What issues will the court consider in a Social Security Disability case?
The issue before the Court in a Social Security Disability case will be whether the Claimant is “disabled” within the meaning of the Social Security Act, Sections 216(i), 223(d) and 1614(a)(3)(A)as amended. “Disability” is defined as the “inability to engage in any substantial gainful employment by reason of any medically determinable physical or mental impairment or combination of impairments that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve months”.
With respect to the claim for a period of disability and disability insurance benefits, there may be an issue as to whether the insured status requirements of sections 216(i) and 223 of the Social Security Act are met. The claimant’s earnings record must show that the claimant has acquired sufficient quarters (“Date Last Insured, or, DLI”) to remain insured through at least the claimant’s alleged date of onset of disability.