Social Security Disability Law: News and Facts

Recognizing the fact that some illnesses almost automatically necessitated disability income, the Social Security Administration (SSA) created the Compassionate Allowances program. Individuals with illnesses that qualify for Compassionate Allowance status can have their disability benefits approved in a matter of weeks rather than months or years. The Social Security Administration (SSA) created the Compassionate Allowances program so that individuals with illnesses that qualify for Compassionate Allowance status can have their disability benefits approved in a matter of weeks rather than months or years. If you or someone you love has been diagnosed with a condition that qualifies for a Compassionate Allowance, it would be in your best interest to begin the application process immediately so that you can begin receiving disability benefits sooner rather than later.  Compassionate Allowances Complete List of Conditions (ssa.gov) If you need help applying for Social Security Disabil...

Paresthesia refers to a burning or prickling sensation that is usually felt in the hands, arms, legs, or feet, but can also occur in other parts of the body. The sensation, which happens without warning, is usually painless and described as tingling or numbness, skin crawling, or itching. Most people have experienced temporary paresthesia -- a feeling of "pins and needles" -- at some time in their lives when they have sat with legs crossed for too long, or fallen asleep with an arm crooked under their head. It happens when sustained pressure is placed on a nerve. The feeling quickly goes away once the pressure is relieved. Chronic paresthesia is often a symptom of an underlying neurological disease or traumatic nerve damage. Paresthesia can be caused by disorders affecting the central nervous system, such as stroke and transient ischemic attacks (mini-strokes), multiple sclerosis, transverse myelitis, and encephalitis. A tumor or vascular lesion pressed up against the brain o...

Expedited reinstatement (EXR) is a Social Security provision designed to provide a financial safety net for people who go off disability benefits because they’ve returned to work. With EXR, former beneficiaries may be able to quickly restart disability payments if their medical condition forces them to stop or severely curtail work activity again. EXR is one of a number of work incentives Social Security offers to help those on disability enter or return to the labor force. Unlike many of those programs, it is available to recipients of both Social Security–administered benefits for people with disabilities : Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). You can ask for EXR if, within five years of your benefits ending, your work income drops below caps Social Security sets for active beneficiaries. If the request is granted, you won’t have to file a new benefit application, and you may be able to receive payments again immediately. To request expe...

The frequency of your medical treatment is an important factor in your Social Security disability claim. A diagnosis is a first step, but a judge must evaluate your functional limitations due to your medical condition. And when evaluating the seriousness of your functional limitations, regular doctor visits are helpful. Looking at the cases of mine that were not granted in the past year or so, the lack of medical treatment played a role in almost every one. There a lots of reasons not to go to the doctor. There are co-pays. Sometimes there is little the doctor can do for you. Perhaps you do not want to complain to the doctor about your daily struggles. But without regular doctor visits, you may have an uphill battle for disability benefits. Also, the more the doctor sees you and is familiar with your condition, the more likely that the doctor will provide an opinion regarding your functional limitations. Those opinions are often the most persuasive medical evidence available to a perso...

Some of the information that your lawyer needs won’t be found on the documents you provide. For example, your lawyer may ask you: -United States birth certificate (if applicable) -Proof of U.S. citizenship or lawful alien status if you were not born in the United States -W-2s or self-employment tax returns for the most recent filing year -Medical evidence that you have in your possession, such as your medical records or test results -Workers’ compensation awards, if applicable -Your Social Security Card -For the names, addresses, and phone numbers of all of your doctors and other medical providers -How your medical condition affects your activities of daily living and ability to work -The date you became unable to work -About your education and work experience -Whether you’ve previously applied for Social Security benefits, Medicare, or Supplemental -Security Income -About your marital status -Whether you have dependent children or parents -If you’ve ever worked in a foreign country -I...

Your mental residual functional capacity form documents what sort of work activities you can currently do. It documents which tasks you’re capable of doing regularly, despite your disability and related treatments (i.e., taking antidepressants or attending therapy sessions). The SSA reviews your mental residual functional capacity to determine whether you can perform previously held job tasks or any other, similar kind of work. In determining your mental residual functional capacity, the SSA looks at both medical and non-medical evidence. For medical issues, the agency reviews your condition’s history, test results, diagnoses, treatments, responses, symptoms and current prognosis. For non-medical issues, the SSA reads reports submitted by people who know you and your condition well, including how it affects your daily life. The mental residual functional capacity assessment helps the SSA determine if you are able to: -Complete tasks on a schedule -Understand, remember and complete inst...

SSD 2022 Maximum Monthly Income Limit Rises from $1,310 to $1,350 Social Security Disability benefits are reserved exclusively for workers or former workers who earned sufficient work credits and whose physical or mental impairments are serious and long-lasting enough to prevent them from performing “substantial gainful activities” (SGA) for at least 12 months. Eligibility for SSD benefits requires a “disability” as defined by the Social Security Disability Insurance program guidelines. The definition of a qualified disability includes an inability to earn a monthly income higher than the amount set by the Social Security Administration. In 2021, an SSD benefits recipient could earn no more than $1,350 in earned income per month to continue to be eligible for benefits. Beginning January 1, 2022, the monthly income limit for SSD will be $1,350. What Income Is Not Counted? — Not all income you receive is considered “income” for purposes of the SSDI monthly earned income limit. Any unearn...

Cardiomyopathy represents a collection of diverse conditions of the heart muscle. These diseases have many causes, symptoms, and treatments and can affect people of all ages and races. When cardiomyopathy occurs, the normal muscle in the heart can thicken, stiffen, thin out, or fill with substances the body produces that do not belong in the heart muscle. As a result, the heart muscle’s ability to pump blood is reduced, which can lead to irregular heartbeats, the backup of blood into the lungs or rest of the body, and heart failure. The diagnosis of cardiomyopathy is usually established by a cardiologist with an EKG, echocardiogram, chest x-ray, and cardiac stress testing (e.g., treadmill). A coronary angiogram may be required. The SSA does not have a separate listing for cardiomyopathies. Instead, you apply under one of the other three categories: congestive heart failure (4.02), ischemic (coronary) heart disease (4.04), or arrhythmia (4.05). There are 4 types of cardiomyopathy:  ...

The Adult  Function Report, also referred to as an ADL (activities of daily living) questionnaire, is officially known as form SSA-3373. This 10-page form is comprised of five sections and is usually sent after you have filed your initial application.  The Adult Function Report provides detailed information to the SSA about how your condition impacts your life from the time you wake up until the time you go to sleep. Certain sections of the Adult Function Report ask claimants to explain how their condition hinders day-to-day function and how that condition restricts them from working. It’s important to use this form to describe what you go through every day in thorough detail. Do not write a book. Most people think they should include their life story. You should not. Keep your answers short and to the point. Do not write a lot. Most of the time Social Security uses these form to find you not disabled because of what you write on these forms. I have never had a case where the ...

Hepatitis B is an infection of the liver that is caused by the HBV virus. Symptoms include fatigue, itching, nausea, jaundice, joint pain, and abdominal pain. Many people who contract hepatitis B are able to fight off the disease and make a complete recovery. Some are not. These patients will develop chronic hepatitis B.   Social Security does not have a separate disability listing for hepatitis B. Hepatitis B is evaluated under the chronic liver disease disability listing. To qualify under this listing you must have evidence of at least one of the following: -Esophageal varices (expanded blood vessels in the esophagus and/or stomach) -Internal bleeding -Ascites (accumulation of pathologic fluid in the abdomen) -Hypoalbuminemia (low levels of the protein albumin) -Encephalopathy (confusion or altered consciousness caused by liver malfunction) -High levels of bilirubin in the blood Most people with hepatitis B will not meet the listing for chronic liver disease. However, you ma...

When your completing your work history report or discuss your work history at your hearing, don't use a job title for your past position in a way that suggests you had more responsibility than you did, and don't exaggerate your job functions. For example, only use the term "manager" if you supervised other employees. The reason this is important is because the more skilled your past work (managing employees is considered skilled), the easier it is for the VE to say there are jobs you are able to do. In other words, the more skills you have, the more difficult it can be to rule out other jobs. This is why it's important to be careful when you answer the judge's questions about your past jobs. Also, do not minimize how much weight you lifted or how long you stood or walked while you did the job. Make your job hard enough that your impairments prevent you from being able to do your past work in the last 15 years.  If you need help applying for Social Security Dis...

 Meniere’s disease is a disorder of the inner ear resulting in recurrent vertigo, loss of balance, ringing in the ears, and deafness.  Vertigo is a common symptom of Meniere’s Disease, and people who suffer from this disorder often feel a sense of spinning due to this symptom. The spinning sensation can lead to chronic nausea and vomiting. While vertigo is not always present, each episode will last between 20 minutes and several hours. Hearing loss is another symptom that occurs regularly with Meniere’s Disease, and any degree of hearing loss experienced with the disorder is permanent. People who suffer from Meniere’s Disease may experience tinnitus, a constant ringing in the ears that can affect concentration. Most symptoms of Meniere’s Disease can be successfully managed with medication, but people who have severe cases of this disorder may need to pursue surgical intervention. Injections in the inner ear can also be used for treatment purposes. Symptoms that are not success...

Hearing Loss is the third most common health problem that Americans experience in the United States. Hearing loss is the total or significant loss of the ability to hear sound. There are several causes of hearing loss such as age, genetics, noise exposure and illness. When an individual beginnings to lose his or her hearing, their quality of life may become affected. He or she will no longer be able to engage in conversations the same and may start to seclude themselves from typical social engagements. The individual will also lose their ability to listen to music and hear basic everyday noises such as doorbells and alarms. The symptoms of hearing loss vary depending on what caused the hearing loss. Symptoms include: -Muffled sounds and noises -Vertigo or dizziness -Tinnitus (ringing in the ear) -Pain within the ears -Ear pressure -Sensitivity to sound -Speech delay (in children) For many people, hearing loss occurs slowly over time and can be difficult to notice. The person’s family a...

Atrial fibrillation (AFib or AF) is a heart condition that is characterized by irregular heartbeats or an arrhythmia. Millions of Americans are estimated to be living with Afib.  Severe forms of Afib can cause blood clots, strokes, heart failure and other heart-related complications. If chronic atrial fibrillation significantly interferes with your ability to work, you may qualify for disability benefits administered by the Social Security Administration (SSA), which has strict rules governing eligibility for benefits due to AFib. AFib occurs when the heart’s two upper chambers, called the atria, beat rapidly and become out of sync with the lower heart chambers, known as ventricles. This erratic heartbeat, or arrhythmia, can be an occasional occurrence or an ongoing, chronic condition that negatively affects blood flow. It can result in heart palpitations, weakness, shortness of breath, chest pain, or fainting, leading to heart failure or stroke. General treatment for AFib usually ...

Deep vein thrombosis occurs when blood clots form in veins located deep inside the body, often in the legs. These blood clots form due to various reasons including damage to the veins, not moving for a long duration, and pregnancy. The symptoms observed are swelling, cramping and pain in the affected area. Treatments aim at preventing enlargement of the clot and its travel to other organs. Many people may not experience the symptoms, especially if in the upper part of the body. The most common symptoms include: -Swelling of foot, ankle, or leg, usually on one side -Cramping of the affected leg that usually begins in the calf -Severe leg pain -Skin on the affected area is warmer than the skin on surrounding areas -Bluish, reddish, or pale colored skin over the affected area Having DVT puts you at risk for a stroke or pulmonary embolism, both serious conditions that may make working inadvisable. It could also qualify you for Social Security disability (SSD) benefits if you can demonstrat...