Delray Beach was originally a farming community. Early in the 20th century, Japanese immigrant George Morikami formed the Yamato Colony, which has now become home to the Morikami Museum and Gardens. Although smaller than Boca Raton, this beautiful city has caught up in recent years and now boasts a population of 60,000.00. The arts and cultural district along Atlantic Avenue has become a successful attraction, with many galleries and unique retail establishments. The Delray Beach Open, held annually at the Delray Beach Tennis Center, is a world class tennis tournament, which draws national and international attention.
Delray Beach Social Security Disability Attorney Randy Zeldin offers free consultations regarding appeals of Social Security Disability claims. Like any other insurance coverage, Social Security Disability coverage lasts for a limited period after an individual stop working. The maximum length of coverage is 5 years, but for individuals who worked only sporadically before they ceased working altogether, that period can be substantially less. To be insured for purposes of being eligible for Social Security Disability, an individual must generally show 20 quarters or 5 years of work in the 40 quarters or 10 years immediately preceding when the person stopped working. An individual who is no longer insured cannot be paid a disability benefit and is not eligible for Social Security Disability but may be eligible for Social Security Income.
Another hurdle in obtaining Social Security Disability benefits is to demonstrate that an individual cannot engage in “Substantial Gainful Activity.” If an individual is earning over $1,100.00 per month, the law generally presumes an ability to work. Someone earning approximately $1,100.00 per month would have to demonstrate that he or she was working to maximum capacity and was unable to earn additional monies. This complicated issue involves obtaining medical evidence which demonstrates that an individual is working at maximum capacity. Delray Beach Social Security Lawyer Randy Zeldin, Esq. is experienced in working with Social Security Disability Claimants and their physicians, to obtain appropriate evidence.
When a Social Security Judge determines whether a Social Security Disability claimant is engaged in Substantial Gainful Activity,” she must assess whether the work is both substantial and gainful. Sometimes, the work activity is subsidized or is “sheltered employment,” meaning it is provided by a social service agency and is geared to accommodate individuals with disabilities. In this circumstance, “sheltered employment” would usually not qualify as “substantial gainful activity,” as the work tasks are modified and not what is normally found in the competitive labor market. Also, substantial gainful activity may not be found by a Social Security Judge for an individual who is blind but is receiving funds known as “Blind Work Expenses,” which would not be deemed as earnings. Delray Beach Social Security Attorney Randy Zeldin has represented many Social Security Disability claimants in Delray Beach, Boca Raton and West Palm Beach, in which the issue of “Substantial Gainful Activity” is an issue for the Court.
If a claimant has the residual functional capacity to perform the physical and mental demands of her past relevant work, the claim for Social Security Disability will be denied. What is “past relevant work?” Past relevant work is any work the claimant performed, on or “off the books,” within 15 years prior to the date of the alleged onset date of disability. The Social Security Administration will look to the Dictionary of Occupational Titles, to assess the mental and physical requirements of any past relevant work. The Dictionary of Occupational Titles is published by the United States Department of Labor and can be found on line at www.oalj.dol.gov.
Delray Beach Social Security Attorney Randy Zeldin, Esq. is available for free in-office consultations on Social Security Disability matters for Delray Beach, Boca Raton and West Palm Beach residents. Please call now to schedule your free, in-office consultation.
The Boca Raton law office of Attorney Randy Zeldin, Esq. is conveniently located on 6111 Broken Sound Pkwy NW, #200.
The West Palm Beach law office of Attorney Randy Zeldin, Esq. is conveniently located on 1401 Forum Way, #600.
Contact us online or call (877) 839-4243 today for a free and confidential consultation!