Social Security Disability Law: News and Facts

Successfully becoming approved for either Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) with just an anxiety disorder is very challenging. In general mental disorders are difficult to prove. Many mental health issues can be controlled with medication or therapy. Most individuals who receive disability benefits for an anxiety disorder often have other disorders such as clinical depression , bipolar disorder, PTSD, or physical impairments. There are a few different types of anxiety disorders that are recognized by medical professionals. Even though each type has its own characteristics, they are all considered to be symptoms of anxiety. 1. Generalized Anxiety Disorder (GAD) – This is the most common type and is characterized by non-specific persistent anxiousness and concern with everyday matters. 2. Panic Disorder – This type is characterized by brief attacks of terror and fear that occur frequently with no warning. Symptoms during an attack include t...

Some researcher estimates that 10% of the poeple who were diagnosed with Covid-19 will end up with Long-Haulers Syndrome. With Covid-19 being a recent phenomenon, there is still a lot to learn. It will take doctors years to research how people need to be treated properly. I have been following a lot of message boards to keep up with Long-Haulers of Covid-19. It is very sad to read a lot of what people are posting. There are so many different symptoms people complain about. Doctors are sending people for many tests that come back normal. People complain that the doctors do not believe their complaints or are not helping relieve their pain. I think in the next few years medical problems from Covid-19 are going to cause people to quit their jobs or get fired.  The Social Security Administration should study the issue and update their policies. They should also give some guidance. To be eligible for Social Security Disability you must show that your disability will last atleast 12 mont...

Have you found it odd that a VA disability determination is not binding at all on the Social Security Administration? VA disability is different from Social Security in that the VA system issues ratings in percentages whereas Social Security is “all or nothing.” You can have a 70% VA rating but there is no equivalent in Social Security – either you are 100% disabled or you are not disabled at all.  Many vets think that qualifying for VA disability benefits automatically makes them eligible for Social Security Disability benefits. However, the two programs define disability quite differently. Both programs also have different applications processes.  In 2017, Social Security published new regulations saying that Social Security will no longer take VA approvals for disability compensation into account when deciding whether to grant disability benefits. In addition, written denials or hearing decisions from Social Security will no longer provide any information on whether the age...

This article lists almost 100 symptoms of covid-19 long-haulers syndrome. This is incredible. Many people who suffer from long-haulers did not have severe covid-19. Why has the body reacted to Covid-19 like this? It is fascinating to read so many articles on this subject, but it is also sad to read how many people are really suffering. Many times doctors do not know what to do. People will take multiple tests that show nothing is wrong. The US governement is going to need to spend billions of dollars to study ways to help long-haulers.     Out of 98 COVID Long-Hauler Symptoms, These 15 Are the Most Common (greatist.com)

Covid-19 is going to effect millions of people for a long time. Long-Haulers is not a myth. People are going to have physical pain, mental pain and doctors are going to have to research how to treat so many different scenarios.    Back to normal? Psychologists warn the pandemic could have lasting effects (nbcnews.com)

When you apply for  Social Security Disability benefits, there is a good chance that your application will be denied.  Frequently deserving cases will be denied because the Social Security claims rep does not have the right medical records or other documentation to fully evaluate your claim. So SSA will just deny your claim. If you are denied, do not give up.  You can and should appeal your denial by filing a request for reconsideration within 60 days after receiving your denial. If your reconsideration appeal is also denied, you can and should request a hearing before a Social Security judge. Here, too, you have 60 days to file an appeal. When you request a Social Security hearing, your case will be assigned to an administrative law judge in your community. Unlike the Social Security claims agents, Social Security judges have much more decision making power to approve your case. In most cases, you are better off retaining a lawyer to represent you in a hearing before a j...

Age can be a factor when it comes to deciding the outcome of your Social Security Disability case.  Social Security   has to consider age, because that is what the Social Security Act requires. As people get older, they become less adaptable, less able to switch to different jobs to cope with health problems. A severe back injury which might cause a 25 year old to switch to a job in which he or she can sit down most of the time, whereas a 60 year old person who could not make the adjustment to a different type of work. It is much more difficult for a person 49 and under to be approved for SSD or SSI than a person 50 or older.  The Social Security disability regulations provide that the Commissioner will not apply the age categories mechanically in a "borderline situation." 20 C.F.R. § 404.1563(a). The Commissioner considers a borderline situation to exist "when there would be a shift in results caused by the passage of a few days or months." Social Security Ruling 8...

  In determining whether or not you may be entitled to   Social Security Disability , the SSA uses a 5-step   sequential evaluation process. 1. The first step is whether you are working? Step 1 determines if an person is “working”, according to the Social Security Administration definition. Earning more than  this amount  a month as an employee is enough for disqualification from receiving Social Security Disability. 2. The second step is to determine if your condition is severe enough? Step 2 evaluates whether your medical condition is severe enough to significantly limit your ability to perform basic work activities. In addition, the impairment must last, or be expected to last, for a continuous period of not less than 12 months or result in death. 3. Does SSA list your condition as an impairment? Step 3 asks if the impairment meets or equals a medical “listing.” The Social Security Administration uses more than 150 categories of medical conditions, called “li...

What i f an individual does not have enough work credits to be insured for Social Security disability benefits? Fortunately, Social Security administers another disability program that is based upon need rather than insured status. Individuals who are not insured for Social Security disability benefits may be eligible for Supplemental Security Income Disability benefits (SSI) if they are able to meet the income and resource limits of the program and and a judge finds the person unable to work. SSI is like many other programs in that it has income and resource limits. Income might be wages, pension, disability benefits (short or long term), Workman’s Compensation, rental income, interest, etc., and a resource might be land (other than where an individual lives), inheritance, trust fund, bank account, 401K, stocks, bonds, etc). To qualify for SSI, you must have limited income and a few assets. Social Security requires recipients to have less than $2000.00 in assets, for a single person; ...

You can use this calculator from the Social Security Administration to give you a general idea of what you may receive if you are successful in collecting SSD benefits. http://www.ssa.gov/OACT/quickcalc/index.html This calculator is a little more time consuming, but it will give you a better estimation of what you may receive if you are successful in collecting SSD benefits. http://www.ssa.gov/retire2/AnypiaApplet.html If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.

  SSI Disability   stands for supplemental security income. In terms of disability, SSI is designed to provide disability benefits for those people who have either never worked or for people based on their work history and earnings, were once covered for social security disability, but, due to decreased earnings or a lapse in their work history, are no longer covered. And, finally, SSI serves to guarantee that individuals who are found disabled receive a guaranteed minimum monthly benefit. This would be for an individual who has worked enough to be insured for social security disability, but whose earnings were fairly low. This individual may be able to receive concurrent benefits; in other words, both social security disability and SSI Disability benefits. SSI Disability is different from SSD (social security disability) in the sense that it is a needs based program. To be eligible to receive SSI Disability benefits, a disabled individual cannot have countable assets in exces...

     In this story I am attaching it says that 1 in 11 people at some point in their life will suffer  some  form of PTSD. That statistic is mind blowing to me. If you read this article please tell me  if you agree that this type of treatment could help with PTSD.   New Virtual Reality Technology  to Treat PTSD Enters Clinical Trials | University of Central Florida News (ucf.edu)      Post-traumatic stress disorder (PTSD), or post-traumatic stress injury (PTSI), is an anxiety  disorder that usually occurs after a person has been involved in a traumatic event, such as  military combat, sexual assault, childhood abuse, a severe car accident, or a natural disaster.  Those with PTSD commonly experience nightmares, flashbacks, or panic attacks that  seriously interfere with everyday life. Some people will think obsessively about their past  trauma, while others will become emotionally numb and avoid thinking...

If you live with multiple sclerosis and are unable to work due to an MS-related disability and/or other conditions, you might be entitled to Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. Multiple Sclerosis, is a disease that occurs when the fatty myelin sheaths surrounding the axons in the brain and spinal cord are damaged by attacks from the body’s own immune system. Put simply, Multiple Sclerosis causes the immune system to destroy the coatings of nerve channels, shorting out nerve signals and limiting the capacity of the spinal cord and the brain to correspond with each other. The Social Security Administration (SSA) has identified multiple  sclerosis as a chronic condition or “impairment” that could cause disability severe enough to prevent a person from working and therefore could qualify him or her for disability benefits through Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). The SSA has establi...

This is an interesting article on the response a person gets after being diagnosed with Covid-19 and than later receiving the vaccine. Some long-haulers have started to have relief after getting the vaccine.    Antibody Responses in Seropositive Persons after a Single Dose of SARS-CoV-2 mRNA Vaccine | NEJM

  Every case is different; no list will contain EVERY question an administrative law judge might ask, and the questions may not be asked in exactly this way, or in this order, but this information should help prevent you from feeling like questions are coming at you from “left field.” Going over this list will also spur you to think about things you might not have previously considered (such as how long you can sit, stand, walk or concentrate). You will NOT be asked every single question on this list and it is NOT useful to try to memorize answers to the questions. Just read over the list in the days before your hearing. Of course, this list should NOT be construed as legal advice pertaining to your case, and by providing it, I am not acting as your lawyer. My intention is just to provide some really helpful, general information. I. INTRODUCTORY INFORMATION Name – address – date of birth Marital Status and maiden name Former spouse information Do you live in a house, apar...

Social Security insured status depends completely upon quarters of coverage, a.k.a. work credits, for both fully insured and disability insured status. To be fully insured, you need at least one quarter of coverage for each year after the year you turned 21 and the earliest of the following: the year prior to your turning sixty-two, the year before you die, or the year you became disabled. The minimum amount of quarters of coverage needed to be fully insured is six quarters of coverage and the maximum needed is forty quarters of coverage. Each year, an individual has the potential of earning four quarters of coverage through their work activity. Social Security establishes a monetary amount each year for a quarter of coverage. The amount of quarters of coverage or work credits that an individual earns has a direct affect upon their disability insured status. Whether or not a claimant meets the medical disability listing set out by the Social Security Administration (SSA), to be eligibl...