Social Security Disability Law: News and Facts

Gout is a chronic condition that causes recurring episodes of acute inflammatory arthritis. Gout involves redness, tenderness, stiffness, and swelling of the affected joints. If the big toes become infected, it is sometimes referred to as podagra. If you suffer from chronic gout and it impacts your ability to work, you may be eligible for Social Security Disability benefits if your gout meets the requirements of the Social Security Administration’s (SSA) listing for inflammatory arthritis. The symptoms can vary greatly, ranging from very mild to severely debilitating. People of all ages can suffer from gout. And while many may suffer from a mild case on occasion, you may be one of the individuals who suffer from a chronic condition that impacts your life day after day. There are several medical tests that are used to diagnose gout, including blood tests, urinalysis, x-rays, scans, and more. These test results should be included with your disability claim. The SSA may order a medical ev...

The amount of back pay you receive may vary considerably depending on the length of time it took for you to get approved and your determined disability benefits amount. If you’ve already found out how much your monthly benefit will be, you can easily calculate how much back pay you’ll receive by multiplying your monthly payment by the number of months between applying for benefits and when you were approved (minus, of course, the standard five-month waiting period).  You can look up your monthly benefit on the Social Security Administration website.  For example, let’s say you initially applied for SSDI benefits in January of 2019 and were denied (like most first-time applicants). Let’s say it took five months for you to receive the denial. In June 2019, you requested a reconsideration review. This took another three months, putting you in September 2019.  Your reconsideration review was also denied (again, a very common occurrence), so you requested a disability hearing....

You survived the initial COVID-19 infection and you’ve tested negative for the virus. Yet, you continue to have symptoms that significantly impact your life. Your doctor has identified you as a COVID-19 long-hauler, and you may be eligible for Social Security disability benefits. Millions of  COVID-19 patients have become long-haulers. So far, researchers don’t know why some people suffer from long COVID-19 and other people make full recoveries. Everyone who contracts COVID-19 is at risk of becoming a long-hauler. It doesn’t matter how old you are, whether you had a mild corona virus infection or you were hospitalized with severe illness, or whether you have underlying conditions. Some of the ongoing symptoms experienced by COVID-19 long-haulers include: -Brain fog. Many COVID-19 long-haulers experience brain fog. Brain fog can be debilitating and make a person confused, forgetful, or unable to concentrate. -Coughing and shortness of breath. Some people with long COVID-19 continue ...

 Medical experts are beginning to identify some of the potential Covid-19 long-term health effects. Both people who had severe symptoms from Covid-19 and those who experienced mild coronavirus symptoms can be Covid-19 long haulers or suffer post-Covid-19 syndrome. Some of the most serious health complications may include: 1. Lung problems. Many people experience respiratory issues while they are actively sick. However, evidence suggests that the pneumonia that often results from Covid-19 can damage the lung’s tiny air sacs (alveoli), leading to scar tissue and long-term breathing issues. 2. Heart problems. Heart problems, including heart inflammation, may be evident even months after a person is recovered from the virus. Heart failure and other cardiovascular issues are possible. 3. Neurological problems. Covid-19 can cause strokes, seizures, and Guillain-Barre Syndrome. Additionally, Covid-19 may increase a person’s risk of developing Parkinson’s disease and Alzheimer’s disease. 4...

  University of Michigan: Severe COVID cases likely to be followed by long-haul symptoms (clickondetroit.com) The Univerysity of Michigan is studying the after effects of having Covid-19. Long-Haulers Syndrome is going to have to be studied alot because so many people in the world and in the US are going to suffer from it. I have been following many blogs on this issue. Many people complain of multiple symptoms, but testing reveals normal results. Not everyone can be lying about their medical problems. It is going to be many years before this disease is understood. Covid-19 Long Haulers Clinics are beginning to start at many research hospitals to learn and treat the many problems people are now having after Covid-19. Many people have been unable to go back to work. Some people may never go back to work.  If you suffer from Covid-19 Long Haulers Syndrome and you do not think you will be able to work or you will be off of work for atleast 12 months than you should apply for Soci...

The Social Security Disability program is available for those individuals who are not of retirement age but are unable to work due to a physical and/or mental condition. There are two types of Social Security Disability programs. One is based on your work history  (SSDI) and the other is based on your current financial resources (SSI). Both programs share the same medical requirements but differ in terms of their technical qualifications. Supplemental Security Income (SSI) does not require you to have worked and paid taxes into the social security system to qualify. The qualification requirements for this program look at your current financial situation while also determine your medical eligibility. To qualify for SSI, you must meet both financial requirements along with certain medical requirements. SSI looks at both your income and assets when determining if you meet the financial requirements. The asset limit for individuals is $2,000 while for a couple it is $3,000. Excluded fr...

You may qualify for Social Security Disability benefits or SSI payments if you’re blind or you have low vision. SSA considers you to be blind if your vision can’t be corrected to better than 20/200 in your better eye or if your visual field is 20 degrees or less in your better eye for a period that lasted or is expected to last at least 12 months. If your vision doesn’t meet Social Security’s definition of blindness, you may still qualify for disability benefits if your vision problems alone, or combined with other health problems, prevent you from working.  As you can imagine, having limited vision poses a huge barrier to employment. There are two general ways you may be found disabled based on legal blindness. The first way is meeting or equaling one of Social Security’s Listings. The second way is to show due to your vision loss you are unable to perform both your past work and also any other type of work in the national economy. While not as severe as complete blindness, low vi...

Diabetes is a medical condition wherein an individual’s blood sugar or glucose levels are too high. Glucose is the body’s main source of energy. Insulin helps to break down the glucose into energy for your body. Oftentimes, your body either produces too much insulin or not enough insulin. In those cases, the glucose is not broken down into energy. There are two types of diabetes: type I and type II. Type I diabetes occurs when the body does not produce insulin. This type of diabetes is generally diagnosed in children and young adults. To treat this condition, you will need to take insulin daily. The second type of diabetes is type II. This condition occurs when your body may produce insulin, but it does not produce it well. Meaning, your body may be producing too much insulin or not enough, but it does produce some. This condition is the most common form of diabetes and can be diagnosed at all ages — although it is commonly diagnosed in people who are middle-aged to older. Unbalanced i...

 The Social Security Administration, or SSA, evaluates all claims with a five-step sequential evaluation process. Steps 4 and 5 of the evaluation are the most commons ways an individual is found disabled. Meaning, these ways meet the SSA’s definition of disability requiring an individual to be incapable of performing work at substantial gainful levels for a minimum of 12 months. Steps 4 and 5 of the evaluation consider whether the individual is able to not only perform his/her past relevant work but also whether he/she is able to perform any other work listed in the national economy. In determining whether you are capable of working, the SSA will first determine your physical or mental capabilities, known as your residual functional capacity, or RFC. Your RFC is the MOST you can do in spite of your medical conditions, not the least but the most.  You will be evaluated on not only how much you can and carry, but on how much you can walk, sit, stand, reach overhead, bend over, a...

  At least  34 million Americans  (and probably many more) have already contracted COVID. An increasing number of studies find that  greater than one fourth  of patients have  developed   some  form of  long COVID . Symptoms have now continued for many months with no apparent end in sight, with many survivors fearing that they will simply have to adjust to a “new normal.” More and more sufferers have not been able to return to work, even months after their initial illness. While the number of patients with persistent illness remains undetermined this early in the pandemic, estimates suggest that millions of Americans may enter the ranks of the permanently disabled. This article list 200 possible symtptoms peopel are having after Covid-19.  Long Covid Has Over 200 Symptoms And Leaves 1 In 5 Unable To Work, Study Finds (forbes.com) These symptoms are going to cause many people to give up working and trying to apply for Social Security Disa...

  How Non-compliance Affects your Disability Application When making a disability application, the SSA checks what treatment was recommended by your doctor and if you have followed the recommended treatment plans. Failure to comply, such as not taking prescribed medication, not undergoing a recommended surgery, or a lifestyle change (such as advice to cease smoking or use of alcohol) can cause your disability application to be denied. There are 4 circumstances under which non-compliance with treatment can lead to a denied disability application.  These are: -You have an impairment that is preventing you from working full-time -Your condition is expected to last for at least 12 months, or result in death -You've been prescribed treatment by the doctor that if taken correctly, would fully restore your ability to work -You have refused to follow the prescribed treatment plans When considering these circumstances, it is important to note that the recommended treatment for your con...

Researchers are still investigating all of the possible cardiac conditions COVID-19 patients may suffer. However, as of March 2021, research indicates that COVID-19 may cause heart muscle damage that increases the risk of heart failure, blood clots or blood vessel problems that may increase the likelihood of heart attacks and atrial fibrillation. If your COVID-19 infection causes you to be unable to work for at least 12 months or is likely to result in your death, then you may be eligible for Social Security disability benefits. However, even with your recent diagnosis from the coronavirus infection that caused a worldwide pandemic, you must still submit a complete application to the Social Security Administration or risk having your application denied. COVID-19, the disease caused by the SARS-CoV-2 coronavirus, can damage heart muscle and affect heart function. There are several reasons for this. The cells in the heart have angiotensin converting enzyme-2 (ACE-2) receptors where the c...

For every single case  SSA  uses the Five-Step Sequential Evaluation Processto  determine whether an applicant is disabled .   The steps are followed in order.    Each step is a question geared to determine the significance and measure of your impairment, as it affects your ability to work full time.  If it is determined that the applicant is “disabled” or “not disabled” at any step of the sequential evaluation process, the evaluation will end without going on to the next step. It is a sequential process, meaning that if at any step you are determined either disabled or not disabled, the process stops and disability is either awarded or denied. Step 1: Are you working? If you are working, and your earnings averaged more than $1,260 per month last year (during the year 2020), that is considered Substantial Gainful Activity, and Social Security probably won’t consider you to be disabled. Social Security Regulations explain “substantial gainful activity” ...

This program is designed for adults who have worked and paid into the Social Security system through FICA taxes. Often referred to as SSDI or DIB, it provides benefits for workers who become disabled due to a physical or mental impairment. The disability must be severe enough to prevent you from earning a “substantial” amount of money through work, or it must be one that has prevented or will prevent you from earning for at least 12 months. By “substantial,” the Social Security Administration means that you may not earn over $1310 per month, or $2190 per month if you are blind, to receive benefits under this program. These amounts apply to 2021, and change each year, according to economic conditions. To qualify for benefits under this program, you must have worked in the past and contributed to Social Security through FICA taxes or Self-Employment taxes. How long you must have worked, and how recently, depends on your current age. For most applicants over the age of 31, you must have w...

Sarcoidosis is a disease that involves the collection of inflammatory cells in different parts of your body. These cells, or granulomas, often form in the lungs, lymph nodes, eyes and skin, although any organ can be affected. This is a spontaneous disease with unknown causes. For some, the granulomas will disappear on their own. In other more severe cases, the condition can be quite disabling, especially if it is present in the lungs. The lungs are typically the first organ to develop sarcoidosis, with approximately 9 out of 10 cases beginning there. If you’re wondering what is sarcoidosis and if you’re suffering from the symptoms of sarcoidosis in your lungs, you may be experiencing shortness or breath or dyspnea, persistent cough, or even skin rashes. Other symptoms may include weight loss, fatigue, fever, and night sweats. Your medical provider will typically diagnosis this condition by reviewing your medical history, performing routine tests and a physical examination, and obtainin...

SSI is a program that is different from the Social Security Disability Insurance (SSDI) program and is also administered by the Social Security Administration. Unlike with SSDI, you need not have worked and contributed FICA taxes to qualify. SSI is “needs-based” and is designed to provide benefits to individuals who have few or no income or assets. The medical conditions qualifying for SSDI also apply to SSI. You must have a physical or mental disability that prevents you from earning “substantial” income, and that disability must exist or be expected to exist for at least 12 months. There is no waiting period before receiving benefits under SSI, and payments are not made retroactively. You can only receive payments from the month you make your application or when the determination of disability is made, whichever is later. The SSI program also provides benefits for minor children with disabilities, but the restrictions on household income and assets apply in these cases as well. If yo...

So people ask how can I get my Social Security Disability Case heard sooner than later. There are a few rare circumstances that allow this. You could request to have your claim flagged as a critical case.  The reason it is rare to jump in line ahead of other people is when you request a hearing before an administrative law judge you are essentially given a number in line. When your number is called you are given a hearing date. Some cases are heard a little quicker because it also depends on the judge assigned to your case. Some judges hear more cases than others. If you request to have your claim expedited, you will jump in front of thousands of other individuals in a similar situation as yourself. For that reason alone, it is very difficult to have your claim expedited. If you are in dire need of benefits quickly, you may have the ability to bump up the date of your SSDI hearing if you can prove it. For example, if you are unable to pay for critical medications, in danger of losi...

  Post-COVID Conditions | CDC Although most people with COVID-19 get better within weeks of illness, some people experience post-COVID conditions.  Post-COVID conditions  are a wide range of new, returning, or ongoing health problems people can experience  four or more weeks  after first being infected with the virus that causes COVID-19. Even people who did not have COVID-19 symptoms in the days or weeks after they were infected can have post-COVID conditions. These conditions can have different types and combinations of health problems for different lengths of time. These post-COVID conditions may also be known as long COVID, long-haul COVID, post-acute COVID-19, long-term effects of COVID, or chronic COVID. CDC and experts around the world are working to learn more about short- and long-term health effects associated with COVID-19, who gets them, and why. Some people are experiencing a range of new or ongoing symptoms that can la...

Many people suffer from Parkinson's Disease, even famous people like Michael J. Fox, Mohammed Ali, Alan Alda, Neil Diamond etc. There are many every day people who also suffer from Parkinson's Disease who have trouble working and paying their living expenses.  Parkinson’s Disease is a progressive condition, which means it starts with minor symptoms, such as hand tremors, but progressively gets worse over time. It’s a degenerative disease that affects the central nervous system.  The disease is the result of the death of neurotransmitters, which affect motor symptoms and eventually cognitive functions. Typically, Parkinson’s Disease symptoms begin on one side of the body, with that side having more severe symptoms than the other. Most cases have no known cause. While some Parkinson’s cases have been found to be genetic, most are unknown.  The most common motor symptoms of the disease include: -Slowness of Movement: Also known as Bradykinesia, fine motor skills begin to slo...

Right now, the Social Security Administration is flagging and monitoring potential COVID-19 disabilities. However, if you are a COVID-19 long-hauler, you still need to prove that you have a total disability. Specifically, you will need to prove that you: Worked long enough to qualify for Social Security disability benefits. The exact number of work credits that you need depends on your age. Have a medical condition that will prevent you from working for at least 12 months or is expected to be fatal. You can prove this in a variety of ways. For example, your COVID-19-related disability may meet the requirements of a listing in the Blue Book Listing of Impairments. Alternatively, your condition may be equal in severity to a Blue Book listing or be severe enough to prevent you from working. You are unable to work in any jobs you have performed in the past 15 years; and any other work that you may be able to perform based on your age category.  It can be challenging to get the disa...

Ankylosing Spondylitis (AS) is a form of inflammatory arthritis that is often diagnosed in young men, but it can impact male or female of any age. A lifelong chronic condition, there is no cure for AS.  AS is a chronic disorder that will impact you for the rest of your life. According to a study conducted by the National Centers of Biotechnology Information (NCBI), AS can be an expensive condition for one to suffer from. Ankylosing spondylitis affects various areas of the body (such as the heart, the eyes, the lungs, and kidneys), but it mainly attacks the joints of the spine and the joints between the pelvis and the spine, called the sacroiliac (SI) joints. Over time, the inflammation brought on by AS can lead not only to chronic pain and stiffness in affected areas, but can also result in "ankylosis" (new bone formation), which can cause the fusion or fixation of joints. Individuals with ankylosing spondylitis may suffer from stiffening of the spine and reduced mobility tha...

People use marijuana for a variety of reasons. Some people use it to help calm their nerves, others to help with pain, others for recreational use. Whatever its alleged benefits are, marijuana use may affect your social security disability claim. In ths US over 20 million people use marijuana. 18 states have legalized recreational marijuana and 39 states have legalized medical marijuana.  Medical marijuana prescriptions are becoming more routine. Many pain management providers are opting out of prescribing pain medications and steering their patients towards more holistic pain management including medical marijuana. First, it’s important to remember that though marijuana may be legal in your state, it remains illegal at the federal level, which is where all disability claims are handled. While the Social Security Administration hasn’t explicitly addressed the use of recreational (or even medical) marijuana by claimants, there is a longstanding policy to deny claims when drug or alc...

It’s good practice to begin periodically checking on the status of your disability claim approximately a month after submitting it. Doing so will make sure you know as soon as possible if the approval process has stalled for any reason, like needing additional medical documentation of your condition. The sooner you address potential issues, the more quickly and efficiently your application will be processed. There are multiple ways to check your SSDI application status, It’s good practice to begin periodically checking on the status of your disability claim approximately a month after submitting it. Doing so will make sure you know as soon as possible if the approval process has stalled for any reason, like needing additional medical documentation of your condition. The sooner you address potential issues, the more quickly and efficiently your application will be processed. There are multiple ways to check your SSDI application status, whether you’re computer savvy or not; whether you’...

SSDI back pay is usually paid in a lump sum unless you are also receiving Supplemental Security Income (SSI), in which case you’ll receive both SSI and SSDI benefits in three installments. When you’ll receive your back pay lump sum is a bit less certain. Some beneficiaries report receiving their back pay before they’ve even been notified that they have been approved for SSDI benefits.  Others may not see back pay deposited into their account until a few weeks or months after they begin receiving their regular monthly benefits. You should receive a Social Security Disability award letter containing your benefit amount, regular payment dates going forward, how much you’re owed in back pay, and a rough timeline of when to expect your lump sum. The SSA determines back pay on a case-by-case basis depending on different factors. Such factors include: 1. The date of your application – SSDI claimants should receive back pay from at least the date of their initial application. If it took ...

Social Security will not rely on your word when determining eligibility. You may be denied because you don’t have medical evidence supporting your conditions. This can be a catch 22 situation because you don’t have medical insurance since you are unable to work due to your medical conditions.  You should apply for the Affordable Care Act or seek a free clinic in your area. Without medical records to support your condition, SSA will more than likely deny your claim. If you want to win your disability claim, you need to seek medical treatment so as to document your limitations. It is not enough to simply be diagnosed with a condition. There needs to be medical evidence supporting how your diagnosis affects your ability to work. You also need to treat with more than just your family doctor. You need objective evidence such as an MRI, EMG or even Xray to support your claim of physical pain. You should hire an attorney when you first apply. You think you are saving money by not hiring a...

 Services your Social Security attorney can provide:  Social Security recognizes the need for individuals to have representation. In fact, they encourage you to seek a lawyer. Navigating the process and regulations of Social Security can be confusing to the lay person. Hiring an attorney will not only relieve a significant amount of stress,  but will also put you one step ahead of the disability process. Hiring an attorney doesn’t cost you anything out of pocket. The Social Security Administration regulates all fees an attorney is allowed to collect for disability claims. These fees are contingency-based, meaning your attorney will only get paid if they can secure your disability benefits. Deciding on an attorney to represent you in your Social Security Disability case is a scary proposition. You have to be able to trust someone to represent your interest. I think it is important to interview a few lawyers and find one that you are comfortable talking with. Discussing you...

Trigeminal neuralgia is a type of nerve pain that affects your face. The trigeminal nerve carries sensation from your face to your brain. The pain can be so severe as to affect your ability to eat or drink. It is generally triggered by even mild stimulation such as brushing your teeth or washing your face. This type of nerve pain is generally very severe, sending shock-like pain to your face. Other symptoms associated with this condition include severe migraines, muscle spasms, tingling, burning and over sensitivity. There is no single test that shows a person definitively has trigeminal neuralgia, which, as discussed below, can be a hurdle to getting disability benefits. MRIs can sometimes show a blood vessel pressing on the trigeminal nerve, and magnetic resonance angiography can sometimes show that the trigeminal nerve is compressed. In some people with trigeminal neuralgia, however, these tests may not show anything conclusive. The condition is generally treated by your primary car...