Category: Social Security Disability

If your specific disability is not included in the Social Security Administration’s Blue Book Listing of Impairments, one of the ways that you may be eligible for Social Security disability benefits it to prove that your disability is medically equivalent to one of the listings in the Blue Book.

How to Prove Medical Equivalence

According to Social Security regulations, your disability must be at least equal in severity and duration to a disability that is included in the Blue Book. You may prove that your condition is medically equivalent by proving that:

• You have an impairment that is included in the Blue Book but you do not exhibit all of the findings described in that listing or one of your findings is not as severe as that described in the Blue Book. You may still be found eligible for Social Security disability in this case if the severity of the rest of your symptoms makes your condition equivalent in overall severity to how the condition is described in the listing.
• You have an impairment that is not included in the Blue Book but is substantially similar to an impairment that is included in the Blue Book. If the findings of your impairment are of at least equal medical significance to the listing in the Blue Book, you will be eligible for Social Security disability.
• You have multiple impairments and no single impairment meets a Blue Book listing on its own. If the findings of all of your impairments together are of at least equal medical significance to a Blue Book listing, you will be found eligible for Social Security disability.

The determination of medical equivalence will be made by considering all of the evidence in your case record and the opinions of medical and psychological consultants. Your education and work experience are irrelevant to the determination of medical equivalence.

Eligibility Based on Medical Equivalence Can Be Complicated

You must set out a strong argument with the right evidence in order to get your application approved. Our board certified lawyers can advise you of your rights and help you get the benefits you deserve. To learn more, please contact us directly via this website or by phone to set up a meeting.

Generally, you will be able to keep your Social Security disability payments in a Chapter 7 bankruptcy case. However, Social Security disability benefit payments may be relevant to two aspects of your Chapter 7 bankruptcy case and it is important to get answers to these questions so that you can understand your rights and keep the benefits to which are legally entitled.

Do Social Security Disability Payments Impact Your Eligibility for Chapter 7 Bankruptcy?

You may only file a Chapter 7 bankruptcy case if you pass a means test to prove that you do not have sufficient income to pay your creditors. Generally, Social Security disability benefits are not considered to be income for purposes of the Chapter 7 means test and, therefore, should not impact your eligibility for Chapter 7 bankruptcy relief.

Will Your Social Security Disability Payments Be Used to Pay Your Creditors?

In a Chapter 7 bankruptcy case, all of your non-exempt assets are part of your bankruptcy estate. The bankruptcy trustee will take all of your non-exempt assets and distribute them among your creditors to satisfy your debts. Federal law exempts Social Security disability benefits from your bankruptcy estate in most cases. Therefore, your Social Security disability benefits are likely to be safe from your creditors during a Chapter 7 bankruptcy case.

Protect Your Rights by Making Sure Everyone Knows What’s Going On

It is important to inform your bankruptcy attorney about your Social Security disability benefits and your Social Security disability lawyer about your bankruptcy. If your legal team has full knowledge about your other legal proceedings, they can make sure that all of your rights are protected.

If you would like to learn more about your rights to Social Security disability benefits, we encourage you to read our free book, Social Security Disability: What You Need to Know, and to contact us via this website or by phone to schedule your initial consultation with a board certified Social Security disability attorney.

The Social Security Administration understands that a joint condition can significantly impact your ability to function and, therefore, your ability to work. Accordingly, loss of function due to a musculoskeletal condition, such as a joint condition, is one of the first things that is defined in the Blue Book Listing of Impairments.

What Loss of Function Means to the Social Security Administration

Loss of function associated with a joint condition, or any other musculoskeletal condition, is defined as follows in Section 1.00B of the Blue Book:

The inability to ambulate effectively on a sustained basis for any reason, including pain associated with the underlying musculoskeletal impairment, or the inability to perform fine and gross movements effectively on a sustained basis for any reason, including pain associated with the underlying musculoskeletal impairment.

Your inability to ambulate effectively or to perform fine and gross motor tasks effectively must have already lasted or be expected to last for at least 12 months.

The term “ambulate effectively” refers to your ability to walk. Generally, this means that you can’t walk on your own without an assistive device that uses both of your hands (such as a walker rather than a cane). You can “ambulate effectively” if you can maintain a reasonable walking pace over a sufficient distance to carry on with the activities of daily living.

Similarly, the inability to perform fine and gross motor movements must interfere with your activities of daily living in order to be considered disabling. Such activities could include things like pushing, pulling, feeding yourself, and taking care of your personal hygiene.

If you believe your joint condition has resulted in a loss of function, it is important to prove that in your Social Security disability application so that you can be found eligible for benefits. Documentation that might be important to your application includes your medical records and a detailed account of how the loss of function impacts your activities of daily living.

What Loss of Function Means to You

A loss of function may mean that you are eligible for Social Security disability benefits. If you experience loss of function, as described above, and you have the documentation to prove it, you should contact a board certified Social Security disability lawyer as soon as possible so that you can get the benefits you deserve. Please contact us today via this website or by phone to learn more.

No. Some legal actions, such as personal injury cases, have statutes of limitation which require you to file your case by a certain date or lose the right to pursue legal action. The same is not true, however, for Social Security disability benefits. You may apply for Social Security disability benefits whenever you are ready to do so.

But There Are Benefits to Applying Sooner Rather Than Later

There are two important reasons to file for Social Security disability as soon as you think that you might be eligible for benefits. Specifically:

1. The sooner you apply for benefits, the sooner you can recover benefits. You can’t get your benefits until you apply for them and your application is approved. The sooner this happens, the sooner the money will begin appearing in your bank account each month. This may help ease the financial burden of being disabled.
2. You won’t have to think about when to apply for benefits any more. Sometimes, it is just better to get the process over with rather than to drag it out. You won’t have to think about whether today is the right day to take action, because you will have already done what you need to do to protect your benefits.

Despite these advantages, however, you may still be anxious about going through the Social Security disability application process.

Applying for Social Security Disability Doesn’t Have to be Stressful

Once you learn more about how the Social Security disability application process works and about how a board certified lawyer can help you get the benefits you deserve, you may feel less anxious about getting started with your own claim.

Accordingly, we encourage you to read our FREE book, Social Security Disability: What You Need to Know, and to contact us directly via this website or by phone to schedule your personal and confidential meeting with a board certified Social Security disability lawyer. Your lawyer will handle the details of your application while you concentrate on your health and living your life. Contact us today to learn more.

It may be difficult to get up for work after a night without sleep. However, when one night turns into many consecutive nights and you’ve gone a month or more suffering from lack of sleep, you may be suffering from chronic insomnia. Then, instead of it being difficult to get up and go to work, it may be close to impossible.

You May Be Disabled and You May Be Eligible for Social Security Disability Benefits

While insomnia is not listed as a disability in the Social Security Administration’s Listing of Impairments, there are ways in which you may qualify for benefits. Specifically, you may be eligible for benefits if:

• Your symptoms are equal in severity to another listing in the Listing of Impairments.Symptoms of insomnia may include: vision problems, difficulty concentrating, memory impairments, headaches, and other issues.
• You meet a different listing in the Listing of Impairments. Insomnia may be a symptom of another health condition that will qualify you for benefits. For example, if your insomnia is due to a heart condition or a mental disorder, you may qualify for benefits if you can prove your eligibility pursuant to one of those conditions.
• You lack the residual functional capacity to engage in substantial gainful activity. In other words, your insomnia prevents you from working.

However you qualify, you may have a difficult time convincing the Social Security Administration of your disability.

Get the Help You Deserve

Before you submit your application for benefits, you must make sure that you have all of the medical evidence that the Social Security Administration will be looking for and you must be sure that it can be presented in such a way to convince the agency of your disability. This is difficult to do for anyone with a disability, but it is even more challenging for people suffering from a condition such as insomnia. Thus, before you submit your application for benefits it is important to consult with a board certified Social Security disability lawyer who can help you prepare your application and fight for the disability benefits you deserve. To learn more, please contact us directly via this website or by phone to schedule an initial consultation.

The extent of your heart failure made you a candidate for a heart transplant. After significant physical and psychological evaluations, you were able to get a heart when one became available and you are likely very grateful for the opportunity that it has provided you. However, a heart transplant does not always mean that you will be able to go back to work after surgery.

You May Be Eligible for Social Security Disability

Generally, if you cannot work after a heart transplant surgery, you may be eligible for Social Security disability in one of the following ways:

• You may be eligible pursuant to Section 4.09 in the Listing of Impairments (Blue Book). The Social Security Administration considers a heart transplant a qualifying disability for one year from the date of surgery. After one year post-surgery, you will need to qualify for benefits in another way.
• You may be eligible pursuant to another section in the Listing of Impairments. If you qualify because of another cardiac condition in Section 4.00 of the Listing of Impairments or any other condition in the listing of impairments, you may recover benefits.
• You may be eligible because your condition is equal in severity to another listing in the Listing of Impairments. If your symptoms have the same impact on your life as the symptoms of a condition described in the Blue Book, you may be eligible for benefits.
• You may be eligible because you lack the residual capacity to work. If you are unable to work at any job because of the physical limitations of your health condition, you may be eligible for Social Security disability benefits.

However you may qualify, you will need to present convincing evidence to the Social Security Administration. This will include medical records and other documentation. Our board-certified Social Security disability lawyers can help you submit a complete application and can help get you the benefits for which you qualify as quickly as possible. To learn more, please contact us via this website or by phone at your earliest convenience.

A lung transplant is a big deal. You consented to the procedure because you hoped it would improve the quality of your life. However, you are also consenting to at least several days in the intensive care unit and a one to three week hospital stay. After that you will require close medical monitoring, lifelong immunosuppressant medications, and a lifetime care plan. You may be unable to work.

And You May Qualify for Social Security Disability

The Social Security Administration recognizes that a lung transplant can be disabling. Accordingly, pursuant to Section 3.11 of the Blue Book Listing of Impairments:

• You are considered disabled for three years beginning on the date of your transplant surgery. It is important to note that you may be considered disabled before you have transplant surgery if you qualify because of your respiratory disorder or in another way. If you were found eligible prior to surgery, then this will not impact the three year period during which you will be considered disabled after surgery.
• After the three year period, your residual impairments will be evaluated to determine if you remain disabled. According to Section 3.00M, the Social Security Administration will consider “the adequacy of your post-transplant function, the frequency and severity of any rejection episodes you have, complications in other body systems, and adverse treatment effects.”

Additionally, you may be found eligible in another way. Even if you do not meet the requirements of Section 3.11, you may be eligible for benefits if you meet another listing in the Listing of Impairments, if your condition is equal in severity to a listing in the Listing of Impairments, or if you lack the functional capacity to work.

Take the Necessary Steps to Protect Your Disability Benefits

Even though Section 3.11 is clear about the terms of eligibility after a lung transplant, you must still provide a compelling application for disability benefits together with all supporting medical documentation to the Social Security Administration. Our board certified attorneys can help you do that. For more information, please start a live chat with us now or download a free copy of our report, Social Security Disability: What You Need to Know.

You ask an important question. You may be unable to work a regular job, but you may still want to contribute to your community or to your family as best you can. Accordingly, you may decide to do some volunteer work or to help family or friends with childcare or eldercare responsibilities. Either arrangement may be much more flexible than a paying job and allow you the time and freedom that you need to take care of your health issues.

However, before you sign up for volunteer work or offer to take care of a relative or friend, it is important to consider two things:

1. How much time will you be giving to these volunteer activities? If the time approaches full time work or if you are on a rigid schedule then the only difference between volunteer work and a job may be the lack of pay you receive. However, if you have a lot of flexibility in hours and you only work a few hours a week then your volunteer work may be significantly different than paid employment.
2. What tasks will you be performing? It is important that your tasks do not conflict with the information that you provided the Social Security Administration.

Volunteer work has a lot of benefits. It can provide you with a reason to leave the house, with social opportunities, and with a sense of purpose. However, the Social Security Administration is concerned with whether you have the ability to earn an income. If you volunteer many hours a week and perform many of the same tasks that are required in a paying job then it could impact your eligibility.

It is important to discuss your volunteer activities with your Social Security disability lawyerso that you can have a full understanding of how they could impact your Social Security disability eligibility. To learn more about your specific situation, please contact us today to schedule a confidential consultation.

You may be eligible for Social Security disability benefits, but your eligibility is not automatic. The Social Security Administration does not currently include pancreatitis as a condition in the Listing of Impairments. Therefore, you are going to have to prove that this chronic condition has caused physical limitations that leave you unable to work.

Complications of Chronic Pancreatitis

Pancreatitis occurs when the pancreas gland is inflamed. When the pancreas is inflamed and not working properly, the body’s production of insulin and digestive enzymes can be impacted. All forms of pancreatitis are extremely painful and may result in short term disability. However, the symptoms of acute pancreatitis go away once the inflammation of the pancreas goes away. Chronic pancreatitis, however, can continue with symptoms such as:

• Stomach pain
• Vomiting
• Diarrhea
• Significant weight loss

Typically, people who suffer from chronic pancreatitis are eligible for Social Security disability in one of two ways:

• They qualify pursuant to Section 5.08 of the Listing of Impairments. This section allows people who suffer weight loss due to any digestive disorder to be eligible for Social Security disability if certain criteria are met. Specifically, the applicant must have a body mass index (BMI) of less than 17.50 on at least two separate occasions at least sixty days apart within six consecutive months.
• They qualify because their symptoms make them unable to work. The Social Security Administration may look at your residual functional capacity, or your ability to work given your physical limitations. For example, if you are in serious pain and spending lots of time in the bathroom, you may be unable to work effectively and you may be eligible for Social Security disability.

If you suffer from chronic pancreatitis, it is important to have thorough medical records and to work with a board certified lawyer who can help you get the benefits you deserve. To learn more, we encourage you to read our FREE book, Social Security Disability: What You Need to Know, and to contact us directly to have your questions answered.

Yes, you are eligible for Social Security disability benefits if your status on the heart transplant waiting list is either 1a or 1b.

As you already know, there are more people who need heart transplants than there are healthy hearts available for transplanting. Accordingly, people in need of heart transplants are assigned a certain status when they go on the national waiting list maintained by the United Network of Organ Sharing. The status reflects the priority in which they should receive a heart when one becomes available.

Those Who Are Assigned Status 1 Are Eligible for Social Security Disability

Currently, there are four potential statuses that you may be given when you are on the heart transplant waiting list. These statuses include:

1. Status 1a. Patients classified as 1a are the most critically ill. They require hospitalization and life support measures, and they typically have a very limited life expectancy unless they are able to receive a heart.
2. Status 1b. Patients classified as 1b are dependent on intravenous medication or a mechanical assist device in order to stay alive until a heart is received. They may be in the hospital or at home awaiting news that a heart has become available.
3. Status 2. Patients in this classification are medically stable with just oral medications and are able to live at home until a heart becomes available.
4. Status 7. Patients who receive this classification are on the inactive list due to a change in condition, but may get credit for time that they were already on the waiting list should they need to change to status 1a, 1b, or 2 in the future.

Patients who are assigned status 2 or status 7 are not automatically eligible for Social Security disability benefits.

However, heart transplant waiting list status 1a and status 1b are included on the Social Security Administration’s Compassionate Allowances List. That means that not only will you be eligible for benefits, but that your claim may be fast tracked.

Once your heart transplant surgery occurs, you may continue to be eligible for Social Security disability benefits pursuant to Section 4.09. Specifically, you may be eligible for benefits for one year post surgery or longer if you meet the requirements for eligibility pursuant to a different listing or because of your inability to work.

You are doing a lot of waiting right now. As you wait for word that a heart is available for you, please make sure that your right to receive Social Security disability benefits is protected and that your wait for Social Security disability is no longer than it has to be. Please contact a board certified attorney via this website or by phone today to learn more.