Category: Social Security Disability

Qualifying for Social Security Disability benefits means being unable to work. So continuing to work can get your benefits denied. There are limited ways you can work and still get benefits if you do it carefully.
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Your chances of approval for Social Security Disability are best when you have a long work history, strong evidence of your medical impairments, and a record of following your treatment plans, among other points.
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You don’t pay a fee for a disability attorney until you win benefits. When you do win, the fee for your disability lawyer doesn’t come out of your pocket, but from a one-time payment you get for accumulated back pay.
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A “Notice of Decision-Fully Favorable” means the Administrative Law Judge (ALJ) found the claimant disabled—from the alleged onset date, their disability began through the date of the decision.

What Does Partially Favorable Decision Mean?

A “Notice of Decision—Partially Favorable” means the ALJ made a determination which differs from what the claimant was asking. This generally occurs in two situations: (1) The ALJ finds the claimant disabled, but the disability started at a different later date; or (2) The ALJ finds the claimant disabled, but they have medically improved. In the second scenario, the individual will receive benefits only for what we call a closed period of disability.

Can A Fully Favorable Decision Be Reversed?

The Appeals Council can review any decision made by an ALJ—favorable or unfavorable. While rare, the Appeals Council can find the ALJ made an error and reverse a fully favorable decision. The claimant can submit additional evidence or comment to support the ALJ’s decision. In very limited circumstances, benefits may start during the review process.

How Does The ALJ Handle Cases Where Drug Or Alcohol Abuse May Be A Factor?

ALJs always look at how a claimant’s impairments affect their functioning at work; even if the person is still using illegal drugs or alcohol. Only after the ALJ determines a claimant is disabled, do they look at the effects drug or alcohol abuse has on the individual. ALJs must determine whether the drugs and alcohol were material to the determination of disabled. ALJs look for periods of time when the claimant was not using drugs or alcohol to see how they are functioning. Social Security believes the best evidence of functioning is when the individual has a period of sobriety lasting at least 30 days. If the claimant’s symptoms subsided sufficiently, the ALJ may find that drugs and alcohol were material and conclude the claimant was not disabled.

For more information on Notice Of Decision Fully Favorable In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (214) 373-3761 today.

It is not required for a person to have a representative in order to file for Social Security disability benefits. However, the law is very complicated, the regulations are lengthy and complicated, and it is very helpful to have a capable attorney leading you through the process.

Can I Qualify For Disability Benefits If My Disability Isn’t Going To Be Permanent?

Social Security disability is never considered to be permanent. When you apply for social security disability benefits, you are saying that you have been disabled since a certain date. If you are approved for disability benefits, your claim can be reviewed within a year, two years, or five years to re-determine your eligibility. Disability benefits under the Social Security program do not require that you be permanently disabled and there is no guarantee that you will continue to receive them after you have been approved, because they are subject to review.

Does The Social Security Administration Consider Mental Illness To Be A Disability?

Mental illness absolutely can be disabling under the Social Security disability law. In fact, in many cases, a mental illness may contribute to an individual’s physical disability. Frequently, cases are denied when the reason the person is disabled is pain. Pain cannot be measured and can be difficult to prove. Often, there is also a psychological component. The person is depressed or has anxiety because their life has been disrupted and their future is uncertain. The depression can take on a life of its own and can exacerbate the underlying pain problem. It is very important to recognize when there is a mental impairment and to consider it along with any physical impairments.

If your specific disability is not included in the Social Security Administration’s Blue Book Listing of Impairments, one of the ways that you may be eligible for Social Security disability benefits it to prove that your disability is medically equivalent to one of the listings in the Blue Book.

How to Prove Medical Equivalence

According to Social Security regulations, your disability must be at least equal in severity and duration to a disability that is included in the Blue Book. You may prove that your condition is medically equivalent by proving that:

• You have an impairment that is included in the Blue Book but you do not exhibit all of the findings described in that listing or one of your findings is not as severe as that described in the Blue Book. You may still be found eligible for Social Security disability in this case if the severity of the rest of your symptoms makes your condition equivalent in overall severity to how the condition is described in the listing.
• You have an impairment that is not included in the Blue Book but is substantially similar to an impairment that is included in the Blue Book. If the findings of your impairment are of at least equal medical significance to the listing in the Blue Book, you will be eligible for Social Security disability.
• You have multiple impairments and no single impairment meets a Blue Book listing on its own. If the findings of all of your impairments together are of at least equal medical significance to a Blue Book listing, you will be found eligible for Social Security disability.

The determination of medical equivalence will be made by considering all of the evidence in your case record and the opinions of medical and psychological consultants. Your education and work experience are irrelevant to the determination of medical equivalence.

Eligibility Based on Medical Equivalence Can Be Complicated

You must set out a strong argument with the right evidence in order to get your application approved. Our board certified lawyers can advise you of your rights and help you get the benefits you deserve. To learn more, please contact us directly via this website or by phone to set up a meeting.

Generally, you will be able to keep your Social Security disability payments in a Chapter 7 bankruptcy case. However, Social Security disability benefit payments may be relevant to two aspects of your Chapter 7 bankruptcy case and it is important to get answers to these questions so that you can understand your rights and keep the benefits to which are legally entitled.

Do Social Security Disability Payments Impact Your Eligibility for Chapter 7 Bankruptcy?

You may only file a Chapter 7 bankruptcy case if you pass a means test to prove that you do not have sufficient income to pay your creditors. Generally, Social Security disability benefits are not considered to be income for purposes of the Chapter 7 means test and, therefore, should not impact your eligibility for Chapter 7 bankruptcy relief.

Will Your Social Security Disability Payments Be Used to Pay Your Creditors?

In a Chapter 7 bankruptcy case, all of your non-exempt assets are part of your bankruptcy estate. The bankruptcy trustee will take all of your non-exempt assets and distribute them among your creditors to satisfy your debts. Federal law exempts Social Security disability benefits from your bankruptcy estate in most cases. Therefore, your Social Security disability benefits are likely to be safe from your creditors during a Chapter 7 bankruptcy case.

Protect Your Rights by Making Sure Everyone Knows What’s Going On

It is important to inform your bankruptcy attorney about your Social Security disability benefits and your Social Security disability lawyer about your bankruptcy. If your legal team has full knowledge about your other legal proceedings, they can make sure that all of your rights are protected.

If you would like to learn more about your rights to Social Security disability benefits, we encourage you to read our free book, Social Security Disability: What You Need to Know, and to contact us via this website or by phone to schedule your initial consultation with a board certified Social Security disability attorney.

The Social Security Administration understands that a joint condition can significantly impact your ability to function and, therefore, your ability to work. Accordingly, loss of function due to a musculoskeletal condition, such as a joint condition, is one of the first things that is defined in the Blue Book Listing of Impairments.

What Loss of Function Means to the Social Security Administration

Loss of function associated with a joint condition, or any other musculoskeletal condition, is defined as follows in Section 1.00B of the Blue Book:

The inability to ambulate effectively on a sustained basis for any reason, including pain associated with the underlying musculoskeletal impairment, or the inability to perform fine and gross movements effectively on a sustained basis for any reason, including pain associated with the underlying musculoskeletal impairment.

Your inability to ambulate effectively or to perform fine and gross motor tasks effectively must have already lasted or be expected to last for at least 12 months.

The term “ambulate effectively” refers to your ability to walk. Generally, this means that you can’t walk on your own without an assistive device that uses both of your hands (such as a walker rather than a cane). You can “ambulate effectively” if you can maintain a reasonable walking pace over a sufficient distance to carry on with the activities of daily living.

Similarly, the inability to perform fine and gross motor movements must interfere with your activities of daily living in order to be considered disabling. Such activities could include things like pushing, pulling, feeding yourself, and taking care of your personal hygiene.

If you believe your joint condition has resulted in a loss of function, it is important to prove that in your Social Security disability application so that you can be found eligible for benefits. Documentation that might be important to your application includes your medical records and a detailed account of how the loss of function impacts your activities of daily living.

What Loss of Function Means to You

A loss of function may mean that you are eligible for Social Security disability benefits. If you experience loss of function, as described above, and you have the documentation to prove it, you should contact a board certified Social Security disability lawyer as soon as possible so that you can get the benefits you deserve. Please contact us today via this website or by phone to learn more.

No. Some legal actions, such as personal injury cases, have statutes of limitation which require you to file your case by a certain date or lose the right to pursue legal action. The same is not true, however, for Social Security disability benefits. You may apply for Social Security disability benefits whenever you are ready to do so.

But There Are Benefits to Applying Sooner Rather Than Later

There are two important reasons to file for Social Security disability as soon as you think that you might be eligible for benefits. Specifically:

1. The sooner you apply for benefits, the sooner you can recover benefits. You can’t get your benefits until you apply for them and your application is approved. The sooner this happens, the sooner the money will begin appearing in your bank account each month. This may help ease the financial burden of being disabled.
2. You won’t have to think about when to apply for benefits any more. Sometimes, it is just better to get the process over with rather than to drag it out. You won’t have to think about whether today is the right day to take action, because you will have already done what you need to do to protect your benefits.

Despite these advantages, however, you may still be anxious about going through the Social Security disability application process.

Applying for Social Security Disability Doesn’t Have to be Stressful

Once you learn more about how the Social Security disability application process works and about how a board certified lawyer can help you get the benefits you deserve, you may feel less anxious about getting started with your own claim.

Accordingly, we encourage you to read our FREE book, Social Security Disability: What You Need to Know, and to contact us directly via this website or by phone to schedule your personal and confidential meeting with a board certified Social Security disability lawyer. Your lawyer will handle the details of your application while you concentrate on your health and living your life. Contact us today to learn more.

It may be difficult to get up for work after a night without sleep. However, when one night turns into many consecutive nights and you’ve gone a month or more suffering from lack of sleep, you may be suffering from chronic insomnia. Then, instead of it being difficult to get up and go to work, it may be close to impossible.

You May Be Disabled and You May Be Eligible for Social Security Disability Benefits

While insomnia is not listed as a disability in the Social Security Administration’s Listing of Impairments, there are ways in which you may qualify for benefits. Specifically, you may be eligible for benefits if:

• Your symptoms are equal in severity to another listing in the Listing of Impairments.Symptoms of insomnia may include: vision problems, difficulty concentrating, memory impairments, headaches, and other issues.
• You meet a different listing in the Listing of Impairments. Insomnia may be a symptom of another health condition that will qualify you for benefits. For example, if your insomnia is due to a heart condition or a mental disorder, you may qualify for benefits if you can prove your eligibility pursuant to one of those conditions.
• You lack the residual functional capacity to engage in substantial gainful activity. In other words, your insomnia prevents you from working.

However you qualify, you may have a difficult time convincing the Social Security Administration of your disability.

Get the Help You Deserve

Before you submit your application for benefits, you must make sure that you have all of the medical evidence that the Social Security Administration will be looking for and you must be sure that it can be presented in such a way to convince the agency of your disability. This is difficult to do for anyone with a disability, but it is even more challenging for people suffering from a condition such as insomnia. Thus, before you submit your application for benefits it is important to consult with a board certified Social Security disability lawyer who can help you prepare your application and fight for the disability benefits you deserve. To learn more, please contact us directly via this website or by phone to schedule an initial consultation.