Qualifying Without The Impairment Listing
The impairment listing isnt the only way to obtain disability benefits for depression. Instead, claimants can be granted a medical-vocational allowance, which in fact is how the Administration approves most disability claims for depression.
To determine whether to grant disability benefits under a medical-vocational allowance, the Administration considers how depression symptoms affect the ability to do unskilled work that demands abilities to
- Comprehend, remember, and execute simple instructions,
- Make simple decisions necessary for the work,
- Respond properly to supervision and cooperate with co-workers, and
- Adapt to changes in routine.
If depression is the only impairment claimed on the disability application, an award of benefits is a long shot unless the condition is a major case, severe, and obviously disabling. But with a concomitant physical or another mental impairment in addition to depression, there is a better chance for benefits.
If the Administration decides that the mental impairment makes even simple, unskilled work impossible, the claimant will receive disability benefits. If the Administration decides that the claimant has the mental and emotional ability to do unskilled work but that a physical impairment requires sedentary work, the claimant could receive disability benefits if not qualified to do any available sedentary jobs.
Do You Meet The Listings Requirements
Disability claims examiners will determine whether you meet the requirements of the disability listings by reviewing three items:
Unfortunately, Social Security disability claims examiners are not licensed psychiatrists. They dont have to train to understand fully the disabling effect of all mental disorders. They also may not be aware that it isnt easy to evaluate symptoms of mental conditions. Unlike physical disabilities, mental disorders have very few tests for measuring their severity.
So, if your disorder is not included in the official listing or easily understood, your claim will likely be denied. It is no surprise then that disability claims for cognitive, psychological, and psychiatric problems more often receive approval on appeal.
Benefits For Disabled Widows Or Widowers
If something happens to a worker, benefits may be payable to their widow, widower, or surviving divorced spouse with a disability if the following conditions are met:
- The widow, widower, or surviving divorced spouse is between ages 50 and 60.
- The widow, widower, or surviving divorced spouse has a medical condition that meets the definition of disability for adults and the disability started before or within seven years of the worker’s death.
Widows, widowers, and surviving divorced spouses cannot apply online for survivors benefits. However, if they want to apply for these benefits, they should contact Social Security immediately at 1-800-772-1213 to request an appointment
To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.
We use the same definition of disability for widows and widowers as we do for workers.
Disability Listing For Depression
The Social Security Administration publishes a list of common, serious illnesses for which afflicted claimants can qualify for disability benefits if they satisfy specific criteria. The list facilitates and expedites the qualification process so claimants with severely disabling conditions can receive benefits quickly. Impairment Listing 12.04 under Affective Disorders covers depression. To qualify for either Social Security Disability or Supplemental Security Income benefits for depression, the claimant must present at least four of the following specific symptoms:
- Disinterest or lack of enjoyment in most activities,
- Low energy levels,
- Feelings of shame, guilt, or regret,
- Paranoid delusions or hallucinations, or
- Contemplations of suicide.
In addition to the presentation of symptoms, the Administration requires claimants to show that depression causes them serious difficulties in
- Everyday life activities,
- Focus on thoughts, or
As an example, a claimant diagnosed with depression who doesnt relate well with others, cant focus on simple tasks, and has difficulty maintaining personal hygiene might qualify for the depression disability listing.
A claimant who endures recurrent episodes of depression over at least two years might qualify for disability if the depression responds well to antidepressant medication or to intensive social support, but recovery is only tentative and a setback predictable if the claimant returns to work or changes a daily routine.
The Ssa Blue Book Wait There Are Listings For A Thyroid Condition
While many thyroid conditions are controlled by medication, there are some that are more challenging to manage, and they can have life-altering impairments.;;We know that thyroid disease can be dreadful and disabling for many, but you will have to prove your condition to the;Social Security Administration .; Social Security Administration Blue BookWhat many patients dont know is that there are several listings in the Blue Book that may apply to thyroid disorders. Some of the listings that;may apply;to your thyroid condition are the following:
- Listing 13.09; Malignant Neoplastic Diseases Thyroid which addresses thyroid cancer
- Listing 5.08; Digestive Systems applies to unintentional weight loss
- Listing 4.00; Cardiovascular System applies to thyroid-related heart conditions
- Listing 11.0; Mental Functioning applies to brain fog and cognition associated with thyroid disease.
- Listing 11.04; Central Nervous System Vascular Accidents applies to strokes caused by complication of thyroid disease
- Listing 12.04;and;12.05; Mental Disorders applies to depression, anxiety, bi-polar and obsessive-compulsive disorder associated with thyroid disease
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What Is Multiple Sclerosis
Multiple sclerosis, widely known as MS, is a chronic autoimmune disease that affects your central nervous system, which includes your brain, spinal cord, and optic nerves.; It occurs when your immune systems attacks the fatty myelin sheaths surrounding the axons in the brain and spinal cord.; Without the protective myelin, your nerve fibers become damaged which impairs your brains ability to send signals throughout your body.; MS is a progressive disease that gets worse as time passes, eventually causing loss of functions even if you had periods of few or no symptoms.
There are fours types of MS:
- Relapsing-remitting the most common type of MS, you may have temporary periods , flare-ups or exacerbations when new symptoms appear.
- Secondary-progressive most people with RRMS transition to SPMS. Your symptoms worsen more steadily overtime, with or without occurrence of relapses or remissions.
- Primary-progressive an uncommon type of MS, your symptoms slowly worsens over time with no relapses or remissions.
- Progressive-relapsing a rare form of MS, you have a steadily worsening of the disease from the beginning, with acute relapses but no remissions, with or without recovery.
What Are the Symptoms for MS?
The most common symptoms you may experience include:
How Do I Medically Qualify for Disability Benefits?
Listing of Impairments
In order to meet the MS listing, you must show you have at least one of the following:
Medical Vocational Guidelines
Chronic Obstructive Pulmonary Disease Social Security Disability Cases
Chronic Obstructive Pulmonary Disease is a leading cause of death and illness worldwide, according to the Mayo Clinic. The disease encompasses a number of impairments, including emphysema and chronic asthmatic bronchitis, that block the flow of air as a person inhales, making it increasingly difficult to breathe. Since COPD is often caused by smoking, it can be avoided by not smoking or for current smokers kicking the habit. Lung damage caused by COPD cannot be reversed, however, so treatment typically focuses on controlling symptoms and minimizing additional damage. In other words, COPD means a lifetime of breathing difficulty for those who suffer from it, which limit a persons ability to earn a living as well as his or her daily activities.
Hermann Law Group, PLLC is a full service disability law firm, representing clients in New York, New Jersey and Connecticut who suffer from COPD and other serious diseases in seeking Social Security disability benefits. We have successfully represented thousands of disabled people suffering from COPD in their Social Security disability claims, and we have expertise in understanding the nature of this disease and what information is required to win a COPD disability claim
What If Your Medical Condition Is Not On The List
Even if your medical condition isn’t on the Listing of Impairments, you may still qualify for SSDI or SSI if certain criteria are met. First, the medical condition must be a medically determinable impairment. A medically determinable impairment is a medical condition that has been the subject of clinical and laboratory testing. In other words, your medical condition must be supported by clinical reports.
Next, the medical condition must limit your residual functional capacity . RFC is determined by looking at the most demanding activity you can still do despite your medical limitations. Based on your residual functional capacity, a disability claims examiner will determine your exertional level. Exertional levels vary from sedentary work to very heavy work and are based on how much weight you can lift and carry.
The RFC also includes non-exertional limitations, like the ability to climb or bend down, the use of hands, the capacity to cope with anxiety or depression, and any environmental restrictions. The disability claims examiner will take your medical history, reports, and residual functional capacity into consideration to determine if your medical condition qualifies for disability benefits.
Providing Medical Evidence For Your Case
The medical evidence that you include with your application for SSD must include documentation from the time you became disabled until the date of your application. It also needs to prove that your disabling condition is severe enough to prevent you from earning more than $1,000 per month from work. Medical evidence that the SSA considers valid include:
- Blood work panels
- Physical examination notes
- Treatment reports or notes
All adult patients in the United States have the right to obtain a copy of their medical records. While each place you received treatment from may have slightly different procedures to obtain medical records, you will likely need to put your request in writing or show photo identification if you make the request in person.
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Tip : File A Social Security Disability Application
There are two ways to apply for disability benefits:;
To apply locally, use the SSAs office locator to find information on your nearest office, or call 1-800-772-1213, Monday through Friday, from 8 a.m. to 7 p.m. Eastern time. Youll be able to set up an appointment to either file a claim at your Social Security office or to file a claim by phone. The office will send you a Disability Starter Kit to help you prepare for the appointment.;
Those deaf or hard of hearing can call its TTY number at 1-800-325-0778.
Symptoms Of Multiple Sclerosis
MS damages the myelin sheath that surrounds nerve cells in the central nervous system. When the layer of myelin is damaged, destroyed or inflamed, the nerve is unable to conduct electrical impulses throughout the body. This causes miscommunication between the brain and the bodys organs and appendages. As a result, you may experience adverse side effects, including:
- Blurry vision or loss of eyesight
- Weakness and fatigue
- Loss of urinary or bowel control
- Numbness and tingling in arms, hands, legs and feet
The effect on your life can be profound. From difficulty walking, to slurred speech, cognitive impairment or blindness, your ability to work and earn a living can be significantly impacted.
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Why Use A Disability Attorney
A disability lawyer will help you gather the supporting documentation that your claim needs to be approved. Your attorney will also review all your medical records and make sure that your records have the detailed information that will let the SSA review the severity of your case and determine how you are affected by your medical problems.
With the help of a disability attorney, your chances of having your claim approved and being awarded benefits increase. Disability attorneys have undergone extensive training and stay current on the SSA laws and when changes are made. When you enlist the help of a disability lawyer, you will not pay anything out of pocket because your lawyer will not be paid until your claim has been approved and you are awarded back pay.
The SSA has set the regulations that determine how much an attorney can be paid for a disability claim. A lawyer will not receive more than 25 percent of your back pay and their payment cannot exceed $6,000. You can enlist the help of an attorney at any point during the disability claims process.
How Do You Qualify For Ssdi
To qualify for SSDI, you need to meet some basic requirements.
- You must have earned a sufficient number of work credits.
Work credits are basically points you accumulate by earning, and paying Social Security taxes on, a certain amount of money. In 2018, you earn one work credit for every $1,320 in wages or self-employment income. You can earn four credits per year, so once you’ve earned $5,280 in taxable income in a year, you can’t earn any more credits until the next year.
The specific number of work credits you need to qualify for SSDI will vary depending how old you are when you become disabled. As a general rule, you can potentially qualify if you’ve earned at least 20 credits in the 10 years prior to becoming disabled;and if you’ve earned a total of 40 credits or more.
However, if you’re younger when you become disabled, the work credit requirement is reduced based on age. For example, if you’re under 24 when you become disabled, you can become eligible for SSDI if you’ve earned at least six work credits in the three year period before your disability occurs.
If you’re between the ages of 24 and 31, you can qualify if you’ve earned work credits at least half the time between age 21 and the time you develop your disability. If you’re between the ages of 31 and 62, there’s a chart showing the number of credits you need.;
- You cannot be engaged in substantial gainful activity
- You have to meet the definition of disabled
- You must be unable to do any job you’re qualified for
Qualifying For Social Security Disability Benefits For Asthma On The Basis Of Your Medical History And Records
Asthma is included on the Adult Listing of Impairments in Category 3.00 Respiratory System. Section 3.03 describes when asthma is severe enough to qualify you for benefits based on your medical history and records.
Asthma may result in disability when:
Even if your asthma does not exactly match this description, you may still qualify for disability benefits if your asthma has reduced your ability to function to such a low level that you are not capable of working.
Disability Benefits For Veterans
You may be eligible for disability benefits if youre on disability from your service in the Canadian Armed Forces or Merchant Navy.
You may get social assistance payments from:
- your province or territory
- your First Nation
These payments will depend on your household income, savings and investments.
You may also be eligible for health-related benefits from your province or territory. These benefits may include benefits that help cover the cost of:
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How To Qualify For Disability Benefits
In order to apply for Social Security Disability Benefits, you must first have worked in the US. You also must have a; ;medical disorder that fits the Social Security criteria of disability. In addition, you must be expected to be out of work for a year or longer.
The amount of job credits that you need;to apply for SSDI;depends on your age before you become ill. Generally, you require 40 credits, 20 of which have been obtained in the last 10 years of the year you became disabled. However, younger employees could be eligible with fewer credits.
Benefits normally continue until you are able to work on a daily basis again. There are also a set of special laws, named ‘working incentives,’ which allows you to;continue receiving;benefits and health care services to help you make the transition back to work.
If you receive Social Security Disability Payments before you reach maximum retirement age, the disability benefits will automatically be converted to retirement benefits, but the payment will remain the same.
Depression And Related Disorders
This group is listed in § 12.03 of the Blue Book, and includes more than just depression. Depression, major depressive disorder, bipolar disorder I, bipolar disorder II, cyclothymic disorder, and dysthymia area all included in this section.
These disorders include feelings of depression, loss of interest or pleasure, hopelessness, guilt, suicidal thoughts, and physical effects including changes in weight, appetite, sleep, and energy. If these thoughts, feelings, and physical effects are severe enough to interfere with your work, you may qualify for disability. Since this is likely one of the most widely-diagnosed disorders, proving your disability is severe enough to affect work is crucial to getting disability coverage.
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Obtaining Social Security Disability Benefits For Asthma
The U.S. Centers for Disease Control and Prevention estimates that as many as 25 million Americans have asthma. Obtaining Social Security disability benefits for asthma can be difficult; most cases of asthma are controllable. However, a small percentage of people with asthma are unable to work because of their condition. If you are one of them, you may be eligible for benefits.