Social Security Disability:

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Disability According To Social Security

Congress has defined disability as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment 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. To meet this definition, you must have a severe impairment, which makes you unable to do your previous work or any other substantial gainful activity which exists in the national economy. To determine whether you are able to do any other work, we consider your residual functional capacity and your age, education, and work experience."

From this definition has emerged a standard set of questions which must be asked of each claimant (the person who is applying).

1. Is the individual gainfully employed? The answer to this must be "no."

2. Is there a severe impairment (or group of impairments) which exist?

3. Will the impairment(s) last at least 12 months or result in death?

4. Does the impairment meet any of the standards set by SSA as being severe enough to grant disability?

If questions 2, 3, and 4 above can be answered "yes," then that person will be awarded benefits. If all of the above questions, except number 4 can be answered "yes," then several more questions must be asked. If the answer to number 4 is "no," then SSA must ask:

5. Can the individual perform any of the work s/he has done in the last 15 years? If the answer to this is "yes," then that person is considered not disabled. If the answer to number 5 is "no," then SSA must ask:

6. Given the limitations of the individual's impairment, are any of the skills s/he learned in past work able to be used in another occupation that would require very little retraining? If the answer to this last question is "yes," then that person is not disabled. If the answer is "no," then s/he must be found disabled.

All of the above is based on certain definitions, assumptions, and conditions which pertain to age,education, work experience, and residual functional capacity.

Age

In general, SSA operates on the assumption that the older one gets, the less able s/he is to learn new skills. An individual under the age of 50 is referred to as a "younger individual." Ages 50 to 54 are called "closely approaching advanced age;" 55 and over is "advanced age," and ages 60 to 64 are called "closely approaching retirement age."

Education

SSA makes the assumption that the more education one has, the better able s/he is to make adjustments in jobs. Conversely, the less education, the less able one is to adjust. So if one has a severe impairment, and cannot read or write, s/he should be found disabled.

Education through the 6th grade or less is termed "marginal;" 7th grade through the 11th is "limited." If one has a 12th grade education or a GED, then the question remaining is whether or not s/he has done work which permits entry into another group of jobs which require many of the same skills as s/he was doing before, or less.

If there are jobs in the economy which are related in skills to the one(s) s/he was doing within the last 15 years, and which s/he is determined capable of doing given the limitations imposed by the impairment(s), then s/he will not be found disabled.

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  • Broke Last year the Social Security Administration sent $127.7 billion to those determined disabled but took in only $104 billion in Social Security Disability Insurance (SSDI). Deficits began draining the trust fund in 2005 and are expected to be exhausted by 2017

  • Account Overdrawn Just as when individuals spend beyond their means to repay, so too, do states and nations. "Washing-ton's public debt is nearly $8.5 trillion, which comes to about 58% of the U.S. economy, compared with ratios exceeding 100% in places like Greece.

  • The End of Healthcare Make no mistake about it: socialized medicine is medical treatment at the pointof a gun. Under a single payer government plan, medical decisions will be taken out of doctors' hands and relinquished to the arbitrary whims of government.

  • Vet Falsely Accused An atmosphere of suspicion and distrust was created even before Bill arrived at the meeting with Social Security's consulting psychiatrist, Dr. F. Bill called him from the road to tell him he was on Key Bridge and would be a few minutes late.

  • Our Deceptive SSA An audit of the Social Security Administration by the Office of the Inspector General (OIG) two years ago uncovered some very disturbing and damning facts. Among them are: Hundreds of pieces of unopened mail;


  • The Good, Bad, & Ugly Over many years I have seen a lot of representatives askquestions about the numbers of jobs vocational experts (VEs) testify to under a set of limitations the ALJ accepts. However, the latest dialogue among representatives has confirmed for me

  • Do The Math For the purpose of constructing a model which excludes the factan image that the number of workers (who pay the bill) is less than the number of retirees (who collect via SSA from the workers), consider the following: Start with an eighteen-year old


  • Backlog Crisis The latest processing times for Social Security disability cases have hit new all-time highs. The average lengths of time up to May of 2008 for Social Security disability claimants to get a hearing after a hearing is requested, has been received from the Social Security Administration through

  • Safety Net Knot David Michaelis of Chewala, WA, felt the symptoms of a rare neuromuscular disease in October of '02.The condition causes involuntary movements of the head and neck, which destroys the ability to coordinate eye-hand movements.

  • I AM NOT A CROOK

  • Disable Social Security Chile's Social Security system is based on individualfreedoms - economic, social and political - and is a much more prosperous and lively society.

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Disable Social Security

"The conductor stood by the rear end of the Comet. He looked at the lights of thee tunnel, then at the long chain of the Comet's windows. A few windows were lighted, but most of them showed only the feeble blue glow of night lamps edging the lowered blinds. He thought that he should rouse the passengers and warn them, There had been a time when he had placed the safety of the passengers above his own, not by reason of love for his fellow men , but because that responsibility was part of his job, which he felt pride in fulfilling. Now, he felt a contemptuous indifference and no desire to save them. They had asked for and accepted Directive 10-289, he thought, they went on living and daily turning away in evasion from the kind of verdicts that the Unification Board was passing on defenseless victims-why shouldn't he now turn away from them? If he saved their lives, not one of them would come forward to defend him when the Unification Board would convict him for disobeying orders, for creating a panic, for delaying Mr. Chalmers. He had no desire to be a martyr for the sake of allowing people safely to indulge in their own irresponsible evil." Atlas Shrugged by Ayn Rand.

Now, change Directive 10-289 to The Affordable Care Act or The Social Security Act and the Unification Board to the Department of Health & Human Services. You are slumbering in a cushioned seat on a mindless heap of metal hurling towards a tunnel darker than a cave filled with vampire bats and dagger-sharp stalactites, and waiting for their victims to come to them. The conductor is your doctor.

This is what happens to men forced to comply with mindless and contradictory edicts, just as a computer goes dark when given contradictory orders in its millions of lines of code. Men lose their spirit and will, their pride in achievement. The best leave their chosen profession. When those men are doctors, or conductors, or equipment inspectors and managers, people die.

Yet, isn't it strange, if not eerie, that it's believed men must have a gun held to their heads in order to do their jobs well? Moreover, the second dictum is that they cannot keep what they have earned through their efforts; they must give it away to nameless others. Never mind that people in the U.S. volunteered $290 billion in 2011. In '03, total medical-related giving by foundations was $29.7 billion. Rounded off to $30 billion, with a population of 300 million, that's $100 million for every man, woman, and child in the U.S. Still, the state holds up Americans for welfare to the tune of $900 billion per year. The U.S. Department of Census just reported that 49% of Americans now receive some form of welfare and/or entitlement. Half the people of the U.S. has been turned into sacrificial animals by the state.

But, it doesn't stop there. Future entitlements total $90 trillion. This is certain suicide. To paraphrase Ayn Rand, we can ignore reality, but no one can escape its consequences.

Given the amounts voluntarily given to others, the dollars stolen from our pockets can only be called sadism-pure evil. Why else does Congress opt out of every general spending program?

The only answer is to do away with government programs entirely, and a good place to start is Social Security. Social Security disability payments totaled $137 billion in 2010, to 8.2 million people. SSI is unadulterated welfare-payments to those who have little or no work record. Along with those benefits comes Medicaid, which pays 100% of all medical-related expenses. It's bankrupt. And for the insured and retirement disability-there is no lockbox. Congress has stolen that money for other programs for decades.

There is another way-one that puts a gun to no one's head, recognizes the right of every individual to his own income and future. But, you'll never hear it talked about in Congress, which is more evidence of its members' malevolent nature.

0 It started in the late '70s in Chile. Jose Pinera, Chile's former secretary of labor and social security, explains,
    "Pay-as-you-go social security systems destroy the link between contributions and benefits, between effort and reward. Everyone tries to minimize what he puts into the system while trying to maximize through political pressure what he can get out of it. That's why pay-as-you-go plans are going bankrupt all over the world.
    "Chile faced that problem in the late '70s. As secretary of labor and social security, I could have postponed the crisis by playing at the edges, increasing payroll taxes a little and slashing benefits a little. But instead of making some cosmetic adjustments, I decided to undertake a structural reform that would solve the problem once and for all.
     "We decided to save the idea of a retirement plan by basing it on a completely different concept - one that links benefits and contributions.
    "Chile allowed every worker to choose whether to stay in the state-run, pay-as-you-go social security system or to put the whole payroll tax into an individual retirement account. For the first time in history we have allowed the common worker to benefit from one of the most powerful forces on earth: compound interest.
     "Some 93% of Chilean workers chose the new system. They trust the private sector and prefer market risk to political risk. If you invest money in the market, it could go up or down. Over a 40-year period, though, a diversified portfolio will have very low risk and provide a positive rate of real return. But when the government runs the pension system, it can slash benefits at any time.
     "The Chilean system is run completely by private companies. We now have 15 mutual funds competing for workers' savings.
    "We guaranteed benefits for the elderly - we told those people who had already retired that they had nothing to fear from this reform. We also told people entering the labor force for the first time that they had to go to the new system.
    "Today, all workers in Chile are capitalists, because their money is invested in the stock market. And they also understand that if government tomorrow were to create the conditions for inflation, they would be damaged because some of the money is also invested in bonds - around 60%. So the whole working population of Chile has a vested interest in sound economic policies and a pro-market, pro-private-enterprise environment.
     "There have been enormous external benefits: the savings rate of Chile was 10% of gross national product traditionally. It has gone up to 27% of GNP. The payroll tax in Chile is zero. Of course we have an estate tax and an income tax, but not a payroll tax. With full employment and a 27% savings rate, the rate of growth of the Chilean economy has doubled.
    "That does not mean that we do not have any problems in Chile, but I believe that a society based on individual freedoms - economic, social and political - is a much more prosperous and lively society."

The notion that one can live beyond one's means is nothing more an a pipe dream-a cry for absolution from absolutes , that somehow harm and injury to oneself can be escaped.

That idea was hatched by John Maynard Keynes in 1936, severing the productive capacity of a nation from the people who produce; that wealth can somehow be created out of thin air with the intervention of government. Which means, looting the pocketbooks of the people and spreading it around wherever the elected officials deem it's needed-ignoring the immutable reality of each and every individual's free will, supply and demand, abetted by the full force of property-takers: tax collection agencies.

Once government's sanction of force is accepted by a culture, entitlements become the accepted norm. The wealth of others is demanded and expected as long as a gun is held to their heads by legislators.

Such is the source and nature of Social Security-forced confiscation at the expense of the producers of the wealth of a nation.

It was sold as protection against the debilitation and possible destitution of those beyond their income-producing years. Science has expanded the life span 20 years beyond the 65 year old benchmark of the 1935's. Meanwhile, Congress has burdened one worker for one non-worker with support. This must be fundamentally overhauled immediately if our nation is to survive.

References: U.S. Bureau of Census, 2007 https://www.census.gov/compendia/statab/2007/social_insurance_human_services.html U.S. Bureau of Census, May 2012 http://www.census.gov/compendia/statab/2012/files/employ.html U.S. Bureau of Census, May 2010 http://www.census.gov/newsroom/releases/archives/facts_for_features_special_editions/cb10-ff13.html National Vital Statistics Reports, 2/12/2002 http://www.cdc.gov/nchs/data/nvsr/nvsr50/nvsr50_05.pdf American Association of Fundraising Council http://www.nps.gov/partnerships/fundraising_individuals_statistics.htm Foundation Center http://foundationcenter.org/gainknowledge/research/pdf/fgge04.pdf Cato Institute http://www.cato.org/blog/us-government-spending-1970-2013?gclid=CO201KzmtLoCFWpk7Aod7h8Amw FoxNews http://www.foxnews.com/politics/2013/09/14/social-security-paid-13-billion-in-potentially-improper-disability-payments/ Cato Institute http://www.cato.org/publications/commentary/chiles-social-security-lesson-us

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    Record 100 Dystonia Cases Won; No Losses


    On December 12th, Frederick A. Johnson, President of Disability Income Associates for 23 years, won his one hundredth dystonia case. He has never lost a dystonia case.


    He is expert advisor to the American Dystonia Society, providing immediate answers to questions about Social Security disability programs and procedures to its 500 plus members. The American Dystonia Society is dedicated to research as a non-profit organization, and established in 2009. http://dystonia.ning.com/main/authorization/signUp?


    Johnson has spoken on 3 occasions at the National Spasmodic Torticollis Association, a cervical dystonia patient support organization headquartered in Fountain Valley, CA.


    Since 1990, Johnson has represented over 1,000 patients who were not able to work because of the severity of their medical problems.


    He is author of "How To Apply For & Win Social Security Disability Benefits," and created specialized proprietary residual functional capacity forms for every major condition. The forms integrate the symptoms Social Security looks for in making its awards with the most basic legal standards.


    Johnson was a member of the medical corps in the Navy, working in the ICU, emergency room, recovery room, and surgical wards at the National Naval Medical Center, Bethesda, MD. Additionally, he was a medical worker in the private sector for 2 years.


    Cervical dystonia, also called spasmodic torticollis, or torticollis, is the most common of the focal dystonias. In torticollis, the muscles in the neck which control the position of the head are affected, causing the head to involuntarily twist and turn to one side. In addition, the head may be pulled forward or backward. Though of different etiology, dystonia is treated in the same ways as Parkinson's. Neurologists, however, frequently misdiagnose the condition. A gene has recently been found for dystonia; however, there is strong evidence to show that it can be originated by trauma.


    Dystonia can effect other body parts or the entire body. It can be constant or episodic and sporadic. It is usually treated with botox injections at 3 month intervals.




    What a Few Clients Say



    I gladly write you a check today for our fully favorable SSDI win.


    Four long years and NC didn't do anything quickly or easy, but you stayed the course, kept me informed and most important-were my champion. I never spoke to anyone at SSA because you were on the front line for me.


    I am proof positive that you can win your benefits with a skilled professional by your side. Dystonians rejoice for Fred Johnson!


    D.Brinkley Snead Ferry, NC
    2/2/11



    Thank you for the untiring support given to me in obtaining my Social Security Disability claim. I would not have been able to do all the hard work that you have put into this case. You will be greatly rewarded for the work you do for Disabled population. I will keep you always in my prayers. Again, thank you.!!!


    E. White
    Randallstown, MD 21132
    4/23/08




    I want to take this opportunity to personally thank you for successfully navigating us to a favorable decision with regard to my case. If one ever has any concern or doubt about hiring a representative over an attorney, I can assure them that this notion can be set to rest. You very capably guided me through a maze of obstacles designed to confuse and bewilder even the well educated.


    Because Spasmodic Torticolllis is considered somewhat of a rare disorder and is not listed on the Department of Social Security's "listing of impairments:, it created a challenge, but it was one you were more than able to handle. Everything happened as you predicted with respect to the denials, but it was your expertise and perseverance that prevailed somewhere between the reconsideration denial and the hearing before an Administrative Law Judge, which was very unusual. You spared me the great anxiety and further depletion of my savings by cutting through the labyrinthine bureaucracy at the hearing level and winning benefits without have to go to a hearing. Needless to say, I am very pleased and would highly recommend you to anyone who may be considering you as their representative.


    Not only were you always available to answer my questions and concerns on a professional level, but equally as important, was the way in which you took this case on personally. I really admired the way you actually fought for me. Your heart was in it and I could tell. You know the system so very well Fred, and people who attempt to take on this giant on their own are at a tremendous disadvantage from the beginning.


    If your assistance will help level the playing field and helps them decide on the proper representation they truly need, then it is my honor and pleasure to be of service to you.


    Thank you so much!


    G. Beaubien, Jr.
    Osprey, FL
    2/19/05