Social Security Disability Law: News and Facts

Epilepsy can affect people of all ages. It is characterized by unpredictable seizures and can cause other health problems. Epilepsy is a spectrum condition with symptoms and seizure types that vary widely from person-to-person. The Social Security Administration evaluates epilepsy according to the type, frequency, duration, and nature of the seizures. Because epileptic seizures can often be controlled with anticonvulsant medications, you will need to prove that despite taking your medication as prescribed for at least three months, you are still unable to work due to your disease. If you are applying for benefits due to epilepsy the SSA will want to see: -a diagnosis of epilepsy -a treatment history, including medications and other treatments and how they have affected your seizures -a statement from your doctor backing up your descriptions of the nature and frequency of your seizures -EEG results -a record detailing the frequency of your past seizures -a comprehensive description of y...

  Social Security COLA projected to be lower in 2026. Tariffs may change that

Narcolepsy is a sleep disorder characterized by severe drowsiness and fatigue. Some people with narcolepsy also experience the sudden loss of muscle strength, known as cataplexy. There is no cure for narcolepsy, but treatment – such as stimulant medications, frequents naps, and other forms of behavioral therapy – can help. Narcolepsy type 1  is a rarer, more severe form of narcolepsy that includes cataplexy (sudden muscle weakness) and is linked to low levels of a brain hormone called hypocretin. People with  narcolepsy type 2  don't experience cataplexy and usually exhibit normal levels of hypocretin. Prevailing on your narcolepsy disability claim requires medical evidence to support the diagnosis. Medical evidence may include one or more of the following:      -Sleep study results      -Genetic testing      -EEGs      -MRIs or other brain imaging      -Results of muscle testing (if your narcoleps...

Chiari Malformation is a condition where brain tissue extends into the spinal canal. There are three types of Chiari malformation, depending on the amount and location of the brain tissue that is present in the spinal canal and whether there are other abnormalities of the brain or spinal cord. Chiari Malformation symptoms in adults are usually not present until sudden coughing, sneezing or straining occurs. Neck pain, unsteady walking, poor fine motor skills in the hands, numbness in the hands or feet, numbness, dizziness, difficulty swallowing, vision or speech problems are among some of the more common symptoms. There are four types of Chiari Malformation. Type 1, also known as the adult form, is the most common. It is developed as the brain and skull are growing and may not be diagnosed until the patient is an older child or even into adulthood. Type 2, also known as the pediatric form, is present at birth.  Types III and IV are not as common and are very severe. Type III is whe...

At Allan W. Ben P.C. we know that successful SSDI or SSI claims are won or lost in the details. It is not the job of the claims handler to guess at your qualifications for any particular benefit. In order to ensure your claim is successful, you must provide evidence that compels the claims handler to approve you for receiving SSDI or SSI. As your lawyer I will make sure that your evidence is gathered and documented. Gather Medical Support For Your Social Security Disability Claim There are two main elements to medical support, which involves securing all the necessary documentation you will need and having the support of your physicians and therapists. It is important to keep accurate and dated records of all treatments, scans, doctor and hospital visits, and receipts for any over-the-counter treatments you purchase. You will also need medical or therapeutic practitioners on whom you can rely to supply supporting letters for your disability benefits claim. This is another area where ha...

  Trump Administration Action Against Social Security Judges Threatens Fair Access to Benefits | Center on Budget and Policy Priorities

Hereditary spastic paraplegias (HSPs) are a heterogeneous group of genetic disorders with spastic paraparesis as the main clinical feature. Complex forms may co-occur with other motor, sensory, and cognitive impairment.  Hereditary spastic paraplegia (HSP), also called familial spastic paraparesis (FSP), refers to a group of inherited disorders that are characterized by progressive weakness and spasticity (stiffness) of the legs. Early in the disease course, there may be mild gait difficulties and stiffness. These symptoms typically slowly progress so that eventually individuals with HSP may require the assistance of a cane, walker, or wheelchair. Though the primary features of "pure" HSP are progressive lower limb spasticity and weakness, complicated forms may be accompanied by other symptoms. These additional symptoms include impaired vision due to cataracts and problems with the optic nerve and retina of the eye, ataxia (lack of muscle coordination), epilepsy, cognitive im...

Hidradenitis Suppurativa (HS) is a painfule and serious skin disease that tragically is often misdiagnosed. Because HS usually begins as pimple-like bumps on the skin, many victims (and doctors, too) think their condition is acne, ingrown hair, or boils. As the disease worsens, the pimple-like bumps most commonly erupt in the underarm or groin areas—places that everyday pimples typically do not appear—and grow deep into the skin becoming very painful. To make matters worse, they often rupture, leaking bloodstained pus. There is no cure for Hidradenitis Suppurativa, but some who have the disease can experience long periods of remission. For others, however, their life may be characterized by constant pain and ever-worsening symptoms. If your HS prevents you from working, you may be eligible for Social Security disability benefits. The Social Security Administration (SSA) recognizes Hidradenitis Suppurativa as a disease that can be potentially disabling. In determining your eligibility f...

Ehlers-Danlos Syndrome (EDS) is not just one disorder, but a whole group of impairments currently classified into 13 subtypes. What the subtypes have in common is that they are connective tissue disorders which are often inherited. Generally, EDS is characterized by fragile tissue, and joints and skin that can be stretched further than normal. Ehlers-Danlos syndromes affect both men and women of all ages and all ethnic backgrounds. While there is no cure for EDS, there is treatment for its symptoms, and there are preventative measures that bring relief to some who are affected by the disease. For others, however, their EDS causes joint pain, back pain, heart problems, loss of vision, or other issues which don’t respond to treatment and are so severe that they affect their everyday life and prevent them from working. If you have EDS and are unable to work because of severe symptoms from it, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Inco...

Your U.S. congressional reps don't have any impact on the decision as far as approval or denial. You should be able to goggle the contact information for your congressional representatives. Information about  confessional inquiry: A congressional inquiry is a “status check” of your disability claim conducted by your local U.S. senator or representative on your behalf. To initiate a congressional inquiry, which the congressperson can refuse to undertake, you will need to contact your local U.S. senator or representative’s office to request that he or she look into where your disability claim stands. In your request, you should give a general overview of the circumstances surrounding your claim. You may include factors such as how long it has been since you began the application process; how long you have been waiting for an appeal hearing to be scheduled; any medical, emotional, or financial distress the application process has caused; or the number of family members you are current...

  There are three mistakes, in particular, that you should be careful to avoid during your own disability hearing: Straying from the Topic.  KISS- Keep it simple stupid. Most ALJs will have read all your medical records prior to the hearing. The ALJ will know your case and have notes. The purpose of the disability hearing is for you to explain to the Administrative Law Judge (the ALJ) the physical and mental effects of your impairments. If you try to just gie your life story or talk about other impairments that the ALJ did not ask about  you’ll be wasting valuable time that you could be using to help the ALJ understand the only thing the judge needs to know about you disability case. So don’t talk about things how you really want to work, how hard it is to find a job, or other such complaints. It wastes the judge’s time and means you’re not talking about the one thing that matters at that moment – why you’re eligible for disability benefits. The hearing is limited in time...

Multiple pulmonary function tests (PFTs) are necessary for assessing lung functioning. In addition to chronic obstructive pulmonary disease, PFTs are also given to people with asthma, chronic bronchitis, lung cancer and scleroderma. The most common type of PFT is called a spirometry test. If you are planning to apply for SSD benefits for COPD, you will need detailed documentation regarding the results of multiple PFTs. Spirometry –calculates how much air a patient can inhale and exhale as well as how quickly lungs can empty themselves of oxygen in one second. You will be asked to exhale as much air as possible into a tube connected to a spirometer machine. Lung Diffusion Capacity– this test analyzes how quickly a person’s red blood cells can transport oxygen to the lungs. LDCs are important to getting approved for SSD if you have COPD because it also shows the amount of damage done to blood vessels connecting the lungs and heart Body Plethysmography- -by measuring how much air remains ...

Kidney Failure is a complex disorder that affects every system in the body. It is also known as Renal Failure and is characterized by an inability of the kidneys to properly filter the blood, which leads to blood with increased levels of chemicals and toxins circulating through the body. Symptoms vary greatly from person to person. Some individuals may barely feel the effects of kidney failure while other are too fatigued and sick to leave their beds. In general, the most common symptoms include upset stomach, swelling in the feet and other extremities, fatigue, and muscle soreness or cramping. In some cases, abnormal heart rhythms and dozens of other symptoms may occur. Causes of this condition can also vary greatly based on the medical history of the individual, but in America the most common causes of kidney failure are hypertension, glomerulonephritis, and diabetes. Diagnosis is based upon analysis of an individual's GFR, or glomerular filtration rate, which refers to the speed...

Most Social Security disability claims are initially processed through a network of local Social Security Administration (SSA) field offices and State agencies (usually called Disability Determination Services or DDSs).  The field office is responsible for verifying non-medical eligibility requirements, which may include age, employment, marital status, or Social Security coverage information. The field office then sends the case to a DDS for evaluation of disability. Disability Determination Services (DDS) is a State agency responsible for developing medical evidence and making the initial medical disability determination on whether a claimant is disabled or blind under Social Security law. The agency and its offices are fully funded by the federal government. DDS usually tries to obtain medical evidence from the claimant’s own medical sources first. If that evidence is unavailable or insufficient to make a determination, the DDS will arrange for a consultative examination (CE) to...

You can check the status of your Social Security disability claim by: 1. contacting your local Social Security office 2. checking online with your Social-Security-issued password on the Social Security website (if you applied online), or 3. contacting the disability examiner who is working on your disability claim. If you need help applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 22 year's experience with Social Security Disability cases. I handle cases all over the United States.  Home - Allan W. Ben, PC (allanwbenpc.com)

The Social Security Administration has not given much guidance with regard to Long Covid or Long Hauler  cases. In fact, they have not released any new guidance in over a year. They still require a positive test for Covid to be considered for Long Covid. Many people never took tests at a pharamcy or a doctor or hospital or clinic because there was a lack of testing available. Many people just take a home test and do not report it anywhere. Does that mean Social Security should not look at Long Haulers for these people. I hope not, that would be a travesty. The Social Security Administration, as usual, has not done enough to give guidance with Long Haul Cases. It is time they give the people working for the Social Security Administration updated guidance based on the facts today.  Social Security has released an emergency message giving its employees some guidance on how to handle applications that allege "post-COVID conditions." This message is not a medical "listing...

Ehlers-Danlos syndrome is the name of several inherited medical conditions that affect joints, skin, and other connective tissues in the body. Ehlers-Danlos is usually the result of a mutation or defect in the genes that produce and regulate collagen—the primary protein making up connective tissue in the human body. Ehlers-Danlos causes connective tissues to be weaker and more elastic. This means that skin may bruise easier or joints may become extremely loose and overly flexible. There are at least ten different types of Ehlers-Danlos, which affect different collagen genes and lead to varying combinations of symptoms. Because of this, Ehlers-Danlos can be incredibly mild or life-threatening, depending on the type of tissues affected. Common signs of Ehlers-Danlos include: Hyper-flexible joints Stretchy or saggy skin Deformities Muscles and joint pain Sprains, pulls, and dislocations Skin that bruises easily Ehlers-Danlos can also lead to heart diseases and other cardiovascular problem...

What is more important is that you are treating with the right doctors and making sure your case is strong before you apply. To many people just file their case for social security disability hoping to win their case instead of properly preparing their case to win it.  To many people lose good cases because they do not understand how social security disability really works. They do not understand how their past work can affect their case. Many people file a case before they even know what is wrong with them medically. Social Security is not going to figure it out for you. You do not want to file if you still have a lot of testing to see what is wrong, you want that testing done first before you file. Social security will not guess what is wrong with you. It is your job to work with your doctors to figure that out and to do it before you file your case.  No matter which condition is the basis for your SSD application, your claim must contain ample medical documentation. Include...

Supplemental Security Income (SSI) payments do not automatically convert to Social Security Retirement benefits upon reaching retirement age. As we have discussed in prior blog posts, SSI is funded by general federal taxes while SSDI and Retirement are funded by payroll taxes. Unfortunately, not only do SSI payments not automatically convert to retirement payments, but the Social Security Administration (SSA) can essentially force you to apply for early retirement benefits at 62, instead of waiting for your full retirement age. This can happen if you did not qualify for SSDI benefits, but you did work enough years to qualify for a small retirement benefit. One of the requirements of continuing to receive SSI benefits is that you apply for any other cash benefits that are available, including retirement benefits. However, the good news is that you will be able to receive both retirement and SSI at the same time, so your overall monthly benefit amount will not decrease. If you are curren...

  SSDI benefits are dependent on how long you worked and what you paid into the Social Security system. When you applied for SSDI, your Primary Insurance Amount (PIA) was calculated based on your Average Indexed Monthly Earnings (AIME), so you are already collecting what you would normally receive for Social Security Retirement benefits and the switch happens automatically. If your spouse is receiving benefits based on your record, his/her benefits will also automatically convert. So when does it switch? Well, that will depend on when you were born: the table below can tell you when your Social Security Disability Income will change to Social Security Retirement. 1938 – 65 years and 2 months 1939 – 65 years and 4 months 1940 – 65 years and 6 months 1941 – 65 years and 8 months 1942 – 65 years and 10 months 1943 through 1954 – 66 years 1955 – 66 years and 2 months 1956 – 66 years and 4 months 1957 – 66 years and 6 months 1958 – 66 years and 8 months 1959 – 66 years and 10 months 196...