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

The Social Security Administration (SSA) offers an extended period of eligibility that could help you if you have received Social Security disability benefits and then go back to work. During the extended period of eligibility, you may be able to collect your Social Security disability income in a given month if your income is less than the amount that the SSA has established for the substantial gainful activity (SGA). In 2017, the SGA was $1,170 per month for Social Security disability recipients who did not qualify on the basis of blindness. Social Security disability recipients who are blind can earn up to $1,950 month according to the 2017 SGA guidelines.

Do You Qualify?

The extended period of eligibility does not go on forever. Instead, you may qualify for Social Security disability benefits pursuant to the extended period of eligibility in any of the 36 consecutive months after your trial work period ends. Benefits are determined on a month-to-month basis depending on whether you were able to earn the SGA in that month.

After the extended period of eligibility (or even during that time), you may be able to apply for expedited reinstatement of your Social Security disability benefits if you meet the requirements outlined by the SSA. An expedited reinstatement of benefits may allow you to start receiving benefits again without filing a new application. Additionally, the SSA can provide you temporary benefits for up to six months while the agency decides on your expedited reinstatement request.

Don’t Be Afraid to Try Going Back to Work

Instead, understand your legal options if, at some point in the future, you are unable to work again due to your disability. To learn more tips about protecting your Social Security disability income, watch our free videos and peruse our extensive library of articles.

It can be frustrating to have a serious brain disorder such as epilepsy and to have your application for Social Security disability benefits denied. Before you decide what to do next, however, it is important to understand why your application was denied and whether you have a good chance of having that decision reversed should you apply for reconsideration or appeal.

Five Things to Consider Before Deciding Whether You Should Appeal

As you decide what to do next, think about whether you provided the Social Security Administration all of the information that it needed to make an accurate determination, such as:

• Complete medical records including your doctor’s diagnosis, a description of your seizures, the results of an EEG, and your treatment history that includes the specific medications that you have taken and the dates that you have taken them.
• Evidence that you have taken the medication as prescribed. This may include blood tests to confirm that you’ve taken the prescription drugs and other information that documents that you took the medication according to your doctor’s instructions and stayed away from alcohol and drugs while on the medication.
• Descriptions of your seizures from third party witnesses who may have seen them.
• Information about your work history.
• Complete biographical information as required on the SSA’s Social Security disability application.

If any of this information was missing or incorrect when you first filed for Social Security disability, you should consider an appeal.

Don’t Appeal Alone

You have the right to work with a Social Security disability lawyer when submitting an initial application or when appealing a denial of benefits. For more information on your rights and on protecting your right to appeal, please read our FREE report, Social Security Disability: What You Need to Know or contact us using our live chat to discuss your specific situation.

While there is no list of medical conditions that automatically excludes an individual from obtaining Social Security disability benefits, the eligibility criteria may have the effect of excluding certain illnesses and injuries.

In order to qualify for Social Security disability benefits, your condition has to be severe enough that you can’t do any work, and it has to be expected to last for at least one year or result in death. This definition necessarily excludes:

• Temporary disabilities. Broken bones that will heal in a matter of weeks or months, for example, will not make you eligible for Social Security disability benefits.
• Minor illnesses. The flu, a cold, or an infection that has you out of work for several weeks or even months can have a significant impact on your family’s finances, but a minor illness will not qualify you for Social Security disability benefits.

For other conditions, if you can prove that you are eligible for Social Security disability benefits, you can recover such benefits. For the best chance at obtaining benefits for your disability, you need to make sure that your application is complete and filed according to the guidelines established by the Social Security Administration. An experienced Social Security disability attorney can help with that—making sure your application contains the right medical evidence and details how your disability affects your daily life and ability to work.

Are you ready to learn more? Download your free copy of our helpful guide, Social Security Disability: What You Need to Know, or start an online chat with us at any time of the day or night.

Disability Determination Services (DDS) is part of the Texas Department of Assistive and Rehabilitative Services. While you did not file your Social Security disability claim with DDS, it may play a significant role in the outcome of your Social Security disability claim.

Here’s Why

DDS is a state office, but it is funded by the Social Security Administration (SSA). The Texas office is charged with making determinations about Social Security disability claims for Texans who make such claims with the SSA. DDS receives Social Security disability applications that individuals file with the SSA, assesses the disability claims, and approves or denies the claims. Once DDS has made a decision, the office returns the applications to the SSA, which makes the final decision regarding disability.

What This Means to You

It is important to understand who is involved in deciding your Social Security disability claim. However, this information does not change how you apply for benefits; you should still submit your application directly to the Social Security Administration. If you have questions about the status of your claim, you or your attorney may need to contact DDS during the review process.

The process is the same for all Texans, whether you live in Fort Worth, North Richard Hills, or another city or town in the state. If you have any questions about this process or need help with the Social Security disability claims process, please fill out our online contact form or start an online chat with us today.

The Blue Book contains a list of impairments and the accompanying criteria that the Social Security Administration (SSA) uses to determine whether an applicant is disabled for the purposes of obtaining Social Security disability benefits. While many diseases, illnesses, and injuries are included in the Blue Book, the SSA recognizes that it would be impossible to include every potentially disabling illness or condition. Therefore, you may be able to obtain Social Security disability benefits even if your medical condition or injury is not specifically listed in the Blue Book.

When Your Condition Isn’t Listed

If your condition is not included in the Blue Book, you need to make sure that you can convince the SSA that you meet the Social Security disability eligibility criteria. In other words, you need to establish the following:

• You have a medical condition or illness that has been diagnosed by a doctor and that is expected to last for more than one year or result in your death.
• Your medical condition or illness prevents you from doing work of any kind.
• You have paid into the Social Security system and are now eligible for Social Security disability benefits.

You don’t have to do this alone. Instead, you have the right to work with a Social Security disability lawyer to get the benefits that you deserve if you suffer from a disabling condition in Duncanville, Cedar Hill, or elsewhere in the Dallas or Houston area. To learn more, please complete our online contact form or call us directly to schedule a free consultation.

The answer is maybe. Your eligibility will depend on how your heart attack has impacted your life, whether you have medical clearance to work, and whether your disability and inability to work is considered long term or permanent.

Proving That You Are Eligible

In order to establish that you are eligible for Social Security disability benefits, you must prove to the Social Security Administration (SSA) that:

• You have a medical condition that is expected to last one year or more or to result in death
• The medical condition prevents you from working
• You have satisfied the earnings requirement to obtain Social Security disability benefit payments

If you fail to prove one or more of the elements described above, you should expect the SSA to deny your Social Security disability claim. Then, you will need to determine whether your claim was denied because you are ineligible for benefits or whether your application contained an error. If you are eligible for benefits, but your application didn’t contain enough information to convince the SSA that you are unable to work, you may be a good candidate to successfully appeal the decision.

It Could Be Worth the Fight

It isn’t easy to establish your eligibility for Social Security disability benefits. The SSA denies approximately two out of every three new applicants. However, if you believe that you are eligible for Social Security disability because of your heart condition, it is worth fighting for your fair benefits.

To learn more about how to do that, please read our FREE Social Security Disability Fact Sheet or start a live chat with us at any time.

No. It is, quite simply, not your doctor’s job to apply for Social Security disability benefits on your behalf—even if he has determined that you are disabled. Social Security disability applications are complicated, and the Social Security Administration (SSA) requires that each application be completed in full and with no errors. It is not as simple as a doctor saying that you have a spinal cord injury and are being treated in Fort Worth or you have cancer and are being treated at Texas Medical Center in Houston.

Just Because the Doctor Can’t Do it For You Doesn’t Mean You Have to Do It Alone

If you are thinking about filing a Social Security disability claim, you are completely disabled, you are unable to work, and you may be facing your own mortality. The last thing that you want to do is to spend your time navigating the application process. Fortunately, you do not have to do this on your own. You have the right to consult with and hire a Social Security disability lawyer who has experience filing successful Social Security disability claims. Your attorney can submit the application for you, making sure that the SSA has all of the information that it needs to make a timely determination about your claim, while you concentrate on your health.

Want to Know More About Your Rights?

Please read our FREE report, Social Security Disability: What You Need to Know, and start a free, online chat with us to get your specific questions answered.

As someone with a terminal illness, you face many important decisions that will impact the rest of your life and your family’s future. As you continue to get treatment at the MD Cancer Center in Sugar Land or palliative care at the Baylor University Medical Center at Dallas, it is important that you also consider whether you qualify for Social Security disability benefits.

Why This Matters Now

If your condition is terminal, you are unable to work, and you qualify for Social Security disability benefits, it is important to protect your potential recovery of these benefits. If you don’t, you could:

• Have difficulty paying your bills for the rest of your life
• Require your family members to work harder to make up for your lost income
• Place a lasting financial burden on your family if assets and savings have to be used to make up for your lost income

These consequences are not inevitable, however. Instead of adding financial pressure to what is already a very difficult time for your family, you can apply for the benefits that you’ve worked hard to earn.

And You Don’t Need to Do it Alone

Your focus should be on your health and your family. You do not need the additional stress of navigating the Social Security disability application process. Instead, you can turn your case over to our experienced attorneys, who are dedicated to helping you obtain the benefits you deserve.

To learn more, please read our testimonials to see what past clients have to say about our services. And when you are ready, contact us directly to schedule a complimentary case consultation with our experienced, compassionate legal team.

As anyone who has filed a disability claim in the past understands, the Social Security Administration may ask for an extensive amount of information before approving you for benefits. This is especially true for conditions such as mental illness, where there is not always a clear, objective test to verify the extent to which the condition exists. In addition to your medical records, disability application forms, and activities of daily living questionnaire, you may also be asked to submit to a consultative exam and provide access to the opinions of people in your life.

Consultative Exam

In some cases, the disability determination agency assigned to your case may determine that it needs more information in order to make a decision about your disability benefits claim. When this happens, the claims examiner will request that you to submit to a consultative exam. This typically means that your own treating doctor, such as a psychiatrist at the Medical Center of Plano, will perform the examination. Alternatively, the Social Security Administration may refer you to a psychiatrist for the exam.

Statements From Third Parties

In addition to the possibility of a consultative exam, the Social Security Administration may also seek the input of third parties in order to make a determination regarding your impairment and resulting disability benefits. Some of the people that may be contacted to speak about your mental illness and how it impacts your ability to function include the following:

1. Social workers
2. Former employers
3. Friends and family
4. Teachers
5. Probation officers

While the application process for disability benefits can be daunting, you do not have to navigate it alone. An excellent first step is to read our free Social Security Disability Fact Sheet. In addition to helpful facts about the application process, this guide will also provide you with helpful tips to improve your chances for having your application approved. And if you would like to discuss the specific details of your case, please contact our office by phone or using our online contact form.

If you suffer from chronic obstructive pulmonary disease, also known as COPD, you know how difficult it can be to work. When breathing is impaired, working at your job at Lockheed Martin in Fort Worth, Texas, may be next to impossible. Fortunately, the Social Security Administration recognizes COPD as a disability and will grant benefits to some applicants. If you do not qualify based on the criteria for the listing for this condition, you can still qualify if you are able to demonstrate that COPD makes it so that you cannot work to earn a living.

Qualifying for Disability Benefits

To determine whether you might be eligible for benefits even though you do not meet the criteria under the listing for COPD, ask yourself the following questions:

1. Does your COPD reduce your ability to breathe?
2. Does your reduction in ability to breathe make it so that you cannot carry out the functions of any type of job?
3. Does your reduced breathing capacity make it so that there are no jobs that you know how to do, given your age, education, and experience level?

If the answer is yes, you may qualify for disability benefits based on your reduced capacity for work caused by COPD. Your next steps should be as follows:

1. Contact your health care provider.
2. Ask your doctor to provide the Social Security Administration with a medical opinion as to what kinds of activities you can and cannot do. For example, if you cannot be exposed to dust or fumes, your doctor should state that in his opinion.
3. Submit to a residual functional capacity assessment when instructed by the Social Security Administration to do so. This analysis uses your test results and your doctor’s stated restrictions to determine what types of activities you are capable of performing, ranging from sedentary work to heavy work.

Depending on the results of the residual functional capacity assessment, the Social Security Administration may determine that you are unable to work and approve your request for benefits.

If you would like to learn more about how you might be able to qualify for Social Security disability benefits, we strongly encourage you to contact us today. We have been helping clients just like you for many years. Learn about it yourself by reading the many client testimonials on our website!