medically determinable physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques. The medical evidence must establish that an individual has a physical or mental impairment; a statement about the individual's symptoms is not enough.

Most disability claims are initially processed through a network of local Social Security field offices and State agencies (usually called Disability Determination Services, or DDSs). Subsequent appeals of unfavorable determinations may be decided in the DDSs or by administrative law judges in SSA's Office of Hearing Operations (OHO).

When an individual applies for disability benefits, whether online, in person, by telephone, or by mail, the application is initially processed at an SSA field office. The completed application and related forms provide information about the claimant's impairment(s); names, addresses, and telephone numbers of medical sources; and other information that relates to the alleged disability. (The "claimant" is the person who is requesting disability benefits.)

The DDSs are State agencies responsible for developing medical evidence and making the initial determination about whether the claimant is or is not disabled or blind under the law.  These State agencies are fully funded by the Federal Government.

Usually, the DDS obtains evidence from the claimant's own medical sources first. When the evidence is unavailable or insufficient to make a determination, the DDS may arrange a consultative examination (CE) to obtain additional evidence. The individual's own medical source(s) is the preferred source for the CE; however, the DDS may also obtain the CE from an independent source. (See Part II, Evidentiary Requirements, for more information about CEs.) 

https://www.ssa.gov/disability/professionals/bluebook/general-info.htm

https://www.ssa.gov/disability/professionals/bluebook/evidentiary.htm

A. Under the Social Security disability insurance program (title II of the Act), there are three basic categories of individuals who can qualify for benefits on the basis of disability:

  • A disabled insured worker less than full retirement age.
  • An individual disabled since childhood (before age 22) who is a dependent of a parent entitled to title II disability or retirement benefits or was a dependent of a deceased insured parent.
  • A disabled widow or widower, age 50-60 if the deceased spouse was insured under Social Security.

Under title XVI, or SSI, adults and children under age 18 who have limited income and resources can receive payments based on disability or blindness.

https://www.ssa.gov/disability/professionals/bluebook/general-info.htm

NOTE. EXCEPTIONS EXIST, TO PERMIT NON TAX PAYERS TO ACQUIRE SSA SSDI FULL DIS MINOR BEFORE 18. GENERALLY IRS TAX PAYERS ARE ELIGIBLE, OR WITH EXEMPTION PERMITTED TO ACQUIRE SSA SSDI FUND. THE PEOPLE SHOULD BE FACILITATED IN THEIR APPLICATION TO FUND IN A MONETIZED SOCIETY USA NAC DOM (PRIMITIVE) IN CIRCUMSTANCE OF OUTDATED/ETC. ; INDEPENDENT FUND ACQUISITION BY GROUP OPERATIONS AND PRIVATE PRACTICE IS SEPARATE FROM UNEMPLOYED. PERSONS WHO ARE UNEMPLOYED MAY HAVE LITTLE TO NO WORK RECORD, AND MAY NOT HAVE ELIGIBLE FIRST LINE (PARENT, SPOUSE, ETC.) TO SUPPORT ENABLE SSA SSDI FUND ELIGIBILITY.  A PERSONS MAY CONSIDER APPLICATION TO SSA FOR FUND IN CIRCUMSTANCE OF HOUSEHOLD, STATUS, STANDING, SPECIFICATIONS, ETC.. 

CAUCASIAN USA NAC DOM PERSONS WITH NO WORK RECORD, NO FAMILY/MARRIAGE/PROGENY, NO TAXES PAID TO IRS, NO SUFFICIENT FINANCIAL SUPPORT, NO SUFFICIENT FUND TO SUPPORT MEDICAL CARE, SPARSE MEDICAL CARE, POVERTY SITUATION, TRIALS AND TRIBULATIONS, HARDSHIP, FINANCIAL HARDSHIP, MEDICAL COMPLICATION AND FINANCIAL HARDSHIP, DISTINCT FROM AGE-GROUP (WITHOUT LIBERTY TO MOBILIZE ARMY AT WILL, WITHOUT SATISFACTORY SECURITY, WITH AGE RELATED DETERIORATION, WITH DEPRECATION OF IMAGE/PERSON/BODY/GENETICS/TISSUES/EQUITY/ETC., ETC.), ETC., MAY BE ELIGIBLE TO RECEIVE SSA SSDI FUND DESPITE CIRCUMSTANCE OF INCOMPLETE CRITERIA SATISFACTION [I.E. NO TAXES PAID].

CIRCUMSTANCE APPLICATIONS SHOULD GENERALLY BE RESERVED FOR IMMIGRANTS, ASIANS, BLACKS, HEROES (MEN), POW, MIA, MEN, ETC..


DRAFT

03-03-2023-0355 - SSA general information (bluebook) ; Social Security disability insurance program (title II of the Social Security Act (Act))

 

Part I - General Information

Program Description

The Social Security Administration (SSA) administers two programs that provide benefits based on disability: the Social Security disability insurance program (title II of the Social Security Act (Act)) and the Supplemental Security Income (SSI) program (title XVI of the Act).

https://www.ssa.gov/disability/professionals/bluebook/general-info.htm

03-03-2023-0346 - 12.13 Eating disorders (see 12.00B10), satisfied by A and B:



12.13 Eating disorders (see 12.00B10), satisfied by A and B: Medical documentation of a persistent alteration in eating or eating-related behavior that results in a change in consumption or absorption of food and that significantly impairs physical or psychological health.

AND Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 12.00F):Understand, remember, or apply information (see 12.00E1).
Interact with others (see 12.00E2).
Concentrate, persist, or maintain pace (see 12.00E3).
Adapt or manage oneself (see 12.00E4).

https://www.ssa.gov/disability/professionals/bluebook/12.00-MentalDisorders-Adult.htm#12_13

Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both: Medical treatment, mental health therapy, psychosocial support(s), or a highly structured setting(s) that is ongoing and that diminishes the symptoms and signs of your mental disorder (see 12.00G2b); and
Marginal adjustment, that is, you have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life (see 12.00G2c).

https://www.ssa.gov/disability/professionals/bluebook/12.00-MentalDisorders-Adult.htm#12_13

100.00 Low Birth Weight and Failure to Thrive - Childhood
https://www.ssa.gov/disability/professionals/bluebook/100.00-GrowthImpairment-Childhood.htm
112.13
Eating disorders

112.13 Eating disorders (see 112.00B10), for children age 3 to attainment of age 18, satisfied by A and B: Medical documentation of a persistent alteration in eating or eating-related behavior that results in a change in consumption or absorption of food and that significantly impairs physical or psychological health.

AND Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning (see 112.00F): Understand, remember, or apply information (see 112.00E1).
Interact with others (see 112.00E2).
Concentrate, persist, or maintain pace (see 112.00E3).
Adapt or manage oneself (see 112.00E4).

https://www.ssa.gov/disability/professionals/bluebook/112.00-MentalDisorders-Childhood.htm#112_13



03-03-2023-0345 - must provide evidence about the existence of work in the national economy that you can do

 (3) Other work. In order to determine under § 404.1520(g) that you are able to adjust to other work, we must provide evidence about the existence of work in the national economy that you can do (see §§ 404.1560 through 404.1569a), given your residual functional capacity (which we have already assessed, as described in § 404.1520(e)), age, education, and work experience.

[82 FR 5864, Jan. 18, 2017]

https://www.ssa.gov/OP_Home/cfr20/404/404-1512.htm

03-03-2023-0344 - SSA draft

https://www.ssa.gov/OP_Home/cfr20/404/404-1512.htm

https://www.ssa.gov/OP_Home/cfr20/416/416-0919a.htm#b

https://www.ssa.gov/OP_Home/cfr20/404/404-1519a.htm#b

https://www.ssa.gov/disability/professionals/bluebook/1.00-Musculoskeletal-Adult.htm#1_00O1

https://www.ssa.gov/OP_Home/cfr20/404/404-1560.htm

https://www.ssa.gov/OP_Home/cfr20/404/404-1512.htm

https://www.ssa.gov/disability/professionals/bluebook/1.00-Musculoskeletal-Adult.htm

https://www.ssa.gov/pubs/