Category Archives: Social Security Disability

Is Age a Factor in Social Security Disability Claims?

When evaluating a disability claim, the Social Security Administration categorizes the age of the claimant into one of four groups:

• Young (18-44)
• Younger (45-49)
• Nearing an advanced age (50-54)
• Advanced age (55-60)
• Retirement age (60-65)

The older you are, the more likely the SSA approves your claim based on your disability and your educational and work experience. While there is no set “disability age”, individuals over 55 who file for SSDI are much more likely to be approved than younger claimants.

What is the Medical-Vocational Grid?

The SSA uses their Medical-Vocational Grid (MVG) to determine eligibility for disability benefits according to your age, education level and skill level. The “grid” also takes into account your residual-functional capacity (RFC), or ability to do physical work. For example, if you are 57 years old, can only perform sedentary work due to your disability, have a high school diploma and worked solely in construction throughout your life, your MVG/RFC scores would likely indicate you are eligible for disability payments. The SSA understands that at your age, it would be difficult for you to learn new skills necessary for sedentary work.

Why Might SSA Deny a Claim Based on Education and Skill Level?

Rachel is 48 and has a bachelor’s degree in business accounting. For 20 years, she worked for a large bank as their primary accountant. Diagnosed with depression and anxiety at 47 due to the death of her husband, Rachel applied for Social Security disability. SSA medical evaluators did not find that her psychological issues were severe enough to prevent her from finding work similar but less stressful than being an accountant to a large business. Consequently, they denied her claim, stating her stable physical health, educational level and positive response to medication precluded her from being eligible for disability.

If your initial disability claim has been denied or you need immediate assistance with filing for Social Security Disability benefits, contact the Fred London Law Office  today.

How Do I Apply for Disability Benefits with Brain Cancer?

If someone is diagnosed with brain cancer, the Social Security Administration provides disability benefits through Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) or the Compassionate Allowance program. Being approved for brain cancer disability requires applicants prove they have brain cancer by submitting medical reports, diagnostic image scans and evidence that their condition or treatment side effects prevents them from working full-time.

How Do You Automatically Qualify for Brain Cancer Disability Benefits?

 

The SSA’s Blue Book of Medical Conditions lists brain cancer under neoplastic diseases, or diseases involving excessive cell growth. Applicants will immediately qualify for disability benefits if they are diagnosed with

• Malignant brain, spinal root or spinal cord tumors
• Brain cancer that has recurred or progressed after treatment
• Certain types of malignant tumors such as medulloblastoma or glioblastoma multiforme

Including a biopsy report in a brain cancer disability application facilitates approval of SSDI or SSI benefits. Physician statements regarding the diagnosis and prognosis of a neoplastic disease are also considered by SSA evaluators when determining whether to approve or deny a claim.

What is the Compassionate Allowances Program?

 

Qualifying for the SSA’s Compassionate Allowances program (CAP) means you can be approved for benefits in weeks instead of months. Only serious, rapidly progressing medical conditions are eligible for CAP, such as glioblastoma multiforme or other fast-spreading tumors affecting the central nervous system. One of the most commonly diagnosed types of brain tumors, glioblastoma multiforme has an average survival time post-diagnosis of about 16 months. This is why the Social Security Administration has established the Compassionate Allowances program to help extremely ill individuals avoid financial stress while fighting brain cancer.

For immediate assistance with applying for brain cancer disability, please call the Fred London Law office today to speak to an experienced disability benefits attorney who understands how difficult it is to cope with a potentially terminal disease.

Can You Get Disability Benefits for Celiac Disease?

If you suffer from Celiac disease, it may be possible to get disability benefits. Your ability to get benefits is based on how your condition negatively impacts your ability to work. The Social Security Administration (SSA) will sometimes consider awarding benefits to those who have been unable to work for more than a year due to Celiac disease. However, getting and maintaining benefits can be difficult since going on a diet free of gluten will eliminate the symptoms of the disease—thus removing the disabling aspects of the disease.

What is Celiac Disease?

Celiac is an autoimmune disease characterized by an intolerance to gluten. When people with the disease eat foods containing gluten—like pasta and breads made from wheat—their immune systems attack the lining of the intestines. The attack leads to inflammation and a range of unpleasant symptoms which can include:

• Anemia
• Diarrhea
• Depression
• Headaches
• Joint pain
• Weight loss
• Numb extremities

Doctors typically diagnose the disease through blood testing or by taking a sample of the patient’s intestine. If they determine you have the disease, they will prescribe you a gluten-free diet—which should resolve the symptoms over time.

How do You Get Benefits for Celiac?

Benefits for disabilities are often based on how those disabilities impact your ability to work and earn an income. In the case of Celiac, the SSA will want you to demonstrate that your symptoms have made it where you cannot work. Unfortunately, it can be difficult to get benefits for this disease because a diagnosis usually leads to successful treatment. The disease responds well to a gluten-free diet, which lessens or eliminates symptoms and makes it possible to work again.

The easiest way to determine if your Celiac qualifies you for benefits is to speak to an SSDI attorney.

If You Have Peripheral Artery Disease, Do You Qualify for SSDI Benefits?

Peripheral arterial disease (PAD) can cause enormous discomfort as well as dangerously low blood pressure in the foot. Because these symptoms occur after walking, it may qualify you for SSDI benefits. The plaque building up in the body makes it difficult for blood to flow to the extremities but has also been known to cause bigger problems in the kidneys, brain, and stomach. Consider the following facts about how you’ll be evaluated.

What Does It Take?

Patients need to prove they meet the criteria for PAD for automatic qualification. The official rules state you need to have fatigue or pain after walking or standing, as well as low blood pressure. You’ll need to meet at least one of the following criteria:

• Resting blood pressure ratio in your ankles and arms less than .5.
• Resting blood pressure ratio in your toes less than 30 mm Hg (a common way to measure pressure).
• Blood pressure needs to decrease by at least half after movement, and take at least 10 minutes to return to pre-exercise levels.

How Does Social Security Disability decide?

SSDI officials scrutinize your medical records to see if you meet the criteria and follow certain guidelines when evaluating the tests. For example, the doctor will likely take two blood pressure readings in the foot, and SSDI will use the higher measurement to make their ruling. They’ll look at X-rays, blood vessel movement, and tracings recordings (if available). Patients are highly encouraged to include everything in their medical history to make it easier for decision-makers to make their rulings.

Peripheral arterial disease may also require additional testing if your ratio is between .5 and .8. Social Security Disability will pay for the tests unless patients have a preexisting condition that explains their variations. This may include walking on a treadmill at an incline, which means you’ll need pre-approval from the doctor to perform these tests.

Can I apply for Social Security disability while collecting unemployment benefits?

When someone collects unemployment benefits, they have been laid from a job that pays them a portion of their regular earnings until they are called back to their job. Individuals collecting unemployment must assert they are capable of working at most jobs and capable of accepting an employment offer equal to or exceeding the wage they earned at their previous job. Alternately, recipients of Social Security disability are receiving benefits because they cannot work due to a physical or mental disability. This means you may not collect SSI or SSDI while collecting unemployment benefits unless you are in the process of filing a disability claim while receiving unemployment benefits.

What Happens If Unemployment and SSDI are Collected Simultaneously?

People collecting unemployment benefits must contact their unemployment office if they begin applying for any kind of Social Security disability. In addition, if they receive SSDI or SSI benefits while also collecting unemployment benefits, they may be forced to repay unemployment benefits received since they started receiving disability benefits. In some cases, notifying the unemployment office about filing for disability may result in having your unemployment terminated. This is because you are claiming you cannot work due to a physical or mental disability. To legally receive unemployment benefits, you must be healthy enough to work.

Should I Apply for Both Unemployment and Disability Benefits?

Although you can apply for both programs, applicants should never hide the fact they have applied for unemployment benefits and SSDI or SSI. Doing so may cause them to one day face administrative law judges regarding how much they need to repay the Social Security Administration.

If you are confused about whether you can rightfully apply for disability benefits while receiving unemployment, contact Fred London law today to schedule an appointment with an experienced disability lawyer.

What Is Substantial Gainful Activity (Work) to Social Security?

The Social Security Administration has several basic requirements put in place that applicants must reach before they can be considered for disability benefits. One of the most important facts that an applicant must prove is the fact that their medical conditions(s) are severe enough to prevent them from completing more than an insignificant amount of work in a period of at least 12 months. To determine this information, the Social Security Administration or SSA usually uses a substantial gainful activity (SGA) level to define what qualifies as too much work. For 2018, the current SGA level for wage earners is set at $1,180 or more each month or $1,970 for individuals who are blind.

How Does the SSA Define Substantial Gainful Activity?

While many applicants tend to focus on the numbers, SGA is much more than that. For example, if an applicant dabbles in side jobs like volunteer work, operating a small business or even something related to criminal activity, this could be considered under the true definition that the SSA uses. To get a clear understanding of the requirements put upon work activity, applicants and their advocates should look at the meaning of substantial and gainful.

Substantial

Any time an applicant completes work that requires significant physical or mental activities, it is considered to be substantial. This means that even part-time work falls under this category, as well as situations where an applicant may not make the same amount of money they once did before becoming disabled.

Gainful

Gainful work activity is defined by any work that an applicant gets paid to do. However, it is important to keep in mind that in certain cases, even if a person does not get paid, their case reviewer could still determine that they work being completed is gainful activity. This is especially true if the work is related to an activity where people would normally be compensated financially.

Get Help Completing Your Application for Benefits

Unsure if you meet the current work guidelines put in place by Social Security? Working with an experienced advocate or attorney may help your claim.

How Americans with Disabilities Act (ADA) Can Protect Your Job?

The American with Disabilities Act (established 1990) protects workers from being fired due to discrimination against their disability. ADA laws also outlaw discrimination against those with physical or mental disabilities in local and state government positions, transportation, telecommunications and public accommodations. Disabled individuals fired from a job may file a lawsuit arguing wrongful termination, or termination because of their disability, if they think they have evidence to prove their case.

What Kind of Employers are Covered by the Americans with Disabilities Act?

 

It is illegal for the following employers to engage in discrimination against disabled people:

• Local and state governments
• Private employers
• Labor organizations
• Employment agencies
• Labor management committees

In addition to firing an employee based on their disability, disability discrimination also happens when covered employers treat disabled employees negatively or less favorably than non-disabled employees. This type of discrimination usually involves employees with histories of disabilities (cancer in remission, for example) or if an employer thinks an employee has a mental or physical problem that won’t be resolved, even when the employee does not suffer from such a disability.

What is Disability Leave and How Can the ADA Protect Employees from Discrimination?

 

Disability leave refers to temporarily taking time off from a job for a variety of health reasons. Depending on an employer’s policies regarding sick or disability leave, employees may be paid or unpaid during their time away from work. The Family and Medical Leave Act allows certain employees suffering serious medical issues to take time off without incurring penalties. Health conditions covered by the FMLA include severe injuries, illnesses or other mental/physical impairments that prevent the employee from performing work tasks.

If an employee is fired while on disability leave, they may be able to file a lawsuit citing ADA regulations and protections. Wrongful termination is a viable, legal reason for disabled individuals to hire a disability attorney who will evaluate their case and possibly file a lawsuit against their employer. The attorneys at Fred London Law have years of experience filing claims against employers who have engaged in discriminatory actions against disabled people. Call today to schedule an appointment with a lawyer who may be able to help you fight a wrongful termination due to your disability.

Is Age a Factor in Social Security Disability Claims?

The Social Security Administration does regard age as a factor in deciding whether to approve or disapprove a disability claim. The SSA Bluebook contains a list of medical conditions that automatically qualifies applicants seeking Social Security disability benefits. However, applicants will need to meet specific criteria assigned to their medical problem, such as length of time they have been under a doctor’s care, if treatment has improved their condition and if they are unable to work because of their health issue.

Why Is It Harder for People Under 50 to Get Approved for Social Security Disability?

 

People under 50 years old applying for disability who do not meet all requirements for a medical condition listed in the Blue Book are frequently turned down because the SSA realizes it is easier for younger individuals to adjust to different or new forms of employment. Although there is no fixed disability age, the SSA imposes less strict guidelines for applicants over 50 years of age.

What are Social Security Disability Vocational Guidelines?

 

Medical-vocational grid rules established by the SSA are designed to favor people between 50 and 55 filing a disability claim. If you are over 50, can only perform sedentary work and do not possess skills that can be transferred to other types of employment, you will likely be approved. The SSA does not expect those over 50 to spend a lot of time undergoing retraining (vocational adjustment) to learn how to do sedentary work when they are considered to be approaching an “advanced” age.

How is Age a Factor When Children File a Disability Claim?

 

Parents filing a disability claim for a child under 18 years old will have the claim evaluated by SSA officials who will determine whether the impairment results in severe and marked functional limitations. The SSA has a different list of medical impairments applicable to children only which does not involve the medical-vocational grid rules.

Regardless of age, getting approved for disability time-consuming and complicated. To streamline and expedite the process, contact a disability lawyer today at Fred London Law.

How to Apply for Social Security Benefits If You Have Severe Asthma?

Living with a respiratory condition such as asthma can be extremely difficult. In addition to preventing you from living your life the way that wish, chronic asthma can make it hard for you to maintain gainful employment. If you find that you are unable to support yourself due to the symptoms of asthma, then you may be able to receive Social Security benefits.

Although you will need to meet specific qualifications, it is possible to receive benefits for asthma. Here are a few ways you can apply for SSI disability for asthma, including getting help from an experienced disability attorney.

Asthma Qualifications

The problem with applying for disability benefits for asthma is that this condition isn’t the same for everyone. Some people only have occasional flare-ups, while others have asthma that is so severe that the require prolonged medical intervention. If your asthma is minor, you probably won’t be able to receive benefits. However, for severe cases, being approved for benefits is entirely possible.

There are two circumstances where Social Security provides disability benefits for asthma. The first way is to provide proof that you have received a diagnosis of chronic asthmatic bronchitis. The Social Security Administration will need to see breathing tests that show your lungs are obstructed and that you require oxygen.

The second option is to show that your asthma results in frequent hospital trips. If you must visit the hospital at least six times a year, even when following a treatment plan, you may qualify for benefits.

Fight a Denial

If you’re SSI disability for asthma claim has been denied, you should get help from The Law Offices of Fred London, P.C. Our team has experience fighting denied claims, and is ready to assist you.

Does Epilepsy Qualify for Disability Benefits?

Epilepsy can be a very serious condition. If you suffer from epilepsy, it’s possible that you will experience several symptoms, including seizures and extreme fatigue. For people with the most severe forms of epilepsy, it can be nearly impossible to work a normal job, putting them in long term financial difficult.

Fortunately, in some cases, it may be possible to get disability benefits for epilepsy, particularly if you’re applying with the help of The Law Office of Fred London, P.C. Learn more about epilepsy disability, and find out how our team can help you fight for your benefits.

Getting Disability for Epilepsy

In the Social Security Blue Book, you can find a list of disabilities that will qualify you for benefits, including certain types of epilepsy. When you apply for epilepsy disability, the Social Security Administration will check your condition against the Blue Book to see if your condition is severe enough to warrant benefits.

You can apply for disability benefits for epilepsy for both convulsive and non-convulsive seizures. However, you will need to demonstrate your epilepsy is severe and that it cannot be controlled through the use of medication. Unfortunately, even if your condition is severe enough to prevent you from working, it’s possible your claim will be denied, and if this happens, you need help from an experienced attorney such as Fred London.

Fight for Your Claim

When a condition like epilepsy keeps you from working, applying for disability benefits can be a good way to support yourself. If you’re having trouble getting your claim approved, you need assistance from The Law Office of Fred London P.C.

We know how to navigate the complicated Social Security system and would be glad to give you advice and guidance.