Category Archives: General
OVER 50? The “GRID” Rules Help Older Workers Win Disability Benefits
OLDER WORKERS CAN WIN SSDI BENEFITS Older workers have a better chance of winning benefits because of the way Social Security law works. The SSA knows that it is difficult for older workers to change jobs and to be hired. Employers don’t always want to hire older workers. They usually have to pay an… Read More »
REVERSE DIABETES THROUGH DIET & EXERCISE
CAN DIABETES TYPE 2 BE REVERSED? Diabetes is Type 2 is the most common form of the three types of Diabetes. It is also known as adult onset diabetes. This condition can be genetic. However, it is usually brought on by an unhealthy lifestyle. For example, if you are overweight, don’t exercise, and eat… Read More »
DISABLED? CAN YOU GET FORGIVENESS OF STUDENT LOAN DEBT?
STUDENT LOAN DEBT AND DISABILITY Student loan debt is almost impossible to pay if you have a disability that keeps you from working. In fact, it is a huge problem to pay any bills when you cannot work due to a severe mental or physical medical condition. Probably, you are going to want to… 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 »
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 »
COPD DISABILITY BENEFITS
IS COPD A DISABILITY? COPD disability benefits are available if you cannot work due to your severe COPD symptoms. In order to receive SSD and SSI benefits, your COPD symptoms must be so severe that you cannot work for more than 12 months. This article discusses COPD, when it becomes disabling, and how to apply… Read More »
CONGENITAL HEART DISEASE AND LISTING 4.06
Congenital Heart Disease can be a disabling impairment under SSA’s listing 4.06. The term “congenital” means that it occurs at the time of birth. Congenital heart defects are one of the most common types of birth defects. So, not all heart defects are disabling, because treatment may fix the symptoms. If you have mild… Read More »
NEUROLOGICAL DISORDERS
Neurological disorders can be disabling 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 will prevent you… 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 »
SOCIAL SECURITY BENEFITS – WHEN TO FILE
SOCIAL SECURITY DISABILITY AND SUPPLEMENTAL SECURITY INCOME BENEFITS Many people contact our office asking if they should file for Social Security Disability benefits or Supplemental Security Income. Typically, they wonder if they will be eligible for benefits, but they also wonder if they should wait to file for benefits; after all, many people are… Read More »
CAN DISABILITY BENEFITS BE GARNISHED FOR CHILD SUPPORT PAYMENTS?
DISABILITY BENEFITS ARE SUBJECT TO GARNISHMENT FOR CHILD SUPPORT Whether or not your disability benefits payments can be garnished for child support payments depends on what kind of disability 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 »
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 »
HOW TO FILL OUT SSA’S WORK HISTORY FORM
Do you know how to fill out SSA’s Work History form? If you are asking yourself this question, that is good! You should worry about what you write on the forms that you send to Social Security. Most people fill out the work history report incorrectly. Subsequently, the form is used against them to… 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 impairments in court? Should you bring other witnesses to your disability hearing ? How long does the hearing take? Do you know at the end of the hearing if you have won disability benefits? These… Read More »
THE BURDEN TO PROVE DISABILITY IS ON YOU
YOU HAVE THE BURDEN TO PROVE DISABILITY AT YOUR SSA HEARING Most people think it is easy to prove disability to the SSA. Those who apply for disability benefits think they will win benefits at their hearing, if they simply explain their disabling symptoms to the Judge. But the SSA system doesn’t work like… Read More »
PSORIATIC ARTHRITIS AND DISABILITY BENEFITS
Psoriatic arthritis can be a disabling disease. The SSA classifies psoriatic arthritis under listing 14.09 for “Inflammatory Arthritis.” In order to receive disability payments, your arthritis must prevent you from working. You might not be able to work due to inability to ambulate or to use your fingers repeatedly for actions like typing. Additionally, you… 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 »
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 »
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 »
ARE YOU WORKING? IF SO, ARE YOU ELIGIBLE FOR DISABILITY BENEFITS?
If you are working, according to SSA’s definition of work, then you are not eligible for SSDI or SSI benefits. However, work has a very specific meaning under SSA’s rules. Work is defined by the SSA as “substantial gainful activity.”(SGA). A person who is earning more than a certain monthly amount (after impairment related work expenses)… 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. You must do this to make sure your earnings are properly reported to the SSA and IRS. When you… Read More »
RAISE THE SSI ASSET LIMITATIONS
IT IS TIME TO RAISE THE SSI ASSET LIMITATIONS For years, the SSI asset limitations have kept people with disabilities in poverty. SSI or Supplemental Security Income is a benefit for those who have a disability that keeps them from working. However, in order to receive it you must have a disability and meet… Read More »
HOW DOES THE SSA WEIGH MEDICAL EVIDENCE?
Your treating doctor told you that you have a disability that prevent you from working. Does this mean the Judge at the hearing will adopt what your doctor said and grant you disability benefits? You would think that your treating doctor’s opinion would matter a lot to the Judge in your case. However, SSA’s… Read More »
MENTAL ABILITIES YOU MUST HAVE TO PERFORM UNSKILLED WORK
There are certain mental abilities you must have in order to perform unskilled work. Unskilled work is the easiest form of work. For example, it is work that does not require much attention. It is also work that does not require you go to school. Likewise, it does not require you to learn work… Read More »
SSA USES SIX DOMAINS TO DESCRIBE CHILDHOOD DISABILITY
WHAT ARE THE SIX CHILDHOOD DISABILITY DOMAINS ? In order to win SSI or childhood disability benefits, you must be familiar with the six domains the SSA uses to describe childhood impairments. The six domains are listed below. If your child’s disability does not meet a listing, then you can turn to the domains… 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 »
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 »
