2014 Proposed Changes Affecting Claimants Pursuing Social Security Disability

March 25, 2014

The Social Security Administration has recently proposed changes to the Listings of Impairments. One way for claimants to prove disability is to meet or equal the specific criteria identified in the Listing for their medical condition.  On February 25, 2014, the Social Security Administration issued a Notice of Proposed Rule Making (“NPRM”) to the neurological disorders listings to modify the criteria for evaluating disorders such as multiple sclerosis and seizures. On February 26, 2014, the Social Security Administration issued an NPRM which proposes changes to the evaluation of immune system disorders, including HIV. The Administration has also proposed changes in recent months to the Listings… Continue Reading 2014 Proposed Changes Affecting Claimants Pursuing Social Security Disability More...

The Social Security Administration issued a press release on Wednesday February 19th announcing a new expedited disability process for Veterans filing for Social Security Disability.

March 18, 2014

The Social Security Administration issued a press release on Wednesday February 19th announcing a new expedited disability process for Veterans filing for Social Security Disability.  The plan is for the expedited process is scheduled to commence mid-March 2014. In order to receive expedited service, the Veteran must tell Social Security they have a VA disability compensation rating of 100% permanent and total disability and provide proof of this rating with a their VA Notification letter.   Note that the VA rating only expedites Social Security disability claims processing, and does not provide any guarantees of approval for Social Security disability benefits.  The Veteran must still… Continue Reading The Social Security Administration issued a press release on Wednesday February 19th announcing a new expedited disability process for Veterans filing for Social Security Disability. More...

Individuals who suffer from lupus (systemic lupus erythematosus) may be entitled to disability benefits under Social Security Listing 14.02.

March 11, 2014

Individuals who suffer from lupus (systemic lupus erythematosus) may be entitled to disability benefits under Social Security Listing 14.02.  The listing provides the criteria for disability as follows: A. Involvement of two or more organs/body systems (i.e. lungs, musculoskeletal system, kidneys, skin, etc) 1. One of the organs/body systems involved to at least a moderate level of severity; and 2. At least two of the constitutional symptoms or signs (such as severe fatigue, fever, malaise, or involuntary weight loss). Or B.   Repeated manifestations of SLE, with at least two of the constitutional symptoms of signs (noted above) and one of the following at a marked level: 1. Limitation in activities of daily… Continue Reading Individuals who suffer from lupus (systemic lupus erythematosus) may be entitled to disability benefits under Social Security Listing 14.02. More...

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… Continue Reading 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). 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,… Continue Reading Can I work while my application for disability is pending with the Social Security Administration? 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… Continue Reading According to the American Diabetes Association, about 25.8 million American children and adults suffer from some form of Diabetes. 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… Continue Reading Government Shutdown and the effect on Disability 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… Continue Reading Listing 3.03 Asthma 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… Continue Reading Information obtained from internet when adjudicating cases 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… Continue Reading Multiple Sclerosis, or MS, is a neurological disorder that frequently effects an individual’s ability to engage in gainful activity. More...