Tag Archives: disability lawyer
TIPS TO WIN FIBROMYALGIA DISABILITY BENEFITS
Fibromyalgia benefits are available from the SSA, if you cannot work for more than 12 months. If you suffer from Fibromyalgia and can’t work, you should apply for disability benefits. You can apply for SSD & SSI benefits on the Social Security website. For many years, the SSA did not recognize Fibromyalgia as an… Read More »
CONSULTATIVE EXAMINATION TIPS – Medical Evidence Wins Your Disability Claim
WHAT IS A CONSULTATIVE EXAMINATION? After you apply for Social Security Disability benefits or Supplemental Security Income benefits, you may receive a notice in the mail. This notice is scheduling you for a Consultative Examination. The SSA usually schedules a Consultative Examination during the first six months of the appeals process. For instance, they… Read More »
HOW TO WIN PRESUMPTIVE DISABILITY BENEFITS
Because applying for disability benefits can be a long process, it is possible to get temporary benefits in some circumstances. The SSA has made temporary or presumptive disability benefits available for Supplemental Security Income applicants. These benefits are available for 6 months. You receive these monthly benefits while the Social Security Administration processes your… Read More »
FEDERAL COURT REVIEW FOR YOUR SSD CASE
CAN YOU APPEAL YOUR SSD CASE TO FEDERAL COURT? It is possible to appeal a denial from the Appeals Council to Federal Court. However, in order to have access to judicial review under the Social Security Act, the decision of the SSA must be final. Also, you must file a Complaint in Federal Court within… Read More »
HOW THE SSA EVALUATES PAIN
The SSA evaluates pain when it considers your claim for disability benefits. How the SSA evaluates pain is probably one of the most important issues in a disability case. Social Security Regulations have evolved over time from using only objective medial evidence as proof of pain, to mandating consideration of subjective testimony along with objective… Read More »
BACK PAIN AND DISABILITY BENEFITS – LISTING 1.15
SOCIAL SECURITY DISABILITY BENEFITS FOR BACK CONDITIONS Do you have back pain that prevents you from working? To qualify for Social Security Disability benefits and SSI benefits, the SSA requires you to have a “medically determinable” impairment that lasts for at least one year. This means that MRI’s, CT scans, or x-rays, should show… Read More »
SUBSTANCE ABUSE & SSD BENEFITS
Substance abuse could prevent you from winning disability benefits. This is because the SSA has regulations that prevent you from winning SSD benefits if your disability is due to abuse of alcohol or drugs. Abuse of alcohol is not just occasional use, social drinking, or a drink with dinner. It is an unhealthy addiction… Read More »
BLINDNESS AND EARNING WORK CREDITS FOR SSD BENEFITS
SSDI and SSI benefits for the blind are available under SSA’s laws. In order to qualify for Social Security Disability benefits due to blindness, you will need to provide evidence that shows you meet the visual listings. The visual listings for blindness include people who have been blind since birth. Learn more here about disability benefits… Read More »
WHAT QUESTIONS WILL THE JUDGE ASK AT MY DISABILITY HEARING?
Are you wondering what questions the disability judge will ask at your SSA hearing? Don’t worry, an SSA hearing is nothing like an impeachment hearing. You are the main witness, but you will not be grilled with questions like they do to witnesses on television. SSA hearings are informal. They are also private, which… Read More »
THREE REASONS TO HIRE A DISABILITY ATTORNEY TO WIN YOUR SSD CASE
There are more than three reasons to hire a disability attorney to represent you in your claim for SSD and SSI benefits. The reason most people don’t hire an attorney is they think it will cost too much money. What most people don’t know is that attorney fees in SSDI and SSI cases are… Read More »
MENTAL IMPAIRMENTS THE JUDGE MUST CONSIDER
HOW DOES THE JUDGE RATE MENTAL CONDITIONS AT DISABILITY HEARINGS? Mental Impairments are crucial to determining disability. At disability hearings, the ALJ must weigh the medical evidence. By “weigh” the evidence, he or she must determine which evidence to give the most credence too. For example, most SSA files contain evidence from the claimant’s… 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 »
EATING DISORDERS & ANOREXIA CAN BE DISABLING
EATING DISORDERS CAN BE DISABLING The SSA has added eating disorders to their listings in their Blue Book of listed impairments. If you have an eating disorder that impacts you physically or mentally, it is possible that you could be granted SSDI or SSI benefits. For example, if you have Anorexia, you may have… 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 »
TIPS ON WINNING YOUR NEVADA MENTAL HEALTH CASE
NEVADA MENTAL CASE SHOWS TREATING PHYSICIAN’S OPINION ARE DUE GREAT WEIGHT The Nevada case, Ryan v. Commissioner of Social Sec., 528 F.3d 1194 (9th Cir., 2008), is important for individuals who have a mental health disability. In the Ryan case, the ALJ disregarded the medical opinion of claimant’s Nevada treating mental health doctors. Ryan’s… Read More »
VOCATIONAL EXPERT TESTIMONY MUST BE BASED ON EVIDENCE
VOCATIONAL EXPERT TESTIMONY Vocational expert (VE) testimony requires evidence at a disability hearing. If you have appeared at a hearing before an SSA judge, a VE probably gave testimony during your hearing. Vocational experts are often called by the judge to testify about the number of jobs that are available to a person seeking… 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 »
SUBSTANTIAL GAINFUL ACTIVITY
THE SSA AND SUBSTANTIAL GAINFUL ACTIVITY Substantial gainful activity are the words the SSA uses for “work.” If you file a claim for SSD benefits and you are still working, then you are going to hear the term “substantial gainful activity.” But what is SGA? SGA means “work” over a certain amount of money… Read More »
DISABILITY BENEFITS FOR AUTISM SPECTRUM DISORDER – LISTING 12.10
WHAT IS AUTISM SPECTRUM DISORDER? Autism is a spectrum condition. This means that there is range to the condition and some people have greater impairments than others. For example, some people with this condition do not use spoken language. However, others have excellent spoken language skills, but may have difficulty understanding what other people mean… 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 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 »
The 5 Day Rule – Evidence Submission in Disability Hearings
5 DAY EVIDENCE SUBMISSION RULE There is a new rule that requires all evidence be into the judge 5 days before a claimant’s hearing. Even though Social Security Disability hearings are administrative and the normal rules of evidence do not apply, there are still rules that everyone must follow. After May 1, 2017, the… Read More »
