Social Security Disability Law: News and Facts

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...

One question I hear pretty much across the board is “how am I supposed to financially survive waiting for a hearing date?”  It could take several months or even years before the Social Security Administration decides whether you are owed benefits.  Unfortunately, I do not have a good answer to that question. Most people rely upon friends and family for financial support. Some individuals qualify for public assistance benefits such as Medicaid, food stamps, and housing assistance. The Social Security program does not provide for advances on your claim. If your income and assets are limited, you may qualify for other government support while you wait for your SSDI or SSI benefits. Some options may include: TANF Temporary Aid for Needy Families (TANF) is a federal program that the U.S. Department of Health and Human Services administers. It provides monetary assistance to low-income families with children for a limited duration. SNAP The Supplemental Nutritional Assistance Progra...

When you apply for Social Security Disability Insurance (SSDI) it is real important to think  about the  date of disability you are claiming. If the judge approves your case your date of disability will be used for determining your back due money, monthly payment and when you become eligible for Medicare. If you are found disabled, under the SSDI program there is a five-month wait period before you may begin receiving benefits. For example, if you are found disabled as of January 1, 2021 you would not be eligible to begin receiving benefits until July, 2021, which is five full calendar months from your disability date. These regulations are different for the SSI program, which you can begin receiving benefits at any point after your initial filing date. So if you file for disability benefits January 1, 2021  with a disability date of June 1, 2020, you will only be eligible to receive benefits from your filing date of January 1, 2021. The other benefits is Medicare health ...

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...

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...

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...

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...

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’...

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...

 Acceptable Medical Sources The SSA regulates the sources of your medical documentation to make sure it came from a medical professional or an “acceptable medical source.” Once the SSA confirms your sources of medical documentation are valid, all documentation you gave the SSA will be considered while determining whether or not you qualify for disability benefits. Below are the medical sources the SSA considers acceptable: 1. Licensed physicians (medical or osteopathic doctors) 2. Licensed or certified psychologists (such as school psychologists) 3. Licensed optometrists (for visual disorders only) 4. Licensed podiatrists (typically for foot and/or ankle impairments only) 5. Qualified speech-language pathologists (speech or language impairments only) I do not think chiropractic treatment holds great weight with judges. You are better off seeking treatment from a MD or DO.  In several instances, the SSA will ask your treating physician, doctors, psychologists and/or any other m...

Successfully becoming approved for either Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) with just an anxiety disorder is very challenging. In general mental disorders are difficult to prove. Many mental health issues can be controlled with medication or therapy. Most individuals who receive disability benefits for an anxiety disorder often have other disorders such as clinical depression , bipolar disorder, PTSD, or physical impairments. There are a few different types of anxiety disorders that are recognized by medical professionals. Even though each type has its own characteristics, they are all considered to be symptoms of anxiety. 1. Generalized Anxiety Disorder (GAD) – This is the most common type and is characterized by non-specific persistent anxiousness and concern with everyday matters. 2. Panic Disorder – This type is characterized by brief attacks of terror and fear that occur frequently with no warning. Symptoms during an attack include t...

Have you found it odd that a VA disability determination is not binding at all on the Social Security Administration? VA disability is different from Social Security in that the VA system issues ratings in percentages whereas Social Security is “all or nothing.” You can have a 70% VA rating but there is no equivalent in Social Security – either you are 100% disabled or you are not disabled at all.  Many vets think that qualifying for VA disability benefits automatically makes them eligible for Social Security Disability benefits. However, the two programs define disability quite differently. Both programs also have different applications processes.  In 2017, Social Security published new regulations saying that Social Security will no longer take VA approvals for disability compensation into account when deciding whether to grant disability benefits. In addition, written denials or hearing decisions from Social Security will no longer provide any information on whether the age...

You can use this calculator from the Social Security Administration to give you a general idea of what you may receive if you are successful in collecting SSD benefits. http://www.ssa.gov/OACT/quickcalc/index.html This calculator is a little more time consuming, but it will give you a better estimation of what you may receive if you are successful in collecting SSD benefits. http://www.ssa.gov/retire2/AnypiaApplet.html 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.

From start to finish, Social Security Disability claims can take from one to two years. Unfortunately, during this time it is possible for a claimant to pass away while his/her case is pending. What happens to his/her claim if this happens? Underpayments in disability claims follow very specific rules and differ depending of whether the claim is for SSD or SSI benefits. In very general terms, only a surviving spouse can claim SSI underpayments (in some situations, a parent can claim underpayments that are owed to a disabled child). The order of priority is laid out in  20 C.F.R. §§ 416.542 . In SSD claims, spouses, children, and the deceased's estate may be eligible to collect an underpayment. Priority for payment can be found at  20 C.F.R. §§ 404. 503 . If there is no one eligible to receive the underpayment, it will be necessary to dismiss the disability claim. If you have a loved one who passes away during the pendency of his/her Social Security Disability and you believe t...

Tips for applying for Social Security Disability Benefits with Covid-19 Long-Haulers:  Applying for Social Security Disability benefits can be overwhelming. Here are 9 tipsfor people considering to apply for Disability : 1. Obtain objective evidence.  Explore tests that help to explain symptoms: such as CPET, tilt-table testing, and neuropsychological testing. When getting a CPET, seek out practitioners who understand ME/ CFS  and use  Workwell’s 2-day test-retest protocol  to avoid misinterpretation of results. COVID affects many body systems, long-haulers may need testing from other specialties, depending on how the disease impacted different organs, especially the head, heart and lungs. 2. Talk to a disability lawyer.  Understanding a Social Security Disability is no easy task. Start talking with a lawyer before you file a new case so that it is done correctly. There are many forms that need to be completed. How you answer matters.  3. Be honest abo...

One of the biggest changes is that Social Security Hearings will now take place over the telephone or by video using a home computer. I have compiled some tips for appearing for your hearing over the telephone or video hearing. Location.  Get prepared atleast 15 minutes before your hearing time. Make sure you are in a quiet place with good cell phone service where you can sit comfortably and fully engage in the process. Find a place that is quiet. Do not have the TV on. Do not have your pets near you.  Patience Wait your turn when speaking. These hearings are recorded and if people speak over each other, it causes problems. The best approach is to let the ALJ finish asking the question and wait a few seconds to respond. It is important to think about the question that is asked to you. Time is of the Essence . Be available thirty minutes prior to your hearing. Sometimes there are technology challenges delay hearing start times, so be prepared to be available beyond your schedu...

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...

 There are many levels in Social Security Disability Cases. 1. Original Application: This is the first step in your case. This part of the case is decided at the SSA level. You do not go before a judge at this level. 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. Approximate Wait Time: four months to eight months. 2. Reconsideration: At this level your case is reviewed by a new person who works for SSA. Once again this is not a decision made by judge. The person deciding is supposed to review all the medical information and make a new decision. Unfortunately, most of these decisions are just rubber stamped and not thoroughly reviewed. New medical records can be received and reviewed.  This first appeal also has a high denial ...