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...