Defendant's Attorney: Kerry Jane Keefe, Erin Highland, and Zachary Berkoff-Cane

Description: Tacoma, Washington social security disability lawyer represented the Plaintiff seeking review of the denial of his application for Social Security: DIWC/DIWW by HHS.

"Social Security Disability law is a complex area of law that governs the eligibility requirements and benefits for individuals with disabilities. There are two main Social Security Disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

To be eligible for SSDI, an individual must have worked and paid Social Security taxes for a certain period of time before becoming disabled. Additionally, the individual's disability must be severe enough to prevent them from working for at least one year.

To be eligible for SSI, an individual must have low income and few resources. Additionally, the individual's disability must be severe enough to meet the Social Security Administration's (SSA) definition of disability.

The SSA has a listing of impairments in its Blue Book that are considered to be disabling. If an individual's condition is listed in the Blue Book, they will automatically be considered disabled. However, even if an individual's condition is not listed in the Blue Book, they may still be eligible for disability benefits if their condition is severe enough to prevent them from working.

To apply for Social Security Disability benefits, an individual must complete an application and submit medical records and other evidence to support their claim. The SSA will then review the application and determine whether the individual is eligible for benefits.

If the SSA denies an individual's claim, the individual can appeal the decision. The appeals process can be complex and time-consuming, so it is important to seek legal assistance if an individual is considering appealing a denial.

Here are some of the key concepts in Social Security Disability law:

Disability: The SSA defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment 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.
Substantial gainful activity (SGA): SGA is defined as any activity that is both physically and mentally demanding and that is generally performed for pay or profit. The SSA considers the following factors when determining whether an individual is engaged in SGA: the amount of work the individual is doing, the duration of the work, and the earnings from the work.
Medical determinable impairment: A medically determinable impairment is an impairment that can be diagnosed and evaluated by a medical professional. The SSA considers the following factors when evaluating a medical determinable impairment: the severity of the impairment, the impact of the impairment on the individual's ability to function, and the prognosis for the impairment.
Residual functional capacity (RFC): The RFC is an assessment of the most demanding work-related activities that an individual can perform on a sustained basis. The RFC is based on the individual's medical condition, age, education, and work experience.

If you have any questions about Social Security Disability law, you should contact an experienced Social Security Disability attorney."

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Outcome: 10/20/2023 22 ORDER signed by Judge Theresa L Fricke. The Commissioner's final decision is AFFIRMED, and this case is DISMISSED. (GMR) (Entered: 10/20/2023)
10/20/2023 23 JUDGMENT BY COURT in favor of Commissioner of Social Security against Robert Joseph Compo, Jr (GMR) (Entered: 10/20/2023)

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