If you are 55 years old or older and can no longer perform your past job, you may be eligible for Social Security disability benefits or Supplemental Security Income (SSI).

March 5, 2014

If you are 55 years old or older and can no longer perform your past job, you may be eligible for Social Security disability benefits or Supplemental Security Income (SSI).  Social Security’s regulations contain medical-vocational guidelines(also know as “the Grids”) that consider a person’s age, education and work experience along with his or her medical conditions when determining disability. These rules recognize that it is more difficult to find work as a person gets older (even above age 50) and is limited by the physical demands of work activity because of a medical condition. Social Security will initially evaluate your case and determine whether your More...

Can I work while my application for disability is pending with the Social Security Administration?

February 25, 2014

Can I work while my application for disability is pending with the Social Security Administration? A common dilemma for people applying for disability is financial.  How are they supposed to meet their family’s basic survival needs if their condition prevents them from working?  The problem is compounded by what can be a lengthy administrative process, i.e., a long delay, before an application is approved.  How do people survive in the interim?  Should they return to work despite their condition, putting their health in further jeopardy?  Will the judge view this limited work as a showing the claimant has the ability to work full time? Unfortunately, More...

According to the American Diabetes Association, about 25.8 million American children and adults suffer from some form of Diabetes.

October 29, 2013

According to the American Diabetes Association, about 25.8 million American children and adults suffer from some form of Diabetes. The full name of this condition is diabetes mellitus, and there are two major types: type 1 and type 2. Both are chronic disorders that can result in serious complications. One may be entitled to social security disability benefits if complications from a diabetes mellitus diagnosis prevent that person from working. Diabetes mellitus is listed under listing 9.00 of the Social Security Administration’s (SSA) Impairment Listing Manual. Both type 1 and type 2 diabetes mellitus disrupt the body’s production of several hormones, including insulin, which is More...

Government Shutdown and the effect on Disability

October 3, 2013

You may be concerned about the ways in which the current government shutdown will affect your disability benefits, or how your application for disability benefits will be effected. While the government is, in fact, “shut down” for the time being, some essential parts remain open. This holds true with respect to the Social Security Administration (SSA). While parts of SSA will shut down until Congress once again funds the government and the shutdown ends, other parts will remain functional. One thing that will be unaffected by the shutdown is the payment of Social Security Disability and Supplemental Security Income (SSI) benefits. The payment of these More...

Listing 3.03 Asthma

October 1, 2013

Any health condition that impairs a person’s ability to breathe can be extremely traumatic and debilitating. One such condition is Asthma, which is a relatively well-known impairment characterized by constriction and inflammation of the airways that makes it difficult for the afflicted individual to breathe. A diagnosis of Asthma can have a substantial effect on a person’s ability to work, and may lead to entitlement for disability benefits. The Social Security Administration (SSA) evaluates Asthma under Section 3.03 of the Impairment Listing Manual. In order to meet the criteria of Listing 3.03, a person must have a diagnosis of asthma with either Chronic Asthmatic Bronchitis More...

Information obtained from internet when adjudicating cases

September 16, 2013

With the increased popularity of the internet and various social media websites, many people may be wondering  how the information they post on the internet may effect their claim for Social Security Disability Insurance benefits (SSDI) or Supplemental Security Income (SSI). Fortunately, the Social Security Administration (SSA) has included a new section in the Hearings, Appeals and Litigation Law (HALLEX) manual regarding the use of information obtained from the internet when adjudicating cases. Generally, an Administrative Law Judge (ALJ), as well as other staff within the hearing office, may not rely on information from the internet unless it has been verified by a Cooperative Disability More...

Multiple Sclerosis, or MS, is a neurological disorder that frequently effects an individual’s ability to engage in gainful activity.

July 22, 2013

Multiple Sclerosis, or MS, is a neurological disorder that frequently effects an individual’s ability to engage in gainful activity. It can be disabling while at other times, an employee with MS may seek an accommodation under the ADA. If you have MS and file a claim for disability benefits, the Social Security Administration (SSA) will evaluate the severity of your disorder under listing 11.09 of the Impairment Listing Manual.   Listing 11.09 is divided into 3 paragraphs: A, B and C. Paragraph A provides criteria for evaluating disorganization of motor function, a symptom characteristic of a diagnosis of MS. Paragraph B references other listings for evaluating More...

Heart failure (CHF) is a condition that effects the heart’s ability to pump enough blood to body tissues, and may effect a person’s ability to work and entitle that person to receive disability benefits.

July 15, 2013

Heart failure (CHF) is a condition that effects the heart’s ability to pump enough blood to body tissues, and may effect a person’s ability to work and entitle that person to receive disability benefits. There can be multiple causes of CHF, including hypertension, cardiomyopathy rheumatic, congenital, or other heart disease. To qualify as disabled for chronic heart failure, the Social Security Administration analyzes it under Listing 4.02.  In order to meet the severity level under listing 4.02, an individual must meet the criteria of both parts A and B of that listing. Both of the two main types of heart failure (predominant systolic dysfunction and predominant diastolic More...

Seizures and Epilepsy

July 14, 2013

Seizures and Epilepsy are neurological disorders that affect a person’s ability to perform tasks, sometimes even simple tasks, and leave many individuals unable to work. The Social Security Administration (SSA) classifies Epilepsy as a neurological disorder under Listing 11.02 and 11.03 of the Impairment Listing Manual. We say individuals with purpose here as there are many types and levels of seizures, and they have a wide variety of effect on that individual.  Disability applicants certainly can receive benefits but SSA bases a determination on the severity and frequency of the seizures, potentially in combination with other health issues.  Social Security will first examine the frequency, More...

Knee, elbow and pain in any major joint, no matter the cause, can severely limit your daily activities but also your ability to work.

July 8, 2013

Knee, elbow and pain in any major joint, no matter the cause, can severely limit your  daily activities but also your ability to work. Disability issues for joint pain and dysfunction are categorized under Listing 1.02.  In order to qualify, you must show an anatomical deformity in the effected joint, along with chronic pain or stiffness that limits the range of motion and functioning of the joint. You must also be able to show signs of joint space narrowing, bony destruction, or ankylosis of the affected joint through medically acceptable imaging, such as an x-ray. Listing 1.02 also distinguishes between major weight bearing joints like More...