Not every victim of a sexual assault will qualify for Social Security disability. It is possible to be significantly injured and emotionally traumatized by the assault and still not be eligible for benefits. This is because Social Security disability is only an option for people whose disability is expected to last for more than 12 months or to result in death.
Some Sexual Assault Victims May Be Eligible for Social Security Disability
In order to prove your eligibility to the Social Security Administration (SSA) you will need to prove that: (1) you meet the requirements of a listing in the SSA’s Listing of Impairments; (2) your injury has the same effect on your life as one of the listings; or (3) you are unable to work.
You may meet one of these eligibility requirements if you satisfy the criteria for:
- An anxiety-related disorder as described in Section 12.06 of the Listing of Impairments
- A musculoskeletal disorder as described in Section 1.00 of the Listing of Impairments
- Any other specific listing in the listing of impairments
The Social Security disability application process may seem intimidating. You may not know what to do or you may be reluctant to share personal information with the SSA. However, your efforts may be important and may help you significantly if you are unable to work due to the physical or emotional impacts of your sexual assault.
Accordingly, if you would like to learn more about your rights, we encourage you to fill out our online contact form today to schedule a confidential meeting about your rights and to discuss whether Social Security disability may be an option for you.
No, you should pursue a claim with both the private disability insurance company and the Social Security Administration in most cases. To understand why, please consider how both the Social Security Administration and the private disability insurance company handle this type of situation.
How the Social Security Administration Will Consider Private Disability Insurance
The Social Security Administration (SSA) will not consider any private disability insurance benefits that you receive, or may receive, when deciding whether you are eligible for Social Security disability. The Social Security disability system is not needs based. In other words, your financial needs are irrelevant to your application and, regardless of your income from other insurers, you may be able to recover Social Security disability benefits if you qualify for such benefits.
How Private Disability Insurance Will Consider Social Security Disability
However, you should check the terms of your private disability insurance to determine exactly how the private disability insurer will account for Social Security disability. Some disability insurance policies require people to apply for Social Security disability benefits and may deduct the amount received in Social Security disability benefits from the amount paid by the insurance company. Of course, even if this is true, you are still getting more in disability benefits than you would from Social Security disability alone.
Accordingly, it is important to read the terms of your disability insurance policy carefully and to take the steps that allow you to recover the greatest amount possible in disability benefits. If you have any questions or would like to learn more about applying for Social Security disability, we invite you to start a live chat with us today.
No. You will not have to sell anything in order to qualify for Social Security disability benefits. Your financial situation is irrelevant to the Social Security Administration’s (SSA) review of your application because Social Security disability is not a needs-based program.
Whether you live in a multi-million dollar property, in Section 8 housing, or something in between is of no concern to the SSA. You will not be asked to downsize your home or your financial assets.
What, Then, Does Matter to the SSA?
The SSA may not be concerned about your financial situation, but it is very concerned about your health. In order to qualify for Social Security disability benefits you must prove that you are unable to work because of your physical condition and that you will be unable to work for at least twelve months or that your condition will result in death. You may be able to do this by showing that your medical condition is included in the Listing of Impairments, by proving that your medical condition is equal in severity to a condition included in the Listing of Impairments, or by proving that you are unable to work. You should expect to supply the SSA with supporting medical documentation and a complete application.
Get Social Security and Stay in Your Own Home
You should not—and do not—have to decide between the disability benefits that you’ve earned and staying in your own home. Instead, learn what Social Security disability is really about and how it may help you by reading our FREE Social Security Disability Fact Sheet.
We are sorry to hear of your husband’s passing. Please know that you are not alone. Many families experience this same problem. Your loved one filed for Social Security disability because his serious condition that kept him from working was likely to last more than a year or result in death. Then, the Social Security disability application took longer than expected or the applicant’s condition deteriorated faster than expected. Either way, the result was that the application was still pending before the Social Security Administration (SSA) when the applicant died.
The Process May Continue After Your Loved One’s Death
As the surviving spouse, you may be able to continue the Social Security disability application after your loved one has died. While you will not be able to get monthly payments for any time after your loved one’s death, you may be able to get payments for the months that your loved one was eligible for Social Security disability prior to his death. This may be a significant amount of money if the application process took a long time or if your loved one was involved in the Social Security appeals process after an initial denial of his application.
Should You Continue the Application Process?
The decision is yours to make and depends largely on how many months of benefits you think you may be able to recover. We hope that this information helps you make an informed decision and we invite you to read our FREE Social Security Disability Fact Sheet if you have additional questions about eligibility or the application process.
You know you have a mental illness. You even went to the doctor seeking treatment and the doctor made some suggestions to you. However, you haven’t followed through on those suggestions consistently. You may be inconsistent about taking your medications or you may fail to show up for follow-up appointments, for example. You don’t mean to do these things; they just happen, and if your lack of action is a symptom of your condition, it shouldn’t be held against you.
Exceptions to Treatment Requirements
Generally, the Social Security Administration (SSA) may deny an application for Social Security disability benefits if the applicant failed to follow through on doctors’ recommended treatments. There are exceptions to that general rule, however. The SSA cannot hold your lack of treatment against you if your mental health condition—the one for which you are seeking disability benefits—prevents you from consistently getting treatment.
Additionally, the SSA should not hold a lack of treatment against you if:
- You couldn’t afford the treatment.
- The treatment was against your religion.
- You are able to make lifestyle modifications to manage your symptoms without treatment.
- The side effects of the medication are worse than the treatment.
Yet, the SSA may try and use your lack of treatment as a reason why you should be denied benefits. Accordingly, it is important to know your rights and to get the help you need to fully complete an accurate Social Security disability application. To learn more about how to do that, please start a live chat with us today.
Maybe. Not everyone with sickle cell disease will qualify for Social Security disability benefits. However, the Social Security Administration (SSA) has a specific criterion in the Listing of Impairments for sickle cell disease.
If you suffer from sickle cell disease or one of its variants then, according to Section 7.05 of the SSA’s Listing of Impairments, you may qualify for Social Security disability if one of the following is true:
- You had documented painful thrombotic crises at least three times in the five months before applying.
- You required extended hospitalization (not just emergency care) at least three times in the 12 months before applying.
- You have chronic severe anemia with a persistent hematocrit of 26 percent or less.
- Your impairment qualifies you under a different criterion related to the affected body system.
Of course, you may also qualify in other ways. For example, if you can prove that your medical condition prevents you from engaging in substantial gainful activities or if you can prove that your sickle disease is medically equal to that of another listing then you may also qualify for Social Security disability.
The path to Social Security disability benefits is not always a straight one. It can be confusing, it can be difficult, and it can be frustrating. However, you don’t have to do it alone. You have the right to get help. If you have questions about the Social Security disability eligibility process or about what you should do to protect your rights, please start a live chat with us today.
Yes, you may be able to apply again. As you know all too well, the symptoms and the severity of multiple sclerosis can change over time. When you first applied for Social Security disability, you may have had a multiple sclerosis diagnosis, but you may not have qualified for Social Security disability benefits. The Social Security Administration (SSA) may have found that you could still work.
But Now You Can’t and It Might be Time to Reapply for Benefits
If you recently applied for benefits then you may be able to appeal the SSA’s denial of your application. However, it sounds like several months, or more, have passed since your initial Social Security disability application and that your medical condition has changed significantly. Accordingly, you may need to reapply for benefits with the new medical information.
How to Improve Your Chances of Getting Approved
You know that you can’t work, but the SSA is not going to simply take your word for it. Instead, you are going to have to provide specific documentation about your condition and about your work history so that the SSA has the necessary facts to approve your application. This can be confusing and time consuming; however, it is important. If you make a mistake or forget a piece of documentation then your otherwise valid application may be denied by the SSA. Thus, it is important to take the time to fill out a complete and accurate application now so that you can get the benefits that you deserve.
You ask an important question, because it is important for you to provide the right medical documentation with your Social Security disability application. Otherwise, the Social Security Administration (SSA) could deny your application and you could be left without benefits that you deserve and need now that your physical condition is keeping you from working.
What Information Do You Need?
That depends on your disability. The Social Security Blue Book Listing of Impairmentsdescribes the specific medical documentation that you need to qualify for various conditions.
For example, if you are applying for disability under Section 4.00 Cardiovascular Impairments then you should be prepared to include the detailed reports of the following information with your application:
- Your medical history
- Physical examinations
- Lab work
- Prescribed treatments and your responses to those treatments
Typically, you will need a medical record of at least three months—though more or less may be necessary based on your specific situation. Additionally, you should provide any specific information listed in the section that applies to your cardiovascular disability. Specific test results and treatments may be required based on the cardiovascular condition that you are claiming as a disabling condition.
Other documentation will be necessary if you have a different kind of disability. If you have any questions about what documentation is necessary to help support your disability application then it is important to find out the answer before you submit an application. Failure to provide all the required medical data could result in your application being denied.
You were relieved when you got the news that the Social Security Administration had approved your Social Security disability application. The monthly Social Security disability benefits are important to you and to your family.
Accordingly, you may be concerned when you receive notice from the SSA that your case is going to be reviewed.
Three Reasons You Shouldn’t Panic
Before you let your mind jump to the worst-case scenario or you spend your weekend deciding what assets to sell to maintain your standard of living, it is important to know three things about continuing disability reviews. Specifically, it is important to know that:
- Continuing disability reviews are routine. Most adults have their claims reviewed every three to seven years. However, the SSA can decide to review a case sooner or later.
- Generally, it is easier to be determined disabled during a continuing disability review than during the initial application process. If the SSA determines that you have had no medical improvement then your status will not be changed and you will continue to receive benefits. If the SSA determines that you have had medical improvement then the SSA will consider whether you have improved enough to work.
- You may be able to get benefits if the SSA finds you no longer disabled and you appeal. You may have to fill out specific SSA forms depending on how you decide to pursue an appeal, but you may be able to continue receiving benefits during the appeals process.
You will be notified of a continuing disability review by mail. While it is not something to be feared, it should be something that you take seriously.
Yes, you may qualify for Social Security disability if you have anaplastic thyroid carcinoma. You probably already know more about this condition than you ever wanted to know. You know that anaplastic thyroid carcinoma affects only about 2% of people with thyroid cancer. You know that the typical survival time is measured in months rather than years. You know that you are very sick, that you are unable to work, and that you want to spend as much time with your family and friends as possible.
You Know That You Never Want to Be a Burden
Social Security disability may be an option for you if you can’t work during this very difficult time. Patients with anaplastic thyroid carcinoma currently meet the requirements for section 13.09A of the Social Security Disability Listing of Impairments. This means that you may qualify for Social Security disability if you:
- Supply a pathology report from a thyroid biopsy specimen that confirms your diagnosis of anaplastic carcinoma
- Fill out a complete and accurate Social Security disability application
You will not automatically qualify for benefits. Thus, the application process is an important one. If you fill the application out accurately and completely, you may be able to recover the benefits that you deserve, the benefits that can make your life more comfortable and help your family during this very difficult time.
To learn more about how to apply for Social Security disability, please review our related links or start a live chat with us today.
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