Services
Personal service and direct attorney-client contact for each client have built the practice over the years. Randolph B. Walton and Kevin T. Green of Walton & Green, L.L.C., Attorneys feel that each client should have easy and direct access to the attorneys and make themselves personally available to their clients. One goal of Walton & Green,
L.L.C., Attorneys is to provide the highest availability of legal services to our clients, while achieving the utmost of standards. We have many areas in which we practice including: - Free Initial Consultation
- Social Security Disability
- Other SSI claims
- Offices in Mobile, Foley, Monroeville & Evergreen, Alabama
THE DIFFERENCE BETWEEN SOCIAL SECURITY DISABILITY AND SSI
The Social Security Administration (SSA) has two programs that provide benefits based on disability: The Social Security Disability insurance program (Title II) and the Supplemental Security Income (SSI) program (Title XVI).
The Social Security Disability program (SSD) provides for payment of disability benefits to individuals who are “insured” under the Act by virtue of their contributions to the Social Security Trust Fund through Social Security taxes on their earnings as well as to certain disabled dependents of insured individuals. To be “insured” for SSD benefits, an individual must have paid Social Security taxes on their earnings for a certain number of quarters. Typically, an individual must have worked at least 5 of the previous 10 years immediately preceding the onset of their total disability and paid taxes on those earnings. If you worked and were paid for your work but did no pay Social Security tax on those earnings, then those earnings are not credited for qualification for SSD benefits.
The SSI program provides for payment to individuals (including children under 18) who are disabled and have limited income and resources. If you have not paid in enough to be “insured” for SSD benefits, you may be able to pursue a claim for SSI. However, there are very strict limitations on your income and assets.
To qualify for either SSD or SSI, an individual must be found to be “disabled” pursuant to the Social Security Administration’s criteria.
DEFINITION OF DISABILITY
For all individuals applying for disability benefits through either SSD or SSI, the definition of disability is the same. The Social Security Administration defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairments(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. What this basically means is that to qualify for disability you must either have a condition or conditions that prevents you from being able to work for a period of 12 months or is expected to keep you from being able to work for a period of 12 months.
WHAT YOU CAN DO TO HELP YOUR CLAIM BE SUCCESSFUL
I.Get Medical Treatment.
It is important that you continue to get medical treatment for your physical and/or emotional problems which you believe cause you to be disabled. The Administrative Law Judge cannot find you to be disabled based solely on your testimony. The Judge will base his decision on large part upon what the doctor states in the medical records.
We realize it is often difficult to obtain medical attention when you do not have income or health insurance. There are clinics in most areas which provide treatment free or at a substantially reduced rate.
It is equally important that you follow the instructions given to you by the doctor. In other words, if the doctor provides you with medication to treat your condition, it is important that you take the medication as directed.
If the Social Security Administration schedules an appointment with a doctor for you, please make sure that you attend and are cooperative with the doctor. This doctor will not provide you with any treatment but will provide SSA with a written evaluation of his findings.
II.Avoid Illegal Drugs and Excessive Use of Alcohol.
The Social Security Administration no longer recognizes disabilities relating to drug abuse and alcoholism.
Any indication in your medical records that you are currently using illegal drugs or excessively using alcohol will hurt your case. If the Judge determines that your drug and/or alcohol use is contributing to your disability, then he can find that you are not disabled based upon that factor.
III.Maintain a Good Relationship with your Treating Doctors.
Again, the information that is in your medical records is extremely important in determining whether your claim will be successful.
Be pleasant and cooperative with your doctor. Often times, we will request specific information from your main treating physician. The information the doctor provides us regarding the severity of your disability will be considered by the Judge.
IV.Be On Time For All Of Your Appointments.
This is important for appointments with doctors and medical providers as well as appointments with your attorney.
If you are not going to be able to attend an appointment you have scheduled with your doctor or attorney, please contact the office and let them know before the scheduled time.
V.Complete All Requested Forms.
Sometimes the Administrative Law Judge or OHA may send you forms to complete. Please do this immediately and forward them to your attorney. That way the attorney can make a copy of this information and then forward it on to the ALJ. Occasionally, these are forms just like ones that you have completed before. However, it is important to complete the forms accurately and return them.
Sometimes your attorney may send you a form to be completed by your doctor. Please make sure you take that form to the doctor as obtaining that information is important to your claim. Typically these forms request the doctors’ opinions regarding your abilities and restrictions.