Your disability diminished that functional capacity in some way, and that loss could be both invisible and difficult to prove. Before your disability began, you were physically, mentally and emotionally able to work at your full Functional Capacity (FC). First, the SSA needs to know what you currently can or cannot do, specifically as a result of your disability. You’ll need to show the SSA convincing medical evidence that proves your disability prevents you from working for 12 months. (A non-AMS provider is anyone who the SSA doesn’t consider to be an Acceptable Medical Source, such as a group therapist.) Since your treating doctor’s opinion doesn’t count more than a Disability Determination Services (DDS) doctor’s does, what should you do? Keep reading… What Does “Residual Functional Capacity” Mean? You’d include copies of your medical records, along with any non-AMS provider opinions from people that supported your disability claim. That letter could outline physical, mental and emotional limitations caused by your condition that fit the SSA’s specific disability definition. Previously, you could’ve asked your doctor to write a medical opinion letter detailing your disabling symptoms (both visible and invisible). If you find yourself in need of a disability attorney, I highly recommend this firm.New Social Security rules went into effect in March 2017 that changed which evidence matters most in getting benefits approved. Dell & Schaefer Law Firm have a well-deserved reputation of taking on big disability insurance companies and winning for their clients. Why would you recommend Dell Disability Lawyers?Įxperts in non-ERISA and ERISA disability law. I am very grateful to have had the representation of attorney, Steven J. Dell, my application for long term disability would have been rejected. My claims were approved on the initial application! I know that it was due to the diligence of my attorney, Steven J. He was meticulous in guiding me through the process leaving no stone unturned. Dell and his assistant, Merlin Bryan were always available via phone or email to answer any questions that I had regarding my application for long term disability. He told me that he would put 100% effort to get me on claim. Dell, who after hearing my story decided to personally work with me. Within 24 hours of contacting Dell Disability Lawyers, I received I call back and an appointment was made with Steven J. I decided to contact Dell Disability Lawyers after reading their clients reviews and watching videos on their website. If you have any questions regarding a residual disability claim, please contact us at your convenience.Īfter exhausting all efforts to find a local disability law firm to assist me with submitting claims for LTD non-ERISA and ERISA disability insurance policies, I resorted to a Google search for disability law firms. The last thing you really need to be aware of with a residual disability claim is that there are many policies that require you to be totally disabled for a certain period of time before you can claim residual disability. So if you’re considering a residual disability claim, there are lots of issues that you should be aware of and there are often many things that you can do to maximize your recovery under a residual disability claim. Some examples of things they’ll ask for could be your tax returns for the past five years, your monthly profit and loss statements for the past two or three years, copies of your physician, copies of your production reports, and sometimes they’ll even go as far as asking for bank account statements. Calculation of your residual disability benefit can be complicated because the disability carrier will often ask you for a lot of information. So if your benefit was $5,000 and you had a 50% loss of income, you would receive $2,500 a month monthly benefit. Residual disability is often defined as the inability to perform one ore more duties of your occupation, or it can be defined as unable to perform your duties for the same amount of time as you used to be able to perform them.Īn example of how you would calculate a residual disability income would be if you were working 50% of the time you used to work and you’re making 50% of your pre-disability earnings, then you would receive 50% of your benefit because you had a 50% loss of income. Many people will claim residual disability because of the fact that they’re disabled, yet they continue to work in their occupation. Residual disability is a complicated provision that’s contained in many long-term disability policies. Disability attorney Gregory Dell discusses what a residual disability income claim is and what a claimant should be aware of before filing a residual disability income claim.
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