Social Security Disability Law: News and Facts

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...

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...

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...

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...

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...

Interstitial cystitis (IC), often called painful bladder syndrome, is chronic inflammation of the wall of the bladder. The pain and changes in urination caused by IC can sometimes be disabling. In order to prove you have IC, you must show that you have some or all of the following symptoms with no other medical explanation for the symptoms: Frequent urge to urinate or urination Pain in the bladder and pelvis Tenderness in the pelvic area on physical examination Pinpoint bleeding on the bladder wall caused by reoccurring irritation after a cystoscopy, which is a procedure where the fill the bladder with water then drain it, and/or Hunner's ulcers on the bladder wall after a cystoscopy. Symptoms can come and go; IC commonly goes into periods of remission where there are no symptoms at all. Flare ups, where symptoms become much worse, can be caused by certain triggers such as menstruation, exercise, stress, sex, and sitting for an extended amount of time. To prove the above symptoms, ...

Has your doctor told you stop working? Has he written in your medical records that you should not be working? Perhaps your doctor has filled out a form for Medicaid (insurance through the Department of Public Welfare) that states you’re not able to work or you are disabled. Despite what the doctor has written or even told you, it does not mean that you are automatically entitled to Social Security disability benefits and it does not mean you have an “easy” case. The truth is, although it's certainly helpful to have a doctor on board and willing to support your assertion that you are unable to work, the majority of doctors do not know Social Security's definition of disability. Instead, it is important to understand that “disability” under Social Security is a legal determination that must be made by Social Security, often by an administrative law judge (also known as an “ALJ”).  This ALJ is a Social Security Judge who will ultimately determine whether you are disabled or not. ...

I often times have people ask me why did the social security consultative exam doctor tell me that I am disabled and I should not be working, yet Social Security denies my application. If a doctor has said that you are disabled, you might be thinking you have an easy Social Security Disability case. While this scenario is not all that common, it does happen. The fact of the matter is the consulative examination is a quick visit. If your there more than 30 minutes, that is very long. The consultative examiner is seeing multiple people that day and he/she wants to get done because they do not get paid alot of money. They also her paid per exam, not how long you are in the exam room.  The consultative examination doctors do not work for SSA. They are paid just to do some exams. These could be private doctors just trying to make some extra money.  From time to time a client tells me that they went to the Consultative Examination that Social Security requested that they go to and t...

You should let your physician know if you believe that you need a cane, walker, or wheelchair.  You should try your best to obtain a prescription for the assistive device from your health care provider.  Even a simple notation from a qualified medical professional that states your assistive device is medically necessary can suffice.  In my experience at hearings before an Administrative Law Judge (ALJ), the ALJ may not be convinced that you need an assistive device if you obtain it on your own from a pharmacy or relative.  The use of a cane can prevent a worker from performing heavy, medium, light, and even sedentary work as it is normally performed in the general economy. Even in sedentary desk jobs such as those common in the administrative, secretarial, assembly, and customer service fields require workers to be able to stand and/or walk two hours out of an eight hour day in addition to sitting for six hours out of an eight hour day. This is because even jobs that...

Many people who are suffering from long haulers syndrome after their Covid-19 infection are being diagnosed with POTS.  Postural orthostatic tachycardia syndrome (POTS) is a blood circulation disorder characterized by two factors: 1. A specific group of symptoms that frequently occur when standing upright 2. A heart rate increase from horizontal to standing (or as tested on a tilt table) of at least 30 beats per minute in adults, or at least 40 beats per minute in adolescents, measured during the first 10 minutes of standing POTS is diagnosed only when orthostatic hypotension is ruled out and when there is no acute dehydration or blood loss. Orthostatic hypotension is a form of low blood pressure: 20mm Hg drop in systolic or a 10mm Hg drop in diastolic blood pressure in the first three minutes of standing upright. POTS is a common condition affecting an estimated one to three million Americans. The symptoms of POTS include but are not limited to lightheadedness (occasionally with f...

It is very tough to get disability based on one mental health impairtment. It usually takes a combination of mental and physical impairments in order to be found disabled.  Post-traumatic stress disorder (PTSD) can be the basis for a successful Social Security disability claim, but it must be properly medically documented. In deciding whether you are disabled, the Social Security Administration (SSA) will consider your medical records, including hospital records and clinic notes from physicians, therapists, and counselors. You will likely need a RFC completed by your psychiatrist to help with your case.  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 interf...

The vocational expert’s primary roles in the hearing are providing insight about the Claimant’s past relevant work as performed and as listed in the Dictionary of Occupational Titles (DOT), providing information about the ability of hypothetical workers to perform jobs, as well as how many of those jobs exist in the national economy, and also providing information regarding transferable skills that Claimant might have acquired through their Past Relevant Work (PRW).   The Social Security disability evaluation changes when a claimant reaches age 50 and again when the claimant reaches age 55. If you are over the age of 50, limited to unskilled sedentary work, and the vocational expert testifies that you have no transferable skills and are unable to return to any of your past relevant work, then you win. There are similar situations where you win at age 55 or older. Your attorney should not ask the vocational expert any questions that try to exclude work at the sedentary level (i...

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...

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; ...

The New York Times published an article on the growing problem the Social Security Administration has with having to wait a long time to talk to a person over the phone. The Social Security Administration each year has less and less people working for them. The population is growing older and more people are retiring. Also, people who are on disability have to use the same phone numbers. The Social Security Administration should have separate phone numbers for retirement and disability. The Social Security Administration needs to hire more people.  Here is the link to the article. Read it and tell me what you think.   Have a Social Security Question? Please Hold - The New York Times (nytimes.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.

Social Security has established a tool on their website to find your local office. Here is the link:  Social Security Office Locator, SSA Office Locator Social Security Office Locator, Social Security  All you need to do is put in your zip code and the office closest to you will appear. All offices have the same hours.  If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 25 years experience with Social Security Disability cases.