Tag Archives: ssd attorney
STEP FIVE: THE BURDEN OF PROOF SHIFTS TO THE SSA
SSA’S SEQUENTIAL EVALUATION IS A FIVE STEP PROCESS The SSA uses a five step review process to see if you qualify for SSDI and SSI benefits. Each step involves a question. The answer to the question helps the SSA know what to do with your claim. Depending on the answer, the SSA can deny… Read More »
SSD BENEFITS FOR HERNIATED OR BULGING DISCS
A herniated disc occurs when the jelly type filling in between the spinal disc breaks through the outer shell of the disc and presses on the nerves. The pinched nerve can cause severe pain in your back, hips, and legs and make you unable to work. You may need surgery for the herniation. If you can’t work for more than 12 months, then you should apply for disability benefits. The SSA awards SSD benefits under listing 1.15 for a herniated disc that prevent you from working. Disability benefits replace your income until you can work again.
HOW TO FILL OUT SSA’S WORK HISTORY FORM
WHAT IS SSA’S WORK HISTORY REPORT FORM? Do you know how to fill out SSA’s Work History form? If you are asking yourself this question, then that is good! You should worry about what you write on the forms that you send to Social Security. Believe it or not, the work history form is… Read More »
ESOPHAGEAL CANCER & SSD
WHAT IS ESOPHAGEAL CANCER? Esophageal cancer is a malignant cancer that affects the digestive system. The cancer occurs in the esophagus, which is the tube that connects the throat to the stomach. This form of cancer is relatively uncommon compared to some other types of cancer. However, the chances of developing esophageal cancer depends… Read More »
OSTEOPOROSIS & SSD BENEFITS
WHAT IS OSTEOPOROSIS? Osteoporosis is a medical condition that occurs because bone resorption exceeds the rate of bone formation. Bone is living tissue. In order for it to be healthy, it needs to undergo a renewal process. When a person has healthy bone tissue, there is a balance when old bone is broken down… Read More »
DISABLED VETERANS QUALIFY FOR SSA EXPEDITED REVIEW
Did you know that Veterans who are 100% service-connected qualify for expedited review with the Social Security Administration? This means that if you apply for Social Security Disability, you may not have to wait so long for a decision. Because you are a Veteran, the SSA is giving your case faster processing. However, you… Read More »
STEP TWO OF THE DISABILITY REVIEW PROCESS
WHAT IS THE SECOND STEP OF THE DISABILITY REVIEW PROCESS? Step two is arguably the most important step of the five step review process that the SSA uses to decide if you qualify for SSD benefits. Step two requires your medical conditions to be severe. You need to understand how to prove step two… Read More »
THE APPEALS COUNCIL DENIES MORE THAN 80% OF APPEALS
YOU HAVE A RIGHT TO APPEAL IF THE JUDGE DENIES YOUR CASE AT A HEARING If you lose your case at an ALJ hearing, then you have the right to appeal your case to the Appeals Council. An appeal must be written within 60 days of the date of the ALJ’s decision. The Appeals Council… Read More »
ATTORNEY FEES IN DISABILITY CASES
Attorney fees may be on your mind if you need to apply for SSD benefits. The SSA controls the amount of the attorney fee in SSD cases. You only pay an attorney fee if you win your case and it comes out of your back benefit.
OCD & DISABILITY BENEFITS
WHAT IS OBSESSSIVE-COMPULSIVE DISORDER (OCD)? Obsessive-compulsive disorder (OCD) is a mental condition in which a person has overwhelming obsessions and compulsions. Obsessive thoughts do not just occur every once in awhile. Instead, if you have OCD, then you have constant thought and feelings that you do not want to have. Likewise, the compulsions that occur… Read More »
DISABILITY BENEFITS FOR NECK PAIN
WHAT CAUSES NECK PAIN? Neck pain has many causes, including nerve compression, neck injury, muscle spasms and degenerative disc disease of the neck. Most people, at one time or another, experience neck pain. But, with time and treatment, neck pain usually doesn’t interfere with our ability to work. Obviously, the Social Security Administration doesn’t… Read More »
COLLECT YOUR MEDICAL RECORDS FOR YOUR DISABILITY CASE
CAN YOU COLLECT YOUR MEDICAL RECORDS? Yes, you can collect your own medical records. In fact, the burden to submit your medical records to the SSA is on you. You need to collect your medical records, as they are crucial to winning your SSD benefits. After you apply for SSD benefits, you must collect… Read More »
THE MEDICAL EXPERT AT THE SSA HEARING
Medical Experts commonly called by the ALJ to testify at SSD hearings. They explain your medical conditions to the judge and testify about whether your condition meets or equals an SSA listing. You need a lawyer to question the ME and prove the ME wrong if they give unfavorable testimony.
BONE FRACTURES & DISABILITY BENEFITS
CAN YOU GET SSD BENEFITS FOR BONE FRACTURES? Bone fractures and broken bones normally heal in a matter of a couple of months. Therefore, it can be difficult to get SSD benefits for bone fractures. In order to qualify for Social Security Disability benefits and SSI benefits, you must have a medical condition that… Read More »
ALS DISABILITY BENEFITS: LOU GEHRIG’S DISEASE
WHAT IS LOU GEHRIG’S DISEASE OR ALS? ALS disability benefits are available for you if you have Lou Gehrig’s disease. ALS stands for Amyotrophic Lateral Sclerosis. It is a disabling and fatal disease. Very few people survive more than a handful of years after their ALS diagnosis. For the following reasons, ALS is also… Read More »
MENTAL ABILITIES YOU MUST HAVE TO PERFORM UNSKILLED WORK
Certain mental abilities are necessary to do any type of work, even work that does not require skills. Skills have a specific definition that the SSA uses when they are deciding if you can work. For example, the SSA states that a skill is knowledge of a work activity which requires the exercise of… 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… Read More »
PULMONARY EMBOLISM & DISABILITY
WHAT IS A PULMONARY EMBOLISM (PE)? A pulmonary embolism (PE) is a blood clot in the lungs. This can occur when the blood vessels that supply blood to the lungs become blocked. First, the blood clot forms in the legs or the pelvic area. Next, the clot travels to your lungs. When a blood… Read More »
WHY DOES SSA KEEP DENYING MY CASE?
WHY ISN’T THE SSA GRANTING YOUR BENEFITS? At Cannon Disability Law, we hear a version of this question every day. People look at their neighbors and believe they should not be getting SSDI and SSI benefits. Also, people compare themselves to others and think their illness is worse. Therefore, they believe they should get benefits… Read More »
KNEE REPLACEMENT SURGERY AND SSD BENEFITS
Knee replacement surgery is one of the most successful joint operations. However, 20% or people who have surgery end up with chronic pain. If you have chronic pain, then you may not be able to work and should apply for disability benefits. If knee surgery left you using canes or a walker to ambulate, then apply for SSDI benefits today. Call Cannon Disability Law for a free review of your knee replacement disability claim.
IF CLAIMANT DIES CAN FAMILY RECEIVE SSD BENEFITS?
What happens when a claimant dies and there is an SSD application pending? Can a family member still receive SSD benefits on behalf of the deceased? The answer is yes. Cannon Disability Law can help your family after the death of a loved one who filed an application for SSD benefits. Sadly, this happens… Read More »
DISABILITY BENEFITS FOR DEPRESSION – LISTING 12.04
WHAT IS DEPRESSION? Depression is a mental health condition that brings on chronic feelings of sadness and low mood, loss of interest in activities, and trouble doing your daily activities. A case of depression can be mild or severe and last for a short or long time. For example, you may have a mild… Read More »
RESIDUAL FUNCTIONAL CAPACITY & SSD
WHAT IS RESIDUAL FUNCTIONAL CAPACITY? Residual Functional Capacity (RFC) is one of the most important concepts in your Social Security benefits case. The reason it is so important is your RFC can make the difference between winning or losing your SSDI and SSI benefits. If you can prove that your RFC prevents you from… Read More »
MULTIPLE SCLEROSIS AND WINNING DISABILITY BENEFITS
MULTIPLE SCLEROSIS IS A DISABILITY UNDER SSA’S RULES Multiple Sclerosis (MS) is an auto-immune disease that affects the central nervous system. When an individual suffers from Multiple Sclerosis, the disease damages the covers of the nerve cells in the brain. It also damages nerve cells in the spinal cord and optic nerves. This nerve… Read More »
BENIGN BRAIN TUMORS & SSD BENEFITS
WHAT ARE BENIGN BRAIN TUMORS? Benign brain tumors, or noncancerous brain tumors, are abnormal growths of cells that develop in the brain. Unlike malignant tumors, benign brain tumors do not invade nearby tissues or spread to other parts of the body. Although they are not cancerous, they can still cause problems depending on their… Read More »
SSA’S INTELLECTUAL DISABILITY LISTING
WHAT IS INTELLECTUAL DISABILITY? Intellectual disability (ID) is a term that is used to describe a person who has limits in their mental ability and in their communication skills, self care skills, and social skills. Children with ID take longer to learn to speak, walk, and take care of themselves. They have trouble learning in… Read More »
ARE YOU UNDER INVESTIGATION BY THE SSA?
HOW DOES AN SSA INVESTIGATION START? How do you know if the SSA is investigating you? Most people who need SSD and SSI benefits are not aware the Social Security Administration can investigate you. However, the SSA does investigate people who apply for benefits. Therefore, you need to know that if you file for… Read More »
PAST RELEVANT WORK: SSA’S NEW 5 YEAR RULE
For years, SSA’s definition of “past relevant work” has included all the jobs you have done in the last 15 years. But this week, the SSA made a significant change to their rules. On June 22, 2024, the SSA announced that now past relevant work is work done in the last 5 years, instead of the past 15 years. This is a welcome change that benefits the SSA and those who file for SSDI and SSI benefits.
GETTING MARRIED: WILL I LOSE MY SSI BENEFITS?
MARRIAGE DOESN’T DISQUALIFY YOU FROM SSI BENEFITS – EARNINGS DO! Getting married doesn’t automatically end SSI benefits. What ends SSI benefits is the “INCOME AND ASSETS” of your spouse. If your spouse has a full time job, then some of that income will be counted as yours. That may reduce your SSI benefits. Please… Read More »
SCOLIOSIS & PROVING DISABILITY
The Social Security Administration (SSA) recognizes that if your scoliosis symptoms and back pain are severe, you may not be able to work a full time job. If you are unable to work full time for at least 12 months due to your scoliosis, then it is possible for you to qualify for SSDI and SSI benefits
UTAH RESOURCES FOR THE BLIND
UTAH RESOURCES & SSD BENEFITS FOR THE BLIND If you need help with Utah SSD benefits or other resources because you are blind, then you have found the right law firm. Because, our law firm is on your side. We can help you receive monthly SSD payments and also win past due SSDI benefits…. Read More »
FIVE SECRETS TO HELP YOU WIN SSD BENEFITS
Secret really isn’t the right word to describe what this article is about. However, some of the issues we are going to discuss are not well known, even though they are important to winning SSD benefits. Therefore, perhaps you could call them secrets. The following five “secrets” will help you file your application for… Read More »
WHY IS A VOCATIONAL EXPERT COMING TO MY HEARING?
A vocational expert is attending your hearing to provide testimony about your work history. They will also testify about any transferable skills you may have that you could use in other types of employment, despite your medical conditions. Most cases are won or lost based on the VE’s testimony at the hearing. That is why you need to hire an experienced SSD lawyer to question the VE and win your Social Security disability benefits.
HOW TO FILE A REQUEST FOR RECONSIDERATION
DID THE SSA DENY YOUR APPLICATION FOR SSDI & SSI BENEFITS? Request reconsideration online at the SSA’s website if the SSA denied your application for SSD benefits. Don’t wait to appeal your SSI or SSDI initial denial. You can file your appeal online. You don’t have to fill out forms by hand or go… Read More »
ENDOMETRIOSIS & SSDI BENEFITS
WHAT IS ENDOMETRIOSIS? Endometriosis is a chronic, painful condition that affects women. The condition occurs when the endometrium, which is the lining inside the uterus, begins to grow outside the uterus. The endometrial cells then implant on the ovaries, Fallopian tubes, and other organs in the pelvis. This causes pelvic pain, heavy menstrual bleeding,… Read More »
WHAT YOU NEED FROM YOUR DOCTOR TO PROVE DISABILITY
THE BURDEN TO PROVE DISABILITY IS ON YOU Your doctor can help you prove to the SSA that you have a severe medical condition. You need the help of your doctor. Because the burden to prove that you deserve benefits is on you. Submitting medical evidence is important. But statements from your doctor about… Read More »
CONCURRENT DISABILITY BENEFITS
Concurrent disability benefits are available to you if you have a severe medical condition that keeps you from working more than 12 months. “Concurrent benefits” refers to receiving both SSDI and SSI benefits at the same time. This typically occurs when your SSDI payment is less than the federal SSI benefit amount. With concurrent benefits, you receive coverage from both Medicare and Medicaid. If you are disabled, then make sure to apply for all of the benefits available to you.
WHEN DO SSDI BENEFITS END?
WHAT ARE THE REASONS THAT SOCIAL SECURITY DISABILITY BENEFITS END? There are a number of reasons why Social Security Disability Insurance (SSDI) benefits can end. This article will discuss the four most common reasons for an end to your Social Security Disability benefits. The first event that usually ends SSDI benefits is an improvement… 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 benefits think they will win at their hearing, if they simply explain their disabling symptoms to the Judge. But the SSA system doesn’t work like that. The… Read More »
WHAT IS A TRIAL WORK PERIOD?
A trial work period is a nine month period of time during a 5 year rolling timeframe. During these 5 years, you can try to “work” while still receiving SSDI benefits. You have 9 months, in a 5 year period, to earn over $1110 and still receive your SSD payments. For 2024, a trial work period begins when you earn more than $1110 in one month. If you are considering going back to work while on SSDI payments, then it is essential to consult an attorney to know your options before you start working. If you don’t, then you could end up with an overpayment of SSDI benefits and you will have to pay them back.
WHAT IS THE WAIT TIME FOR THE HEARING DECISION?
WHAT IS THE WAIT TIME TO GET A HEARING? In 2023, it took an average wait time of 13 months to get a Social Security hearing. In 2024 wait times are about the same. The wait time starts from the date you file your request for hearing to the date of your hearing. There… Read More »
MEDICAID BENEFITS INFORMATION
WHAT IS MEDICAID? Medicaid benefits are health insurance for people who have a low income. Medicaid also provides health coverage to some pregnant women, children, elderly individuals, and women with breast or cervical cancer. The Medicaid program covers a wide range of health services. For example, it includes paying for hospital stays, doctor visits,… Read More »
ENDOCRINE DISORDERS & DISABILITY
WHAT ARE ENDOCRINE DISORDERS? Endocrine disorders are a group of diseases which affect the glands of the endocrine system. Disease can be caused by hormonal imbalance, autoimmune issues, genetic mutations, or environmental factors. The most common endocrine conditions include diabetes, thyroid disease, and obesity. When an endocrine gland is not working properly it produces… Read More »
ULCERATIVE COLITIS & SSD BENEFITS
WHAT IS ULCERATIVE COLITIS? Ulcerative colitis is a bowel disease that causes ulcers in the large intestine and also the colon. These ulcers or sores cause thickening and scarring of the colon. Because the colon is damaged it cannot properly absorb water. Also, it cannot absorb electrolytes from the food passing through the organ… Read More »
WHAT IS THE AMOUNT OF MY SSDI BENEFIT?
DO YOU KNOW YOUR MONTHLY SSDI BENEFIT AMOUNT? How do you calculate the amount of your monthly SSDI benefit payment? Every day clients ask us how much money they will receive if they win their Social Security case. If you have questions about your SSDI benefits, then you are in the right place. Because… Read More »
ADJUSTMENT DISORDER & SSD BENEFITS
An adjustment disorder is similar to depression, but it may not last as long. If your symptoms persist and keep you from working for more than one year, then you may qualify for SSDI and SSI benefits. The burden is on you to prove that you meet the SSA’s criteria for disability. For this, you will need ongoing medical treatment and the support of your doctor and a counselor. It can take up to two years to win SSD benefits. Therefore, it is crucial to apply for benefits as soon as you realize you cannot work due to your adjustment disorder. Take proactive steps towards financial security by hiring an attorney and starting the SSD application process.
SICKLE CELL DISORDERS & DISABILITY
WHAT IS SICKLE CELL ANEMIA? Sickle cell anemia (SCA) is a blood disorder that can result in symptoms that prevent you from working. For example, symptoms such as fatigue and pain can keep you from working a 40 hour work week. Our law firm can help you win SSD benefits if you have sickle… Read More »
WORK CREDITS & SSDI BENEFITS
To qualify for Social Security Disability Insurance (SSDI) benefits, you need to accumulate work credits through regular contributions to the SSDI program. Your contributions are made through FICA taxes if you are employed. Or, through SECA taxes if you’re self-employed. Typically, you need a minimum of 10 years of work to be insured for benefits. However, the number of work credits can vary based upon your age at the time of disability onset. Generally, you need 40 credits, with 20 earned in the last decade preceding your inability to work. You can earn up to 4 work credits per year.
APPEALS COUNCIL REVIEW
APPEALS COUNCIL REVIEW – SHOULD YOU APPEAL? Appeals Council review is the next step after an ALJ hearing. If the ALJ sent you an Unfavorable Decision after your hearing, you should be asking if it is time to seek the Appeals Council review. The Appeals Council reviews ALJ decisions from all over the country…. Read More »
FRIEDREICH’S ATAXIA & SSD BENEFITS
Friedreich’s ataxia (FA) is a rare genetic disorder that affects the nervous system and causes progressive problems with balance, muscle weakness, and sensation loss in the legs and arms. If you have Friedreich’s ataxia, then you should apply for SSDI and SSI benefits under SSA listing 11.17. Additionally, Friedreich’s ataxia is a compassionate allowance that provides for an immediate award of benefits if you can prove it prevents you from working.
