Are You Disabled? How the Social Security Administration Decides

To decide whether you are disabled, the Social Security Administration uses a step-by-step process involving five questions. They are:

1.   Are you working? If not, there are no barriers to applying. If so, you may still be able to apply, depending on your hours, duties and wages.

 2.   Is your condition "severe"?  Your impairment or combination of impairments must seriously affect your ability to work. Additionally, it must be an impairment, or combination of impairments, that must have lasted or can be expected to last for more than 12 months, or be expected to result in your death. 

 3.   Is your condition found in the list of disabling conditions? For each of the major body systems, there is a Listing of Impairments that are so severe they automatically qualify you for disability. A Listing Impairment, however, is not required to obtain disability benefits.

4.   Can you do the work you did previously? If your condition is severe but not as severe as a medical condition on the list, then it must be determined if it interferes with your ability to do the work you did previously.

5.   Can you do any other type of work? If you can’t do your past work, then the Social Security Administration looks at whether you are able to adjust to other work based on your medical condition, age, education, past work experience and any transferable skills you may have.

As usual, every situation is unique.  Please consult with a Charlottesville attorney for specific details.

Firm Partner

Mary Ann Barnes
Tucker Griffin Barnes PC.
Charlottesville, VA

434-973-7474
MBarnes@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Motorcycle Accident?

Motorcycle Accident?

With warmer weather as well as higher gas prices, more people are taking to the roads on motorcycles. While motorcycles are an enjoyable and low-cost way to get around, motorcyclists are at higher risk for crashes because other drivers often don’t keep a proper lookout for motorcycles and the bike offers only limited physical protection.

Injuries suffered in a motorcycle crash can be devastating. Even worse, they can result in the loss of life. The medical bills, lost income, and pain and suffering associated with these accidents place a heavy burden on injured motorcyclists and their families. If you or a loved one has been involved in a motorcycle accident caused by the negligence of another, consult a Charlottesville Personal Injury Lawyer.

Our attorneys have handled motorcycle accident cases arising out of a wide variety of circumstances. These include vehicle condition and speed, alcohol or drug use, road conditions and obstructions, traffic, weather and even when both parties may be charged in the accident. Our lawyers are experienced, not only in the courtroom, but as negotiators, in mediation, and in arbitration. They understand the Virginia laws that protect motorcyclists and have experience building successful cases for motorcyclists injured through the negligence of others.

If you’ve been involved in a motorcycle accident, here are a few things to remember:

·  Do not fix, repair or dispose of your damaged motorcycle without talking to an attorney. Also, be sure to take photographs of all damage to the bike.

·   Your bike can help prove your case.  An accident reconstruction expert may be asked to examine your motorcycle and look for physical evidence which may prove fault on the part of the vehicle that struck you or ran you off the road.  Occasionally a motorcycle accident happens because the motorcycle itself was defective.  Unless you keep your bike in its immediate post-accident condition, your attorney may have difficulty proving a mechanical or structural defect.

·   Store the damaged bike under cover and keep it secured.  The fewer people who have access to it the better.  The defense may contend someone besides you altered or damaged the bike in some way after the accident.  Never give the motorcycle to the vehicle manufacturer for “testing” without consulting a lawyer first.

·   Keep all owners’, maintenance, and repair manuals for your motorcycle as well as all warranty documents whether or not your bike is a total loss.

·   Occasionally a witness will approach you after an accident to render aid or tell you he saw your accident happen.  If you are physically able to do so, get the witness’ name, address and phone number. Don’t count on the police investigators to record or keep this information. 

Useful insight now = knowledge when you need it later.

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com
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