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Social Security Disability Attorney In Los Angeles


This is NOT legal advice. This blog provides general information about Social Security Disability cases. To discuss your particular

circumstances and claim, please contact a lawyer in your area. Please feel free to contact Disability Advocates Group at (800) 935-3170

or online if you have any questions regarding your Social Security Disability claim.


DAG Blog

Stay up to date on the latest news in social security disability law.

Disability Benefits for Kidney Transplant and Dialysis

Disability Benefits for Kidney Transplant and Dialysis Disability Benefits for Kidney Transplant and Dialysis

The SSA’s listings for kidney diseases include many subsections in different categories including kidney cancer, cancers of the urinary tract or reproductive tract, and chronic renal problems requiring dialysis etc. However, meeting a diagnosis is not necessarily enough to qualify you for the SSDI benefits. You will need to convince the agency that the limitations caused by your particular urinary disorder, kidney issue, or problem with reproductive organ make it impossible for you to work.

Read on to find out how you can get SSDI or SSI disability benefits for these conditions.

Medical Limitations required by the SSA to approve Disability Claims for Kidney dysfunction

  1. Undergoing dialysis or a kidney transplant or
  2. Serum creatinine levels from a three-month period :
    • Above 4 mg per deciliter
    • At a clearance level of 20 ml or lower per minute
  3. Experiencing at least one of the following complications:
    • Renal osteodystropy
    • Motor or sensory nephropathy
    • Chronic fluid overload syndrome, accompanied by diastolic hypertension, vascular congestion, or anorexia

Chronic Kidney Disease

The SSA has listed specific requirements for chronic kidney disease – for dysfunction other than transplant and dialysis, the section of reduced glomerular filtration is also included by the SSA. The requirements are listed as:

  • - Ongoing peritoneal dialysis (a method of hemodialysis that involves dialyzing solution being put into and removed from the peritoneal cavity intermittently or continuously)
  • - Ongoing hemodialysis (the removal of toxins from the blood with an artificial kidney machine)
  • - Kidney transplantation, or
  • - Reduced glomerular filtration

Reduced glomerular filtration can be shown by persistently high levels of serum creatinine (a natural product of muscle metabolism), low creatinine clearance levels, or a low estimated glomerular filtration rate (eGFR). To qualify by showing reduced glomerular filtration, you must also show that you suffer from one of the following:

  • - Renal bone degradation and bone pain
  • - Peripheral neuropathy (inability to filter toxic substances from the blood)
  • - Fluid overload syndrome despite taking medication, documented by diastolic hypertension, signs of vascular congestion or anasarca (massive edema or swelling), or anorexia with weight loss and BMI of 18.0 or less

Nephrotic Syndrome

  • - Consistent levels of serum albumin of 3.0 per deciliter or lower AND elevated proteinuria of 3.5 g or higher over a 24-hour period
  • - Proteinuria measurements over a 24-hour period of 10 g or higher AND a total-protein-to-creatinine ratio of 3.5 or higher
  • - Chronic Kidney Disease with Complications, which appears in Section 6.09 and requires:
  • - You have been hospitalized at least three times within 12 months, with no more than 30 days in between hospital admissions
  • - History of hospital stays started in the ER and resulted in inpatient treatment of at least 48 hours

Complications of Chronic Kidney Disease

This includes that you stayed at least thrice in a consecutive period of 12 months and the hospitalizations occurring at least 30 days apart. Each hospitalization must last at least 48 hours, including hours in a hospital emergency department immediately before the hospitalization.

Since each person and his condition is different from the other, it makes a unique case for every individual. It is important that you are able to present your case efficiently in order to reap full benefits of the Disability Claims for Kidney Diseases. Our disability advocates are at service to guide you through the process step-by-step 24/7.

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Disability Benefits for Trauma and Stress Related Disorder

Disability Benefits for Trauma and Stress Related Disorder Disability Benefits for Trauma and Stress Related Disorder

Anxiety disorders triggered by an accident or trauma are classified as Post-Traumatic Stress Disorder, PTSD. The SSA classifies PTSD as Trauma and Stress Related disorder under the neurological disorder listings.

Experiencing trauma doesn’t necessarily end up magnified as PTSD for all; However, for some, this could worsen and last a long time and sometimes the symptoms become so severe that they affect a person’s daily cognitive and adaptive functioning.

PTSD is also sometimes referred to as ‘battle fatigue’, ‘shell shock’ and ‘post traumatic stress syndrome’. However, PTSD does not only affect war survivors or those who have served in combat, it can also result from childhood abuse, rape, violence, or even a traumatic natural catastrophes, such as a hurricanes, tsunamis etc.

PTSD can be a basis of a successful disability claim, but you would need to prove to the SSA that your disorder is indeed disabling. In determining whether your disorder is disabling, the disability examiner, DE will look into your medical records, including hospital records and notes from the doctors, therapists and counselors. The SSA could also ask for your doctor, caretaker, or healthcare provider to fill out details in the Residual Capacity Form, RFC, to address the work-related limitations that arise from the disorder.

Medical Documentation for Filing for Disability for PTSD

Although those with PTSD commonly experience periods of anxiety, nightmares, panic attacks and flashbacks that seriously hinder their day to day life, it is important that you have documented all the symptoms and events in your medical records. The SSA will require all of the medical documents:

  • - An exposure to actual or threatened death, serious injury, or violence;
  • - A subsequent involuntary re-experiencing of the traumatic event (for example, intrusive memories, dreams, or flashbacks);
  • - An avoidance of external reminders of the event;
  • - Disturbances in mood and behavior; and
  • - Increases in arousal and reactivity (for example, exaggerated startle response, sleep disturbance).

Along with the medical records, the SSA will also look into the hospital records or your doctor’s notes/opinions to determine the following:

  • - Extreme or marked limitation in understanding, remembering, or applying information
  • - Extreme or marked limitation in interacting with others
  • - Extreme or marked limitation in concentrating, persisting, or maintaining pace
  • - Extreme or marked limitation in adapting or managing oneself

Meeting the above symptoms for PTSD will not be enough to win disability claims. You must be able to show evidence to the SSA that you meet either of the following conditions along with those mentioned above.

This is to determine that your mental disorder or ‘PTSD’ is serious and persistent and you have documented all of your medical visits, treatments and symptoms for at least 2 years following your diagnosis, and there is evidence of one or both:

1 - Medical treatment, mental health therapy, psychosocial support(s), or a highly structured setting(s) that is ongoing and that diminishes the symptoms and signs of your mental disorder

2 - Marginal adjustment, that is, you have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life

In addition to meeting the above criteria to qualify for disability for PTSD, testimonies from third-party individuals such as your boss, coworker, house helper or caretaker may also increase your chances of winning.

You can consult our disability advocates for more personalized guidance.

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Social Security Disability for ADHD

Social Security Disability for ADHD Social Security Disability for ADHD

Attention deficit hyperactivity disorder is a chronic neuropsychiatric condition characterized with an inability to focus attention and complete action. It occurs in both children and adults and is accompanied by restlessness and impulsive behavior.

ADHD symptoms may range from mild to severe, hence impacting a person’s ability to perform substantial gainful activity, SGA at work. Examples of disorders the SSA analyzes based on or related to ADHD include social anxiety disorder, panic disorder, generalized anxiety disorder, agoraphobia and obsessive compulsive disorder.

There are three kinds or levels of ADHD: the inattentive type, the hyperactive-impulsive type, and a combined type. Types of classification of the disorders are mainly done through categorizing the severity of the symptoms - it simply indicates the prevalence of similar symptoms (more of a tendency toward the inability to pay attention, more of a tendency to restless behavior and mental activity, or a combination of both).

If you or a loved one with ADHD meets the triggers as listed by the SSA’s impairments under neurological conditions for ADHD or other disorders, you may qualify for SSDI.

Limitations of ADHD to qualify for SSDI

The SSA updated its listing for anxiety disorders under neurological disorders to include other disorders such as OCD. The symptoms for both anxiety and OCD listed by SSA include:

  • - Excessive anxiety
  • - Worrying a lot
  • - Apprehension and fear
  • - Avoidance of feelings, thoughts, activities, objects, places or people
  • - Being restless
  • - Difficulty concentrating or remaining focused
  • - Hyper vigilance
  • - Muscle tension
  • - Irregular sleep patterns
  • - Fatigue or being tired all the time
  • - Panic or anxiety attacks
  • - Obsessions and compulsions
  • - Constant thoughts and fears about safety
  • - Frequent physical complaints

While many of the symptoms can often be confused with extreme fatigue or anxiety due to excessive work or other conditions, people with ADHD would have lasting symptoms sometimes since childhood. Since there is no specific test or diagnosis for ADHD, your doctor would often jot down symptoms and severity of the affects it has caused you over the period of time along with ruling out possibilities of any other neurological disease that could be causing the symptoms.

Be sure to provide all documents including any MRI or CT scans and any treatment you followed, its effects (if any) and the frequency and severity of your symptoms.

It is important that you document all of the medical evidence including hospitalization, drug prescriptions and your doctor’s reports in addition to your colleague or boss’s reports if possible, to show as evidence to the SSA examiner that your condition does indeed affect your day to day functioning severely. Also be sure to include addresses, phone numbers or other contact details to all persons who could testify to your symptoms affecting your adaptive or cognitive functioning.

Applying for SSDI for ADHD for Children or Adults

A simple diagnosis for ADHD is not enough to win disability benefits. You must meet the specific limitation levels as listed by the SSA for both Para A and Para B below:

Para A

  • - Marked or severe hyperactivity
  • - Marked or severe inattention
  • - Marked or severe impulsiveness

Para B

You must be able to show medical evidence that you undergo the following symptoms:

  • - Marked or severe impairment in age-appropriate cognitive/communication function; and/or
  • - Marked or severe impairment in age-appropriate social functioning; and/or
  • - Marked or severe impairment in age-appropriate personal functioning.

If you or a loved one with ADHD meets the above requirements then you may apply for disability benefits for ADHD directly from the SSA website, or meet our disability advocates to guide you with step-by-step procedure to increase your chances of winning disability for ADHD.

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Disability benefits for Chronic Migraines

Disability benefits for Chronic Migraines Disability benefits for Chronic Migraines

The SSA does not have a specific Blue Book listing for migraines, however, that doesn’t mean you can’t qualify for disability benefits based on chronic migraines. You would be required to show evidence that the migraine is serious enough to hinder your ability for cognitive functioning or your ability to perform substantial gainful activity, SGA.

Most headaches would not qualify for disability benefits. However, if you are among those people who suffer from lengthy episodes of chronic migraines lasting days or even weeks, hindering your cognitive functioning abilities, then you may qualify for disability benefits right away.

Sometimes your impairment for chronic migraines may be related to other underlying or linked causes such as a traumatic brain injury, child abuse, accidents, schizophrenia, ADHD, OCD, bipolar disorder etc. In this case, the SSA will determine your benefits based on diagnosis of the symptoms that best fit the impairment in the Blue Book listing.

What is a Migraine?

A migraine is a recurrent headache often accompanied with an aura of 15 – 20 minutes including seeing light flashes, blurred or colored vision associated with nausea, vomiting, dizziness and sensitivity to light, sound, air, or smell. Most commonly, the one sided headaches come in pulsating form, remain on and off and can last anywhere between brief episodes of hours to long episodes from 3 days to weeks.

The marked disorders for cognitive functioning related to chronic migraines may include, but not be limited to

  • - Disturbances in memory
  • - Attention deficiency
  • - Inability to stay focused
  • - Inhibiting responses
  • - Poverty of though and speech
  • - Disturbances of mood
  • - Loss of appetite
  • - Loss of sleep or too much sleep
  • - Dizziness
  • - Nauseau

To increases your chances of winning the disability benefits, it is best that you visit your doctor regularly and document all of your symptoms related to the episodes of migraine and are able to prove to the SSA examiner that your migraine does indeed, hinder your ability to perform substantial work.

Importance of proving your migraines are disabling

Along with your medical documentation, the SSA would put great emphasis on going through your doctor’s opinions and notes on how your disability turns you disabling. The Disability Examiner will determine the severity and frequency of your disability based on the following:

  • Doctor’s Opinions: Reports and medical notes/views/remarks/opinions by the doctor who primarily treats your condition, such as a neurologist, psychoanalyst, pain management specialist, or headache specialist
  • Medical Records: Specific documentation of your daily symptoms and migraines, so as to measure the frequency of occurrence, duration, location, and intensity of your migraines as well as their effects on your daily living activities, and
  • Prescription Records: Documentation of medications taken and treatments tried, whether successful or unsuccessful, and any side effects you experienced from them.

We suggest, to help your chances of winning disability, keep a migraine diary where you note all the disabling symptoms and conditions during your migraine episodes. Also, make sure to remind your doctor to write notes for each visit, so you may have a better case to present to the ALJ at the hearings appeal if your initial disability application is denied.

You may also consult our disability lawyers for more detailed guidance.

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Disability Benefits for People with Cancer

Disability Benefits for People with Cancer Disability Benefits for People with Cancer

Seeing a loved one or yourself suffering might be challenging in itself, however, that if combined with the financial burden can make it even difficult to cope with the burden of cancer as a disease.

As Martin Luther King once said, ‘Where a man stands in comfort and convenience doesn’t matter, what matters is where he stands at times of challenge and controversy’. The SSA is aware of the emotional turmoil and financial burden that comes with cancer, therefore they have included the longest listing of impairments under a separate section for cancer that deals with almost all kinds of cancer(s).

Qualifying for disability benefits for some aggressive types of cancers can be easier than others depending on the severity, treatment and duration of the disease. Some other factors the SSA includes are:

  • - Origin of the cancer.
  • - Extent of involvement.
  • - Duration, frequency, and response to anticancer therapy.
  • - Effects of any post-therapeutic residuals.

Depending on the type and stage of the cancer, you may also be required to present evidence of these medical records:

For operative procedures, including a biopsy or a needle aspiration:

  • - Operative note and
  • - Pathology report

If the primary site cannot be identified, then you may be required to present medical evidence for metastasis reports of the main site.

Also, in some situations, you may be required to present your doctor’s notes or your medical reports about recurrence, persistence or progression of the cancer, the response to therapy, and any significant residuals.

You may be approved for disability benefits if you meet any of the criteria for these types of cancers:

  • - You have undergone anticancer therapy

This means you had surgery, radiation, chemotherapy, hormones, immunotherapy or other stem cell transplantation to treat your cancer. You may be required to reproduce medical evidence showing that the treatment(s) affected your functioning in substantial gainful activity, SGA.

  • - Metastases

Your cancer has spread to other cells by blood, lymph or other body fluids.

  • - Multimodal therapy

This indicates a combination of two or more types of therapy to treat the cancer such as radiation and surgery to treat the affected tissues. Other examples include chemotherapy followed by surgery, chemotherapy and concurrent radiation etc

  • - Progressive

This means that the cancer became more extensive after you initiated treatment; that is, there is evidence that the cancer started growing after you had completed at least half of the prescribed treatment

  • - Recurrent or relapse

This means the cancer that was in complete remission or evicted totally has returned.

The types of cancers included in SSA’s listing of impairments:

  1. Soft tissue cancers of the head and neck
  2. Skin cancer
  3. Soft tissue sarcoma
  4. Lymphoma
  5. Leukemia
  6. Multiple myeloma
  7. Cancer of the salivary glands
  8. Cancer of the thyroid gland
  9. Breast cancer
  10. Skeletal system sarcoma
  11. Maxilla orbit or temporal fossa
  12. Cancer of the nervous system
  13. Lung cancer
  14. Pleura or mediastinum
  15. Esophagus or stomach cancer
  16. Cancer of small intestine
  17. Cancer of large intestine
  18. Liver or gallbladder cancer
  19. Pancreatic cancer
  20. Kidney, adrenal glands or uterus carcinoma
  21. Urinary bladder carcinoma
  22. Cancers of the female genital tract (carcinoma or sarcoma)
  23. Prostate gland carcinoma
  24. Testicle cancer
  25. Penis cancer
  26. *primary site unknown
  27. Cancer treated by bone marrow or stem cell transplantation
  28. Malignant melanoma

If you have a severe cancer not listed in the listing or if you do not meet the severity guidelines, you may still qualify for disability benefits for cancer depending on how the cancer is affecting other bodily organs included in the listings. For example, malignant cancer of liver may be affecting your immune system severely, which in turn may turn you eligible for disability benefits.

For more details and personalized guidance please contact our disability advocates in California.

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Qualifying for disability benefits due to cancer

Qualifying for disability benefits due to cancer Qualifying for disability benefits due to cancer

A number of cancer survivors undergo an unfortunate loss of weakened body systems which may quite often cause temporary or permanent problems in adaptive functioning. At times, these complications or relapsing side effects may not come for years after having successfully treated your cancer. In this case, it is important to keep all medical evidence documented for at least last 2 years to be able to qualify for disability benefits on lasting effects or side effects of cancer.

When you are able to reproduce long term disabling effects of your anti cancer treatments, it may be easier to qualify for SSDI benefits. The SSA would consider your case using three types of criteria:

  • The type of cancer and its location.
  • The extent of involvement when the cancer was first demonstrated.
  • Your symptoms.

Other criteria would be the duration of your impairment arising from cancer.

Duration of impairment to be disabling

This means how long after the treatment would your impairment be counted as a disabling condition arising from the cancer. This includes three basic criterion for measurement by the SSA:

  1. In some types of cancers, disabling effects arising within 12 months of the anti cancer treatment would be accepted as disabling impairments resulting from the cancer, hence eligible to qualify for disability benefits. For impairments arising after 12 months of anticancer treatment, you would be required to justify that through medical reports and your doctor’s notes.
  2. When the listing does not specify the relapse time of the disabling condition, then any impairment arising within 3 years of the start of complete remission of the cancer may be counted as eligible to qualify for benefits.
  3. If you have a recurrent or relapse of the cancer, you would automatically qualify to be eligible for SSDI benefits.

Radiation and chemotherapy has also been associated with problems such as heart problems, liver problems, lung diseases, bone weakness, cataracts, reproductive disorders, hypothyroidism, intestinal problems, cognitive dysfunction and eye problems, to name a few. If you can show evidence that you developed any of these impairments as a result of your anti cancer treatment, then the SSA would evaluate the impairment on its own as one of the impairments in the listing, without connecting necessarily to cancer as an impairment.

No more disabling due to cancer!

When you have successfully evicted your cancer and any types of metastases, tumors or lymph nodes associated with it and have not developed any of the problems arising from cancer within three years of remission, then any problem arising after that period will no more be considered disabling due to that specific cancer.

On another note, this means that if you are granted disability benefits due to that specific cancer, then the disability award will stand for a minimum of three years, even if the cancer seems to have been successfully treated before the end of three years of the disability award.

You may contact our disability lawyers for more personalized guidance for winning disability benefits for cancer.

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Disability Benefits for children with cancer

Disability Benefits for children with cancer Disability Benefits for children with cancer

The Social Security Administration does not provide disability benefits for all types of cancer, however, if your child's disability is listed in the Social Security's Blue Book of Impairments or qualifies the SSI Disability you may be provided benefits to cover the costs of most of the disease expenses.

Hearing the news that your child has been diagnosed with cancer can be devastating enough. Unfortunately, in order for your child to be qualified under SSDI benefits he/she will have to meet all of the criteria for social security’s basic disability requirements under SSA.  You can read more on that in point 25.

Medical bills can skyrocket when your child is undergoing treatment. Bills could increase even more when you have to provide and care for additional siblings and travelling to and fro from your workplace for treatment. You could also have to leave your job to facilitate treatment in another city. SSA provides basic care through Medicaid and SSI benefits to the most deserving. SSA will evaluate the extent of the severity of the cancer by looking into the so-called “Blue book”, that is a standard guide used to evaluate claimants and decide whether they meet medical eligibility requirements for SSDI.

Medical eligibility for children with cancer

All childhood cancers are listed in the section 113 of the Blue Book. While determining the severity to qualify your child for SSDI, the SSA will look for

  • The origin of child’s cancer and the treatment time it took;

A point to remember is any brain cancer will automatically be considered for SSDI. You would just have to produce a biopsy report or a written medical record issued by child’s oncologist.

  • The advancement of the disease and whether it left any long lasting effects;

This includes any side effects that SSA will directly consider for SSDI including

  • Stomach issues
  • Ongoing weakness
  • Mental health issues after the treatment or due to the treatment
  • Neurological complications
  • Cardiovascular complications
  • The impact of post treatment side effects or if there was any relapse

The SSDI would consider the child if he/she shows visible limitations in performing daily tasks, or speech impairment or any issues such as

  • Unable to be present minded, attending to or completing tasks
  • Interacting or relating to others
  • Learning and using new information
  • Health and physical wellbeing affected
  • Unable to tend to personal needs
  • Moving about or manipulating physical objects
  • The duration, frequency and time of treatments for each type of cancer

For this it is important that your medical records show drugs given, dosage, frequency or treatment drugs, extent of treatment drugs, radiation therapy frequency and any surgery done. Children with specific types of cancers are given priority under SSDI that have a higher chance of being affected like the above mentioned cases. These include:

  • Malignant solid tumors
  • Childhood lymphoma
  • Neuroblastoma
  • Retina blastoma
  • Ependymoblastoma
  • Malignant melanoma

Considering the situation of your child thoroughly, the SSA will state on your application why your application was denied. You could not apply to the social security benefits online, so to make the best of your chance and to find out more about the functioning and domains of how SSDI benefits cover your child’s cancer treatments, you can contact our professional lawyers at Disability Advocates Group Law Firm (DAG)  who are ready to provide you all the assistance you need. Once the application is approved you could then focus on the most important matter at hand, caring for your child in disease.

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I was denied disability benefits besides having enough work credits

I was denied disability benefits besides having enough work credits I was denied disability benefits besides having enough work credits

Most people go to panic modes when they get their disability applications denied - However, most people do not realize that denied disability benefits could be appealed within the six months of denial with a 35% chance of getting your disability benefits approved at some level of appeal.

Read on to find out how!

Social Security Disability Insurance is a Social Security tax fund under which individuals with enough work credits and history qualify. Applicants who qualify under SSDI should have paid social security taxes to qualify under SSDI. However, still applications which are not developed run a high risk of denial. A denial doesn’t necessarily indicate that you are not disabled. Although the disability may be beyond your control but filing out the application carefully and making sure you are not doing anything that shows up as misleading information in your application to the SSA could be the key to your SSDI acceptance. Here’s a few things you may be doing wrong:

  • You don’t show hard medical evidence

You need to prove that your disability is severe enough through your medical records. For example, you may be seeing your doctor for severe spinal pain. But your medical records do not indicate that the pain is interfering in your work life balance. This will result in denial. Hence, you need to discuss with your physician how the disability is interfering in your work/life balance and show it in medical records.

  • Your disability is not long lasting or would be soon recovered

Presented the case above, you may still be denied the SSDI benefits. Under SSA, your medical condition needs to be severe enough to prevent you from working for one or more year, or has a potential risk of death. For example, you are filing for SSDI following a motorbike or automobile accident resulting in a bone fracture. But if that bone fracture isn’t expected to last one year or impair your work ability, you may be denied. The only exception to one year rule is blindness. However, if the fracture is severe enough to last more than one year, you need to have medical evidence to back up your application.

  • You earn more than enough income

If you are working too much to gain a high income, much more than the standard of Substantial Gainful Activity (SGA) under SSA that is $1180 per month set in 2018, you will be considered as earning too much. Your disability claims cannot exceed the asset limits set by the SGA. You would risk denial if you do so. If your income exceeds the upper limit i.e., $1500 set by a complicated formula by the SSA, you would be denied completely regardless of your disability in most cases.

  • You do not cooperate

Your medical records and consultations are important for your application. But if you deny the SSA rights to collect your medical history this would come off as refusal to cooperate resulting in denial. Also, SSA may need additional information about your disability hence sending you to a doctor. And if you fail to do so, you would be denied.

  • You don’t follow prescribed treatment by your doctor

With some exceptional cases under this rule, your failure to follow prescribed treatment by your doctor would come off as refusal to get fit for work resulting in denial of your application. Some exceptions would include

  • - Intense fear of a surgery involved
  • - Movement out of the house due to you being unable to move due to disability or you living alone
  • - Sever mental illness or side effects due to treatment

Some non medical exceptions to the rule that could result in denial include:

  • - Your religious believes prohibiting you from treatment
  • - You can’t afford the treatment because you don’t have money
  • - The doctor prescribed a treatment that another doctor contradicts with
  • - Your disability is due to substance abuse

The SSA will simply deny you SSDI benefits if your disability is due to alcohol or drug abuse under DAA.

  • You have a past of being convicted of a crime

If you become disabled in prison after being convicted of a crime you would be denied. You would be able to apply or receive the benefits if accepted after released from the prison. But you would be denied if you are still in prison.

  • The SSA could not find you

Perhaps you moved houses to another city or hometown or changed your mobile/telephone numbers, if the SSA could not establish contact with you within a specific time after receiving the application, you would be denied.

  • You committed fraud

With all the cases stated above, if the government finds any of the information in your application as being manipulated to mislead the SSA into granting you SSDI, you would not simply be denied but also prosecuted to the end by the law.

 

With all said, if you want specific advice you can hire a qualified social security disability attorney at Disability Advocates Group Law Firm (DAG)  to help you fully understand and prepare for your appeal properly as well as filing and preparing all of your paperwork, increasing the chances of your acceptance.

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How to check the status of my social security disability application

Here is how you can check your disability status online Here is how you can check your disability status online

Waiting for the judgement of your disability application can get stressful and boggy. This is because it could take anywhere between 3 to 6 months for a final verdict on your disability benefits application.

However, the Social Security Administration understands this. That is why as you wait for the ruling, you are provided with the option to check your disability status online from the SSA site.

Depending on your disability case it may take between several days to weeks for your application to get approved or denied. There are several ways you can check the status of your disability application depending on the stage it is in.

Here is how you can check your SSDI application status online

If your case is being managed by one of our lawyers you can contact our lawyers directly at Disability Advocates Group law firm (DAG) or call us at 800-935-3170 or visit us at 17525 Ventura Blvd, Suite 308, Encino, CA 91316. We strive to keep you abreast of any changes in your application status and are already ready to answer your legal questions.

Hence, you can have the disability attorney working on your face contact the Social Security Administration to determine the status of your file on your behalf.

In addition to talking to your attorney, you can directly check the status of your application by:

  • - Call your local SSA office directly at 1-800-772-1213, Monday through Friday, from 7 a.m. to 7 p.m.
  • - Contacting the disability examiner that has been assigned your case and engage with him/her directly on call or visit their office to discuss the details (You can get their contact details at your local SSA Office) or
  • - Visiting your nearest SSA office through the Social Security Office Locator at https://secure.ssa.gov

How long does it take the SSA to review my application?

The SSA makes a decision on your application on most of the Social Security Disability Claims SSDI within three or four months, with some cases taking up to six months.

However, if your case was denied and you appealed it to be heard by a local administrative  law judge (AL J) ,it can add a flurry of few months in addition to the basic time, taking it anywhere between nine months to two years.

The Social Security Administration will notify you as soon as the decision is made for your disability application. However, it is important you make sure you still have access to all the contact details you provided in your SSDI application. If you still do not hear from the SSA within 3 to 5 months, then you may have to visit your local SSA office directly or have your attorney do that on your behalf.

That said, if your case was denied and you want to appeal to the SSA’s decision, you can contact our lawyers at Disability Advocates Group law firm (DAG) directly.

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Will the change in my home address affect my SSDI benefits?

Moving Homes and the Change in your SSDI Benefits Moving Homes and the Change in your SSDI Benefits

In most cases the Social Security Administration will simply need to be informed of the change in your address within due time to continue sending your benefits check to your new address.

However, if you are going to move as far as another State or just down another home in your street, you will need to inform the SSA of your new address - this is important so your check reaches the right destination.

Social Security Disability benefits are awarded after a dynamic process of application submission and claim cross checking by the SSA under Federal Rule. In most cases, if you’re moving from state to state you would not have to reapply to the SSA as you will get continued benefits from the previous application. That is because SSDI is a program under Federal Rule as stated above and hence your eligibility is not affected by the change of your address within the country.

If you are moving regardless if you move to another state or just across the street you will have to notify the SSA of the change in your address and also of your new phone number if you have changed that too. The sooner you notify the SSA of the changed information the less consequential problems you would face having your Social Security Disability benefits forwarded to your new address.

If you are a claimant moving out of US, there will be a time limit set by the SSA before they cut out your claims. Since both SSI and SSDI are SSA programs, it depends on what program you are receiving benefits under and how long you have been receiving them. Depending on what country you are moving to, including the fact that you aren’t moving to a prohibited country, and also how long would you stay in the new country the SSA will base their decision on whether to continue or cancel your claims under Social Security Disability, SSDI. If you are receiving Supplemental Security Income (SSI) the SSA would not stop your benefits until after 30 days you have moved out. While if you are receiving Social Security Disability claims your benefits the SSA would only stop the benefits until after 6 months of you being moved to another country. You can reinstate the benefits after returning to the US.

You can get personalized guidance  for your case or get paperwork done by contacting our professional Social Security Disability Attorneys at Disability Advocates Group law firm (DAG).

 

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Getting pregnant while on Social Security Disability

Getting pregnant while on Social Security Disability Getting pregnant while on Social Security Disability

Family leaves or maternity/paternity benefits allow to take off from work and take care of yourself and your newborn without worrying about losing your job or winning bread during those days.

Childbirth and pregnancy are beautiful things nature has bestowed upon human beings and are in most cases truly rewarding experiences. In some cases, the pregnancy may result in complications that may cause temporary or permanent disabilities. The social security disability provides benefits to people with disabilities who qualify for disability in the Blue Book. Routine pregnancy may not qualify you for disability benefits.

Being pregnant may prevent you from doing some types of routine work or cause temporary disabilities lasting less than 5 months period. The SSA, however, defines disabilities through many vigorous criteria. (provide link) Unless giving birth causes a disability or if the child is born with disability, your pregnancy and childbirth may not qualify under SSDI. You may still be eligible for supplemental security income benefits, SSI.

The US has two federal laws that cater for the maternity benefits for working women.

- Family and Maternity Leave Act, FMLA

- Pregnancy Discrimination Act, PDA

Short term disability benefits

Short term disability, STD is also known as an insurance term describing any condition that may prevent you from going to work, for a short period of time if you have already used your sick leave. Some states including California, Hawaii, New Jersey, New York and Rhode Island have working STD programs. An employee, will have to file a case and if you got a short term disability due to pregnancy or childbirth preventing you from going to work between 9 – 52 weeks, you may become eligible for STD benefits. You will receive a percent of your usual wages (55% to 60%) until you are able to go back to work.

The STD will not provide you continued benefits once you are able to go back to work. But the good news is, California and New Jersey have paid parental leave programs that are run through the state disability insurance office.

Many States have passed their own FMLA which allows sometimes even greater benefits to the qualified employees. A handful of States pay better than the federal gov including California, D.C., Hawaii, Washington, New York, New Jersey, Rhode Island etc..

California Short-term disability during pregnancy

California's short term disability program provides mothers with eight to ten weeks of paid leave for normal pregnancy and childbirth. The paid family leave also provides you up to six weeks of paid leave to the qualifying employees.

A few States also offer paid family maternity benefits to allow you to take care of your child and yourself without worrying about the finances.

If you need more information about paid maternity benefits, you may contact a social security attorney at DAG directly.

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Getting Health Insurance while on Disability Benefits

Getting Health Insurance while on Disability Benefits Getting Health Insurance while on Disability Benefits

The Affordable Care Act (ACA) will fundamentally change the conditions that influence Americans to apply for federal disability insurance benefits. Because disability insurance confers health insurance in addition to cash benefits, it is an attractive option for many individuals with work-limiting disabilities. At the same time, leaving employment to apply for disability insurance benefits (a requirement for application) can be risky for those who obtain health insurance through their employers, making it a relatively unattractive option for others.

By enabling access to affordable private health insurance and expanding access to subsidized public health insurance, the ACA alters the calculus of disability claiming decisions. Whether it will lead to more or fewer applications for disability benefits is not clear yet. 

The social security administration, SSA runs many programs providing benefits to those in need. These include social security disability, SSDI, supplemental security income, SSI, Medicaid and many others. SSA has provided over 60 million American’s the benefits today. Among these a vast majority were covered under social security disability. Those covered under SSDI receive monthly payments in cash to make sure that they remain financially stable despite their disabilities.

You may have other health insurance programs and thankfully they do not affect your SSDI. If you qualify for social security, you may keep SSDI benefits while also applying or getting benefits under other health insurance programs under SSA, that is programs like Medicaid. This means that you can pay your hospital bills, routine checkups, medical tests and physician fees through your health insurance programs without having to surrender your SSDI which covers your disability.

While your health insurance does not affect your SSDI, if you qualify for other non governmental institutions that cover a percentage or whole of your disabilities then you stand a risk of losing your SSDI benefits as you will already become financially stable through other programs. To see whether you qualify for social security you can read here.

SSDI requires a 29-month period from the onset of the disability to the determination of eligibility, where "onset" is the time of starting of your disability defined by your SSA examiner as the intersection of two events: occurrence of a qualifying health condition and cessation of meaningful work. This means that workers who have a health condition that limits their ability to work face a difficult dilemma (often referred to as "employment lock"): They can either attempt to keep working in spite of their impairment to maintain health insurance from their employer or they can stop working to apply for SSDI and risk an extended period of time without insurance.

Conducting research for social security and applying for SSDI can be tiresome when you are already undergoing depression and anxiety because of your disability.

Our social security attorneys have vast experience of the SSDI filing that can help you avoid the mistakes that you may otherwise make. If you are considering for applying to the SSDI benefits, you may contact our social security attorney at Disability Advocates Group law firm (DAG).

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8 things you must have/do before applying for Disability Benefits

Documents you must have when filing for disability Documents you must have when filing for disability

A successful disability application is which has been fulfilled properly and has minimum probability of being denied. It requires a vast knowledge of the do’s and don'ts's concerning your SSDI since only minor carelessness could be the reason of your disability application being denied.

The most difficult thing in your SSDI application is to prove your disability is severe enough to last a minimum 12 months, or unfortunately, result in death. When you are disabled, this may be a overwhelming task since you may already be under depression or anxiety because of your incapacity to perform work or your disability taking its tolls on your life.

Nonetheless, if you think that your disability is severe enough and prevents you from going to work or perform in substantial gainful activity, SGA, then you should apply for your disability benefits as soon as possible.

One common misconception people have is that they have to wait for at least 5 months since their disability to be able to file an application. That is not true. You should apply as soon as your disability and its severity are diagnosed because the time it takes for your application to be processed by the social security administration (5 months) will be counted as the time required for the waiting period of your disability (5 months). However, if you indeed qualify for disability benefits, you will most likely receive Disability Backpay for most of your medical bills during the time your case was being decided.

Here is the tip: You should immediately file for disability if your doctor is sure that your disability is expected to last longer than 12 months, impairs your ability to perform substantial gainful activity and is listed in the Social Security Administration’s Blue Book of impairments.

Here are the documents you should have before filing your claim:

  1. Your Social Security Insurance number;
  2. If you were born outside the United States or its territories, the name of your birth country at the time of your birth (it may have a different name now), Permanent Resident Card number (if you are not a U.S. citizen);
  3. If you were in the military service, the type of duty and branch, and also your service period;
  4. Your W-2 Form from last year or, if you were self-employed, your federal income tax return (IRS 1040 and Schedules C and SE); Medical records of your sickness, injuries, and conditions, containing dates of treatment, and patient ID numbers; and the names, addresses, and phone numbers of the medical providers who treated you;
  5. Names and dates of medical tests you have had and who requested the tests;
  6. Names of medicines you are taking and who prescribed them;
  7. Medical records that you already have; and
  8. A list of up to five jobs and dates you worked during the last 15 years under SGA

You can go to your nearest social security administration office, or contact them through telephone 1–800-772-213, or apply online directly on the SSA’s website

To improve probabilities of your initial claim to be accepted you need to make sure to collect and keep all of your medical records to be presented with your ssdi claim. For specific guidance on your situation, requirements and disability you can consult our social security attorneys to guide you through the process smoothly and minimize the possibilities of denial.

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Disability Benefits due to Reduced Functional Capacity caused by Back Problems

Disability due to back pain Disability due to back pain

If your back impairment or disorder, as mentioned by your doctor/physician in your medical records affects your Reduced Functional Capacity, RFC and Substantial Gainful Activity, SGA, then you might qualify for disability benefits.

Claims due to back pain caused by disc damages or nerve problems are very common to the Social Security Administration, SSA. The SSA realizes that almost 50% of the people between age 40 t0 50 and 70% of people between age 50 to 65 suffer either kind of back problems mostly due to age factor. However, not all back problems are listed under the eligible muskoskeletal problems in the Blue Book of impairments by the SSA. However, it expects most of the people to reach full retirement age to qualify for disability. So, it can get tough qualifying for disability based on not-so-serious back problems.

How to win disability claims for back disorders?

To make sure that you stand a higher chance of winning disability claims for your back pain, you need to show evidence to your disability examiner, DE that your back pain is indeed hindering your ability to move and work properly. The SSA will need to be ensured that your back pain is indeed not moderate and is actually debilitating and severe. Based on your condition, you may have to proved that you are unable to sit or stand for longer amounts of time, or carry out normal bodily movements like bending or scooping without hurting excessively. Also, for all conditions reparable in the back disorders listed by the SSA in the Blue Book, you may also have to prove either that your condition lasted for more than 12 months of consecutive period or that it is expected to last more than a year.

Qualifying for Disability due to Back Pain

If you meet the above conditions, the only criteria you need to fulfill now to avail the disability benefits is that your condition is listed in the SSA’s list of muskoskeletal impairments. It contains the following back problems listed in the document:

  1. Major dysfunction of a joint due to any cause
  2. Reconstructive surgery of a basic weight bearing joint
  3. Disorders of the spine such as nerve root compression, arachnoiditis, osteoporosis etc
  4. Amputation due to any cause
  5. Fracture of the femur, tibia, pelvis, or one or more of the tarsal bones such as herniated disc
  6. Fracture of an upper extremity of the back
  7. Soft tissue injury such as burns, ruptured muscles
  8. Vertebral fracture
  9. Degenerative disc disease

 

Residual Functional Capacity (RFC) for Back Problems

Your disability examiner, DE with the help of a qualified medical professional will examine your doctor’s reports of your disability due to back pain and see whether it fit the criteria of the SSA. Mostly the doctor’s restrictions listed for back pain disability include prohibition to lifting heavy objects, sitting or standing for too long, keeping bad posture or perform heavy exercise). The DE will give you a rating based on the severity of your condition based on your doctor’s restrictions mentioned in your medical report. These include four levels: sedentary, light work, medium work, heavy work.

You may read more on RFC here.

If your DE assigns you an RFC for light or medium work and have always done heavy work, you could be automatically approved for benefits in some cases (especially if you're older than 55 years of age). In many cases, however, you will be denied benefits if you have an RFC of medium or light work.

The RFC reports combined with the DE’s ratings varies for each person. However, you might consider the help of a social security attorney to make sure you know how to approach your doctor and DE for full assistance. For instance, if your doctor assigns you heavy restrictions on your back pain, your disability attorney may know the right questions to ask your doctor to assign you a low residual functional capacity.

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SSA Disability benefits | Back disorders caused by nerve root compressions

Disability benefits due to nerve root compression Disability benefits due to nerve root compression

In order to get approved for disability benefits for back pain, you’ll have to show the Social Security Administration, SSA that your pain is beyond the moderate back pain that many people experience and that you have trouble standing, walking, or sitting or long periods of time or perform work under substantial gainful activity, SGA.

Compression of the root nerve in the back is one of the few physical disorders of back pain that are counted as disability in the Blue Book of Impairments. Hence, if a compressed root causes chronic or severe pain, that makes you unable to perform SGA, you might qualify for the Social Security Disability benefits and Medicare.

Back injuries can be caused either by natural causes such as aging, poor posture, heavy work, excessive strain on the back or by accidents such as fractures, spine damages due to accidents, nerve root compressions, bacterial infection of the spine, sciatica pain etc. Other conditions could also include diseases like osteoarthritis or osteoporosis, rheumatoid arthritis etc.

Many applicants filing for disability based on back injury list osteoarthritis or osteoporosis as their main causes of chronic back pain rather than a traumatic incident or a severe back injury. This is because a back injury due to natural processes is more common than accidental injuries. That is why the SSA takes into account back injuries caused by the natural processes.

Eligibility for Disability based on Compression of Nerve Root

The medical criteria for proving that your back pain is indeed due to nerve root compression involves a basic leg raising test that should be positive (lying down or sitting) in order to be labeled as nerve root compression by the doctors. The test is performed by your physician or doctor in the clinic. To get approved for disability benefits based on a spinal disorder, you must indeed be able to prove that your spinal nerve root is compressed and that the compression is causing the pain to radiate, limiting your range of motion or angle of movements in proper direction, dulling your reflexes or sensations and your muscles to be atrophied or weakening of the muscles.

Although you are not technically required to have an MRI scan done to show the root nerve damage/compression, doing so might help your case. Let’s be absolutely clear: this is not an easy disability listing to prove or get approved for getting disability benefits – However, even if you do not have an impingement of an MRI to show your nerve root compression, your doctor or physician might still be able to prove to the authorities that you do indeed have a genuine disability due to the nerve root compression.

Here is how to ensure that your doctor is supportive of your disability claim

If your back pain has prevented you from working under SGA for more than twelve months or if your doctor/physician is sure that your disability will last longer than 12 months, then you should indeed file your claim for disability due to nerve root compression immediately.

If your back pain causes significant deficiencies in your bodily movements such as stooping or picking up things, sitting up properly, unable to sit up or stand for long periods of time, unable to walk without crutches or a wheelchair, unable to bend etc, then make sure that all these conditions are properly recorded with medical evidence or your doctor’s statements in your medical records. These might be beneficial in helping you win your disability claims benefits due to nerve root compression.

Lastly, if you or a loved one with a muskoskeletal impairment such as back pain due to nerve root compression needs help with disability claims, you might contact a disability attorney to help and prepare you for proper disability application.

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How do I get my Disability Backpay? (Disability Past Due Benefits)

Disability Backpay Disability past due benefits

 

Disability benefits take a long time to be granted depending on your disability case and whether it is granted at first attempt or you go through a reconsideration or appeals process. Hence, the full procedure can take anywhere between six months to two years, to finally get your disability claims granted.

What is Disability Backpay?

Disability backpay is when almost all claimants get their past due benefits if and once they are approved by the Social Security Administration to receive disability benefits. During the claims process, you will have to pay for your disability such as medical bills, doctor’s fees, prescriptions, wheelchair and many such bills from your own expenses. However, once you get your disability claims approved, you will be reimbursed the amount spend on your disability during the process – hence, the disability backpay.

To learn about your SSDI medical eligibility, click here.

When will you be granted Disability Backpay?

How far back will you receive your disability backpay will depend on several factors, such as:

Application Date

The first factor that determines when your disability will start depends on the time you filed for your disability i.e., your disability application date. Normally a disability applicant receives disability backpay dating to the start of their disability filing application however, in some case the disability benefits are paid even prior to the application date, from the time the disability actually started, known as retroactive period. The retroactive period benefits only apply to the disability claimants.

Alternatively, if you have a ‘protective filing date’, you can get your disability benefits backpay starting from that date as if it were the application date.

Date of Disability Recorded in your Medical Records

The second most important factor regarding your disability benefits is the start date of when your disability started.

A disability claimant who has been approved for benefits will be given an EOD, or "established" onset date. The established onset date is set by your DDS disability examiner, or an administrative law judge, ALJ (if your case has gone to hearing), and is considered to be the date for when your disability actually began. The EOD will be based entirely on your medical records and work history. In other words, how far back your disability is recorded to be started is to be decided according to the evidence available from your doctor's reports, lab test results, and disability application.

For SSDI claimants, whether or not benefits will be payable back to the beginning of the 12-month retroactive period time will depend on the onset date that is established, either by a disability examiner or by an administrative law judge. But there is another important factor in determining the SSDI starting date, i.e., a waiting period.

Five-Month Waiting Period

Additionally, the SSDI applicants who have been approved and given an established date of onset will have five months of benefits removed from the beginning of their disability. In other words, the "date of entitlement" doesn't start until five months after the EOD.

If your disability claims examiner or the administrative law judge determines that the onset date is 17 months prior to the application date, or more, the claimant should be entitled to the entire 12 months of retroactive benefits prior to the date of the SSDI application.

Lump Sum Payment

Regardless of the amount or period of disability backpay, the SSDI amount of disability backpay is always paid as a lump sum.

If you or a loved one has filed for disability and has to claim a disability backpay, you can consult a disability attorney here.

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What is Social Security Disability Insurance and Medical Eligibility?

What is Social Security Disability Insurance and Medical Eligibility? What is Social Security Disability Insurance and Medical Eligibility?

The federal government managed Social Security Disability Insurance (DI) program pays monthly benefits in the form of cash or paycheck to eligible people in the US workforce who are unable to go to work because of a critical disease or a chronic illness that is expected to last longer than a year or cause death within the year. It is a piece of the Social Security program that additionally pays retirement benefits to by far most of more established Americans. Benefits depend on the clinically ill worker's past work credits and are paid to the disabled worker and to his or her needy survivors. To be qualified, an incapacitated worker is more likely required than not worked in occupations secured by Social Security.

How Much Is the Disability Benefit?

The disability benefit is linked through a formula to a worker's earnings before he or she became disabled. The benefits are calculated through the AIME formula.

The  SSDI amount paid to SSDI recipients vary between $800 and $1800. The average monthly SSDI income in 2019 is $1234 for blind and $1980 for non-blind.

Who Pays for Disability Insurance Benefits?

Workers and employers pay for the SSDI program with part of their Social Security taxes. Workers and employers each pay a Social Security tax that is 6.2 percent of workers' earnings up to a cap of $132,900 in 2019. The cap is adjusted each year to keep pace with average wages. Of the 6.2 percent, 5.015 percent goes to pay for Social Security retirement and survivor benefits and 1.185 percent pays for disability insurance. The combined tax paid by workers and employers for disability insurance is 2.37 percent of wages, while the combined tax for retirement and survivor benefits is 10.03 percent, for a total of 12.4 percent.

Attributes of Disabled-Worker Beneficiaries

Disabled-worker beneficiaries are at risk of being poor or near poor. About 30 percent of disabled workers, compared to 15 percent of all working-age adults, have incomes below 125 percent of the poverty threshold. Moreover, 82 percent of SSDI beneficiaries rely on Social Security for more than half their income, and 37 percent of disabled worker beneficiaries rely on these benefits for all of their income.

SSDI recipients are also more likely to be older, with the average age of beneficiaries at 54 in 2019. Three out of four (74 percent) are over 50 years old and a third (34 percent) are over 60 years old.

When comparing with other adults, disabled workers are more likely to be black, and to have a lower level of educational attainment; almost half have a high school diploma or less.

What are the common disabilities of SSDI recipients?

  • musculoskeletal problems, such as back injuries
  • cardiovascular conditions, such as heart failure or coronary artery disease
  • senses and speech issues, such as vision and hearing loss
  • respiratory illnesses, such as COPD or asthma
  • neurological disorders, such as multiple sclerosis, cerebral palsy, Parkinson's disease, and epilepsy
  • mental disorders, such as depression, anxiety, schizophrenia, autism, or retardation
  • immune system disorders, such as HIV/AIDS, lupus, and rheumatoid arthritis
  • various syndromes, such as Sjogren's Syndrome and Marfan Syndrome
  • skin disorders, such as dermatitis
  • digestive tract problems, such as liver disease or IBD
  • kidney disease and genitourinary problems, and
  • cancer
  • hematological disorders, such as hemolytic anemias and disorders of bone marrow failure

With all said there is no blinking the fact that the SSDI pays around 8.5 million Americans in disability benefits each year. However, still the US’s spending on disability benefits is relatively modest as compared to a 1.3% of Germany, 2.5% of Sweden and 2.8% of Netherlands, the US spends only 1.4%.

If you need more details or help in filing your social security disability, you may contact us.

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5 types of American citizens who are not eligible for Social Security

5 types of American citizens who are not eligible for Social Security 5 types of American citizens who are not eligible for Social Security

Very few US citizens are denied their Social Security benefits if they fit the minimum required criteria. However, there are always exceptions to the most lenient of policies if the citizens do not meet those criteria. These include:

Criteria #1: There is a minimum requirement to collect Social Security disability benefits: besides meeting the medical requirements, he Social Security Administration requires "enough work" as earning 40 Social Security credits. More specifically, in 2019, an individual receives one credit for each $1,360 in income, and they can earn a maximum of four credits per year. So, 40 credits are roughly equal 10 years of work.

If you earn the federal minimum wage of $7.25 an hour, you’ll need 179.3 hours of work to receive one credit toward Social Security. By working just 15 hours a week at this wage, you’ll earn the maximum credits per year. That means even those who work part-time so they can attend school or care for a child—or those who work part-time because they cannot find full-time work—can amass Social Security credits without too much trouble.

Earned credits never expire, so anyone who has left the workforce with close to 40 credits might consider going back and doing the minimum additional work they need to qualify. You can check the number of credits you have so far on the Social Security website.

Criteria #2: Certain Legal Immigrants

Legal immigrants who have earned 40 Social Security work credits in the United States are eligible to receive full U.S. Social Security benefits. Immigrants who do not have enough U.S. credits but who come from one of the 26 countries with whom the United States has social security agreements or totalization agreements, can qualify to receive pro-rated benefits. These benefits are based on their work credits earned abroad combined with their U.S. work credits, an arrangement that is particularly helpful for older immigrants who are not likely to accumulate 10 years of work in the United States before retiring. Workers who have not earned at least six U.S. credits, however, cannot receive payments under totalization agreements.

Criteria #3: Certain Government Employees

Federal government employees hired before 1984 may be grandfathered into the Civil Service Retirement System (CSRS), which provides retirement, disability, and survivor benefits. These workers do not have Social Security taxes deducted from their paychecks and so are not eligible to receive Social Security benefits. They may still qualify if they have earned benefits through another job or a spouse; however, in these cases, CSRS pension payments may reduce Social Security payouts.

However, government workers who are covered by the Federal Employees Retirement System (FERS) (which replaced CSRS) are eligible for Social Security benefits. 

Most state and local employees have Social Security protection under a government law called a Section 218 agreement. However, some of these workers, including those who work for a public school system, college or university, will not receive Social Security benefits if they do not pay Social Security taxes. But they generally receive pension benefits from their employers.

 

Criteria #4: Self-Employed Tax Evaders

Self-employed workers are lawfully required to report and pay self-employment tax on their earnings to cover both their own and the employer’s portion of Social Security contributions. The tax is calculated and paid each year when these workers file their federal tax returns. Those who fail to file their tax returns  and do not pay their Social Security taxes, unlike employees whose employers withhold and remit their Social Security taxes from each paycheck, are often exempted from receiving the Social Security benefits, especially SSDI when and if needed.

If you have no record of paying into the system, you are not going to receive payouts. However, if you have not reported income and successfully evaded taxes for a lifetime, you have no right to Social Security benefits. Your illegally retained untaxed earnings will have to fund your needs/disability after retirement.

Criteria #5: Certain Immigrants Over 65

Retired people who immigrate to the United States will not have the 40 U.S. work credits they need to qualify for Social Security benefits. One way to rectify this problem is to earn six work credits in the United States and receive pro-rated U.S. benefits combined with prorated benefits from your former country under a totalization agreement. This solution makes sense for workers who also do not have enough benefits in their home country to qualify for that country’s equivalent of Social Security payments. 

Older immigrants who do not qualify for U.S. Social Security and whose countries’ laws allow them to receive benefit payments while residing in the United States can claim their social security or pensioner’s benefits while living abroad.

In short, almost all retirees who have successfully earned enough work credits in the US workforce are eligible to receive their Social Security benefits and Social Security Disability benefits provided that they have reached full retirement age (not required for SSDI). However, some people who do not meet the above criteria may also receive the benefits from luck and presenting their case correctly.

If you need help with filing your social security disability or social security benefits, you may contact us.

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Social Security Policy Basics: 5 Facts about Social Security

5 facts about social security 5 facts about social security

Social Security Disability Income provides the resource of income which thousands of workers in the US use to plan their lives after retirement.

Since 84 years, when President Roosevelt started the program, the SSDI has been remarkable in providing source of income in a need-based manner.

Fact #1 : Social Security is not just a retirement program

It provides disability benefits to everyone who has disability credits and fits the criteria. About 62 million people, or more than 1 in every 6 U.S. residents, collect Social Security Income benefits each year. While older Americans make up about 4 in 5 beneficiaries, another one-fifth of beneficiaries received Social Security Disability Insurance (SSDI) or were young survivors of deceased workers.

In addition to Social Security’s retirement benefits, workers earn life insurance and SSDI protection by making Social Security payroll tax contributions:

  • About 95 percent of people aged 20-49 who worked in jobs covered by Social Security in 2019 have earned life insurance protection through Social Security.
  • For a young worker with average earnings, a spouse, and two children, that’s equivalent to a life insurance policy with a face value of over $725,000 in 2019, according to Social Security’s actuary.
  • About 89 percent of people in age group between 21-64, having sufficient disability benefits are insured through Social Security in case of severe disability.

The risk of disability or premature death is greater than many realize. Some 6 percent of recent entrants to the labor force will die before reaching the full retirement age, and many more will become disabled.

Fact #2 : Social Security benefits increase with inflation

Social Security benefits are based on the earnings on which you pay Social Security payroll taxes. The higher your earnings (up to a maximum taxable amount, currently $132,900), the higher your benefit.

Social Security benefits are progressive: they only take into account the higher proportions of a worker’s earnings for all 35 years he performed any kind of work to earn. For example, benefits for a low earner (with 45 percent of the average wage) retiring at age 66 in 2019 replace about half of his or her prior earnings. But benefits for a high earner (with 160 percent of the average wage) replace about one-third of prior earnings, though they are larger in dollar terms than those for the low-wage worker.

Also, many private annuities and businesses do not account for increase in market prices or inflation. Social security, on the other hand accounts for inflation by adjusting the amounts with respect to COLA. This helps to ensure that the people do not fall into poverty.

 

Fact #3 : Provides a foundation for retirement protection

According to Social Security Administration estimates, almost 97% of the elderly will receive Social Security benefits at some point in their lives. This is possible because almost all workers in the US are subject to Social security taxes on their payrolls either independently or through an employer.

Social Security provides a foundation of retirement protection for people at all earnings levels. It encourages private pensions and personal saving because it isn’t means-tested — in other words, it doesn’t reduce or deny benefits to people whose income or assets exceed a certain level.

Fact #4 : Most elderly rely on Social Security for most part of their income

Without Social Security benefits, about 4 in 10 Americans aged 65 and older would have incomes below the poverty line, all else being equal, according to official estimates based on a recent Population Survey. Social Security benefits lift more than 15 million elderly Americans out of poverty, the study showed.

A recent study that matches Census estimates to administrative data suggests that the official estimates overstate elderly reliance on Social Security. That study finds that in 2012, 3 in 10 elderly Americans would be poor without Social Security, and that the program lifted more than 10 million elderly Americans out of poverty.

No matter how it is measured, however, it’s clear that Social Security brings millions of elderly Americans out of poverty and dramatically reduces the elderly poverty rate.

Fact #5 : Social Security is especially beneficial for women

Social Security is especially important for women, because women are often paid less than their male counterparts, spend more time out of workforce due to maternity and other reasons, have a longer life expectancy, accumulate less savings, and receive smaller pensions. Women represent more than half of Social Security beneficiaries in their 60s and 7 in 10 beneficiaries in their 90s. In addition, women make up 96 percent of Social Security survivor beneficiaries.

Women benefit disproportionately from the program’s inflation-protected benefits (because tend to have a longer life expectancy), its progressive formula for computing benefits (because they tend to have lower earnings), and its benefits for disabled spouses and disabled survivors

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What to do when your disability claims are denied because your doctor didn’t support your claims

Doctor didn't support my disability claims Doctor didn't support my disability claims

Having your doctor’s support is very critical to your disability claims. If your doctor refuses to cooperate, then your case might become very hard to win. However, there are ways to improve your disability case even if your doctor doesn’t support.

Be Ready to Explain

If you get to the hearing level and still do not have a supportive statement from your doctor, the administrative law judge (ALJ), who will be hearing your case, will need to be portrayed the real and honest picture of your whole case. In order to do this, you should be ready to explain this to the judge. It might be best to tackle this point earlier in your hearing. An experienced disability attorney would know best how to present your case to the ALJ.

Evidence is Key

Brute and clear medical evidence may sometimes be sufficient to convince your judge otherwise, even if your doctor doesn’t support your case. Though it may be time consuming, it would be best if you spend some time and effort to gather all the medical evidence earlier so you don’t miss out on presenting anything the ALJ might need in the hearing. Here is an example of which medical evidence you may collect:

  • Names and contact information of all the medical providers you have seen about your disabling condition;
  • Photocopies of any diagnostic tests such as EKGs, blood work, sleep studies, CT scans, MRIs, x-rays, and EEGs;
  • Dates of any hospitalizations or emergency room visits related to your medical condition;
  • Pharmacy printouts that contain a complete list of medications;
  • A list of any side effects of medications, and
  • A list of any alternative treatments you have sought to treat your condition;

Relevant evidence

Before you seek on to collect evidence of your medical history, make sure you include only the medical evidence relevant to your medical condition. Although it is useful to be vigilant, the SSA or your ALJ might only be interested in seeing evidence for the disability you are putting claims of.

Do not chalk out negative records

Sometimes your medical records may include information that may be damaging to your reputation, such as history of substance abuse or injury during a fight. Although you may be tempted to exclude pieces of information such as these, do not do so. The ALJs are trained to look into these loopholes and if found out the exclusion or hiding of the facts may have a bad effect on your claims.

3rd Party Witnesses

Though your medical provider’s opinions matter the most to the SSA, the ALJ might be interested in hearing out opinions of any third party witnesses to your disability as first-hand accounts. These may include any caregivers, volunteers, social workers, your children, hospital nurses, your boss, etc.

Caregivers: Some disabilities require partial or full-term caregiving of the affected patients. If your disability requires you to depend on a caregiver for cooking, cleaning, bathing, giving medicines etc then you may ask your caregiver to write a letter stating so to the ALJ.

Employers: People spend a lot of time at their workplace. If your former employer or boss was a witness to your disability and saw how it affected your work or life then you may ask them as well to write a letter for you. You would need to ask them to be as specific and honest about your condition as they can be, as it can affect the ALJs decision in or against your favor.

Get a Disability Attorney's Help

Getting approved for disability can be hard if you do not have a supportive doctor. An experienced disability attorney will have dealt with myriad cases where claimants did not have a supporting doctor and will have techniques and strategies that can help overcome this obstacle.

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