Category Archives: Social Security Disability

Dec 20th, 2017

Can a Child Receive Disability Benefits for Dyscalculia

Fred London Law 0 Comments Social Security Disability

Dyscalculia is classified as a developmental disorder that causes a person to have difficulty learning and understanding numbers. This makes it harder for them to understand arithmetic and be able to grasp mathematical concepts which impacts their ability to progress through school or become hirable for many industries. In some cases it is possible to receive benefits from Social Security for dyscalculia.

get disability for dyscalculia in child

Eligibility for Benefits

To apply for benefits for learning disabilities in children, like dyscalculia, it needs to be well documented by a medical professional and there has to be proof that it affects the child severely. There are several categories that are included in what that means, and the child has to meet at least two of the categories:

- Unable to remember, understand or apply information to solve problems

- Cannot pick up social cues, cooperate with others, handle conflicts with others, or make friends

- Unable to protect themselves from harm, control their behavior, maintain personal hygiene or regulate emotions properly

- Issues with focusing cause an inability to perform tasks in a timely manner, work close to others while not interrupting them and not be distracted themselves

Documentation from the child’s school records can also be used to show the severity of the condition. Teacher records and grades are evidence of the child fitting the categories above, and can be critical in showing the daily impact to the child’s life. Even with documentation from the sources above, the Social Security Administration (SSA) may want to have the child visit for a psychological consultative evaluation. Determining the child’s current functioning level is important to the process, and the SSA wants to be sure the issues will be limiting to the child for a minimum of 12 months or the benefit will not be granted.

SSI or SSDI

There are two branches of benefits within the SSA, Supplemental Social Income (SSI) and Social Security Disability Insurance (SSDI). For some disabilities a parent’s work history and payments into Social Security can qualify their children to receive SSDI, but dyscalculia is not an eligible condition for SSDI. That means that the only program that may provide benefits is SSI, which is based on the income level of the parents or guardians for the child. As such, the best way to ensure you qualify based on income and other factors is to make contact with an attorney to examine the situation to determine if it would be possible to receive the benefits.

Dec 19th, 2017

Social Security Benefits for Children with ASPD

Fred London Law 0 Comments Social Security Disability

Having a child or teen diagnosed with Antisocial Personality Disorder (ASPD) generally stems from them having disregard for the rights, safety or property of others. ASPD is a mental illness that stems from inherited traits and environmental conditions. It’s a chronic issue that often results in the afflicted causing harm or violating the rights of others, and leads to legal problems or at the very least inappropriate and aggressive behavior.

ssi for antisocial presonality disorder in child

If a child has been diagnosed with ASPD, or a similar personality disorder, it’s rare for them to receive Social Security benefits for the condition, but it can be awarded when enough qualifying conditions are met. Since children don’t have work history the application for Social Security benefits most often is done via the Supplemental Security Income (SSI) program with the Social Security Administration (SSA).

Qualifying for Benefits

The process to start receiving SSI benefits for antisocial personality disorder in children starts with determining which medical criteria they meet. There are two paths that permit eligibility:

- Meeting criteria from the Blue Book (Listing of Impairments) for an antisocial personality disorder

- Meet “functional equivalence” when the SSA compares the six domains of functioning

To meet the listing of impairments the child’s medical examiner (pediatrician, psychiatrist or licensed psychologist) must provide a diagnosis of the disorder along with documentation of one or more of the following symptoms in the child’s medical records:

- Inappropriate suspiciousness and mistrust of other people

- Disregard for the rights of others

- Violations of the rights of others

- Unstable personal relationships

- Attention seeking behavior

- Excessive emotionality

- Exposing feelings of inadequacy

- Detachment from socializing

- Recurring aggressive outbursts

- Obsession with perfection or orderliness

- Excessive need to be cared for

After being diagnosed and having the above documented, the child must show that the condition is affecting their development. If there is evidence that the child has an inability to interact appropriately with others, fails to adapt to changes or manage themselves to prevent harm, lacks ability to focus, or shows an inability to learn and remember information due to the ASPD affliction then they meet what is required for SSI.

Applying for SSI from that point forward can be a difficult process, and the best way to go forward if the above qualifications have been meet is to seek out legal advice from an experienced attorney. A disability lawyer will know what records should be provided, and the best way to compile the information necessary, and determine if the application for the child has a chance to move forward.

Dec 13th, 2017

Can Husband and Wife both Collect Social Security ?

Fred London Law 0 Comments Social Security Disability

When it comes to receiving Social Security benefits the biggest factor people face to determine if they can collect their benefits is if they have put in enough work and earned enough to qualify. Many times earners wonder if being married will affect their benefits and the answer to that is only if the benefits are being paid out of someone else’s work credit to begin with.

social security benefits for couples

The Claimant’s Work Record

If a claimant for Social Security benefits is receiving retirement or Social Security Disability Insurance (SSDI) and has worked and satisfied the work requirement necessary, having paid in for 40 credits, then regardless of their marital status they can draw their benefits. One credit is the equivalent of working and earning the minimum necessary for three consecutive months, or one quarter of a year. Over the course of 10 years that equates to the 40 credits necessary. Regardless of any other circumstances, if both spouses have their credits then the Social Security benefit for the couple will be paid to both.

Marriage and SSI

If the Social Security benefits being used fall under the supplemental security insurance (SSI) program then any income a spouse receives can be counted as income for the claimant. Since SSI is a program for low income individuals that haven’t met the credit requirements then the total Social Security benefit for the couple may be reduced or the spouse receiving SSI may become ineligible.

How Much Will Be Paid

Determining how much the benefit will be worth is important so that the social security benefits for couples can be put to their best use. Currently, the monthly benefit is highest when a claimant waits until they’ve reached 70 years of age before starting to collect. That level is what the Social Security Administration bases their calculations on. Then they adjust the claimants past 35 years of work for inflation, making every year equivalent to today’s value of a dollar. The adjusted values are then averaged and that number is divided by the total number of months in 35 years to give a monthly amount. That monthly amount is then applied to a formula to come up with the monthly benefit, which is normally much lower than the average monthly income earned over those 35 years. For a full description of the formula, it can be found here. If a claimant starts collecting before 70 years then the monthly amount is decreased as well, so it is usually best to wait until then to start collecting.

Dec 11th, 2017

What happens to your spouse’s social security when they die

Fred London Law 0 Comments Social Security Disability

This topic is never easy to discuss, but it’s an important conversation to have. If your spouse passes away you could be left with many burdens, so it’s important to know what kind of support will be available to you. One of those forms of support is the remainder of your spouse’s Social Security benefits.

spouse's social security benefits

Qualifying for Benefits

To receive Social Security benefits, an individual must qualify for them first. As you work, the SSA provides you credit for that work, and when you’ve received enough credits then your qualified beneficiaries are eligible to receive the survivor payout benefit. The amount of credits needed varies depending on the age of a person at the time of death. If the worker had young children then the benefit can be paid out without meeting the full credit requirements, so for a full breakdown of what’s needed, check here at the SSA website.

How Much of the Spouse’s Social Security Benefit Will You Collect

There are some important factors that play into how much of your spouse’s Social Security benefit you can receive as a survivor benefit. To calculate how much will be granted to help support you then knowing if the spouse had already begun collecting, when they began collecting and the surviving spouse’s age are all part of the equation. If both partners are over the age to receive full benefits then the survivor benefit can be 100 percent of the spouse’s benefit. If the spouse started drawing before the age that would have resulted in the maximum benefit then a percentage is factored in. Likewise, if the survivor has not yet reached the age for full benefit then the survivor benefit is reduced. The concept behind this percentage breakdown is that the SSA is assuming a specific total amount that will be paid to you or your spouse, and if you start drawing the benefit early then that means you will receive more payments for a longer time, at a lower value, so that the sum of the payments still equals the same total benefit in the end.

Other factors that can play into the benefit amount are death occurring before either spouse reaches an eligible age to start receiving benefits, continuing to care for a minor child, or the parents of a working child who has passed may receive the benefit their child qualified for. Figuring out what it takes to receive the benefit and going through the struggles of contacting the SSA on your own are likely not issues you’d like to take on while mourning. If you need assistance, please reach out for legal advice and assistance, we can help take the pressure off and clear your mind of some tasks like these in your time of need.

Nov 29th, 2017

Can I File for Social Security Disability If I Have Bipolar Disorder?

Fred London Law 0 Comments Social Security Disability

Bipolar Disorder is a mental disorder that is hard for many people to overcome without any medical help. There can be extreme symptoms such as severe depression and the disorder comes with numerous mood disorders. With sever cases Bipolar Disorder can prevent an individual from functioning and also performing daily activities in their place of work. Generally, Bipolar Disorder is diagnosed based on the individual’s experiences, as well as abnormal behaviours that have been reported from close friends, family, and even coworkers. A clinical assessment for Bipolar Disorders can be down as an outpatient at a clinical facility. During this time, when one is diagnosed and the severity of the disorder, this will determine if one should be working or not. An individual can apply for Social Security Disability benefits at this time.

bipolar disorder

How to file for Social Security Disability When You Have Bipolar Disorder

If your Bipolar Disorder is preventing you from performing daily tasks that you could once perform at work, you are entitled to apply for Social Security Disability — SSD — benefits. If you meet the requirements for disability benefits that are listed in the Blue Book, the you are qualified to apply as long as you include medical tests, notes, and diagnosis as well. You can find the Blue Book listed on the Social Security Disability website or ask your local office for a copy.

How To Qualify for Bipolar Disorder Disability Benefits

Based on the SSA, an individual must have a history of manic episodes, severe depression, or a mix of both symptoms. In addition, the claimant should have at least two of these restrictions:

● A limitation that gets in the way of accomplishing daily tasks

● Not capable of normal interaction with others

● Episodes that are severe and recurring that tend to last for a long period of time.

If for some reason, an individual does not meet the criteria, that does not mean you should not apply because you may still fall under a section in the Blue Book. A individual that has a medical history of at least two years from a chronic disorder can be granted benefits despite the help of medicine

If you do meet the criteria listed in the manual and for some reason you are denied by Social Security, you can appeal this and win because of the specific impairments. It is critical to your claim that you are aware Social Security will need medical records for those will determine if your benefits are approved or denied. Maintaining consistency during your application process is vital to the success of your mental health. Social Security will be able to help you with your medical tests, medication, and doctor appointments after you are approved. You are allowed to hire a disability attorney if you find you need help during this process. Your attorney will be there to guide you through the application and if your claim gets appealed, they will be able to guide you through the steps of an appeal.

Nov 21st, 2017

Hepatitis and Social Security Disability

Fred London Law 0 Comments Social Security Disability

Hepatitis A, B, and C viruses all cause inflammation of the liver which can lead to a worsening condition of chronic hepatitis characterized by fibrosis or cirrhosis characterized.

hepatitis disability

Hepatitis sufferers often just don’t feel well. At first they feel flu-like symptoms, such as achy muscles and joints, headache and fever. Nausea, vomiting and diarrhea can also occur. Over time, sufferers develop abdominal pain, a poor appetite and jaundice, which can indicate that severe liver damage has already occurred. The condition is also characterized by fatigue and weakness, leg swelling (edema), abdominal fluid accumulation, and easy bleeding and bruising.

A, B and C indicate different viral strains, and each has its own symptoms and treatments:

· Hepatitis A (infectious hepatitis) is caused by a virus from infected stool. This form is typically short-lived, and not treated because it goes away on its own.

· Hepatitis B (serum hepatitis) happens when an infected person’s body fluids contaminate a syringe. It can also pass through sexual contact and from mother to newborn. This is a more serious form that leads to chronic liver disease and liver cancer.

· Hepatitis C virus is spread by direct contact with an infected person’s blood, and is often associated sharing needles or body piercings. This form can lead to chronic liver disease and eventual need for liver transplant.

The Social Security Administration (SSA) maintains a listing of qualifying medical disorders. Hepatitis is considered an adult digestive disorder. To qualify for hepatitis disability social security benefits, you must meet these requirements:

  • Confirmed diagnosis of chronic liver disease with specific bilirubin levels, inflammation levels, abnormal liver enzymes, or abnormal prothrombin clot time (PT)
  • Esophageal indications with massive hemorrhaging or requiring a surgical shunt
  • Severe abdominal fluid accumulation
  • Hepatic encephalopathy
  • Extremely high bilirubin blood levels

The SSA will also require evidence of a hepatitis diagnosis confirmed via liver biopsy rather than simply by blood antigen/antibody tests. If you don’t meet the listings above, the SSA also will allow a medical vocational allowance if your hepatitis symptoms prevent you from functioning effectively in a job.

It is imperative that you work closely with one of our attorneys on our legal team. We will help you determine your qualification for hepatitis disability benefits and help you provide the SSA with the proper records and documentation. Most people are initially denied social security disability benefits due to lack of sufficient medical evidence. Give us a call today. We’re here to help you navigate the SSA process to get the benefits you deserve.

Nov 3rd, 2017

Individual requirements for receiving Medicaid

Fred London Law 0 Comments Social Security Disability

Financial assistance is provided in the Medicaid program. This program helps with medical expenses for those who have a low income, pregnant women, children, disabled people, and elderly people. You can only receive Medicaid if you are a U.S. citizen and meets federal and state income requirements.

eligibility for medicaid

Also, Medicaid beneficiaries that have a limited income may be eligible for the program. The program can help them pay for Medicare expenses that you need to pay for on your own — copays, premiums, deductibles. It should be recognized that Medicaid does not mean it can be completely free. Unfortunately, there may be some costs such as copays, but the details will change depending on the state you reside in.

State Medicaid eligibility

Though the federal government funds some of the program, each state determines eligibility for Medicaid for its residents. Like mentioned before, the state requirements may vary based on the income as well as the situation the person is in. Medicaid is determined by income and also the family size with the help of Federal Poverty Level — FPL. The minimum eligibility for 2016 was 133 percent of the FPL. You may qualify for Medicaid for your state if you don’t end up meeting the federal standards.

Whether you think you qualify for Medicaid or not, you should still apply for the program. The determination if you qualify will be made by a caseworker and approvals are made based on information that you provided. This includes personal information such as your income and financial resources. Other circumstances may be considered as well. Generally, Medicaid aims to help low-income groups such as pregnant women, elderly, children and disabled people. Be sure to review the criteria based on the state you live in.

Because of the Affordable Care Act, Medicaid has now expanded to cover low-income adults that aren’t eligible from other criteria. Prior to this, those low-income adults were required to have a waiver that was covered by the state Medicaid. Though you must need the minimum federal income, some states may be more generous than others. If you don’t fit in a category that has been mentioned, but you are a low-income individual, reach out to your state Medicaid program to see if you can still apply.

General requirements

There are lots of options to being eligible for the Medicaid program. For instance, most states provide Medicaid to anyone who is already getting benefits from the Supplemental Security Income program. A handful of states provide Medicaid to older adults with a disability that has an income that is under 100 percent of the federal poverty level.

Mainly, to be eligible for Medicaid you must qualify for one of the following below:

● 65 or older

● Have a continual disability as that term is explained by the SSA

● Visually impaired

● Pregnant woman

● Child, or the parent/guardian of a child

● Additionally, you need to meet specific requirements, such as:

○ U.S. citizen or meet certain immigration regulations

○ Be a state resident where you apply

○ Have a Social Security number

Income

The amount of income you are allowed to have varies depending on the state you’re in and also the eligibility group you are in. When your state program finally determines your financial eligibility, they will count some of what you make, but not all of it. Your income includes:

● Regular benefits — Social Security retirement or disability

● Veterans benefits

● Pensions

● Salaries

● Wages

● Interest from bank accounts

● Dividends from stocks/bonds

Activity requirements

A medical expert in your state will need to evaluate your needs and decide if your disability will need long-term care. Generally, the doctor will make the decision based on if you need help performing specific activities of daily living (ADL). These include:

● Bathing

● Dressing

● Using the bathroom

● Getting in and out of bed/chair/couch

● Eating

Nov 1st, 2017

What can you receive? The difference between back payments and retroactive benefits

Fred London Law 0 Comments Social Security Disability

It is common that many disabled applicants mix up retroactive and back payments. Like all disability benefits, retroactive are constructed on the date of filing and the start date of your disability.

If you are eligible for SS disability benefits, your odds are high that you will be qualified for back payments and maybe retroactive payments as well, depending when you were first initially disabled, when you filled out your application, and when you were accepted.

Difference between payments or retroactive benefits?

Back payments are past due benefits. They are the benefits that Social Security would have paid you as soon as you were accepted. Basically, back payments are owed to you from the date you finished your application to the day you were approved for your benefits. Back payments are payable for SSI disability and SS disability.

restroactive benefits

Retroactive benefits can be paid to you for the months you were not able to work prior to applying for disability benefits. Only SSDI applicants are entitled to these benefits. In order to receive these benefits, you need to be able to validate that you were disabled prior to applying for Social Security. You should be disabled for at least five months earlier than the day you applied. Like any other benefit, Social Security must have evidence to prove that the applicant was disabled at least seventeen months before filling out the form.

The SSI disability program doesn’t pay retroactive disability benefits — benefits can only start the same month the disability claim was filed. The applicant needs to also met the income and limit at the time to receive retroactive benefits.

In the case of someone only receiving SSDI, the back and retroactive payments can be paid in a lump sum. If someone receiving SSI, or both SSDI and SSI, the back payments can be paid six months apart in installments.

Back pay and retroactive pay can be critical to the future of your finances. As a result, it is important that you reach out to an experienced Social Security disability lawyer before you start the application process.

Oct 17th, 2017

Steps for Disability Determination Process

Fred London Law 0 Comments Social Security Disability

The five step medical determination process is the same for both SSI and SSD. The evaluation will review yourself, your work history, and also your disability. All 5 steps may not be necessary for your case, but Social Security will determine that.

disability determination process

The five steps used in the evaluation process are:

1.Work status: If you are currently working and making over $1,000 per month over the last year, Social Security considers that to be Substantial Gainful Activity. In that case, you are unlikely to be considered disable.

2.How severe is your condition: For you to be considered disable, your disability must interfere with your work-related activities. Medical evidence must be used to dictate physical and/or mental impairments that you have. A duration requirement is used to say how long your impairment has been going on and it should be at least a year or a result in death if that severe.

3.Is your disability found in the listing: There is a listing of impairments that Social Security has come up with for all major parts of the body. If you are reviewing the listing and your disability is described, then you are automatically considered disable. If you don’t find your condition, then Social Security has to decide if there is a listing that has equal severity. If they do decide there is one that is similar to your impairment, then you claim will be approved and you continue the process.

4.Can you perform the work you’ve previously done before your impairment: If your disability is serious, but is not the same or equal severity as those on the list, then Social Security needs to decide if it impedes with your work and capability to perform all daily tasks over the last decade. Unfortunately, if it does not interfere, your claim will be turned down.

5.Are you able to do any other work: If you are not capable of doing work that you’ve done in the last 15 years, Social Security reviews if you are able to perform any other kind of work. What will be considered is your education, age, skills, past work experience, and also the demand of the occupations that the Department of Labor determines. If you are not able to do any other work, you will be approved.

Social Security will review all visits to doctors, hospitals, and any other clinics that you’ve been treated at. They will also need to know any medication that you are taking. It is in the law that Social Security is required to consider and review all evidence of your disability when making the final decision for your claim. The conclusion will combine your medical records as well as your work history, and Social Security’s rulings and policies.

Oct 9th, 2017

How To Find the Right Social Security Lawyer in Washington, D.C

Fred London Law 0 Comments Social Security Disability

For many of us, things don’t always go as planned. We may have a retirement plan all laid out until an unexpected injury or medical condition throws a wrench in all of our carefully constructed timelines. In that case, help is often needed — and that’s exactly where lawyers come in. The job of an attorney is to help you make the best possible case for your Social Security claim, so that you can receive the money you need to live while facing medical expenses and being unable to work.

But with so many options out there, how can you find the right attorney? If you’re looking for Social Security lawyers in D.C., here are a few things you should consider:

social security lawyers in dc

1. What services do you need?

Some attorneys cover Social Security disability more broadly, while others focus in on SSI or medical assistance in particular. Still other lawyers look at specific medical issues, like Social Security law for disabilities relating to spinal injuries or heart conditions. Try searching online for attorneys using those keywords so that you can find lawyers who are specialized in the situation you’re experiencing.

2. What experience does the attorney have?

If you’re considering working with an attorney for your disability claim, make sure to evaluate what experience he or she has to determine whether to put your trust in this individual. You’ll want to make sure that the attorney has significant experience working on cases like yours and will know how best to handle your case.

3. What recommendations have you heard?

Often, one of the best ways to find Social Security lawyers in D.C. is just to ask around. Attorneys are often seen as more trustworthy when they are recommended by people you know personally, because you can have a guarantee that the attorney knows what they’re doing and will treat you well. Also, it’s a great place to start searching if you know people who have gone through a similar experience and already know where to look.

4. What’s your impression of the attorney?

The most important part of an attorney-client relationship is that the client should feel valued, especially in a case like Social Security disability which is so often fraught with emotional distress. At a time like this, if you find an attorney you’re interested in hiring, ask to meet with them so you can gauge how they approach your case and whether or not they care.