Category: Social Security Disability

When you are injured and cannot work, the expenses begin to pile up fast. It is easy to find yourself so overwhelmed by bills that you end up panicking and making your financial situation, and your health, worse. So, the best thing that you can do once you are physically able to, is to contact an attorney or other advocate that has experience with the disability system.

Seek Help Right Away Because Getting Benefits Takes Time

One of the main reasons why it is important to contact an attorney as soon as you can, is to get the ball rolling on obtaining financial support for yourself.

An experienced attorney is going to be able to determine right away whether you should consider filing a personal injury lawsuit, or file for workers’ compensation.

An attorney that is familiar with the Social Security system is also going to be able to advise you on whether you have the option to retire and start collecting benefits, or whether you should apply for Social Security Disability Insurance (SSDI) benefits or Social Security Income (SSI) benefits.

SSDI Benefits

Social Security Disability Income (SSDI) is similar to retirement benefits in that it is based on an individual’s work record. A benefit determination considers the applicant’s age at the time he or she became disabled and the corollary amount of time worked.  Generally, duration of work ranges from 1.5 years for individuals who become disabled prior to the age of 28, to 9.5 years for those who 60 or older.

In order to qualify, the disability must be due to a medical condition that is expected to last at least for one year and/or result in death. In particular, the Social Security Administration (SSA) will seek to determine whether the disability limits an individual’s ability to perform the work he or she did before, or any other type of work.

Once the SSA determines you are eligible for benefits, there is a five month waiting period before your benefits can kick in. So, if your disability began on January 1st, your benefits would kick in on June 1, but you wouldn’t receive your first check on July 1.

However, it often takes the SSA longer than 5 months to process SSDI applications, so they typically owe back payments once a claim is approved.

SSI Benefits

If your financial needs are much greater than the aid you are eligible for, you may also be able to apply for Social Security Income (SSI).

Supplemental Security Income is designed for individuals who are disabled, blind or over 65 and is based on need. In order to be eligible, the applicant’s income and resources must fall below a certain threshold, but these benefits are available regardless of whether the individual paid into the Social Security System.

Once the SSA determines you are eligible for SSI benefits, there is no wait period. However, just like with SSDI claims, there is no automatic approval process. The approval process can often take months, so if and when you are approved, the SSA will pay you back payments from the time you became eligible for benefits.

You can click here to read more about the difference between SSDI and SSI.

Am I eligible for SSDI for my CRPS?

Complex regional pain syndrome (CRPS) is a chronic disorder that affects the arms, legs, hands or feet. Also referred to as reflex sympathetic dystrophy (RSD), patients suffer not only from pain, but nerve and muscle damage as well. While the cause has yet to be identified, the disorder typically develops after an accident, surgery, stroke or a heart attack. One theory is that the syndrome is the result of the body’s abnormal response to an injury that, in some cases, damages the nervous system. While the chronic pain is severe, it is said to be disproportional to the original injury.

There are two types of CRPS – Type 1, that does not involve a nerve injury, and Type 2 which results from a direct injury to a nerve. Type 1 injuries sometimes occur after car accidents or slip and falls, while Type 2 arises from an injection or a surgical mistake. The symptoms of this disorder include stiffness or swelling of the joints, decreased mobility of the hands feet or limbs, and muscle spasms. Some patients may also suffer with prolonged burning or pain sensations, heightened sensitivity or temperature and unexplained changes to the skin, hair and nails. 

CRPS can also spread to other regions of the body, which makes getting an accurate diagnosis crucial to recovery. However, there is no present cure for disorder, and treatments include pain medications, nerve blocks, pain management and physical therapy. Left  untreated, CRPS can cause permanent damage to the skin, bones and muscle.

Can I get SSDI for my CRPS?

In order to qualify for social security disability benefits, it is necessary to demonstrate that your CRPS renders you unable to work. It is also essential to have medical evidence to support your claim. A doctor must document actual physical findings that your CRPS is causing swelling, changes to the skin, abnormal hair or nail growth or osteoporosis. In addition the Social Security Administration must determine that the disorder prevents you from doing your current job, or performing any other work.

As with disability claims in general, there are a number of other factors the SSA considers, including income and asset limits. In the end, it can become quite complicated for CRPS victims to qualify for disability benefits. If you are suffering from chronic pain, you should immediately seek medical treatment. You should also engage the services of an experienced social security disability attorney who can help you obtain the benefits you deserve.

It is certainly no secret that the Second Amendment, and the extent to which it should be applied and upheld in today’s society, is under increasing scrutiny. Not only is the Federal Bureau of Investigation dealing with heavily-armed domestic and international individuals within the United States, but the Social Security Administration has also entered the arena of gun control and firearm ownership restriction – except, their position takes direct aim at disability beneficiaries who – in the SSA’s opinion – are under the influence of a mental health issue, therefore making gun ownership a general safety issue.

According to the 41-page document published by the SSA on May 5, 2016, the SSA intends to inform the Department of Justice on a quarterly basis of its disability beneficiaries who are receiving the benefits due to a mental health or mental impairment diagnosis. From there, the SSA will be informing these individuals of the possible prohibitions on gun ownership that could be implemented by the DOJ, as well as the consequences of violating the restriction.

Relying on the language of the Brady Act and its implementing regulations, the SSA continued by highlighting the statutory language that prohibits gun ownership by anyone who “has been adjudicated as a mental defective.” The SSA further explained that the FBI has reported significant backlogs in running background checks on gun purchasers, often due to incomplete files or unavailable information. Under the new regulations, the FBI would have immediate automated access to this information, and would be able to quickly make a determination of “mental defect,” which has been defined to include any of the following:

• A determination by a court, board, commission or other lawful authority that a person has marked subnormal intelligence, mental illness, incompetency, a mental condition or disease;
• Is a danger to himself/herself because of said condition;
• Lacks the capacity to manage his/her own affairs;
• Has been formally committed to a mental institution.

The report does not make mention of due process rights afforded to those who are deemed “incompetent” to own a firearm. Under the regulations, over 75,000 beneficiaries could be impacted, many of whom may be required to relinquish their firearms immediately.

Contact an Experienced SSDI attorney today!

A couple of months ago I blogged about the problems identity theft can cause someone who is on disability when I saw a truly sad case out East in Tennessee where a women was kicked off of disability because her identity was stolen.

Recently there was a case dealing with identity theft issues and benefits right here in Phoenix. According to ABC 15, an undocumented immigrant named Rene Ortiz Quintana has been using the identity of a deceased veteran to collect nearly $30,000 in benefits over the past four years.

Quintana has allegedly been posing as Ruben J. Gallardo, who passed away in 1994. “Under [Gallardo’s] name, police say, [Quintana] got an Arizona identification card, a state health card, a Phoenix health plan card and a VA choice card. The VA choice card was given to veterans in response to long delays in getting medical care from VA hospitals. It allows veterans to get medical care at Non-VA facilities. He also received Social security benefits under the name Ruben Gallardo.”

This is a really upsetting story for multiple reasons.

First and foremost, it is upsetting that someone disrespected the memory of Gallardo and the lives of living veterans who are trying to get care from the VA in this manner. I hope that Gallardo’s family is finding some solace in knowing that everyone who reads about this case is outraged on their behalf.

Second, it is frustrating that the government basically allowed this fraud to go on due to its poor record-keeping. I’ve also blogged recently about this problem, but from the perspective of what to do if the government declares you dead while you are still very much alive.

Finally, the fact that someone who was in need of medical care resorted to fraud to get that care is sad. I don’t want to downplay his crimes, since Quintana committed multiple crimes over many years (he’s reportedly been in the country illegally for about 50 years), but if he would have sought help, perhaps he wouldn’t have resorted to fraud.   

If you are having trouble getting benefits, or you or a loved one’s benefits are being impacted by identity theft, I encourage you to reach out.

Is ALS a qualifying medical condition for SSDI?

While Social Security Disability Insurance (SSDI) provides benefits for individuals with amyotrophic lateral sclerosis (ALS), there is currently a five-month waiting period in place before this assistance becomes available to many patients. Commonly known as Lou Gehrig’s disease, ALS is an incurable neurodegenerative disease with only one approved treatment. This disease rapidly progresses eventually causing the afflicted to lose the ability to walk, talk and breathe on their own.

The ALS Disability Insurance Access Act

The five month waiting period speaks to the larger issue of the delays associated with receiving disability benefits many individuals face. Now, patients with ALS may have new hope as legislation is working its way through the U.S Congress that would waive the waiting period. The ALS Disability Insurance Access Act was introduced by both Senate and House lawmakers and has the support of the ALS Association.

Barb Newhouse, president and CEO of the association, said in a press release that those “who currently do not have an effective treatment plan, should not be forced to wait to receive benefits they deserve.”

Previous Measures to Help ALS Patients

The legislation is part of an ongoing effort to address the suffering of patients with ALS. In 2000, the SSA and Congress joined forces to waive the 24-month Medicare  waiting period for ALS patients. The SSA also has a program in place to expedite claim reviews for SSDI and SSI applicants who are suffering with the disease. Currently, however, patients must wait five months to receive benefits under both programs.

The five-month waiting period was initially put in place by Congress to allow time for other temporary conditions to reverse. For ALS patients, however, the waiting period is not justifiable since the disease is not a temporary condition, nor is it reversible. About 50 percent of ALS patients die within 16 months of diagnosis. Proponents of the legislation believe that quick access to disability benefits is essential for these patients and their families.

Obviously, ALS meets the eligibility requirements  for disability benefits, and waiving the five-month waiting period can help to offset the lost income these patient’s inevitably will experience. This is just the first step in correcting some of the inherent flaws in the system. Many individuals experience long delays in having their claims approved, and more than 60 percent of claims are denied. For these reasons, anyone in need of assistance applying for these benefits is well advised to engage the services of an attorney with experience in the SSA program

What can I do if my application for SSDI is denied?

Let’s face it: anyone can become disabled due to an accident or illness and be unable to continue working. While the Social Security Administration (SSA) has a program that provides benefits to disabled individuals, Social Security Disability Insurance (SSDI), obtaining these benefits can be difficult.

Eligibility for SSDI

To be eligible for disability benefits, you must have an injury or illness that prevents you from participating in substantial gainful activity. In particular, the medical condition must be expected to last for at least one year or result in death (the SSA has guidelines for medical conditions that qualify). There are however, a number of reasons that an application can be denied.

For example, your medical condition may not be on the list, or the SSA may determine that your condition is not a disability. In addition, in order to be approved for benefits, you must undergo an examination by an independent physician whose findings may not agree with those of doctor who treated you.

Added to this burden is the extensive paperwork that must be completed. If there are mistakes in the application or any required information is missing, the claim will be denied.  That’s the bad news.  The good news is that once you receive a notice of denial from  Disability Determination Services (DDS), the state agency in Arizona that determines whether your medical condition is a disability, you can file an appeal.

Appealing a Disability Denial in Arizona

If the DDS denies your disability application, the first thing to do is file a request for reconsideration within 60 days of receiving the notice of denial. Your application will be reevaluated by a different medical consultant and an examiner who were not involved in the initial determination. However, reconsideration claims are often denied; in fact only 5-10 percent are granted, particularly in cases in which there has been a new diagnosis or a condition has worsened.

If your reconsideration is denied, you have 60 days to request a hearing before an administrative law judge (ALJ). These judges are SSA attorneys who are tasked with upholding or overturning denials. Many disability applicants who are represented by an attorney with expertise in SSDI win these appeals. If you are denied by the ALJ, however, you can request the Appeals Council to review your claim.

The Council can either overturn the decision, send it back to the ALJ for reconsideration, or deny your claim in which case your last resort is to file a lawsuit with the U.S. district court. The judge will review the case for legal errors and determine if there are valid reasons to overturn the ALJ’s decision.

In the final analysis, whether you are submitting an initial application for disability benefits or considering pursing an appeal, your chances of having a claim approved are significantly greater when you have an experienced Social Security Disability attorney by your side.

What are the benefits of opening a my Social Security account?

The Social Security Administration recently celebrated National my Social Security Week (April 4- 13). In collaboration with a number of state and local groups across the country, the administration hosted a variety of events to educate people about the programs available through the SSA, and also to encourage individuals to open an online my Social Security Account.

In addition to its regional and field offices and other service centers, the SSA provides a wide range of services online. However, for a variety of reasons, the online services are being underutilized. While the SSA sends out periodic statements detailing earnings records and estimated retirement benefits, an online account provides a number of advantages such as tracking and verifying wages on an annual basis. For those who are still working, a my Social Security Account can also provide you with an estimate of future retirement benefits.

One of the pivotal days of the weeklong event was the “Thunderclap Campaign” on National Check Your Statement Day which took place on April 7. The so-called thunder clap was a social media blitz on Facebook and Twitter to remind workers of the importance of checking their annual Social Security statement every year. In so doing, the potential of errors in benefit calculations can be minimized and you can better plan your financial future.

Opening a my Social Security account can also enable you to manage your benefits, keep your personal information up to date, start a direct deposit, or request a replacement Social Security or Medicare card. The SSA is also working with the Treasury Department to educate workers on the importance of retirement savings.

Finally, the annual statement can also help you understand whether you are entitled to Social Security disability benefits in the event that you become disabled before you retire. Upon retiring, these benefits are converted into retirement benefits. While you may be entitled to disability benefits, many claims are often denied and the administration’s guidelines are very complicated. An attorney with expertise in the SSA’s disability benefits program can help you obtain the benefits that you deserve.

Can certain children receive Social Security Benefits?

Most of us think of Social Security as benefiting the elderly, retired and disabled. Most of these benefits do go to people in these categories, but, did you know that children are also entitled to Social Security benefits in certain situations? If you answered no to this question you are not alone. Most people aren’t aware of these entitlements. But, here is a brief summary to update your knowledge.

Social Security benefits for children are often connected to an eligible adult. For example, the children of a retired or disabled parent are eligible for benefits if they are under 18, under 20 and still in school and/or are disabled themselves.  Children must also be unmarried to receive these benefits. If the parent is alive, the child is entitled to up to half of the parent’s benefits. If the parent is deceased and the child is receiving survivor’s benefits, the child can receive up to three quarters of the parent’s benefit. There are limitations to the total amount a child can receive set out by the Social Security Administration and these are calculated on a case by case basis. It is also important to note that Supplemental Security Income is also available to children living in a low-income family who are 22 and under and still in school or 18 and not in school.

Children are usually not allowed to handle their own Social Security benefits. Therefore, the Social Security Administration designates a representative payee to handle the child’s money.  The payments are issued to this designated person, usually a parent, and he or she is obligated to provide for the child’s basic needs using these funds.  Representative payees are also subject to an annual reporting requirement.

If you are considering applying for any type of Social Security benefit you can only increase your chances of being approved by retaining an attorney to guide you through the process.  Contact an experienced Arizona disability attorney for a case evaluation today.

With the presidential election in full swing, one of our top priorities is the status of Social Security Disability laws in the United States. As we all know, presidential candidates are prone to over-promising and under-delivering – and our nation’s benefits system is no exception. As the pool of possible presidents continues to dwindle, let’s take a look at each of the four remaining candidate’s public statements or stances on the issue of Social Security Disability, as well as a cursory look into how each candidate could impact the system post-election day.

1: Hilary Clinton: Hillary Clinton has not shied away from frankly discussing her plans with regard to Social Security. Consistently, Clinton has rebutted the notion of privatizing Social Security, citing the inherent risk of the market – which beneficiaries should not be required to endure. Further, Clinton is devoted to ensuring the nation’s more vulnerable populations have access to benefits first, particularly given the actuarial data suggesting the available cash for Social Security retirement and disability programs could possibly dry up by 2034.

2: Donald Trump: Most notably, Donald Trump has been an outspoken critic of fraudulent disability filings, which hurt the system overall and waste precious resources for those who are truly in need of support. He was quoted as stating that “between 2005 and 2009, it is estimated that $25 billion were eaten up in fraudulent Social Security Disability Insurance filings. On and on, scam after scam it goes; as always, taxpayers are the ones getting stiffed.”

 3: Bernie Sanders: As one of the more outspoken supporters of Social Security benefits, Sanders has made fighting for disability rights one of his key platforms throughout the election. More specifically, he has vowed to:

• Protect and expand the Social Security Disability Income (SSDI) program.
• Increase employment and educational opportunities for people with disabilities
• Fight for the U.S. ratification of the Convention on the Rights of Persons With Disabilities

As Senator, Sanders is quoted as saying “[t]he Americans with Disabilities Act established a clear national mandate that we as a nation have a moral responsibility to ensure that all Americans have access to the programs and the support needed to contribute to society, live with dignity, and achieve a high quality of life.”

4: Ted Cruz: Texas Senator Ted Cruz has advocated what he calls “common sense reforms” to the current Social Security system. Notably, he has advocated for raises in disability benefits to meet the rate of inflation. From there, Cruz has not made much public mention of his intentions with regard to disability benefits, and has not raised the issue in a significant way along the campaign trail.

If you are concerned about your benefits and would like to speak to a reputable attorney in Arizona, please contact Roeschke Law today: 1-800-975-1866.

Am I eligible for social security disability benefits for my thyroid disorder?

The thyroid gland — a gland in the neck, produces hormones that regulate weight and metabolism. Thyroid disorders such a hypothyroidism and hyperthyroidism can cause a variety of medical conditions.

Symptoms of Hypothyroidism

If your thyroid is not making enough thyroid hormone, you may experience the following symptoms: fatigue, depression, dry skin, difficulty concentrating, body pain, increased weight, and swollen legs. Severe cases can also result is cardiovascular and respiratory problems. This condition is treated by taking a thyroid supplement.

Symptoms of Hyperthyroidism

An overactive thyroid gland can cause muscle weakness, a racing heart, tremors, irritability, and problems sleeping. Treatment for hyperthyroidism includes medications, the intake of radioactive iodine, and possibly surgery.

While chronic thyroid conditions can be managed with medications and most individuals can lead normal lives and continue to work, those who are suffering from a thyroid disorder and are unable to work may be eligible for Social Security Disability benefits.

SSDI and Thyroid Disorders

The Social Security Administration will award disability benefits for medical conditions that are expected to last for a year or result in death. The SSA requires proper medical evidence to be submitted that indicates you are unable to perform any work or meet the requirements of a “compassionate allowance condition.”

While hypothyroidism and hyperthyroidism are manageable, some thyroid disorders are more likely to result in a disability, such as thyroid cancer and Graves’ disease. To qualify for disability benefits for thyroid cancer, the illness must be one that has spread beyond the area of the lymph nodes. On the other hand, while Graves disease in and of itself may not meet the criteria for SSDI eligibility, the illness can cause other medical conditions, such as a heart arrhythmia, which may qualify an individual for benefits.

What is residual functional capacity?

A thyroid disease that is not severe enough to meet the eligibility requirements for disability benefits may require a determination of an individual’s residual functional capacity, or RFC — the most one can do in a work setting. An RFC may lead to a classification of an individual being able to perform sedentary, light or moderate work. An RFC may also include limitations that prevent one from being fully productive.

Hypothyroidism, for example, can result in depression which can affect an individual’s ability to work on a regular basis. At the same time, this disorder can also make it difficult to concentrate, which can interfere with a person’s ability to follow complex instructions and prevent an individual from performing certain, but not all, jobs.

There are other symptoms of thyroid disorders as well as side effects of medications that may lead to an individual being eligible for disability benefits. Nonetheless, the process for being awarded SSDI can be very complicated. If you have question about whether your thyroid disorder makes you eligible for disability benefits, an attorney with expertise in Social Security procedures can help you explore your options.