Author Archives: Dianna Cannon
HEMOPHILIA DISABILITY BENEFITS
WHAT IS HEMOPHILIA? Hemophilia is a medical condition that causes excessive bleeding due to a deficiency of clotting agents in the blood. Because the blood doesn’t clot normally, people with hemophilia who have a minor cut or bruise can lose a lot of blood. Hemophilia can also cause nosebleeds and bleeding in the gums… Read More »
AUTOMATICALLY WIN SSD BENEFITS
12 NEW MEDICAL CONDITIONS ADDED BY THE SSA Automatically win SSD & SSI benefits if you have one of the 12 new conditions added by SSA to the Compassionate Allowances list. On August 15, 2022, the SSA added twelve new conditions to the compassionate allowances program. Compassionate Allowances are a way for SSA to… Read More »
SSI BENEFITS FOR LOW BIRTH WEIGHT INFANTS
WHAT IS LOW BIRTH WEIGHT FOR AN INFANT? Low birth weight infants are eligible to receive SSI payments as soon as you apply for the benefit. The SSA will begin monthly payments and pay for up to six months while they make a decision on your application. They do this because the SSA considers… Read More »
COVID & DISABILITY BENEFITS
Over 1 million people have died of Covid-19 in the United States. Worldwide, that figure is currently over 6 million deaths. The impact on everyone cannot be overstated. In addition to losing lives, good health, and jobs, during the pandemic people had trouble managing stress. Unfortunately, Covid-19 has a much higher effect on the… Read More »
UNEMPLOYMENT BENEFITS & SSD BENEFITS
CAN YOU COLLECT UNEMPLOYMENT BENEFITS AND ALSO APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS? Many people collect unemployment benefits after they lose a job. Sometimes, people file for unemployment benefits, thinking they will soon return to work. However, they then realize a disability is going to prevent them from returning to work. When you collect… Read More »
NEW COMPASSIONATE ALLOWANCES
In 2022 and 2021 there were new Compassionate Allowances. The Compassionate Allowances initiative allows Social Security to quickly identify severe medical conditions that meet the criteria for SSD benefits. Because the diseases on the list are so severe, the SSA wants to pay benefits as soon as possible. For example, fatal conditions like ALS… Read More »
AIDS DISABILITY BENEFITS
AIDS disability benefits are available if your condition is keeping you from working. Many individuals with HIV infection have severe symptoms that prevent them from working. If you have severe AIDS symptoms and you will be off work for over 12 months, then the SSA may find you eligible for SSDI benefits. On the… Read More »
THE FUTURE OF SOCIAL SECURITY DISABILITY BENEFITS
THE SOCIAL SECURITY DISABILITY PROGRAM IS GROWING The Social Security Disability program has seen significant growth in both costs and the number of beneficiaries in the last 25 years. Since 1990, the age of the working population being paid disability benefits has more than doubled—from about 1 in 40 individuals to about 1 in… Read More »
SSA CHANGES DISABILITY LISTINGS FOR BACK CONDITIONS
Back disability benefits are, once again, going through changes by the SSA. The SSA changed their listing of medical conditions for people with a back disability. This change should concern to all lawyers and people who are seeking SSD and SSI benefits. When the SSA changes the medical criteria for benefits, it effects million… Read More »
NEUROLOGICAL DISORDERS
Neurological disorders can result in winning SSD benefits if they prevent you from working for at least 12 months. In order to win SSD and SSI benefits, your neurological condition must meet certain rules called the SSA listing. The “listing” is a long list of severe physical and mental conditions that the SSA agrees… Read More »
HOW TO SPOT A SCAM – SIX THINGS THE SSA WILL NEVER DO
DO YOU KNOW HOW TO SPOT AN SSA SCAM? How can you spot a scam? How do you know if it is really the SSA on the phone calling you? You may have received a phone call from someone claiming they were from the Social Security Administration. There are phone scams, text scams, and… Read More »
CARR V. SAUL – CAN YOU GET A NEW DISABILITY HEARING?
Can you get a new disability hearing? On April 22, 2021, the Supreme Court issued a ruling in Carr, et.al, v.. Saul, 593 U.S. _,(2021). This is an important case because it holds that some claimants have a right to a new hearing. You can obtain a new hearing if you have an unfavorable… Read More »
CAN DISABILITY BENEFITS BE GARNISHED ?
DISABILITY BENEFITS ARE SUBJECT TO GARNISHMENT FOR CHILD SUPPORT Whether or not your benefits payments can be garnished for child support payments depends on what kind of Social Security benefits you receive. Social Security Disability Insurance (SSDI) is based on your work history. When you pay your employment taxes, you pay into SSA’s insurance… Read More »
How Much Money Is My Monthly Disability Benefit?
FILING FOR SSD & SSI DISABILITY BENEFITS A monthly disability benefits is available if you cannot work for 12 months or longer. Disability benefits replace your income and Cannon Disability Law can help. Under Social Security rules, if you are unable to work a full-time job because of a physical or mental impairment, then… Read More »
MANAGING STRESS DURING COVID-19
Are you having difficulty managing stress during Covid-19? If so, the state of Utah is providing free help to those who need it. Below you will find free numbers you can call. The state of Utah has crisis lines to help you during this difficult time. FREE CRISIS AND HOTLINE TO YOU MANAGE STRESS… Read More »
QUESTIONS ABOUT YOUR DISABILITY HEARING?
Are you wondering what questions the judge will ask at your disability hearing? Will you need to explain your medical symptoms in court? Should you bring other witnesses to your ALJ hearing ? How long does the hearing take? Do you know at the end of the hearing if you have won SSD benefits?… Read More »
FIVE NEW COMPASSIONATE ALLOWANCES FOR 2020
In 2020, Andrew Saul, the Commissioner of the Social Security Administration, announced five new Compassionate Allowances conditions: Desmoplastic Small Round Cell Tumors GM1 Gangliosidosis – Infantile and Juvenile Forms Nicolaides-Baraister Syndrome Rubinstein-Tybai Syndrome Secondary Adenocarcinoma of the Brain If you have one of the above conditions, you can apply online for disability benefits at… Read More »
WHAT WILL THE JUDGE ASK AT MY ALJ HEARING?
HIRE AN ATTORNEY TO HELP YOU PREPARE FOR YOUR ALJ HEARING Be prepared for your ALJ hearing. You should hire an attorney to help you be a good witness. You need to think about the answers to some basic questions before you arrive. The hearing is being held to determine not only if you… Read More »
Dianna Cannon, J.D. – Social Security Disability Attorney – Featured in Attorney at Law Magazine 2018
DIANNA CANNON, SOCIAL SECURITY DISABILITY ATTORNEY Featured in Attorney at Law Magazine, Dianna Cannon has been practicing Social Security Disability Law for more than 30 years. “I help people get their Social Security Disability benefits,” she explains. “I handle Veteran’s Disability cases and Black Lung Disability claims as well. But mostly, I handle Social Security… Read More »
BIDEN’S DISABILITY PLAN
Fortunately, the president of the United States has a disability plan. This is good news for the almost 9 million people receiving disability benefits. Additionally, this is good news for 117,000 spouses and 1.5 million children who also receive disability payments through a family member. Individuals who qualify for SSD and SSI need is… Read More »
CEREBRAL PALSY DENIAL
CEREBRAL PALSY & THE UNFAIR DENIAL Cerebral Palsy is a disability under SSA’s regulations, as long as the medical condition prevents you from working. Recently, an ALJ denied a claimant with Cerebral Palsy. He did this even though Social Security’s own doctors opined she could not work. The claimant filed for disability benefits stating… Read More »
CORONAVIRUS AND DISABILITY BENEFITS
UPDATE ON CORONAVIRUS AND DISABILITY BENEFITS The Coronavirus is not stopping your disability benefits from being paid. Nor, is it stopping the SSA from deciding disability cases. This is good news for those who are receiving disability benefits. It is also good news for those who are patiently waiting for the SSA to decide… Read More »
SSA IS EXTENDING DEADLINES DURING COVID-19
SSA EXTENDING DEADLINES DURING COVID-19 If you received a letter from the SSA about extending deadlines during COVID-19, you may have some concerns. Do not worry. During this pandemic, the SSA is extending deadlines for requests for information, evidence, or call-in letters whenever possible. The SSA will not take an adverse action because you… Read More »
SSA ELIMINATES INABILITY TO SPEAK ENGLISH FROM RULES
The Trump administration is considering a new rule that bars a claimant’s inability to speak English as a factor in the disability review process. This is one of several cuts to the disability program that President Trump is pursuing as part of his assault on disability benefits. Or, what Trump considers to be the… Read More »
Procopio, et. al. v. Secretary of Veterans Affairs – Navy Veterans Lose Expedited Review for Agent Orange Exposure During Vietnam War
NAVY VETERANS SEEK EXPEDITED REVIEW OF AGENT ORANGE CLAIMS The Court of Appeals Federal Circuit, held in Procopio, et al. v. Secretary of Veterans Affairs (Court of Appeals Federal Circuit 12/08/2019) that the Secretary of Veterans Affairs has the authority to stay disability compensation claims until January 1, 2020. This is a disappointing case for Navy… Read More »
Check Your Earnings To Protect Your Future
SOCIAL SECURITY DISABILITY BENEFITS AND RETIREMENT The monthly amount of your Social Security Disability benefits and your future retirement benefits is based upon your earnings. You are responsible to check your earnings statement every year. Therefore, you must check your earnings to make sure they are properly reported to the SSA and IRS. When… Read More »
SSA ADDS FOUR NEW COMPASSIONATE ALLOWANCES
SSA Adds Four New Compassionate Allowances Conditions On August 19, 2019, the SSA added four new conditions to the list of compassionate allowances. The SSA has a list of conditions they consider disabling. This list is the Listed Impairments. Additionally, the SSA has a list of disabling impairments they consider to be automatically disabling…. Read More »
NEW YORK TIMES REPORTS DISABILITY MAY NOT BE A BARRIER TO WORK
IS DISABILITY A BARRIER TO WORK? On September 5, 2019, the New York Times published Ben Casselman’s article about disability and work. Casselman wrote, employers like Dell, started a program to hire people with autism. Kate Cosway, who has a master’s degree, was chosen by Dell for a 12-week internship, which is now becoming… Read More »
RETIREMENT BENEFITS & SSD
WHAT ARE RETIREMENT BENEFITS? Retirement benefits are monthly payments from Social Security. These benefits replace a percentage of your pre-retirement income based on your lifetime earnings. The portion of your wages that Social Security replaces is based on your highest 35 years of earnings. This amount varies depending on how much you earn. The… Read More »
BANKRUPTCY COURT TO HEAR SSA OVERPAYMENT CASE
BANKRUPTCY COURT HAS JURISDICTION TO HEAR OVERPAYMENT CASE Overpayment cases are not normally heard by any judges outside of the Social Security Administration. However, the 5th Circuit, in Benjamin v. United States of America, (5th Circuit 07/26/2019), has ruled that the Bankruptcy Court has jurisdiction to hear a representative payee’s overpayment case. Benjamin, the plaintiff was… Read More »
Smith v. Berryhill – U.S. Supreme Court Reverses SSA’s Policy
SMITH V. BERRYHILL On May 28, 2019, the U.S Supreme Court issued a unanimous decision in Smith v. Berryhill, 139 S. Ct. 1765 (2019), reversing the Sixth Circuit’s judgment. The Sixth Circuit held that an Appeals Council dismissal was not subject to federal judicial review. But, the U.S. Supreme Court held that an Appeals Council’s… Read More »
SSA WANTS TO LIMIT YOUR RIGHT TO AN IN PERSON HEARING
You may receive an SSA notice that limits your right to an in person hearing. The SSA sends out this notice for you to sign so they can schedule your hearing as a video hearing. This means that your judge may not live in your area. As such, the judge may not be familiar… Read More »
DISABILITY BENEFITS: SSI OR SSD?
SHOULD YOU APPLY FOR SSD OR SSI DISABILITY BENEFITS? Social Security Disability benefits are monthly payments that support individuals who cannot work a full-time job and have a disability. There are two different SSA programs that pay disability benefits. Those programs are Social Security Disability (SSD) and Supplemental Security Income (SSI). Although both programs… Read More »
SSA Plans For CDI Units To Expand To Every State
The Social Security Administration plans to expand CDI units to every state. Below please find excerpts of a letter from Nancy Berryhill, Acting Commissioner, dated February 13, 2018, which explains their reasoning that they believe they have saved the agency billions of dollars. ___________________________ Expansion of Cooperative Disability Investigations (CDI) Units Progress Report (February 2018)… Read More »
MENTAL ILLNESS AWARENESS WEEK & NAMI
In 1990, Congress officially established the first week of October as Mental Illness Awareness Week. They did this to encourage people to work together and educate the public about mental illness. NAMI (National Alliance on Mental Illness), raises awareness about mental illness. They do this through public education and providing support to those with… Read More »
WHAT IS YOUR MONTHLY DISABILITY PAYMENT?
HOW MUCH IS YOUR MONTHLY SSD PAYMENT? The Social Security Disability payment benefit amount is different for every person who applies. Because, SSD benefits are based upon the amount you have worked during your lifetime. Everyone has a different work history. Each person earns a different amount of money during their lifetime. Therefore, the monthly… Read More »
NOSSCR STATES BUDGET WILL NOT SOLVE BACKLOG
NOSSCR BUDGET COMMENTS NOSSCR released this article today, indicating that even with the level of funding Obama has requested in his budget, the wait time for a hearing is going to increase for those who have applied for disability benefits. Read NOSSCR’s article below. OBAMA’S BUDGET PROPOSAL President Obama released his Fiscal Year 2017… Read More »
SSA Fraud Investigations Waste Taxpayer’s Money
THE SSA’S FRAUD INVESTIGATIONS The SSA investigates people who apply for SSD benefits. How do they chose who to investigate? Most fraud allegations come from SSA employees. In fiscal year 2014, the SSA received more than 121,000 fraud allegations and more than 58,000 (almost half) of those came from SSA employees. In other words,… Read More »
IS THE DISABILITY TRUST FUND IN JEOPARDY?
WILL THE DISABILITY TRUST FUND RUN OUT OF MONEY? Most people don’t understand the Social Security and Disability trust funds and how they work. Headlines are constantly claiming the Disability Trust Fund is going to run out of money. Therefore, people with disabilities who cannot work will not receive their payments. Let’s examine the… Read More »
