Category: Social Security Disability

In your initial application for Social Security disability benefits, you have to prove that you have worked for a significant amount of time in jobs with Social Security coverage. You must also prove that you have a disability that prevents you from working, and that this disability will last for at least one year (or is expected to be fatal).

How Will You Prove This?

The Social Security Administration (SSA) is not going to take your word for it. Instead, you must present evidence that supports your claim.

To complete the Social Security disability benefits application process, you will need the following information:

• Your Social Security number, as well as Social Security numbers for your spouse and dependent children.
• Your birth certificate.
• Proof of United States citizenship, or proof of lawful alien status if you were not born in the United States.
• Your tax information from last year.
• Military discharge information, if applicable.
• Contact information for a doctor or other professional who is familiar with your disability.
• Contact information for any medical professionals, hospitals, or doctors’ offices that have treated you.
• A list of your medications and the doctors who prescribed them.
• A list of medical tests, test results, and the person who ordered the tests.
• A summary of your job history, including your last five employers in the last 15 years.
• Any information on past workers’ compensation claims filed.

Other information may also be required by Form SSA-16 and the Adult Disability Report that accompanies that form.

In order to get the benefits that you deserve, your application must provide the SSA with the evidence that it needs to find in your favor.

If your initial SSDI benefits application has been rejected or if you have other questions or concerns with your case, contact a board-certified disability lawyer today for assistance. We will fight hard to get you the fair Social Security disability benefits that you deserve.

You ask a good question. Before you can decide whether or not to hire a Social Security disability lawyer, you need to weigh the costs and benefits so that you can make an informed decision.

We Charge No Fees Unless We Are Successful

Our fees are governed by the Social Security Administration (SSA) and, therefore, we charge no more than 25 percent of your back benefits, up to a maximum of $6,000, if we are successful. Because the fees are set by the SSA, it will not cost you more to be represented by an experienced Social Security disability attorney at our firm than it would cost you to be represented by a lay advocate who is not an attorney.

The Financial Consequences of Failing to Hire a Lawyer Can be Costly

The majority of Social Security disability applications are denied. The SSA requires very specific information to be provided in a very precise way by Social Security disability applicants. Any application that fails to meet the SSA’s requirements will be denied and the applicant will be unable to recover Social Security disability benefits even if the applicant has a disability that qualifies him for such benefits—unless the applicant is successful on appeal.

You risk nothing by hiring a board certified Social Security disability lawyer, but you risk quite a bit if you fail to hire an attorney to protect your rights. Without Social Security disability benefits, you may find it difficult to pay for your medical bills and living expenses.

You don’t have to take this risk. Instead, we encourage you to contact us for a free, no obligation consultation. We will review your case and give you information about how we can help you so that you can make an informed decision about whether or not to hire a board certified Social Security disability lawyer to protect your rights. For more information, please contact us via this website or by phone to schedule your free consultation.

In many cases, the answer to this question is “yes,” you can automatically qualify for disability benefits if you suffer from lymphoma. Non-Hodgkin’s lymphoma is a condition that is listed in the Social Security Administration’s blue book of disability listings. This means that some patients may automatically be approved for disability benefits.

Common Lymphoma Symptoms

When lymphoma symptoms prevent patients from being able to support themselves financially, Social Security disability benefits can be a valuable lifeline. Examples of some of the more common symptoms of this condition include the following:

1. Weight loss
2. Fatigue
3. Swollen lymph nodes
4. Fever
5. Anemia
6. Weakness

Treatments for Lymphoma

Social Security disability benefits can also help lymphoma patients focus on their treatment rather than worrying about how they are going to pay their bills. Some of the treatments that victims may have to endure include the following:

1. Radiation therapy
2. Chemotherapy
3. Surgical procedures
4. Other biological therapies, such as interferon

Qualifying for Disability Benefits Due to Lymphoma

In order to qualify automatically for disability benefits as a result of lymphoma, your Social Security disability application should:

1. Include a diagnosis of non-Hodgkin’s lymphoma.
2. Demonstrate that the lymphoma is aggressive, also known as diffuse large B-cell lymphoma and that the aggressive lymphoma did not go away after an initial round of chemotherapy or radiation treatment.
3. In the alternative, demonstrate that you suffer from indolent lymphoma, also known as mycosis fungoides or follicular small cleaved cell lymphoma that requires more than one chemotherapy or radiation treatment within a time period of one year.

It is also important to note that if your lymphoma required that you obtain a bone marrow transplant or a stem cell transplant, you can automatically qualify for disability benefits for a time period of one year.

As is the case with all Social Security disability eligibility determinations, your application must be complete in order to recover benefits.

If you are interested in learning more about Social Security disability benefits, we encourage you to view our free guide, Social Security Disability: What You Need to Know or to start a live chat with us at your convenience.

It can take several months for your disability claim to be decided, and during that time you may have questions about the status of your claim. It is important to be proactive about tracking your Social Security disability claim as it moves through the system, but first you need to know how and why to do it.

How to Check the Status of a Social Security Disability Application

You can check the status of your Social Security disability claim by:

• Calling the local Social Security Office and speaking with a disability claims representative.
• Checking the status of your claim on the Social Security website.
• Speaking directly with the disability examiner assigned to your case. This person likely works in the Texas Disability Determination Services (DDS) office.
• Contacting your Social Security disability lawyer. Your attorney can make the appropriate calls to the SSA or DDS on your behalf and help you get the information you need.

You, or your lawyer, can usually get the most information by contacting DDS. When you call the DDS office, tell them you are calling to check the status of your application. The disability examiner will be able to tell you if your case is pending or if a decision has been made. If your claim is still pending, ask if there is any way you can help move the process forward. Remember not to say anything that could hurt your chances of obtaining Social Security disability benefits, and instead, keep any conversations with the SSA or DDS limited to the status of your case.

Why You Should Check the Status of a Social Security Disability Application

Now that you know how to check the status of your Social Security disability application, it is important to know why you should do so. You should check on your application’s status because:

• Paperwork may get lost. It is possible that the paperwork for a Social Security disability benefits application was lost. When this happens, the case will not progress, and valuable time may be lost. In some cases, the applicant may even have to prepare and file an entirely new application. This occurs when the Social Security Administration determines that the appeal deadline was missed, even if that missed deadline was the fault of the SSA itself.
• The Social Security Administration may fail to notify you that your claim has been denied. Applicants have only 65 days from the date on which the denial was issued to file an appeal. Naturally, it is extremely difficult to comply with this deadline if you are not aware that your claim was denied.
• Contacting your claims examiner at the Disability Determination Services to inquire about the status of your case could potentially speed the matter along.

The approval of your claim may be just part of another workday for the government worker assigned to your case, but it is critically important to you, and the wait for an answer can be excruciating. If you are handling your claim yourself, on the day you file your initial claim or first appeal, make a note on a calendar to remind yourself to check the status of your claim in 30 days. That way you won’t forget to follow up on this important matter.

If you are working with a disability attorney, you should trust that your lawyer will stay on top of your claim. An experienced Social Security disability lawyer will already be in communication with your disability examiner and can keep you up to date on the status of your claim. It’s just one of the services a legal representative will provide for you. Call Morgan Weisbrod at (214) 373-3761 today to learn more.

There are a number of serious consequences to committing crimes—and many people don’t realize that the extent of those consequences go beyond jail time and fines. In some instances, your criminal record or your criminal status could affect your ability to receive Social Security disability benefits.

How Your Criminal Record Could Impact Your Social Security Disability Benefits

Generally, you cannot receive Social Security benefits if you:

• Currently have an outstanding warrant for your arrest for a felony
• Are currently incarcerated for a felony
• Are currently institutionalized by court order for a crime for which you were found not guilty due to insanity or for which you were found incompetent to stand trial
• Became disabled while committing a crime for which you were convicted—or your disability became worse while committing a crime
• Were injured or became disabled, or your disability became worse, while serving time for a felony. However, you may apply to receive benefits for this disability after being released from prison.
• Committed the crime of fraud to obtain Social Security benefits or if someone in the Social Security Administration committed fraud on your behalf
• Are violating a condition of your parole
• Are violating a condition of your probation

But You Can Receive Social Security Disability Benefits in Some Cases

Specifically, you may be eligible for Social Security disability benefits if you:

• Have a criminal record but you are not currently in prison for a felony and you are not currently wanted for a felony
• Are incarcerated but participating in a rehabilitation program such as a work-release program, and if your release will take place in a reasonable amount of time
• Are injured but are not convicted of the crime associated with the injury

We have all made mistakes. You may have paid the price for your mistakes and learned important lessons from these mistakes. In many cases, if you serve your time and follow the conditions of your probation or parole, your criminal past will not affect your ability to secure Social Security disability benefits. To learn more about your specific case, contact Morgan Weisbrod today via this website for a free, confidential consultation.

If you have become disabled and are no longer able to work at your current occupation, it is important to know if job retraining will hurt your chances of receiving Social Security disability (SSDI) benefits.

At Morgan & Weisbrod, LLP, our Social Security Disability attorneys advise clients to participate in job retraining programs if they are able to do so. In many cases, the approval or denial of your Social Security disability benefits comes down to the issue of whether or not you could perform some different kind of work than the jobs you had in the past.

Participating in a job retraining program through the Department of Assistive and Rehabilitative Services (DARS) may help establish that you are unable to perform any type of regular job. DARS may also pay for examinations and testing to help determine what kind of retraining would be suitable for you. This is valuable documentation that can help your SSDI application or appeal.

If you participate in a rehabilitation and job retraining program and you find out you are able to work, you will most likely make more money through employment than you would collect in Social Security disability benefits. In these cases, our disability benefits attorneys may still pursue payment of benefits for the time during which you were unable to work. Your chances of receiving these benefits may be enhanced because, in most cases, we will be asking for benefits for a year or two and not for the rest of your life.

If you have questions about receiving Social Security disability, please start a free live chat with us today.

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From offices in Dallas/Fort Worth and Houston, the Social Security Disability Claims attorneys of Morgan & Weisbrod, LLP help disabled people throughout Texas receive the disability benefits they deserve. Cities we serve include Tyler, Longview, Austin, El Paso, Lubbock, San Antonio, Waco, Amarillo, Bryan, College Station, Angleton, Galveston, Sugar Land, Beaumont, Arlington, Irving, Denton, McKinney, Plano, Carrollton, Amarillo, Corpus Christi, Brownsville, and Abilene.

People who have applied for Social Security disability benefits as well as those currently receiving benefits may work—up to a certain limit. It can be beneficial financially and psychologically for people to work and earn money, even if it only amounts to a few hours of work a day or a couple hundred dollars a month.

And the Social Security Administration Allows It—Up to a Certain Point

That point is known as the point of substantial gainful activity (SGA). Very generally, substantial gainful activity is just a fancy way to say the word “work.” If you are unable to work at all, or if you are not able to work enough to earn a substantial amount of income, you are eligible for disability benefits. Taking a closer look, the Social Security Administration defines SGA as:

• Work that involves significant and productive duties, and
• Work that results in a certain monthly income.

The specific amount that you can earn changes regularly according to the national average wage index. In 2016, substantial gainful activity is a monthly income of $1130 for non-blind Social Security disability recipients and $1820 for blind Social Security disability recipients.

Social Security disability recipients who earn the SGA amount or more may no longer be considered disabled under the Social Security Administration rules. It is important to note that if you are performing services that the SSA values at the SGA amount or more, you may be disqualified from receiving benefits even if you do not receive wages for your work.

What If You’re Not Sure If You Can Go Back to Work Successfully?

If you would like to return to Substantial Gainful Activity after a disability but you are unsure if you will be able to support yourself, you may take advantage of the SSA’s trial work period.

Going back to work after being on Social Security disability can be confusing. If you have questions about your eligibility for Social Security disability benefits or about how substantial gainful activity could affect your disability payments, you may wish to speak to an experienced lawyer. The Social Security disability lawyers at Morgan Weisbrod offer free, private consultations. Call us today to learn more.

Free Consultation ∙ Handicapped Accessible ∙ Se Habla Español

From offices in Dallas/Fort Worth and Houston, the Social Security Disability Claims attorneys of Morgan & Weisbrod, LLP help disabled people throughout Texas receive the disability benefits they deserve. Cities we serve include Tyler, Longview, Austin, El Paso, Lubbock, San Antonio, Waco, Amarillo, Bryan, College Station, Angleton, Galveston, Sugar Land, Beaumont, Arlington, Irving, Denton, McKinney, Plano, Carrollton, Amarillo, Corpus Christi, Brownsville, and Abilene.

The answer is maybe. Some people who use marijuana or other drugs will be eligible for Social Security disability and others will not be eligible.

Why?

Generally, if it is an addiction to marijuana that makes you unable to work, you will not be eligible for Social Security disability benefits. Similarly, if your health issues are caused by or made worse by your past or current use of marijuana, you will not be eligible for Social Security disability benefits.

However, if your marijuana use did not cause or worsen your medical condition, it might be irrelevant to your Social Security disability application and you may be eligible for Social Security disability payments.

Two Things to Know Before Applying for Social Security Disability

If you use pot, it is important to know two things before you file a Social Security disability eligibility application.

First, it is important to be truthful on your application. Do not attempt to cover up your drug use. Your medical records, or other evidence, will reveal the use anyway so it is important to be honest and upfront.

Second, it is important to know that marijuana is still considered an illegal substance by the federal government and that Social Security disability is a federal program. Accordingly, marijuana may still be seen in a negative light.

For these reasons, it is important to make sure your rights are protected by working with an experienced Social Security disability lawyer who can make sure your application is complete, that it is truthful, and that it answers all of the potential questions that might come up about your marijuana use.

Yes, if you have worked long enough to qualify for Social Security disability benefits and you are currently receiving inpatient or at-home hospice care, you may be eligible for Social Security disability benefits.

It’s Not Too Late

Since you are receiving hospice care, you are receiving palliative care for your pain management and comfort, but you are no longer receiving treatment for your terminal illness. Additionally, hospice has determined that your condition is likely to result in death within the next six months. Thus, you may not only qualify for Social Security disability benefits, but you may also qualify for a quick review of your application pursuant to the Social Security Administration’s Terminal Illness Program (TERI).

Why Social Security Disability Is Still Important

You likely are too ill to work and to earn an income while you are receiving hospice care. However, your daily living expenses may have increased as you need more care due to your illness. Social Security disability can help you by replacing a portion of your income during this difficult time and reducing your need to rely on others.

How to Get the Help You Need

Dealing with bureaucratic paperwork is probably very low on the list of things you want to deal with right now. However, applying for this government benefit—which you’ve earned through your years of paying into the Social Security system—does not have to be a burden. Instead, you have the right to have an experienced Texas Social Security disability lawyer help you get the benefits for which you qualify. To learn more, please call us today.

In most cases, people with sciatica do not qualify for Social Security disability unless they also have another health condition.

Why Not?

Pain from sciatica—or a problem with the sciatic nerve—can be debilitating. It can leave you unable to work and unable to go about your regular activities. For a period of time, and again at recurring times, you may even be disabled.

However, with treatments such as medications, physical therapy, and surgery, most cases of sciatica are resolved. Thus, the disability caused by sciatica is not permanent nor is it fatal. A permanent disability, or a disability that is likely to result in death, is part of the Social Security disability eligibility requirement. Therefore, most people with this painful condition will not qualify for Social Security disability even if they are unable to work for a period of weeks or months.

There Are Some Exceptions

While sciatica is treatable for many people, there are some people who do not recover from sciatica pain. Instead, they suffer permanent problems such as loss of movement or incontinence because of nerve damage. For those who are unable to work because of a permanent disability, Social Security disability may be a viable option.

If you believe that you should qualify for Social Security disability based on your sciatica pain or a related complication, it is important to talk to an experienced Social Security disability lawyer before making a claim. Your lawyer can review your rights with you and make sure that your application is as strong and accurate as possible so that you can get the benefits you deserve. To learn more, please start a free live chat with us now.