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Evaluation of Disability

Evaluation-of-Disability

Definition of and Evaluation of Disability

The definition of disability can be found Title 20 of the Code of Federation Regulations, Section 404.1505 and Section 416.905. These regulations can be found on the internet on the official site of the Social Security Administration. The official site is SSA.gov. Then click on “Information for Attorneys and Representatives”; then click on “Resources, Fact Sheets and Guides”; then click on “The Regulations”; then click on “Part 404” or “Part 416;” and then click on §404.1505 or § 416.905. The entire process for the evaluation of disability for purposes of being awarded either Social Security Disability Insurance or Supplemental Security Income can be found in Part 404 and Part 416. The standards for the award of either Disability Insurance or Supplemental Security Income are the same. The primary difference between the two programs is that Disability Insurance is based upon credits earned by individuals who have paid into the Social Security system; and the Supplemental Security Income Program is for those who have never worked or those whose Insurance Benefit amount is below the amount that someone solely receiving Supplemental Security

Income would receive. Then the Insurance Benefit amount is supplemented with Supplemental Security Income. The monthly amount of Disability Insurance is based on

this and the to need since.

the amount of wages that have been earned. Medicare is received by those who have received 24 months of Disability Insurance, and Medicaid is received by those who receive at least $1 of Supplemental Security Income.

A New York Social Security

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attorney can help. If you live in Queens, contact a Queens Social Security attorney. If you live in Brooklyn, a Brooklyn Social Security attorney. Bronx residents should contact a Bronx Social Security attorney. If you are in Staten Island, contact a Staten Island Social Security attorney. If you reside on Long Island, a Long Island Social Security attorney. You should always contact a Social Security Disability

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Social Security law defines disability for purposes of Disability Insurance “as the inability to do 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(s) that makes you unable to do your past relevant work (see § 404.1560(b)) or any other substantial gainful work that exist in the national economy. If your severe impairment(s) does not meet or medically equal a listing in appendix 1, we will assess your residual

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functional capacity as provided in §§ 404.1520(e) and 404.1545. (See §§ 404.1520(g)(2) and 404.1562 for an exception to this rule.) We will use this residual functional capacity assessment to determine if you can do your past relevant work. If we find that you cannot do your

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C.F.R. § 404.1505. A parallel definition for disability for Supplemental Security Income purposes can be found in § 416.905.

The “Listing of Impairments” in Subpart P of Part 404 sets forth criteria to determine if an impairment is so severe that any individual whose impairment “meets or equal” a listing will be found to be disabled. The Listings are divided up into 14 body systems and disorders. For example, Section 1.00 describes impairments of the Musculoskeletal System. Section 14.00 describes Immune System Disorders. Residual functional capacity is your capacity to perform physical and mental activities despite your impairments and pain. These

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include exertional impairments such as sitting and standing and non-exertional impairment such as mental/emotional or psychological impairments which interfere with mental activities required for work including such abilities as understanding and remembering.

A New York Social Security lawyer can help. If you live in Queens, contact a Queens Social Security lawyer. If you live in Brooklyn, a Brooklyn Social Security lawyer. Bronx residents should contact a Bronx Social Security lawyer. If you are in Staten Island, contact a Staten Island Social Security lawyer. If you reside on Long Island, a Long Island Social Security lawyer. You should always contact a

Social Security Disability lawyer for advice in this matter. If you have been hurt at work, a New York workers compensation attorney should be consulted, as well.

Social Security Benefits

Social-Security-Benefits

  Can you continue to work while receiving Social Security Benefits?

The good news is that there are special rules which allow you to continue working temporarily once you are approved for benefits, without losing your monthly Social Security disability benefits. A New York Social Security attorney can help. If you live in Queens, college essay helpers contact a Queens Social Security attorney. If you live in Brooklyn, a Brooklyn Social Security attorney. Bronx residents should contact a Bronx Social Security attorney. If you are in android tracker google Staten Island, contact a Staten Island Social Security attorney. If you reside on Long Island, a Long Island Social Security attorney. You should always contact a Social Security Disability attorney for advice in this matter.

The trial work period – After a person becomes eligible for disability benefits, you have the option of attempting to return to work. As an incentive, the Social Security Administration provides a nine month trial work period during which you can test sms tracker phone number your ability to work and earn any level

of income while still keeping your full SSDI benefits. This is a great custom essay writing way for you to get a job without having to worry about losing your SSDI benefits. Furthermore, if you make less than $750 (gross) or if you work less

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trial work months that count toward your nine-month limit. Only at the expiration of that trial work period may your benefits potentially be affected. If you live in the Bronx, contact a Bronx Social Security

Extended period of eligibility – After your trial work period, the amount of your sms raja tracker monthly income becomes relevant to whether you can continue receiving your monthly benefits. During this 36 month period, you can still receive benefits as long as your earnings are below the substantial gainful activity (SGA) level and you continue humulin n canada pharmacy to have a disabling impairment. In pc phone tracker free 2013, earnings are “substantial” if they are over $1,040 ($1,740 if you are blind). Your eligibility to receive monthly benefits is determined on a month-to-month basis. If your gross income is at or below the SGA amount for any month, you are eligible to your full SSDI

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amount for that month. Your benefits will be suspended for any month where your earnings are over the SGA level. The SGA amount is adjusted by the Social Security Administration (SSA) each year. Therefore, you should check the financial limits before engaging in any type of work.

Reinstatement – If your benefits are terminated after the trial work buy essay period ends because your earnings are substantial, and then you become unable to work again because of your medical condition, you have up to five years during which you can ask Social Security to start your payments again. You do not have to file a new application. Simply contact the Social Security Administration and request reinstatement if you are disabled because of the impairment(s) that is the same as or related to the impairment(s) that allowed you to get benefits earlier. Reinstatement is an expedited process. While your case is assessed to determine whether you are entitled to benefits again, you have the right to request provisional (temporary) benefits for up to 6 months. The odds are in your favor when you file an application for expedited reinstatement. Social Security must prove that you have

medically improved since the last time you were receiving benefits before denying your claim. In contrast, if you file a new application for benefits, you must prove

that you are medically disabled for your claim to be granted.

It is important to promptly notify Social Security when you start or stop working because it could affect your benefits.

A New York Social Security lawyer can help. If you live in Queens, contact a Queens Social Security lawyer. If you live in Brooklyn, a Brooklyn Social Security lawyer. Bronx residents should contact a Bronx Social Security lawyer. If you

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Island Social Security lawyer. If you reside on Long Island, a Long Island Social Security lawyer. You should always contact a Social Security Disability lawyer for advice in this matter. If you have been hurt at work, a New York workers compensation attorney should be consulted, as well.

Repetitive Stress

REPEDITIVE-TRAUMA-INJURIES

Back Injuries are some of the most common types of workplace claims. They are either major and long lived or minor and short lived. The National Institute for Occupational Safety and health states that about 600,000 workers are injured every year. Back

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year back injuries cost about $50 billion dollars in terms of medical expenses, income loss, productivity loss and pain and suffering. These injuries are not only a sudden onset, they can also happen over time. Something that is common is called repetitive stress motion, and this occurs from lifting, pulling and or pushing heavy objects. These injuries are caused by an over use of muscles of the body known as micro traumas. These are common in most workers that have been partaking in strenuous labor. In particular, a lot of bending and twisting can cause this. They are also common in people that are doing sedentary jobs. Sitting for a long period of time can cause this. Poor posture while sitting at a desk can also cause repetitive stress motion injuries.

There are tiny tears that occur from this in the muscles, and ligaments. The back and neck become increasingly weak. Back injuries can also be a result of an accident such as twisting of

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medical attention and follow your company in their New York workers compensation procedures that are usually located in your handbook. Remember, any delay can aggravate the condition and necessitate a more extensive treatment if you need legal advice or help with the claim contact Queens New York workers compensation lawyers today.

What to Expect in a New York New York workers compensation claim
The insurance company that your employer uses will contact you in the event you file a claim. They will want to know information on your past medical history, your role as an employee and dates when the injuries began. Before the deposition, you should contact a Queens workers compensation lawyer to discuss how you will be answering these questions.

Tell them the truth and never lie. The worst mistake anyone can make is to lie. A deposition is a statement under oath and a lie under oath can ruin your entire case. It might be tempting to lie, and you might even think you have to. Ignore that temptation and tell them what really happened. Lies are always unearthed and chances are that won’t be good for you. Never guess if you don’t know how heavy the box was that you picked up then don’t guess about

it. Don’t guess about the ridge that you tripped over or anything like that. Why? The insurance company will investigate. They might even send someone out to view the area where the accident occurred. They will find out the weight of the boxes, and the area that you tripped over. If they can disprove your claim then they will. Do not fail to prepare and make sure that you have all prior statements and medical history available for the deposition. You need to make sure that you look everything over and that they are entirely relevant to the claim. Inconsistency will ruin your case so you have to make sure that you are on the ball. Next, when asked a question listen to it. You need to only answer the question that is asked. But you have to listen to the question if you don’t understand it, ask for it to be repeated. Then take your time and prepare an answer honestly and candidly.

Finally, review the discovery of both sides. There may be answer to it and there may be other depositions from your employer and coworkers. You have

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the right to review them. Never volunteer anything and simply answer the questions anything that you volunteer could and will ruin your claim. Again contacting a Queens New York workers compensation lawyer will get you the help you need and deserve in these cases. Always make sure that you are 100% legal in these cases.

How to stay safe this summer: Do you think you know how?

How to stay safe this summer: Do you think you know how?

With the end of school, the weather is getting warmer and seasonal work is beginning around the country. Recently, Restaurant News stated that the construction industry is the nation’s largest creator of summer jobs. Falling second is the restaurant industry which is the nation’s second largest source of summer employment.

Construction Is Dangerous Did you know that 19.3 percent of fatalities on-the-job in 2012 came from construction? According to the Occupational Safety and Health Administration research, there were 806 deaths in the field construction workers nationwide out of 4,175 total fatalities. The risk of death also increases in the summer time because of these projects and renovations.

Restaurant Industry Business Spikes and So Does Summer Injuries Unfortunately, the restaurant industry can also be a dangerous place during the summer months, especially when inexperienced workers take jobs. This is where specialized lawyers who are versed in workers compensation free sample pack cialis should be consulted. We offer information on: • Preventing fatalities due to the “Fatal Four” construction injuries • Preventing deaths and injuries within the restaurant industry • Preventing teen injuries on-the-job If employers practice safety,

workers can enjoy a relatively easy summer. Recently, Ohio State University provided information

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on preventing workplace injuries during summer jobs.The “Hierarchy of Control” is the system coined by researchers there. This system identifies five levels of controlling hazards. It begins with the most effective way to reduce workplace injuries. This includes: • Elimination: Removing the hazard completely from the workplace. In some cases, it is possible to entirely remove dangerous conditions or risk factors. • Substitution: Using a safer alternative

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Medical Guidelines

medical-guidelines

Medical Guidelines The Variance Process as put forth in the 2010 and 2012 New York Workers’ Compensation Board Medical Treatment Guidelines do not address the realities facing the Injured Workers’ of New York. Of course, if you get hurt at work in NYC you should consult a Bronx Workers Compensation lawyer, a Queens Workers Compensation Lawyer, a New York Workers Compensation lawyer, Staten Island Workers Compensation Lawyer or a Brooklyn Workers Compensation lawyer, or if on Long Island, a Long Island Workers Compensation lawyer. If you consult an attorney at Harris Ugalde & Rzonca, LLP, you can speak to a lawyer about this in either our Queens, Brooklyn or Bronx office. For injuries to the knees, shoulders, back and neck, medical treatment is authorized post-accident per the 2012 Medical Treatment Guidelines. The Workers’ Compensation Law dictates the care given to injured workers.

According to the Guidelines, (1) Medical care for workers’ compensation injuries to the neck, low back, mid back, shoulder, and knee must be provided in a manner “consistent with the MTG.” This is the standard for doctors and health care providers to follow. (2) “Consistent with the MTG” means that care is provided within the criteria and based upon a correct application of the MTG. What is “within the criteria” and “a correct application” is left open for the WCB’s WC Judges to interpret. While this may seem open-ended the general consensus from the Board and our experience in going to hearings is that the injured worker is given 3 months of accident treatment such as physical therapy and chiropractic care.

Anything beyond these three months are generally not considered approved by the guidelines. If the claimant undergoes surgery to the knee, shoulder, back and neck, then again the general consensus is the claimant is entitled to treatment for 3 months post-surgical. Again

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anything beyond these three months are generally not considered approved by the guidelines. A person however, is not a guideline but a living thing. People heal on their own time in many instances. What, however, does an injured worker do, when he or she is in need of continued treatment beyond these 3 months. To attempt to deal with this eventuality, the Board has implemented the Variance Process. The Variance Process states that the treating provider must file a form called an MG-1 for one procedure or modality, or an MG-2 for multiple procedures or modalities, for any treatment outside the guidelines that they feel is necessary. The carrier is therefore placed in an advantageous position by this process. Basically, it means that all care rendered is deemed to be unauthorized until an action by the medical provider. Therefore, the

burden is on the medical provider to meet the guidelines for a Variance in order to treat the claimant. Per the Workers Compensation Law, the medical provider requesting the variance has the burden of proof to show that the treatment requested is appropriate and

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medically necessary for the claimant. N.Y.C.R.R. Section 324.3(a)(2). The attending doctor requesting the variance must provide:

On the surface, it may seem not that difficult to obtain treatment as long as the Variance Procedure is followed. However, in practice, at the Hearings we attend for Queens Workers Compensation, Bronx Workers Compensation or Brooklyn workers compensation injured workers’ it is nearly impossible to meet the criteria of the Variance Process. Unfortunately, the realities of running a efficient Medical office act as barriers to complying with the Variance process. On each visit, the medical

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to create a medical necessity letter that details exactly why the claimant’s treatment is medically necessary. Often this a tedious process which is left to the carrier to decide whether the procedure is medically necessary. In order to not pay extra for care for the claimant, the carrier has a strong impetus to deny all statements of medical necessity pending a decision by the board. If this requirement is somehow overcome, the medical provider must then consult with the claimant to

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see if the claimant agrees to the proposed medical treatment. Oftentimes, when you are hurt at work nyc, the injured person may not understand why the treatment is being requested. Therefore there may be a delay in obtaining the very necessary treatment being requested. With regard to alternatives to the treatment being renders may fail, there are only so many treatments to be considered for injuries to a person’s neck, back, shoulders and knees. Therefore suggesting alternatives to the tried and true methods of

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physical therapy and chiropractic manipulation would likely prove difficult for a sprain and strain of a back or neck. With regard to the objective gains the injured worker expects to make by the proposed treatment, we argue that this again does not take into account the struggles of the injured worker. Sometimes, a person is simply in pain and needs care to deal with this pain. A person with a serious sprain and

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strain with positive diagnostic tests may be working with pain in order to put food on his or her table and continue to work. We argue that the Variance Process does not adequately address the realities of the injured worker and need serious revision in order to provide more effective treatment for the injured people of New York. It is always a good idea to consult a Bronx Workers Compensation attorney, a Queens Workers Compensation attorney, a New York Workers Compensation attorney, Staten Island Workers Compensation attorney or a Brooklyn Workers Compensation attorney, or if on Long Island, a Long Island Workers Compensation attorney. If you speak Polish, we have a Polish Workers Compensation attorney. If you speak Spanish, we have a Spanish workers compensation attorney. If you speak Russian, we have a Russian speaking workers compensation attorney.

CONTINUING DISABILITY REVIEW

CONTINUING DISABILITY REVIEW
The Social Security Administration (SSA) periodically reviews the case of every person who is receiving Social Security Disability (SSD) or Supplemental Security Income
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(SSI) disability benefits. This process is called a “continuing disability review” (CDR) and is intended to identify beneficiaries who may no longer qualify as disabled. If, during a CDR, the SSA finds that your medical condition has improved enough so that cialis levitra viagra you can work, your Social Security benefits will end. Since the Social Security laws are complicated and constantly changing, it is a good idea to consult a Bronx Social Security Disability attorney, a Queens Social Security Disability attorney, a New York Social Security Disability attorney, Staten Island Social Security Disability attorney or a Brooklyn Social Security Disability attorney, or if on Long Island, a Long Island Social Security Disability attorney. If you speak Polish, we have a Polish Social Security Disability attorney. If you speak Spanish, we have a Spanish Social Security Disability attorney. If you speak Russian, we have a Russian speaking Social Security Disability attorney

Frequency of Continuing Disability Reviews
How often your medical condition is reviewed depends on how severe it is and the likelihood it will improve. Your award notice tells you when you can expect your first review.
  • Medical improvement expected – if your condition is expected to improve within a specific time, your first review will be six to18 months after you started getting disability benefits.
  • Improvement possible – if improvement in your medical condition is possible, your case will be reviewed about every three years.
  • Improvement not expected – if your medical condition is unlikely to improve, your case will be reviewed only about once every cialis 60 mg five to seven cialis prostate years. This is most common if you are over 55.
SSA has a large backlog of cases it needs to review, so a CDR might be delayed. Harris Ugalde & Rzonca, LLP can help with your Social Security Disability claim.
Continuing Disability Review Process
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for review, SSA will send you a notice by mail as well as a Short or Long form requesting updated information on your condition, medical treatment and any work that you may have done. It is important to respond on time to SSA’s requests for information. If you do not cooperate, your benefits could stop.

The best way to prepare for a continuing disability review is to continue to see your doctors, mental health professionals, continue to take any medication, physical therapy, cognitive therapy, or other list of pharmacy university in canada treatments they prescribe. Ideally, you should keep a log book of all treatments and therapies you have undergone. In most cases, the decision will be based on the information from your doctors. But, if the medical evidence is not complete or current, you will be sent to a “consultative examination” which is an examination by a doctor that is paid for by the SSA.
What should I do if I get a notice ending my benefits after a CDR?
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front of an Administrative Law Judge (ALJ). You can also ask that your benefits be continued until your hearing. However, if the ALJ agrees with the CDR, you will have to repay these benefits. If you have additional questions about whether or not you are eligible for Social Security Disability benefits you should consult a Bronx Social Security Disability lawyer, a Queens Social Security Disability lawyer, a New York Social Security

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Social Security Disability

When the time comes to contemplate disability there is often confusion regarding which benefits to apply for or which benefits you are entitled to obtain. There is frequently a misunderstanding about Social Security Disability Benefits (SSD) and Supplemental Security Income (SSI) because they are both administered by the Social Security Administration. It is important to note that the programs are different and understand which benefits you are entitled to receive. Only individuals who have a disability and meet medical criteria may qualify for

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Security Disability attorney. If you speak Spanish, we have a Spanish Social Security Disability attorney. If you speak Russian, we have a Russian speaking Social Security Disability attorney For both programs a person must be found disabled. The term disabled for these purposes means having a condition that results in the inability to do any substantial gainful activity; and can be expected to result in death; or has lasted or can be expected to last for a continuous period of not less than twelve months. In order to be eligible for SSD you must be a disabled or blind individual and must have paid social security taxes to become insured for benefits. To qualify for SSD you must have worked long enough and recently

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credits to apply for SSD. However, a younger individual may require fewer credits to be eligible for SSD. In order to be eligible for SSI you must be a disabled or blind adult or child that has limited income and limited resources. SSI pays benefits based on financial needs. Income includes money you earned from work, money you receive from other sources and free food or shelter. Resources are things you own for example: cash, bank accounts, stocks, land, vehicles, property, life insurance or anything else you own that could be converted into cash. To qualify a person must have little or no income and few resources. The amount of benefits that a person will receive will be different if they receive Social Security Disability or Supplemental Security Income. When receiving SSD the monthly disability benefit amount is based on the individual’s social security earnings

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Can I sue my employer when I get hurt at work in NYC?

One of the most frequently asked questions amongst potential clients who have consulted Hurt at Work NYC have suffered injuries as a result of a work-related accident is whether Workers’ Compensation is a lawsuit against their employer. It is a common misconception amongst those hurt at work in NYC that when they get hurt at work that they must file a lawsuit in negligence against

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an employee’s right to sue their employer for damages for an on-the-job injury, an employee still has the right to sue a third party who may be responsible for their injuries. A lawsuit against a responsible third-party is referred to as a third-party lawsuit or third-party action. By pursing a third-party lawsuit, an injured employee may be entitled to compensation that they would otherwise not be entitled to under the Workers’ Compensation law. For example, a third-party lawsuit may entitle an injured worker to punitive damages

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and damages for pain and suffering. Common on-the-job accidents that often result in third-party actions included slip and falls, motor vehicle accidents and construction site accidents. Therefore, although Workers’ Compensation is not a lawsuit against ones employer, the facts surrounding an mobile tracker sms injured worker’s claim should always be evaluated thoroughly to discern whether there may be a potential third-party lawsuit. Again, it is always a good idea to consult a Bronx Workers Compensation attorney, a Queens Workers Compensation attorney, a New York Workers Compensation attorney, Staten Island Workers Compensation attorney or a Brooklyn Workers Compensation attorney, or if on Long Island, a Long Island Workers Compensation attorney.

Hurt at work?

Hurt at work

This firm was founded to protect the rights of people injured at work and to defend the disabled. This is the heart of the firm’s practice. As we have grown to one of the largest firms in New York handling Workers Compensation and Social Security Disability we have not forgot about what has made our firm sucessful– giving each client the personal attention they deserve. Experience, knowledge and

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Social Security Disability (SSD) benefits benefits are designed to replace income lost due to a serious and long-term medical condition, which prevents you from continuing to earn money from work, whether you are collecting Workers Compensation as a result of an on-the-job injury, or out of work due to a serious medical condition. In order to qualify for Social Security Disability (SSD / SSI) benefits, the condition that prevents you from working must cialis coupon card be expected to result in death or last for more than one year. If you are expected to recover from your condition in less than one year, you will not be eligible for benefits. In addition, not only must your condition prevent you from doing the work you did before you became ill or injured, but it must also prevent you from doing other work that exists in the national economy. If you develop a condition or suffer an injury that prevents you from working, Social Security Disability (SSD / SSI) benefits can be an absolute necessity. When you are found to be disabled under Social Security Regulations, benefits are paid under one of two programs or both. If you have sufficient earnings over the ten years prior to becoming disabled, then you will be paid through the Social Security Disability Insurance (SSDI) benefits program. If you do phd of pharmacy in canada not have sufficient earnings to qualify for SSDI benefits, then you may be able to receive benefits under the Supplemental Security Income (SSI) benefits. This is a need-based program for individuals who are disabled. You have to demonstrate the additional non-medical eligibility for SSI benefits. This is similar to demonstrating eligibility for welfare or other forms of aid. In some cases an individual will be eligible for SSDI benefits but their

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