We Have The Answers To Common Questions Regarding Social Security And Veterans’ Disability Benefits

As the term implies, “activities of daily living” are the things that you do every day. The Social Security Administration (SSA) is interested in everything you do in a typical day, everything you did in a typical day before getting hurt or sick, and everything you can no longer do because of your injury or illness.

Specific Activities of Daily Living the SSA Wants to Know About

The definition of activities of daily living described above is general. More specifically, the SSA is interested in whether you can do the following things independently:

• Take care of your personal hygiene. This includes things like showering and getting dressed.
• Shop. This includes things such as shopping for food, medicine, and clothes independently.
• Play. Your recreational activities are relevant to how well you function in your daily life.

You will be asked to complete an activities of daily living form with specific questions that will help the SSA understand how your injury or illness impacts your daily life. It may seem like this is an easy form to fill out, but it is important that you fill out the form completely. Typically, every pain, every bit of inconvenience, and every hardship should be noted for each activity.

You do not have to fill out this form on your own. Instead, you have the right to work with an experienced Social Security disability attorney to make sure you fill it out correctly and so that you understand the impact of your answers on your Social Security disability claim. To learn more, please fill out our online contact form today and one of our Texas Social Security disability lawyers will contact you directly.

No. Your eligibility for Social Security disability benefits is totally independent of whether you were hurt on the job. It is Texas workers’ compensation benefits—not Social Security disability benefits—that are related to whether or not you were hurt at work.

In order to be eligible for Social Security disability, your injury or illness must result in a permanent disability that is expected to last for 12 months or more or to result in death and leave you unable to work. In most cases, how you became injured or sick is irrelevant.

But What You’ve Paid Into the Social Security System Does Matter

It does not matter whether your injury or illness occurred on the job or because of your job duties, but what you’ve paid into the Social Security system is relevant to your eligibility. In order to be eligible for Social Security disability, you must have earned enough work credits to qualify for benefits. You can earn up to four work credits a year, but you may earn less depending on your income.

Currently, you will have earned enough work credits to qualify for Social Security disability if:

• You are 23 years old or younger and you have earned at least six work credits in the past three years.
• You are 24-31 years old and you have enough work credits to cover at least half the time between turning age 21 and the time you are applying for benefits.
• You are between 31-61 years old and you have earned at least 20 work credits in the last decade.

Some exceptions and special rules, however, may apply. Thus, whether or not you were hurt on the job you should find out more about the Social Security disability rules and about how to protect your rights. Please start a live chat with us now to learn more.

No. Social Security disability is a legal determination, not a medical or psychological determination. Thus, while you play an important role in helping your client who is disabled, your determination alone will not guarantee that your client is eligible for Social Security disability benefits.

Why Not?

You may be able to determine that your client is unable to work because of a mental condition. However, in order to qualify for Social Security disability, the office of Disability Determination Services (DDS) is going to have to find that your client:

• Worked and paid into the Social Security system for the amount of time required in order to be eligible for benefits.
• Will be disabled for at least 12 months or has a condition that is likely to result in death.
• Is unable to work in any kind of job.

DDS will consider your client’s medical records, including any records that you have, and other things such as your client’s past work experience, age, and education.

You Still Play an Important Role in the Social Security Disability Application Process

It can be frustrating to know that your client is permanently disabled and still has to go through the Social Security disability application process. However, it is inevitable and there are things you can do to make the process easier for your client. Specifically, you can encourage your client to work with an experienced Texas Social Security disability lawyer, you can provide requested documentation, and you can provide important support for your client during this difficult time.

The Social Security Administration (SSA) has a clear policy on this. It is the responsibility of Disability Determination Services (DDS) to provide a free and qualified interpreter for your friend.

Not Just Anyone Can Be an Intepreter

The SSA defines a qualified interpreter as someone who:

• Speaks, reads, and writes English and the language of the applicant proficiently.
• Provides accurate interpretation for the applicant and DDS staff. No questions should be initiated by the interpreter and the interpreter should not infer facts or questions that are not presented by DDS staff or the applicant.
• Is familiar with terminology used in the disability determination process. This includes medical terminology, as relevant.
• Is willing to comply with the SSA’s disclosure and confidentiality requirements.
• Does not have a personal stake in the outcome of the case that would cause a conflict of interest.

An applicant may choose to provide his own interpreter so long as the above requirements are met.

Language Should Not Be a Barrier to Social Security Disability Benefits

Either DDS staff or the applicant may request an interpreter. The SSA recognizes that interpreters are important to both the SSA and the applicant in the Social Security disability process so that an accurate and fair determination can be made. Thus, an applicant should not hesitate to seek an interpreter when necessary and should not fail to file an application if he doesn’t have an interpreter identified.

If your friend speaks Spanish, please invite him to read the Spanish version of our website. Otherwise, please inform your friend of his rights, encourage him to request an interpreter, and invite him to contact us for further information.

The Social Security Administration (SSA) doesn’t care how you got hurt—as long as you were not the one committing the crime. You may not qualify for Social Security disability if you were hurt while committing a crime, but you may be able to qualify if you were hurt while someone else was committing crime.

Some Attack Injuries Create Lifelong Disabilities

In order to qualify for Social Security disability, you are going to have to prove that your disability is permanent and that you can’t work because of it. These kind of injuries may occur in a criminal attack if you are left with a:

• Traumatic brain injury
• Spinal cord injury
• Amputation injury
• Other serious, disabling injury

If you are unable to work or if your condition is likely to result in death, if you have paid enough into the Social Security system, and if you are not yet of retirement age, the SSA may find you eligible for Social Security disability even if a criminal caused your injury.

Social Security disability benefits may help you make ends meet if you cannot work and may be received even if the state of Texas pursues a criminal case against the person who left you hurt or you pursue a civil case for personal injury damages.

To learn more about Social Security disability benefits and how they may help you after you become disabled in a criminal attack, please read our FREE book, Social Security Disability What You Need to Know, and please start a live chat with us today.

Professional relations officers are part of the Social Security disability program. In Texas, professional relations officers are available through the Texas Department of Assistive and Rehabilitative Services Disability Determination Services (DDS) in Austin.

What Professional Relations Officers Do

It is the job of a Social Security disability professional relations officer to:

• Provide informational presentations to doctors and medical professionals in the community. These presentations include facts about the medical information the Social Security Administration (SSA) needs, when the SSA needs it, and why accurate and complete information is important. The presentations also include information about how reports from doctors and other health professionals are used by the SSA in determining Social Security disability eligibility.
• Recruit and train doctors, psychologists, and other healthcare professionals to become consultative exam providers. They can also answer individual questions about performing consultative exams or conducting disability reviews for DDS.
• Help medical providers use Social Security’s Electronic Records Express for sending records related to disability claims.

Thus, it is the responsibility of the professional relations officers to support the medical community and not necessarily an individual Social Security disability applicant.

How to Contact One in Texas

You can contact the Texas DDS directly at 800-252-9627 if you would like to get in touch with a professional relations officer.

If you think an individual Social Security disability applicant or recipient needs help, however, a professional relations officer may not be the right call for you to make. Instead, that individual may benefit from the assistance of an experienced Texas Social Security disability attorney. Please share our website with that individual or encourage that person to contact us directly at (214) 373-3761 for more information.

The Social Security Administration (SSA) will consider your past work experience and your ability to work in the same job or another job when it decides whether or not you are disabled. However, if you can still do the kind of work you did before you became disabled, the SSA will not consider whether or not you can get a job when it is deciding whether or not you are disabled.

The following factors are not relevant to your Social Security disability eligibility determination and will not be considered when deciding whether or not you should receive Social Security disability benefits if it is determined that you can still do the same kind of work that you used to do. Specifically, the SSA will not consider whether:

• You will be hired
• A job opening exists
• You would be required to move. For example, if you live in Richardson, the SSA will not consider whether you would have to move to a different part of Texas or a different state in order to keep working in the same kind of job.
• You want to do the work
• You still have the necessary licensure, certificate, or other credentials to do the work

However, if you cannot do the same kind of work that you did prior to becoming disabled, the SSA may consider what other jobs you can do and may consider the prevalence of those jobs in the national economy when deciding whether or not you should receive Social Security disability.

If you have any questions about how your work experience and ability to continue working impact your Social Security disability application, please start a live chat with us today so we can get your questions answered.

Yes, you can apply for social security disability while you’re in a rehab facility. The Social Security Administration (SSA) does not have any restriction on where you are living at the time you file for Social Security disability benefits, and you may file for Social Security disability while you are in a rehabilitation facility.

That said, your concern is likely that you are in a rehabilitation facility in order to make continued medical improvements. It is important that you continue your treatment and improve to the maximum extent possible. If, according to your doctors, you are likely to recover enough that you can go back to work and your daily activities, you may not be eligible for Social Security disability and an application may not be worth your time.

However, Rehab Won’t Always Allow You to Fully Recover

Instead, while you may be making some progress in rehabilitation therapy, if your prognosis remains the same, you may be considered permanently disabled. The following conditions may qualify you for benefits:

• Your condition is expected to last at least 12 months or result in death.
• Your condition prevents you from working or engaging in substantial gainful activity.
• You have paid enough into the Social Security system to qualify for Social Security disability benefits.

If you believe that you will continue to be eligible for Social Security disability after your rehabilitation therapy is completed, you can apply for benefits at any time—even while you are still in rehab.

For more information about the Social Security disability application process and for help getting started with your own application, please start a live chat with us today.

It can be frustrating to hear your doctor tell you that you are not disabled when you are physically unable to go to work. The Social Security Administration (SSA) looks closely at doctors’ determinations when it considers an applicant’s eligibility. Thus, you are right to be concerned about your doctor’s disability determination.

There Are Steps You Can Take to Protect Your Rights

In order to qualify for Social Security disability benefits, you will need to prove that you are permanently disabled. If your doctor tells you that you are not permanently disabled and you disagree with your doctor’s opinion, then it is important to:

• Ask your doctor to provide more specific information. It isn’t just your doctor’s conclusion that matters, but also the specific information documented in your medical record. Accordingly, it is important that all of your symptoms, the impact of those symptoms on your daily life, the treatments you have tried, and your prognosis are included in your medical chart.
• Get a second opinion. You have the right to talk to another doctor about your condition and to ask that doctor to also document your symptoms, the impact of those symptoms on your life and ability to work, and your prognosis. In some cases a second opinion may come from the same kind of doctor you had been seeing and in other cases you may choose to see a specialist.

Additionally, it is important to talk to an experienced Social Security disability lawyer as soon as possible to discuss your potential eligibility and to begin the Social Security disability application process, if appropriate. For more information, please start a live chat with us today.

You may be eligible for Social Security disability if you are blind and you have a job; however, special rules apply that are relevant to your eligibility. These rules are known as work incentives.

The Social Security Administration (SSA) has work incentives in place for people with all kinds of disabilities, including low vision or blindness. Work incentives allow a Social Security disability applicant to earn a certain amount of money monthly and still receive Social Security disability benefits. The SSA defines work incentives in two ways: (1) for people with disabilities who are not blind; and (2) for people who are blind. The amount that a person can earn and still remain eligible for Social Security disability changes annually. In 2015, a person who is blind may earn up to $1,820 a month and remain eligible for Social Security disability and a person who is disabled, but not blind, may only earn up to $1,090 a month and remain eligible for Social Security disability.

Special Rules Apply If You Are 55 or Older

If you are blind, you are 55 or older, and you are doing a job that requires a lower skill or ability than the job you did before you reached age 55, your Social Security disability benefits will not end even if you earn more than $1,820 a month. Instead, your disability benefits will be suspended for any month that you exceed $1,820 in income and will be available to you again for any month that you do not earn at least $1,820.

Both your work and your Social Security disability benefits may be important to you. Accordingly, it is important to understand the law and to protect your rights. For more information about that, please call us today at (214) 373-3761.