Articles Posted in Social Security

While receiving disability benefits can greatly improve the lives of Pennsylvania individuals who are unable to work, applying for these federal benefits can be a challenge.  Understanding the necessary documentation and requirements can help the process of securing benefits.  Pennsylvania Social Security Disability lawyers can provide guidance through the application steps and help individuals understand whether they qualify for benefits.

disabled Social Security
First, when determining disability qualifications, it can be helpful to rely on the Blue Book, which is a publication entitled Disability Evaluation under Social Security.  This book gives detailed descriptions of conditions and disabilities that qualify individuals for benefits.  It contains an overview of Social Security programs and explains the requirements of both Social Security Disability Insurance and Supplemental Security Income.

Additionally, the Blue Book lists acceptable sources of medical information and makes clear that medical evidence from professional health care workers is likely considered the most accurate. As the final section of the Blue Book, the listing of impairments includes disease groups, further broken into sub-points.

In order to secure Social Security disability benefits, the Social Security Administration requires that applicants show they are disabled, based on the Administration’s definition of “disability.” In earlier blog posts, we have written about the importance of meeting all of the criteria in order to successfully secure benefits.  The disability requirement essentially rests on demonstrating an inability to engage in work, or gainful activity, for at least 12 months. In addition to making clear that a physical or mental disability hinders an ability to work, the duration requirement must be met.
resume
Next, it must be determined that claimants qualify for Social Security programs.  There are different requirements depending on whether individuals seek Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Pennsylvania Social Security attorneys can help claimants file for Social Security disability benefits. Generally, applicants will be required to present a strong work history. The work history report is a form, available online through the Social Security Administration website. While it is more difficult to apply for Social Security disability benefits if you do not present a strong work history, it is not impossible. In essence, it may be more difficult to prove what you have earned and show that you qualify for Social Security benefits.

Generally, for the work requirement, individuals must have worked one “quarter” each year over the past decade.  The requirement is a sliding scale. For those workers who are not yet old enough to have worked 10 years, or who are nearing retirement, the requirement is lessened. To calculate the duration you have worked in terms of quarters, individuals receive credits that count toward their benefit coverage.

Continue reading

When suffering from a medical condition that renders you disabled and unable to work, you may be eligible for Social Security Disability benefits or monthly Supplemental Security Income benefits.  Individuals with the conditions of Irritable Bowel Syndrome (IBS), Colitis, and Crohn’s Disease may be entitled to Social Security Disability benefits.   Ensuring that a case for benefits is properly presented may require the assistance of a skilled attorney who understands Social Security rules and regulations.  To receive Social Security Disability benefits, you must be deemed disabled –  not capable of engaging in substantial gainful employment.  Medical evidence is necessary to support a successful claim for benefits, and understanding how to set forth a strong claim can help ensure a successful conclusion.

stethoscope

Disorders that may be considered in the digestive system include IBS, as well as other diseases and syndromes.  In order to prove a disability, medical evidence is typically presented by the claimant. The first step in presenting a strong case for disability benefits is to receive treatment from specialists skilled in treating the condition.  Treatment with a specialist is important for any condition that is considered severe and disabling.  For individuals suffering from gastrointestinal conditions, a gastroenterologist would be the specialist most likely seen, and testing may include x-rays, CT scans, blood work, and other laboratory testing.  Invasive diagnostic tools, such as a colonoscopy and an endoscopy, may be required to assess the cause of the condition.

Continue reading

Substance abuse can affect a claim for Social Security benefits, making it difficult for disabled individuals in Pennsylvania to secure the benefits to which they might be entitled by law.  In some circumstances, those suffering from a disability may be abusing prescription medications or alcohol.  Pennsylvania Social Security Disability attorneys can help strengthen claims for benefits by ensuring that all rules and regulations are met and that a disability is unrelated to the impact of this abuse or addiction.  Understanding the impact of substance abuse and the importance of abiding by prescribed medications is important to a successful disability claim.

pills
The Social Security Administration makes clear in their Code of Federal Regulations that in order to receive benefits for a disability, claimants must abide by their physician’s prescribed treatment.  Section 404.1530 lists exceptions, which are acceptable reasons for failing to abide by treatment.  These reasons include situations in which the treatment is large in scope or risky.

Another component of receiving disability benefits is making sure that drug addiction or alcoholism is not a contributing factor that is material to the determination of disability.  Substance Use Disorders, as termed by the Social Security Administration, are evaluated to determine whether claimants have “drug addiction and alcoholism” that contributes to their disability.  When a claimant is addicted to drugs or alcohol, they will not be considered disabled if this addiction is a contributing factor to the determination that they are disabled.  Essentially, the question is whether the drug or alcohol addiction is the material disability, or whether another impairment is responsible for the disability.

Receiving treatment for symptoms that have rendered you unable to work is critical to a successful Social Security claim. When evaluating a potential disability, the first step is to examine whether there is a medically determinable impairment that can be expected to cause the symptoms at issue.

headache

The Social Security Administration has set forth their methods of evaluating symptoms and what they consider a symptom. In detail, this Social Security Ruling states what will be considered a symptom of an impairment, regardless of whether it is pain, dizziness, fatigue, or another symptom. An individual’s statements are not enough to establish a physical or mental impairment or a disability.

Continue reading

Individuals suffering from medical conditions that prevent them from working are encouraged to apply for Social Security, since the law requires the Administration to consider the combined effects of these conditions when determining eligibility.  Federal law mandates that Social Security take into consideration the combined effects of impairments when they make headachea decision about whether an individual qualifies for benefits. Applicants are encouraged to list all of their medical conditions, including minor ones, when applying for disability.

As the Social Security Administration completes its five-step evaluation process, they will look at the combined effects of your medical problem. In some cases, the combined effects of mental, emotional, or physical impairments may be disabling, even if the separate conditions may not be.  The critical element for Pennsylvania residents applying for Social Security is to communicate to their medical care providers all of their symptoms.  This allows for a complete record before the SSA.

According to the law, the first step is to determine whether an individual can engage in substantial gainful activity. If so, the individual will be deemed capable of work and not disabled. The second step in the evaluation process focuses on assessing impairments that may affect the ability to work.  Severe impairments substantially interfere with the ability to perform work-related tasks, both physical and mental.  These can include walking, bending, lifting, following directions, and communicating with supervisors and co-workers. Non-severe impairments are those that are not disabling on their own but can exacerbate symptoms of other conditions that may lead to a determination of disability.

Continue reading

Social Security Disability benefits exist for individuals with severe heart conditions that prevent them from working.  Congestive heart failure, recurrent arrhythmias, and coronary artery diseases are examples of some conditions that may qualify an individual for benefits, under the “Blue Book” Listings of Impairments.  The Blue Book is officially called “Disability Evaluation Under Social Security.” Criteria listed in the Blue Book will entitle claimants suffering from that disabling condition to Social Security Disability benefits. When individuals suffer from a condition specifically patientlisted in the Blue Book, this inclusion does not guarantee they will be approved for benefits. However, it does demonstrate that the individual has suffered a disabling condition for a period of time that qualifies the individual for consideration by the Social Security Administration.

Heart conditions listed in the Blue Book are found in Section 4.00, described as disorders that affect the proper functioning of the heart or the circulatory system.  These impairments may be congenital or acquired, and the listings describe cardiovascular impairments based on symptoms, laboratory findings, and functional limitations.

Continue reading

Family members of a disabled worker who is eligible for Social Security disability benefits may themselves be eligible for family benefits. These benefits are paid to certain family members who demonstrate a financial dependence on a disabled worker.  Family benefits apply to disabled workers collectihandsng Social Security disability insurance (SSDI) but not Supplemental Security Income (SSI). The definition of disability under Social Security differs from other programs because benefits are payable for total disability, meaning that a worker is unable to work. This means they cannot perform work they did before, they cannot adjust to other work due to a medical condition, and this disability is expected to last at least one year.

Each member of the family who is eligible for a monthly Social Security benefit may receive up to 50% of the monthly disability benefit paid to the disabled worker. Factors that affect the amount paid to each family member include whether the member is a minor child, a disabled adult child, a retirement-aged spouse, or a young parent caring for disabled children.

There is a limit to the total amount of money that can be paid to a family on one Social Security record. The total amount, called the Maximum Family Benefit, depends on the benefits amount paid to the disabled worker and the number of family members who also qualify on the same record. Generally, the total amount that a family can receive is approximately 150% to 180% of the primary worker’s disability benefit.

Continue reading

Is it possible to work and receive Social Security disability payments? Some individuals who receive Social Security disability benefits or Supplemental Security Income (SSI) are anxious that if they work, it will affect their monthly benefits.  Social Security maintains rules directed to help people continue to receive monthly payments while trying to return to part-time or full-time work.  It can help to be familiar with these rules before job-hunting to make sure you do not jeopardize disability payments.  Since it is such a frequently asked question, Social Security maintains an answer to the question of whether returning to work will affect benefits.

elderly people

Social Security and SSI have different rules regarding “work incentives,” which allow individuals to try working and see how they fare.

Trial Work Period and Extended Period of Eligibility

A Trial Work Period is a period of time (nine months over a 60-month period) during which you can receive full Social Security benefits.  You are required to report your work to the Social Security Administration.  If you earn over $810, or if you are self-employed and earn more than $810 or worked over 80 hours a month, you are considered to have a trial work month.

Continue reading

Disabled Pennsylvania residents who apply for Social Security Disability Income (SSDI) or monthly Supplemental Security Income (SSI) may be initially turned down for benefits by the Social Security Administration.  In fappeal paperworkact, many applications are initially denied. All applicants have a right to appeal Social Security decisions based on their eligibility for Social Security benefits or eligibility for Supplemental Security Income (SSI) payments.

The process for appealing a decision is set forth by the Social Security Administration. First, if the Administration has determined that you do not meet the requirements for Social Security or for SSI, or that you are being overpaid, you can request a review of the decision. There are different levels of appeals, including reconsideration, hearing by an Administrative Law Judge (ALJ), review by the Appeals Council, and federal court review.

Continue reading