CAN I GET SOCIAL SECURITY DISABIITY FOR....?

Here are things that individuals need to consider as they think about Social Security disability while they are still working: First, there is no disability benefit available from Social Security if you are working and earning more than $1,090 per month. You must have stopped working to apply--or at least be earning less than $1,090 per month if working part-time. Second, Social Security does not pay a benefit for the first full 5 months of disability.  At a minimum, you must be prepared for at least 6 months of no income after you stop working.  Getting approved within 6 months is, honestly, pretty much of a miracle.  It often takes much longer. Third, not being able to perform your past work is not enough, in most cases, to qualify for Social Security disability benefits.  If you are under age 50, Social Security will look at your ability to perform other work, including jobs that are unskilled, sedentary and simple, routine jobs.  For examp...

You may have heard that Social Security disability benefits are available to persons who are only "partially disabled."  This is not correct. With Social Security rules, a person is either disabled or not disabled; there is no in between, no partial disability. This is confusing because sometimes Social Security judges will issue decisions that are "partially favorable" to the claimant.  However, this is not for "partial disability." A "partially favorable" decision means that the administrative law judge has found you to be disabled.  However, he or she has changed some material fact in your application.  Most often, this change involves the established onset date- -the date you were found to have become disabled.  For example, in your application you may have alleged that you became disabled on June 1, 2012.  After reviewing the facts of the case, the judge may have decided that you did not become disabled until September 1, 20...

Veterans may get expedited claim processing for Social Security disability benefits. To get expedited processing, veterans must self identify and have a 100 percent permanent disability rating from the Veterans Administration. By "self identify," we mean that the veteran must inform Social Security of their 100 percent VA disability rating at the time the application is filed.  We recommend sending a copy of both your DD-214 form and your VA awards letter that shows the percentage of disability award. Does a 100% VA disability award guarantee approval of Social Security benefits?  No.  While a VA award does not automatically qualify for Social Security disability benefits, it does qualify for a much faster processing time--that is, a much quicker answer.  And, since the VA disability evaluation is similar to the Social Security evaluation process, the VA award can work in your favor. If a vet receives Social Security disability benefits, will it redu...

The general answer to this question is, No.  A person may not receive Social Security disability benefits if he/she is currently working full-time. According to 20 Code of Federal Regulations 404.1520(b) , if an individual engages in Substantial Gainful Activity, she is not disabled regardless of how severe her physical or mental impairments are and regardless of her age, education or work experience. Social Security defines "substantial gainful activity" as activity that is substantial and gainful.  Work will generally be deemed SGA if it produces gross wages of at least $1,090 per month.   CAUTION:  It is the work , not the income that disqualifies.  Income from pensions, insurance, investments, (not working) etc. will not disqualify a person. Another question arises:  May I work part-time and receive Social Security disability benefits.  The answer here is not so clear cut.  The boundary line is still earning gross wages of...

Some important terms stand out in Social Security disability regulations.   Here is what they mean. Alleged Onset Date (AOD) .   This is the date the claimant alleges to have first become disabled.   If it becomes the Established Onset Date (EOD), meaning that the Social Security Administration agrees that the claimant did indeed become disabled on that date, benefits may be paid back to that date.   So the AOD/EOD affects how many months of back pay or past due benefits the claimant is entitled to receive. Waiting Period .   The waiting period for all Title 2 (regular disability) claims is 5 full calendar months.   This is really an elimination period.   5 months of benefits will be subtracted from the Established Onset Date.   For example, if you are found to have become disabled on March 15 th , your waiting period will include the months of April –August and your first benefit payment eligibility will be for the month of Septemb...

Interstitial Cystitis (IC) is a complex genitourinary disorder involving recurring pain or discomfort in the bladder and pelvic region.  It is often considered the same condition as painful bladder syndrome. IC occurs more often in women than men. Social Security has issued SSR 15-1p, stating that Interstitial Cystitis (IC) is a medically determinable impairment and the ruling describes how the disorder should be evaluated by decision makers.   IC can cause any number of disabling symptoms.  Urinary frequency can necessitate trips to the bathroom as often as every 10 to 15 minutes.  Pain and other symptoms associated with IC may result in exertional limitations that prevent a person from doing a full range of unskilled work in one or more exertional categories.   Or, pain caused by IC may interfere with an individual's concentration, persistence and pace.  There may also be postural and/or environmental limitations that erode the occupational base ...

Attention Deficit Disorder (ADD) or Attention Deficit Disorder with Hyperactivity (ADHD) is seldom awarded Social Security disability benefits.  The symptoms would have to be very severe and be clinically proven to cause marked interference with cognitive, social or emotional functioning. We often think of ADD or ADHD in terms of children.  However, adults do suffer with this condition, as well.   In the case of a child, Social Security will look at whether the child is able to perform school work (even if it requires special help), interact appropriately with teachers and peers,  and functional socially at an age appropriate level.  ADHD must be diagnosed by a licensed physician or clinical psychologist.  In addition, evidence from teachers, school counselors and parents may be considered.  Social Security will not consider ADD or ADHD to be disabling if it can be adequately controlled with medication.  If medication has never been attempted,...

Many times a person hasn't worked long enough, or hasn't worked recently enough to be eligible for Title II disability benefits under his or her own work record.  Another venue to check would be widow's benefits. Reduced retirement benefits may be available to widows at age 60.  Disability benefits may be available at age 50. Basic requirements for widow's disability benefits are: You were married to the worker for at least 10 years. Your disability began before or within 7 years of the worker's death. You are at least 50 years of age. You meet the same definition of disability as would be required of a worker. Survivor's benefits may be available at any age if you take care of the deceased worker's child who is under the age of 16 OR the child is disabled and receives a benefit under the deceased worker's record. Remarriage after age 50 does not affect disability benefits.  Remarriage after age 60 will not affect retirement benefits. You mu...

Attention Deficit Disorder or ADD is a serious inability to remain focused, to concentrate or to complete tasks in a timely manner.  Hyperactivity Disorder (HD) may be related and involves the inability to be still or relaxed in a manner that interferes with activities of daily living.  The combined type is ADHD which combines both concentration deficits with hyperactivity. ADHD is often thought of as a problem for children.  However, many adults have either ADD or ADHD and these conditions can pose serious restrictions on the ability to perform the mental activities required of remunerative, competitive work. Will Social Security pay benefits for ADHD?  The answer is, maybe. If you can prove that the ADHD has lasted for 12 months or more, is severe enough to interfere with your ability to perform normal age appropriate activities, including school or work functions, you may be able to get benefits.  Treatment by a medical or psychiatric professional is vi...

Having an injury occur on the job does not prevent you from getting Social Security disability benefits if you are unable to work. For most on the job injuries there will probably be a workers compensation claim.  Receiving a workers compensation insurance settlement does not usually prevent you from getting Social Security disability benefits.  However, depending on how your workers compensation settlement is structured, there might be an offset that will affect the amount of the Social Security benefit.  Often there is not even an offset. (The Forsythe Firm does not handle workers compensation claims). As with all Social Security disability claims, getting benefits depends on the severity and duration of your injury.  Here are some very general guidelines: You must be unable to work for a period of no less than 12 consecutive months. This is called the duration requirement.  Note:  You do not have to be off work for 12 months before filing a Social...

Poor vision qualifies for Social Security disability if the sight is severely impaired and is not correctable with glasses. Visual impairments are governed by Social Security Listings 2.02, 2.03 and 2.04. Loss of visual acuity may qualify for benefits if the sight in the better eye is 20/100 or less after correction with lens. Contraction of the visual field may also qualify for benefits when, in the better eye, the widest diameter of the vision field is no greater than 20 degrees from the point of fixation. Visual efficiency of 20 or less, or a visual impairment value of 1.00 or greater will also generally qualify for benefits. Who may evaluate vision impairments for purposes of a Social Security claim?  Social Security will accept evidence of visual impairment from either a medical doctor or a licensed optometrist.  However, the examination must include the specific details (see above) to allow Social Security to decide the severity and type of your vision impairme...

Post Traumatic Stress Disorder (PTSD) is evaluated by Social Security under Section 12.06, Anxiety Related Disorders. PTSD occurs after seeing or experiencing a traumatic event like death, injury, accident, rape, abuse, natural disaster, war or etc.  PTSD was first associated with soldiers coming out of combat in war zones.  Now, it is recognized that there are also many other causes for PTSD. To award benefits, Social Security will want proof of nearly extreme anxiety or emotional disturbance creating flashbacks, bad memories, nightmares, etc.  Ideally, these severe symptoms should be documented by either a psychiatrist or clinical psychologist.  While a family doctor (primary care doctor) may treat PTSD, Social Security tends to give more weight to a mental health professional or specialist. There are two ways to be approved by Social Security for PTSD: One is to meet Listing 12.06.  Few people have symptoms severe enough to meet the Listing. A seco...

It may be possible to get Social Security disability benefits for Epilepsy or other seizure disorders - but there are some specific requirements to do so. You need a diagnosis and treatment from a doctor, preferably a neurologist. You must have tried medications to control the seizures and allowed the doctor to adjust the dosage or try different medications. You must still be having seizures at least once a week after at least 3 months of medical treatment. You need to have blood serum tests by your doctor to prove you are taking prescribed medications. A journal or diary describing the dates, type and severity of seizures is helpful; this may be kept by a family member. Social Security considers epileptic seizures to be controllable (usually) with proper medical care.  Only in the case of intractable or chronic seizures which occur frequently in spite of adequate medical care will Social Security grant disability benefits.  Age can also play an important role in the ...

If you are age 50 or over, you may qualify for Social Security benefits for any physical or mental condition which prevents you from full-time work. Yes, younger individuals may also qualify.  However, Social Security uses Medical-Vocational Guidelines which relax the requirements somewhat for persons age 50 and over. In addition to your age, other factors include your past work experience and education.  But being age 50 or more is the greatest single advantage a claimant has in being approved for Social Security benefits. The Forsythe Firm will provide you with a free case evaluation and local consultation.  If we represent you, you will never pay a fee until you get benefits with back payments.  If you do not win benefits you will never pay us a fee for any service we perform. Contact us at (256) 799-0297.  We're located across from Bridge Street.

You may get Social Security disability for anxiety, depression, PTSD or any number of mental impairments if they are severe enough to prevent you from full-time work on a persistent basis. Persistent work is work that you are able to perform 8 hours per day, 5 days per week or an equivalent schedule.  You must also be able to remain on task for at least 2 hours at a time without a break.  If you are unable to work on a schedule like that, you are probably disabled according to Social Security rules. There is also a duration requirement.  You must have been unable to work for at a period of not less than 12 consecutive months, or you must reasonable expect to be disabled for that period of time. The following are key mental requirements for work: The ability to remember, understand and carry out instructions commensurate with the type of work you are trying to perform; The ability to adapt appropriately to usual workplace stressors and changes in the work...

Veterans may qualify for Social Security disability benefits.  You may qualify even while you are still on active duty and still in the US armed forces -- if you are unable to perform your job based on physical and/or mental impairments.  The wounded warrior provisions of the Social Security Act provide Social Security benefits to military personnel for impairments, whether or not the impairments are related to military service. Veterans who have been given a 100 percent permanent disability rating by the Veterans Administration can qualify for an expedited decision on their Social Security claim. You are NOT required to have a VA disability rating to apply for Social Security disability - but this rating will speed up the claim process.  Your waiting time for a Social Security decision may thus be shortened to as little as 30 days. May you receive VA disability benefits and Social Security disability benefits at the same time?  Yes, you may.  And one benefi...

Back problems are the number one impairments for which Social Security disability benefits are awarded.  (Mental illness is the second most awarded category). You may first want to check and see if you meet a Listing found in category 1 of Part 404, Subpart P, Appendix I of the 20 Code of Federal Regulations (called simply "the Listings).  Regardless of the cause(s) of a musculoskeletal impairment, functional loss for purposes of these listings is defined as 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. The inability to ambulate effectively or the inability to perform fine and gross movements effectively must have lasted, or be expected ...

Fibromyalgia may qualify for Social Security disability benefits if the symptoms are persistent, severe and prevent you from full-time work. The cause of Fibromyalgia is not known.  It may be linked to overactive nerve receptors.  It causes a feeling of tiredness (fatigue) and pain all over the body, especially along the spine and at certain pressure points.  According to the Cleveland Clinic, common symptoms of Fibromyalgia may include: Sleep disturbance Depression Daytime tiredness Headaches Alternating diarrhea and constipation Numbness and tingling in the hands and feet Feelings of weakness Having difficulty remembering Dizziness Increased sensitivity to light, odors and sound  Until 2012, Social Security was very reluctant to approve disability cases based on Fibromyalgia because it felt the disease could not be medically diagnosed as a severe impairment.  That changed on July 25, 2012 with Social Security Ruling 12-2(p), which gives guidance...

You may get Social Security disability for anxiety, depression, PTSD or any number of mental impairments if they are severe enough to prevent you from full-time work on a persistent basis. Persistent work is work that you are able to perform 8 hours per day, 5 days per week or an equivalent schedule.  You must also be able to remain on task for at least 2 hours at a time without a break.  If you are unable to work on a schedule like that, you are probably disabled according to Social Security rules. There is also a duration requirement.  You must have been unable to work for at a period of not less than 12 consecutive months, or you must reasonable expect to be disabled for that period of time. The following are key mental requirements for work: The ability to remember, understand and carry out instructions commensurate with the type of work you are trying to perform; The ability to adapt appropriately to usual workplace stressors and changes in the work environmen...