Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 1:22-cv-02258
Judge: N. Reid Neureiter
Court: United States District Court for the District of Colorado (Denver County)
Plaintiff's Attorney: Josephine Gerrard
Defendant's Attorney: M. Thayne Warner and Richard W. Pruett
Description: Denver, Colorado social security disability lawyer represented Plaintiff seeking review of the denial of his application for Social Security - SSID Title XVI benefits by HHS.
The Social Security Administration (SSA) administers two programs that provide benefits based on disability: the Social Security disability insurance program (title II of the Social Security Act (Act)) and the Supplemental Security Income (SSI) program (title XVI of the Act).
Title II provides for payment of disability benefits to disabled individuals who are "insured" under the Act by virtue of their contributions to the Social Security trust fund through the Social Security tax on their earnings, as well as to certain disabled dependents of insured individuals. Title XVI provides SSI payments to disabled individuals (including children under age 18) who have limited income and resources.
The Act and SSA's implementing regulations prescribe rules for deciding if an individual is "disabled." SSA's criteria for deciding disability may differ from the criteria applied in other government and private disability programs.
Definition of Disability
For all individuals applying for disability benefits under title II, and for adults applying under title XVI, the definition of disability is the same. The law defines disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) 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.
Disability in Children
Under title XVI, a child under age 18 will be considered disabled if he or she has a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months.
What is a "Medically Determinable Impairment"?
A medically determinable physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques. The medical evidence must establish that an individual has a physical or mental impairment; a statement about the individual's symptoms is not enough.
The Disability Determination Process
Most disability claims are initially processed through a network of local Social Security field offices and State agencies (usually called Disability Determination Services, or DDSs). Subsequent appeals of unfavorable determinations may be decided in the DDSs or by administrative law judges in SSA's Office of Hearing Operations (OHO).
Outcome: 07/28/2023 23 OPINION AND ORDER. The Commissioner's decision is AFFIRMED. Plaintiff's Complaint (Dkt. # 1 ) is DISMISSED. By Magistrate Judge N. Reid Neureiter on July 28, 2023. (rvill, ) (Entered: 07/28/2023)
07/28/2023 24 FINAL JUDGMENT by Clerk re: 23 Opinion and Order on July 28, 2023. (rvill, ) (Entered: 07/28/2023)