Pain & The Law

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Social Security Benefits

Disability Insurance Benefits are not restricted to those of limited means (other Social Security benefits can apply to those who are poor or who are not employed). They apply to disabled workers if the disability is medically determinable and the disability is long term (12 months). An offset applies if the claimant also receives worker's compensation benefits; SSA, Rulings concerning reductions in SSA Disability because of Worker's Compensation Payments [HTML].

"Social Security's process of disability evaluation is more complicated than tossing a suspected witch into the water, but it is not necessarily more valid." David J. Agatstein, Beyond the Threshold, Wincing at Social Security’s Process of Evaluating Pain, 17 J. NAT’L ASSNOF ADMIN. L. JUDGES 231 (1997). $[Lexis]
"Determining whether a person's complaints of pain have a sufficient medical connection is one of the most frequently litigated Social Security issues. Since judgments about the claimant's credibility go to the core of a disability claim of this type, the issue is often framed in those terms." Peter Martin, Modern Law of Social Security, § P 740. Pain or Other Subjective Complaints, Legal Information Institute, Social Security Library. [LII]
The Federal Social Security Disability system is overseen by the Social Security Administration (SSA). [HTML]

Advocacy
National Organization of Social Security Claims Representatives (NOSSCR) [HTML]

  • Disability Benefits FAQ [HTML]
National Senior Citizens Law Center [HTML]

News and Information
SEVERE, Social Security Disability Benefits Law Information and Resources [HTML]

 

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