Category: Social Security Disability

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.

Chronic leukemia is often treatable when it is diagnosed early. However, once the cancer has reached the blast phase it is often fatal and it is included in the Social Security Administration’s list of compassionate allowances. Inclusion on the list of compassionate allowances will allow your case to proceed through the eligibility process faster than it otherwise would, but it does not change the criteria for Social Security disability eligibility.

Only Some People With Chronic Leukemia Are Eligible for Social Security Disability

You may be eligible for Social Security disability benefits if you meet the requirements in the Listing of Impairments or if you are unable to work because of your cancer.

According to Section 13.06 of the Listing of Impairments, people who suffer from chronic myelogenous leukemia may qualify for benefits in one of two ways. You may be eligible for benefits if one of the following is true:

• You are in the accelerated or blast phase. This will be considered a disability for at least 24 months from the date of diagnosis or relapse or at least 12 months from the date of a bone marrow or stem cell transplant—whichever is later. After that, you will need to establish eligibility by proving that there is residual impairment to a specific body system.
• You are in the chronic phase. This will be considered a disability if you have a progressive disease following initial anticancer therapy or for at least 12 months from the date of a bone marrow or stem cell transplant (after that, eligibility may be established if you can prove that there is residual impairment to a specific body system).

Additionally, you may be eligible for benefits if you can prove that your chronic leukemia is equal in severity to another listing in the Listing of Impairments or if you are unable to work any job because of your medical condition.

Be Prepared to Fight for the Benefits You Deserve

You are already fighting every day to manage your chronic leukemia, to comply with your doctors’ orders, and to live out the rest of your life on your terms. The last thing that you need is another fight for the Social Security disability benefits that you’ve earned.

However, it can be difficult to convince the Social Security Administration that you are eligible for Social Security disability benefits. Our experienced Social Security disability lawyers can remove this stress from your shoulders and work hard to get you the fair and just benefits you deserve. We will work with you to file a complete application or to appeal a denial of benefits. Please contact us today via this website or by phone to learn more.

Yes, you may be eligible for Social Security disability benefits if you underwent spinal fusion surgery and you remain disabled after the surgery. You likely consented to this type of serious spinal surgery with the hope and the expectation that you would feel better and that your quality of life would improve after surgery.

Unfortunately, spinal fusion surgery has risks and those risks can leave you disabled. Instead of feeling better after spinal fusion surgery, you may experience:

• Infection
• Damage to nerves in the spinal column
• Damage to blood vessels near the fusion site
• Joint pain on either side of the fusion site

These risks can result in permanent medical conditions that leave you unable to work.

Social Security Disability Eligibility

You may be eligible for Social Security disability benefits if you can prove that your disability is included in the Social Security Administration’s Listing of Impairments (known as the Blue Book) or if you can prove that you are totally and permanently disabled and unable to work.

You may qualify if you meet the requirements of Section 1.04 of the Listing of Impairments. This section, which covers disorders of the spine, allows you to recover disability benefits if you have a spinal condition that results in the compromise of a nerve root or of the spinal cord and one of the following is also true:

• You experience nerve compression that results in pain, muscle weakness, sensory and reflex loss, and that impacts your lower back and legs.
• You suffer inflammation in the membrane around the spine that results in burning and in you having to change position often (or at least once every two hours).
• You experience a narrowing of the spinal canal that results in pain, weakness, and difficulty walking.

Finally, you may qualify if you can prove that you meet another section of the Blue Book or if you can prove that your residual functional capacity is so diminished by your condition that you cannot work. For example, if your spinal fusion surgery left you unable to walk, your condition may be equal in severity to Section 1.03 of the Blue Book which applies to the surgery or fusion of weight-bearing joints. While the spine is not a weight-bearing joint, the effect of your spinal fusion surgery may be the same as a fusion surgery on a hip, knee, or other weight-bearing joint.

Be Prepared Before You File a Social Security Disability Application

You will need medical evidence and a complete and compelling Social Security disability application in order to get the benefits you deserve. For help submitting a strong application or for a fair review of your claim, please contact a board certified Social Security disability lawyer today via this website or by phone.

It depends. Some people with prosthetic limbs are eligible for Social Security disability benefits and others are not eligible for benefits. At first glance, this may seem arbitrary or unfair. However, the Social Security Administration considers specific factors to determine whether a person with a prosthetic limb is eligible for disability benefits.

How the Social Security Administration Decides

If you have a prosthetic limb that allows you to walk effectively, your application for Social Security disability benefits may be denied. However, you may be eligible for benefits if you can prove that even with a prosthetic limb:

• You are limited in the amount of time that you can stand or walk.
• You have difficulty walking without assistance.
• You need crutches, a cane, a wheelchair, or another assistive device to walk.
• You have difficulty managing public transportation on your own or driving.
• You face other limitations because of your amputation, despite your use of a prosthetic limb.

Your prosthesis may dramatically improve your quality of life, but you may still be unable to do the work you did prior to your amputation or to perform another job.

How to Make a Case to the Social Security Administration

When you submit your Social Security disability application, it is important that you have accurate and complete information to prove that you are unable to work. This includes, but may not be limited to:

• Medical records. The Social Security Administration will want to know that you are complying with your doctor’s recommendations regarding the prosthesis.
• Employment history. The Social Security Administration will assess what jobs you may realistically perform and this will depend, in part, on your previous work experience.

Social Security disability applications can be complicated, but it is important to fill them out fully and correctly so that you can start getting the benefits you deserve as soon as possible. To learn more, please read our free Social Security Disability Fact Sheet and contact us directly for a free consultation.

No. You can’t choose which day of the month you will receive your Social Security disability benefits. Instead, that is a decision that will be made for you by the Social Security Administration (SSA) according to established rules.

When You Will Be Paid

Once it is determined that you are eligible for Social Security disability benefits, the day on which you will be paid will be determined by your birth date. More specifically, you will be paid on:

• The second Wednesday of the month if your birth date is between the first and tenth of the month. For example, if your birthday is December 4, 1974, you would be paid on the second Wednesday of each month.
• The third Wednesday of the month if your birth date is between the eleventh and twentieth of the month. For example, if your birthday is February 14, 1968, you would be paid on the third Wednesday of each month.
• The fourth Wednesday of the month if your birth date is between the twenty-first and thirty-first of the month. For example, if your birthday is July 29, 1981, you would be paid on the fourth Wednesday of each month.

Each year the SSA publishes a calendar of payment dates so that you can know exactly when to expect your benefits. If the Wednesday on which you should receive payments is a holiday (such as July 4^th, Christmas, or New Year’s Day), you should receive your payment on Tuesday of the same week on which you are normally paid.

What If You Don’t Receive Your Payment When You Should?

If you receive your Social Security disability benefits through direct deposit and you do not receive your benefits on the expected day, you should contact the Social Security Administration immediately. You can reach out to your local office or you can call 1-800-772-1213.

The SSA recommends waiting three mailing days beyond your payment date before contacting the SSA about a missed payment if you receive your payment by mail. However, after the three days has passed it is important to follow up with the SSA promptly so that you can get the monthly Social Security disability benefits you qualify for quickly.

If you have trouble getting the benefits you deserve, please reach out to our experienced Social Security disability lawyers directly via this website or by phone at any time.

It is difficult to answer your question without knowing all of the facts surrounding both your application for Social Security disability benefits and your friend’s application. However, everybody’s determination of benefits is individualized, and it is unlikely that you would get exactly the same benefits as someone else.

Here’s Why

Those who qualify for Social Security disability benefits must be totally disabled, but they will not necessarily receive the same benefits. You and your friend could receive different benefits—even if you both live in the same town and you both suffer from the same disabling condition.

The Social Security Administration (SSA) determines the value of Social Security disability benefits based on:

• Your age
• How much you worked in recent years. The requirements for this depend on your age.
• How much you’ve worked and contributed to Social Security over your lifetime

Your age and work history determine how many work credits you have accumulated. If you have enough work credits to qualify for Social Security disability, the amount of your check will be based on the amount that you have contributed to the Social Security system up to a maximum amount set by law. In 2017, the maximum Social Security disability payment was $2,687 per month and the average payment was $1,171 per month.

These rules apply equally to everyone, but the amount that each person recovers is individualized as described above.

Did this article help you understand why benefit payments are different for different people? If so, please share it with your Facebook friends. And if you are totally disabled and ready to apply for Social Security disability benefits, be sure to watch some of our informative, free videos to learn more about the application process. Then, when you are ready to get started, contact our office to schedule a confidential consultation with one of our compassionate and experienced attorneys.

You can only receive Social Security disability benefits if you have paid enough into the Social Security system. The Social Security Administration (SSA) determines whether you qualify based on the number of work credits you have earned and your age.

Each year, work credits are calculated from your income taxes. The amount that you must earn before earning a credit is re-evaluated and adjusted as needed according to the average wage index—the constant being that you can only earn four credits in one year, no matter how large your income.

Work Credits Needed for People Age 31 and Older

For applicants born after 1929 who became disabled from age 31 to 61, the number of work credits you need will change every couple of years. To illustrate:

• Ages 31–42: 20 credits are needed
• Age 44: 22 credits are needed
• Age 46: 24 credits are needed
• Age 48: 26 credits are needed
• Age 50: 28 credits are needed
• Age 52: 30 credits are needed
• Age 54: 32 credits are needed
• Age 56: 34 credits are needed
• Age 58: 36 credits are needed
• Age 60: 38 credits are needed
• Ages 62 or older: 40 credits are needed

Keep in mind that as long as you aren’t applying due to blindness, at least 20 work credits must have been earned in the ten years prior to filing.

Work Credits Are Just One Important Piece of Social Security Disability Eligibility

Once you determine that you have the necessary work credits to apply for Social Security disability, you will need to prove that you are eligible for benefits because you have a qualifying disability that will keep you from working for 12 months or longer or that is expected to be fatal.

Applying for Social Security disability benefits can be confusing, but it is important to your future. If you have questions about Social Security disability eligibility or the claims process, we encourage you to contact us directly to schedule an initial consultation. You can also request a FREE copy of our book, Social Security Disability: What You Need to Know to learn about protecting your rights.

Yes, your daughter may qualify for Social Security disability benefits even if her IQ is not quite low enough to qualify her as having an intellectual disability. However, building a compelling case for Social Security disability benefits will involve a lot of legwork and a thorough knowledge of how the Social Security disability system works.

Borderline Intellectual Functioning

If your daughter’s IQ is between 71 and 84, she is in the range of borderline intellectual functioning (BIF). People with BIF do not have an intellectual disability for purposes of Social Security disability benefits, and if a lower-than-average IQ score is her only issue, then she won’t be able to obtain benefits.

However, if your daughter has mental functional capacity issues that extend beyond her IQ score, she may qualify for Social Security disability benefits.

How to Help Your Child Prove That She Qualifies for Social Security Disability

Before you have your child apply for Social Security disability, it is important to gather all of the information that will be relevant to her application, including:

• Medical evidence, including a mental Residual Functional Capacity (RFC) form completed by her primary physician.
• Statements from teachers, former supervisors, and anyone who has instructed, trained, or worked with your daughter.
• Job and education-related assessments and reviews.
• Any documentation describing disciplinary action or reasons for discharge from former employers that will support your claims of her other limitations.

You may also want to seriously consider hiring an experienced disability attorney to help you navigate the challenges of proving your daughter’s disability claim in spite of these special circumstances. To learn more, call Morgan & Weisbrod today. Our compassionate and skilled team is here to answer your questions and to help your daughter get the disability benefits she deserves.

Unfortunately, the answer is no. The six-month presumptive disability temporary benefits program is only available to Supplemental Security Income (SSI) applicants who meet low-income criteria established by the Social Security Administration (SSA).

As you already know, the wait time to hear back on a Texas Social Security disability insurance claim can take many months. While presumptive disability benefits may not be an option for you, there may be ways for you to speed up the Social Security disability claims processing period.

Three Options to Consider

There are a few fast-track options available to Social Security disability applicants, but in order to qualify you must be dealing with an extremely severe diagnosis or a terminal illness to qualify. These programs include the:

1. Compassionate Allowances program. This is a fast track process for patients with conditions on the SSA compassionate allowances impairment listing. Qualifying applicants may receive a decision about Social Security disability in as little as 10 days.
2. Terminal Illness program (TERI). This is a program that expedites decisions on claims where the illness is anticipated to result in the claimant’s death.
3. Quick Disability Determination process. This method uses sophisticated software to determine the likelihood of an approval decision. The SSA determines which cases qualify for this type of review based on the severity of the claim. Decisions may come down in 20 days or less.

Remember that you are not alone during this challenging time. To help improve your odds of obtaining all of the Social Security benefits you qualify for without unnecessary delays or other problems, speak with an experienced disability lawyer today. Also, you can download a free copy of our book, Social Security Disability: What You Need to Know, for additional information about protecting your rights.