How To Support Your Diagnosis And Strengthen Your Claim
Record everything.Pain may be subjective, but keeping a daily pain journal to record the frequency, severity, and intensity of symptoms can strengthen your claim for benefits. Note all of your symptoms, no matter how big or small, in detailed entries that include dates, times, and what activity increased or decreased the pain.
A detailed record of your symptoms may support the information in your medical records and fill in any gaps. If your treating physician includes a review of your entries in their patient evaluation, your journal may be considered objective evidence. Since insurance companies seek often objective evidence of your diagnosis, this may be crucial to strengthening your disability claim.
Make sure your doctor is familiar with fibromyalgia. Your regular treating doctor should understand fibromyalgia and how it affects your ability to function and how disabled you are. If the doctor is not experienced in diagnosing and treating the condition, as well as filling out monthly attending physician statements certifying disability, find a specialist who is.
A doctor who can properly identify and describe the restrictions and limitations caused by fibromyalgia is crucial to supporting your disability claim.
Gather supporting documentation.
You already have a pain journal, medical records from all treating providers and the results of your 18-point tender point test do you really need more documentation?
Metastatic Cancer Social Security Disability Claims
Metastatic Cancer is the term used to describe any type of cancer that has spread from one part of the body to another, often the lungs, bones or liver. The cancer spreads by breaking away from a tumor and traveling through the blood stream or lymph system. In most cases in which a person diagnosed with cancer and treated is later diagnosed with cancer for a second time, the person is experiencing metastatic cancer. While researchers are experimenting with new methods for fighting the spread of tumors and some forms of metastatic cancer can be cured currently, most cannot, according to the National Cancer Institute.
At Hermann Law Group, PLLC, we have represented many clients with metastatic cancer in claims for Social Security disability benefits and we understand the physical, emotional and financial pain that the disease can cause. If you are unable to work for one year or more due to metastatic cancer and have paid into the Social Security system, we can take one thing off your mind by assisting you in obtaining disability benefits. Contact our firm toll free at 877-773-3030 or visit our website for a consultation at no cost to you.
Unlike so-called claim representatives, we are licensed disability attorneys who can represent you in an administrative hearing as well as in an appeal before a federal court, if necessary. We are also skilled litigators: we understand how to present a claim in the most clear and convincing manner.
Provide Medical Evidence Of Your Disability
When completing your disability application in NY, you need to include medical evidence of your medical condition and disability status. The New York Disability Determination Services will complete an in-depth evaluation of your medical condition and disability. If there is insufficient evidence in your application to verify the severity of your medical condition, the NYDDS will arrange a consultative examination of your condition.
If you are unsure whether or not your condition qualifies for SSDI, call 855-468-7626 for a free consultation with a New York Social Security Disability Lawyer.
How A Lawyer From Our Firm May Handle Your Benefits Application Process
The SSA permits you to assign a representative who may:
- Correspond with the SSA on your behalf
- Access and collect your medical records for the purpose of applying for benefits
- Fill out paperwork on your behalf
- Accompany you to any interviews or hearings required to complete your application
If you choose to hire one of our lawyers for tasks related to your SSDI or SSI application, we can help ensure the accuracy of your application and lead any necessary appeals processes. At our firm, we handle all aspects of your claim, from filing to the appeals process so that you can focus on your health and well-being.
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How Does The Ssa Determine Disability
It is true that there is a list of serious impairments or conditions that is referred to by the SSA disability decision makers. The list is an important tool that the adjudicators have available but their decision is not based on whether or not your condition or impairment is on the list. A determination that you are disabled can be made only after an adjudicator has conducted an evaluation of your condition and determined that you meet the SSAs definition of disabled.
When you file an application for Social Security Disability, or SSDI, your file is assigned to a representative or adjudicator. This person examines the information included with your application. If necessary, additional information will be requested such as medical or employment records. Social Security disability adjudicators use a 5-step evaluation process to determine if you are disabled.
How Claims For Disability Due To Mental Illness Can Get Approved
To improve your chances of getting the SSA to approve your application, you should see your psychiatrist or psychologist regularly. Inform them how your condition affects you on a daily basis and take the medicine that they prescribe.
Even if the official disability listings does not include your mental illness, you could still be able to obtain disability benefits. More than likely, you will win on appeal. And only if you can prove you cant perform even the simplest, unskilled job due to your disorder.
Depending on the severity of your illness, your age, education, and skills, you could receive a medical-vocational allowance.
Working Part Time After Youre Approved For Benefits
After you start receiving benefits, the rules change a bit as to whether you can work part time. For Social Security disability insurance , technically the SGA limit still applies, but you have whats called a trial work period. This is a period of nine months during which you can more than the SGA limit. For more information, see our article on the trial work period.
If youre receiving SSI, the $1,310 SGA limit applies only during your first month of benefits. After that, the SSI income limit applies instead. Because of the way earned income is counted , there is no set SSI income limit for those who work part-time. But the more you earn, the lower your SSI payment will be. And when you start making upwards of $1,600, your SSI payment will be reduced to zero. To understand how this works, see our article on the SSI income limit.
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Work Credit Requirements In Ny
The number of work credits you earn in a given year is tied to the amount of your income. As of February 2020, one work credit is obtained for every $1,410 earned, up to a maximum of four credits per year. The general expectation is that a worker must have at least 20 credits prior to applying half of which were earned in the past 10 years to qualify for SSDI benefits. It is possible for younger workers to qualify with fewer credits.
The number of work credits you need to qualify for SSDI depends on your age at the time of disability. The older the applicant, the more work credits will be expected to have been obtained before applying. For example, a 60-year old applicant will need more work credits to qualify than someone in his or her late 20s.
Listing 600 Genitourinary Disorders
Genitourinary Disorder refers to a disorder that impacts your kidney function, urinary tract or your reproductive system. Typically you will need to be required to receive dialysis for your genitourinary condition to qualify to receive benefits and the SSA will evaluate your case based on your medical history, your renal function before dialysis, copies of your biopsies, a complete record of your therapy attempted and how the condition impairs your ability to work. Common conditions included in this category include Diabetic Nephropathy, Kidney Failure, and Kidney Cancers. View full Blue Book List here
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Is Your Medical Condition Listed In The Blue Book
If you suffer from a condition that the SSA has listed in the Blue Book, then your condition will be treated as a disability. If you meet all other requirements, then you should be eligible to receive disability benefits. The Blue Book has separate lists for adult and child medical conditions.
To qualify for benefits, your condition must meet certain criteria listed under the specific medical condition. The criteria can be highly technical. You should work with a doctor who understands the information which DDD will need to make a decision on your benefits claim. At Heller, Maas, Moro & Magill, Co., L.P.A., our attorneys can handle the collection of all medical evidence in your case.
The medical conditions listed in the adult Blue Book are divided into 14 categories:
- Musculoskeletal problems Everything from back injuries to a bone or joint deformity
- Sense and speech issues Vision loss, hearing impairment and the loss of speech
- Respiratory illnesses A range of respiratory disorders, from chronic but manageable conditions such as asthma to more severe conditions such as lung transplants and respiratory failure
- Cardiovascular conditions Serious conditions related to the heart such as heart failure, congenital heart disease and transplants
- Digestive system problems Conditions such as gastrointestinal hemorrhage, hepatic dysfunction, inflammatory bowel disease, short bowel syndrome and malnutrition all fall into this category
Consult Our Social Security Hackensack Nj Disability Attorneys
Many disabled workers unable to do their usual jobs for 12 months or more dont even bother to apply for disability benefits to help them through hard times because they do not understand that they still can do other jobs while receiving Social Security Disability benefits. The Social Security disability attorneys at Hermann Law Group LLP can help claimants with Social Security disability hearing tips so they understand the complex process and assist and represent them in navigating its full course. The Social Security Administration denies about 65 percent of all initial claims, but only a minority of claimants appeal from their denials. The rest seem to be so confused by the process or discouraged by the first denial that they give up in frustration. Our Social Security disability attorneys have 50 years of experience in helping and representing Social Security Disability claimants successfully. Call 877-773-3030 today to schedule a free case consultation.
Which States Offer Supplementary Disability Payment Programs
The majority of all disability payment programs are administered on the federal level, but there are five states that offer state-funded disability programs in addition to SSDI and SSI. Currently, those five states are California, Hawaii, New Jersey, New York and Rhode Island. They are intended to supplement, but not replace, federal disability payment programs.
Stroke Social Security Disability Cases
According to the Centers for Disease Control and Prevention, more than 140,000 people die from stroke in the U.S. each year. For the more than 600,000 more Americans who suffer a stroke each year, this medical emergency can be completely disabling. During a stroke, the flow of oxygen is cut off to a certain area of the brain, which causes brain cells to begin to die within minutes. Often linked to high blood pressure and cholesterol as well as smoking , a stroke can cause permanent or temporary paralysis, as well as walking, speaking, reasoning and vision problems.
A person who suffers a stroke may be eligible for Social Security disability benefits. The Social Security Administration generally provides benefits to individuals as well as their spouses and children who are unable to work for one year or more due to a physical or mental impairment or combination thereof. In order to be eligible for Social Security Disability Insurance , a person must have made sufficient payments into to Social Security system. Supplemental Security Income benefits, on the other hand, are available to disabled individuals with limited income and resources.
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Document Your Physical Symptoms
Long haul Covid-19 may present a vague set of symptoms, not unlike other conditions such as fibromyalgia or chronic fatigue that have also been approved for Social Security disability benefits.
However, these types of conditions are more difficult to prove because they generally cannot be diagnosed with one medical test.
“Those aren’t going to be awarded as quickly, because you need to see those over a period of time,” Geist said. “You need a longitudinal history there, and those can be more difficult to document.”
The best way to establish a record of your symptoms is to share them with your doctor and to have them document what is going on.
For example, if you have migraines, how long do they last? What does your recovery process look like?
Keeping track of those details will help if your application has to be considered by a judge, Geist said.
Social Security Disability Oklahoma
If you live in Oklahoma and cannot work due to mental or physical health conditions, you may be legally entitled to Social Security Disability benefits. Note that Social Security Disability benefits fall under two federal programs, which include Social Supplemental Income and Social Security Disability Insurance . These programs are responsible for some phases in the disability benefits process, including determining the SSI you are eligible for and whether you should get Medicaid.
Unfortunately, even individuals with qualifying disabilities often face various challenges when pursuing their disability benefits. Sometimes, they face unnecessary delays, and in the worst-case scenarios, their disability claims are denied. That means they must file an appeal and fight tirelessly for the disability benefits they are entitled to.
This is a challenging bureaucratic process, especially for patients who are still recovering from injuries or other severe health issues. The good news is that having an experienced lawyer by your side could boost your chances of submitting an accurate disability claim application on time and getting it approved. A knowledgeable disability lawyer can guide you through the entire process, fight for your rights, protect your interests, and probably make a difference in the outcome.
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Fibromyalgia And Your Social Security Disability Case
If you are diagnosed with Fibromyalgia, the battle is not over just because you have the diagnosis in hand. The Social Security Administration does not list Fibromyalgia as a qualifying condition in its listing of Social Security Disability impairments. Because of this, it is very common for an initial Social Security Disability claim to be denied when the application is based on a Fibromyalgia diagnosis. That does not, however, mean that you will not be able to successfully appeal the denial of your claim. Many people who have been denied at the initial stage based on a diagnosis of Fibromyalgia go on to appeal the decision and win.
If your Social Security Disability claim is based on Fibromyalgia along with another medical diagnosis, it will be much easier to have your claim approved than it will be if you are filing a claim based on Fibromyalgia alone. This is because many people do not understand Fibromyalgia and are unaware of the impact it can have on ones ability to work. Social Security examiners are no exception to this rule.
What Does The Ssa Consider For Cancers That Do Not Qualify For Compassionate Allowance
While the above conditions typically are automatically approved to receive benefits, there are many other types of cancers that will still qualify after the application is submitted. The SSA will look at how your cancer and treatment are impacting your ability to work and how well your cancer is responding to the treatment.
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Listing 1100 Neurological Disorders
When we hear the word Neurological we often think of the brain, however, in this category the disorder can occur anywhere in the nervous system. Disorders such as Parkinsons Disease, Multiple Sclerosis, ALS and other nerve-based diseases are common conditions that are approved for benefits by the SSA. This category also includes Epilepsy, Cerebral Palsy and Muscular Dystrophy and it will be evaluated on how severe the disorder is and how often it requires medical attention for treatment and management. View full Blue Book List here
Verifiable Medical Evidence Is Important
You must have verifiable medical evidence from reliable medical sources to prove the existence and severity of your asthma. Your subjective account of your condition is not enough to prove that you are disabled.
Verifiable medical evidence may include any of the following:
- X-rays or other radiological imaging.
- Lung function tests.
- ER records.
- Doctors office notes.
Although doctors office notes are acceptable as medical evidence, they must include specific information. Your treating physician must document the onset date of your condition and any verified attacks. Office notes should detail your symptoms from an objective medical viewpoint.
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Then How Does The Ssa Determine What Qualifies As A Disability
Confused? Dont worry. The underlying factor is always going to be whether or not you can work. This doesnt just mean applying for a job and staying there for a few months until your condition flares up and you need to be replaced. It means that you can sustain gainful employment for an extended period of time in a field that you are reasonably qualified for.
The SSA will make a determination as to your Residual Functional Capacity . For instance, paralysis may be a disorder the Blue Book has in its listings. But those who cant walk can still type or do other kinds of labor in spite of not having the use of their legs. If the individual had only minimal use of their arms and their legs, then they would likely not be able to find employment anywhere.
The SSA will work with a state agency known as the Disability Determination Services . The DDS will employ a medical consultant whose job it will be to determine what you can do. They will look at your medical records and your employment history. They will then determine how your disability has hampered your ability to sustain employment.
What if a doctor has disqualified you from doing manual labor? The RFC may find that you are able to sedentary work. But if your work history provides no evidence that you are qualified for such work, you still may be able to get disability.