Seeking Disability

Summary: This episode features expert insights into the federal appeals process for disability claims, emphasizing the importance of legal expertise and proper procedures. Dana Duncan shares his extensive experience in appellate work, guiding listeners through standards, procedures, and common pitfalls.

For more information, please visit duncandisability.com

Chapters:

00:00 Welcome Back to Seeking Disability

00:16 Appellate Process and Standards of Review

02:38 The Need for a Representative for Appellate Review

04:12 Phases of a Federal Appeal

06:37 What is the Timeframe to Appeal to a Federal Court?

08:50 Credits

Keywords:

disability appeals, federal court, legal process, appellate law, social security, legal tips, disability law, court procedures

Summary: This episode provides a comprehensive overview of the social security disability application process, including initial filing, appeals, and legal considerations. Hosted by Thomas and Dana Duncan, experts in disability law, it offers valuable insights for claimants navigating the complex system.

For more information, please visit duncandisability.com

Chapters:

00:00 Welcome Back to Seeking Disability

00:28 Initial Application

02:46 Reconsideration

04:00 Hearing Level

06:26 The Timeline for Initial Application and Reconsideration

11:02 What Happens If You Are Denied at Hearing?

13:44 Where Would You Find a Federal Appellate Attorney?

14:48 Credits

Keywords:

disability claims, social security, legal process, appeals, disability law, federal court, application tips

Summary: In this episode, Thomas and Dana Duncan discuss the complexities of Social Security disability claims, focusing on Step Five, where most claims are denied. They explain the role of vocational experts, the challenges within the current system, and the importance of having a knowledgeable representative to navigate the process. The conversation highlights the flaws in the system and the need for reform, while also providing insights into how individuals can better prepare for their claims.

For more information, please visit duncandisability.com

Chapters:

00:00 Introduction to Seeking Disability

00:29 Step Five 09:16 Vocational Experts

12:07 Is this a Good and Reliable System?

14:19 Is this the type of Claim that Someone Can Navigate on Their Own?

18:10 Credits

Keywords: disability claims, social security, vocational experts, Step Five, legal representation, claims process, residual functional capacity, job market, appeals, Social Security Administration

Summary: In this episode, Dana and Thomas Duncan discuss the intricacies of the Social Security disability claims process, focusing on the sequential process, residual functional capacity, past relevant work, the role of vocational experts, and the importance of transferable skills. They emphasize the complexities involved in navigating these topics and the necessity of having knowledgeable representation to improve the chances of a favorable outcome.

For more information, please visit duncandisability.com

Chapters:

00:00 Welcome Back to Seeking Disability

01:55 The Residual Functional Capacity

04:32 Step Four and Past Relevant Work

14:55 Transferable Skills

18:10 Practical Tips

21:29 Quick Recap

23:27 Credits

Keywords:

Social Security, disability claims, residual functional capacity, vocational experts, transferable skills, past relevant work, sequential process, disability law

Summary:

In this episode of Seeking Disability, hosts Thomas and Dana Duncan delve into the complexities of the Social Security disability process. They discuss the sequential process of evaluating claims, focusing on severe impairments, residual functional capacity, and the listings of impairments. The conversation highlights common misconceptions about disability claims, the importance of mental health documentation, and the necessity of legal representation in navigating the system. The episode concludes with a recap of key points and a preview of the next episode.

For more information, please visit duncandisability.com

Chapters:

00:00 Introduction to the Sequential Process

01:04 What is the Sequential Process Again?

05:07 Step Two - Severe Impairments

11:16 Exertional vs. Non-Exertional Limitations

17:06 Step Three - The Listings

22:31 Normal Misconceptions

27:24 The Benefits of Having a Legal Representative for Steps 2 and 3

28:40 Quick Recap

30:04 Credits

Keywords:

disability, Social Security, severe impairment, residual functional capacity, listings of impairments, mental health, misconceptions, legal representation

Summary: In this episode of Seeking Disability, hosts Thomas and Dana Duncan discuss various disability programs available to individuals, including Disability Insurance Benefits (DIB or SSDI) and Supplemental Security Income (SSI). They explain the qualifications for these programs, the nuances of survivor and widow's benefits, and the importance of understanding eligibility criteria. The conversation emphasizes the need for professional guidance in navigating the complexities of disability law.

For more information, please visit duncandisability.com

Chapters:

00:00 Introduction and Welcome

00:19 What Are the Different Types of Disability Programs?

01:26 What is Disability Insurance Benefits?

04:46 What is Social Supplemental Income?

07:58 What are Survivor's and Widow's Benefits?

10:29 What are Child and Adult-Child Benefits?

13:00 Ending and Credits

Keywords:

disability programs, disability insurance benefits, supplemental security income, SSI, survivor benefits, widow's benefits, child benefits, adult child benefits, social security, disability law

Summary:

In this episode of Seeking Disability, hosts Thomas and Dana Duncan discuss the importance of legal representation in the disability application process. They explore the nuances of Social Security law, the potential pitfalls of navigating the system alone, and the benefits of consulting an attorney at various stages of the application. The episode also covers the structure of legal fees, emphasizing that representation is contingent on winning the case, which alleviates upfront financial burdens for clients.

Chapters:

00:00 Introduction and Welcome

00:34 Do I Need an Attorney to Represent Me?

04:02 Wording Matters

06:33 How a Lawyer Can Help You with ALJs

07:47 What Does a Lawyer/Representative Cost?

10:15 Wrap Up and Credits

Keywords:

disability, legal representation, Social Security, application process, attorney fees

For more information, please visit duncandisability.com

Summary

In this episode of Seeking Disability, hosts Thomas and Dana Duncan delve into the complexities of Social Security disability determinations. They clarify that having a severe impairment does not automatically qualify someone as disabled under Social Security standards. The discussion emphasizes the importance of the duration of the condition, specifically that it must last for at least 12 months to be considered disabling. They outline the sequential evaluation process used by Social Security, which includes five steps to assess whether an individual can maintain full-time competitive employment despite their impairments.

The Duncans break down each step of the evaluation process, starting with whether the individual is working and if their impairment is severe enough to limit their ability to work. They explain the significance of the residual functional capacity (RFC) assessment, which evaluates the individual's ability to perform work-related activities. The episode also highlights the role of vocational experts in determining if there are other jobs available in the national economy that the individual can perform, especially if they cannot return to their past relevant work. Overall, the episode serves as a comprehensive guide for listeners navigating the often confusing landscape of Social Security disability claims.

Chapters

00:00 Welcome Back to Seeking Disability

00:11 What is a Severe Impairment?

02:16 The Sequential Process

04:56 Step Two - Severe Impairments

06:36 Step Three - Listed Impairments

09:02 Residual Functional Capacity (RFC)

12:47 Step Four - Past Relevant Work

15:03 Step Five - Can You Do Other Work That is Available?

19:38 Wrap Up and Credits

Keywords

Social Security disability, disability determination, severe impairment, residual functional capacity, vocational expert

To find out more, please visit duncandisability.com

Summary

In this episode of Seeking Disability, hosts Thomas and Dana Duncan discuss the intricacies of navigating the Social Security disability system. They share their personal journeys into disability law, explain what constitutes a disability, and outline the application process for benefits. The conversation emphasizes the importance of having a knowledgeable representative to assist in the claims process and encourages listeners to seek help if they are unable to work due to medical conditions.

Chapters

00:00 Introduction and Our Background

03:44 What is Disability?

05:15 Do I Qualify for Benefits?

08:52 What is the Process of a Disability Claim?

12:17 Do Claimants Need a Representative?

13:52 How Much Does a Representative Cost?

17:05 Final Thoughts

18:17 Conclusion

Keywords

disability, Social Security, application process, representation, benefits, law, claims, medical conditions, legal advice, support