Seeking Disability

Thomas Duncan

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The Do(s) and Don't(s) of Applying for Social Security Disability

Tập 1

Welcome to Seeking Disability

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

19 phút
Tập 2

Episode 2 - The Sequential Process of Evaluating an SSA Claim

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

20 phút
Tập 3

Episode 3 - Do I Need a Representative/Attorney?

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

11 phút
Tập 4

Episode 4 - Do I Qualify for Disability?

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

14 phút
Tập 5

Episode 5 - Severe Impairments and the Listings

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

31 phút
Tập 6

Episode 6 - The Residual Functional Capacity and Past Relevant Work

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

24 phút
Tập 7

Episode 7 - Step Five and Other Work

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

19 phút
Tập 8

Episode 8 - The Stages of a Disability Claim

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

15 phút
Tập 9

Episode 9 - The Federal Appeals Process

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

9 phút

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The Do(s) and Don't(s) of Applying for Social Security Disability

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Thomas Duncan
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