Social Security Disability Law: News and Facts

The initial application is the beginning of the process. Whether you are applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), or both, an initial application is needed. This can be done through an attorney’s assistance or on your own at www.ssa.gov. It may also be done by contacting Social Security at 800-772-1213. Social security has a checklist to gather information before applying: Checklist for Online Adult Disability Application (ssa.gov) SSDI benefits, of course, are based on "insured status, which is essentially based on a person's work history and how much they have paid into the system, i.e. work credits that have been earned over a number of years. SSI, on the other hand, is not based on insured status, but, rather, is intended for individuals 1) who have not worked long enough to qualify for SSDI, or 2) who have not worked enough or earned enough in recent years to remain qualified for SSDI, or 3) who do qualify for SSDI bu...

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” ...

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...

The Social Security Administration evaluates each claim using a comprehensive list of medical conditions, the Disability Evaluation Under Social Security, commonly referred to as the Blue Book. The idea is that the SSA can quickly locate a condition in the Blue Book and determine whether your condition qualifies you for disability benefits. There are two parts to the book: Part A is used to evaluate Adults (individuals 18 years or older) and Part B is used to evaluate children (under the age of 18). The SSA separated the book into two parts because some illnesses affect children much differently than adults and thus need to be evaluated under different conditions. Both parts divide general impairments into categories (part A has 14 while part B has 15) where each category lays out the restrictions and specifications for a condition to qualify for benefits. When you are in the initial application process or in the request for reconsideration phase, the Blue Book can help you determine w...

Systematic lupus erythematosus, more commonly known as lupus, is an autoimmune disorder that causes your immune system to attack your own tissue and organs. This is a chronic inflammatory condition that may affect multiple body systems including joints, skin, kidneys, blood cells, heart and lungs. Your immune system is the part of the body that fights off bacteria, viruses and germs. When suffering from an autoimmune condition your body cannot tell the difference between the body’s healthy tissues and unhealthy germs. Because the body cannot tell the difference the body will attack and destroy healthy tissue. Lupus is typically a difficult condition to diagnosis as it often mimics other conditions.The most common signs and symptoms of this condition include: -fatigue  -fever - joint pain  -rash  -shortness of breath - chest pain - headaches However, a blood test, imaging, or urinalysis may be used to diagnose the condition. There are varying levels of severity with lupus....

Medical records are probably the most important part of a social security disability case. The more documentation you have, the easier it is to win. It’s also important to know that a specialist is better than a family doctor.  The Social Security Administration expects patients to be treated by doctors who have experience working with your particular impairment. For example, if you have a heart problem, you may need the care of a cardiologist. For an immune impairment, such as rheumatoid arthritis, you may need the specialized care of a Rheumatologist.  Similarly, for a Psychiatric impairment, such as bipolar disorder, depression, or anxiety, seek out the care of a psychiatrist, psychologist, or qualified therapist.  Social Security may give more credence to the opinion of a specialist in your particular condition rather than a general practitioner. Be as precise and descriptive as possible when visiting your doctor. This will help your doctor keep your doctor informed a...

When you apply for Social Security Disability benefits, you will have to complete a Work History report for all jobs you have performed in the past 15 years. This does not look like a very important form, but it is. Social Security is not using it to check to see if it matches their payroll information or anything like that. Rather, it will be used to determine what kind of work you have done in the past.  To many pople make their previous work description easier than it was performed. Take your time completing this form. Think about the work. The harder the job was, the more difficult it will be for the judge to say you can perform your past work. The easier the job description and detail you give, the easier it will be for the judge to say you can do your past work and you lose your case. Remember, you need to write down how long you had to stand, walk, reach, and handle. Take the maximum amount; do not try to average it out. It is okay if the categories equal more than the hours...

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)

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...

  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...

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...

 Even though you are vaccinated people can still get infected with Covid-19. Many of us will say big deal if we get Covid-19 when we are vaccinated it will not be severe and we will not die from it. That is probably true, but many people who had non-severe cases of Covid-19 are having long-haulers  problems many months after having Covid-19 and are having long term problems including fatigue and neurological issues.  Here’s How You Can Catch COVID Even If You’re Vaccinated | Eat This Not That 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.

To get unemployment you are generally telling the government that you are ready, willing and able to work, you just can not find a job to hire you.  If your health prevents you from working any job your rightful remedy is Social Security Disability and not unemployment. So can you collect unemployment when you are applying for Social Security Disability.   It also depends on if your applying for SSD or SSI or both.  SSI is based on financial need, thus if your unemployment benefit is too high, you cannot receive this type of Social Security Disability.  Disability Insurance Benefits (SSD) depends on your work record and may be appropriate depending upon your age and your specific medical condition. In order to qualify for unemployment benefits, many states require a person to be available for full time work and capable of performing full time work . Before you can be approved for unemployment benefits, you will need to sign paperwork attesting that you are capab...

The University of Michigan is opening a Covid-19 clinic to study long-haulers in children and adults. I think that this research is going to be very important in the future. We are still in the infancy of this disease and to study the long term effects will be very important.  It is interesting to note that I have read some studies that getting the vaccine has helped some symptoms of long-haulers who have had Covid-19.  Post COVID-19 Clinic| Michigan Medicine (uofmhealth.org ) University of Michigan opens clinics to study COVID long-haul effects in kids and adults (fox2detroit.com) 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.

If you are applying for Social Security Disability or SSI benefits the best place to start is on the Social Security website, SSA.gov. You should first open an account in your own name. Next you should review the website to determine the documents you need to gather to complete an application. You will need the names, address and phone numbers of all your doctors you have treated with since your disability began. Even if you treated with the doctor only one time you should include this information as it may help your case. You should list any hospital you have had treatment with even if it was for drawing blood. You will need information about your work history for the last 15 years. The more information you can give the Social Security Administration in the beginning the better off you will be.  You should plan to take 1-3 hours to complete an application online. The process for applying for disability can be overwhelming for many people. Some lawyers do not handle cases until you...