Filing for SSDI | Farrell Disability Law

SSDI And Understanding Options To Qualify Under Arthritis

Jay Butchko — Tue, 27 Feb 2018 20:27:38 +0000

Arthritis is one of the most common ailments that lead to debilitation as a person ages. It typically causes inflammation and constriction of the joints that affects a person’s ability to move and/or engage in normal daily tasks. Arthritis, even with proper therapy and medication, is quite severe for many individuals, and results in a significant percentage applying for Social Security Disability Insurance (SSDI) benefits when work is no longer possible. Arthritis can manifest in a number of ways, and the Social Security Administration (SSA) has several avenues for obtaining disability benefits for severe cases of this condition. Osteoarthritis and rheumatoid arthritis are the most common forms of this ailment, and both cause inflammation in the body, though for different reasons. However, qualifying for SSDI benefits based upon osteoarthritis, principally presented as pain and joint stiffness, is extremely difficult, and to be successful often requires an applicant to look to another listing recognized by the SSA as the cause of a disability. A discussion of several possibilities that may allow a person suffering from arthritis to qualify for SSDI benefits will follow below.

Spinal Listings

Joint pain, swelling and stiffness are the hallmark indicators of an arthritis-related condition, a diagnosis more than 54 million Americans received between 2013-2015. The longer a person suffers from this condition, the more likely he/she will experience increased loss of mobility and require joint replacement of the knees and hips. Hands are also commonly affected. One additional area that it is particularly prone to degeneration and consequent pain is the spine. If an applicant meets the criteria for a particular listing, he/she automatically qualifies for benefits. If satisfying a listing is out of reach, the situation for many applicants, a person can still qualify if his/her ability to function, due to the severity of symptoms, prevents performing the physical duties of most jobs (standing, walking, lifting, kneeling, grasping, etc.). The listings most commonly associated with arthritis in the spine are: compression of the spinal nerve root, narrowing of the spinal canal, or inflammation of the arachnoid membrane (nerves surrounding spinal cord).

Joint Dysfunction

Another possibility to qualify for SSDI benefits based upon an arthritis-related condition is joint dysfunction, an SSA listing that requires evidence of joint fusion, space narrowing or destruction of the bone. There must also be a documented history of joint pain, stiffness and loss of motion in one knee, ankle or hip joint or one shoulder, hand, arm or wrist in each arm that affects walking or effective use of the hands. Note that imaging, such as an MRI, showing such impairments will be an essential part of establishing joint dysfunction for purposes of SSDI benefits.

Inflammatory Arthritis

Finally, the other principal listing used to gain SSDI benefits for joint-related symptoms is inflammatory arthritis. This listing is categorized as autoimmune, and would thus apply to those with rheumatoid arthritis. The listing requirements demand that an applicant show evidence of the following criteria, though examiners are generally expecting to see severe limitation in one’s ability to perform fine and gross movements:

persistent inflammation or deformity of a major weight-bearing or upper extremity joint;
inflammation or deformity of a major joint with involvement by at least two major body/organs and signs of severe fatigue, involuntary weight loss, fever or malaise;
fixation of the cervical spine; or
repeated episodes of inflammatory arthritis with at least two signs of severe fatigue, malaise, fever or involuntary weight loss, plus limitations in performing daily activities, functioning socially, or completing tasks in a timely manner.

Contact a Disability Insurance Attorney

Managing a disabling impairment takes all a person’s time and effort to make life bearable, and trying to navigate the SSDI process on top of this burden is likely too much. Instead, let Farrell Disability Law handle your claim. With years of experience, this Jacksonville law firm knows how to get the money you deserve. Contact us for a free consultation.

Resource:

cdc.gov/arthritis/data_statistics/arthritis-related-stats.htm

Qualifying For SSDI Benefits As A U.S. Military Veteran

Jay Butchko — Fri, 26 Jan 2018 16:43:24 +0000

Military veterans provided a valuable service to this country that often comes at significant physical and mental cost. The likelihood of suffering a disabling injury or developing Post Traumatic Stress Disorder is considerably higher for these individuals, and lead many to seek disability benefits when working becomes impossible. While most veterans instinctively turn to the U.S. Department of Veteran Affairs (VA) for disability benefits, many may also qualify for supplemental disability benefits under the Social Security Disability Insurance (SSDI) program. While these two programs do provide disability benefits to those unable to sustain normal work routines, the requirements and process to obtain approval differs. Thus, getting approved for benefits for one program does not guarantee a similar result in the other. In fact, SSDI benefits are often much more difficult to obtain, and the complicated approval process is best handled by an experienced disability insurance attorney. However, while SSDI benefits are generally harder to get, veterans do receive some special considerations in certain situations. An exploration of the issues common to veterans seeking SSDI benefits will follow below.

Differences between VA Disability and SSDI

Qualifying for SSDI benefits involves two major factors that can cut off a person’s ability to receive benefits under the program: income and level of disability. SSDI strictly limits how much a person can earn monthly, and requires recipients to be totally disabled before benefits are available. By contrast, disability benefits from the VA do not have income limits, and it will pay benefits for less than a total disability. Further, unlike SSDI, VA benefits are based upon the percentage of disability assigned to a particular veteran by VA doctors, which ranges from zero (no compensable disability) to 100 percent (total disability). In addition, unlike SSDI, which mandates that the disability be expected to last for at least a year or result in death, VA disability benefits may be awarded on a more temporary basis.

Military Service, Discharge and Misconduct

SSDI benefits are awarded based upon a person being totally disabled, and paying enough taxes into in the system over the past ten years. Thus, the amount of military service or whether the disabling event occurred during or after a release from active duty is irrelevant to the SSDI process. Relatedly, the type of discharge from military service, including dishonorable, also has no impact on the Social Security Administration’s (SSA) decision on a disability claim. Further, misconduct, even if it directly resulted in the disabling condition or was connected to one’s military service, is not factor in the final determination. In other words, an explanation about the specific circumstances that led to the disability is not necessary, expected or even considered to receive SSDI benefits.

Fast-tracking SSDI Decisions for Veterans

Finally, in recognition of the sacrifices soldiers make for this country, expedited processing of SSDI claims are available to those injured while on active duty on or after October 1, 2001 (Wounded Warriors), and for veterans with a 100 percent permanent and total disability rating. However, note that this rating does not guarantee a veteran will meet the SSA’s definition of disability, though denial is unlikely. While the SSA is supposed to automatically expedite these claims, this does not always happen, which underscores the need for an experienced disability insurance attorney to handle claims, so an applicant is treated properly and fairly.

Get Help

Managing a disability is a daily challenge that does not need to be compounded by financial concerns. To avoid unnecessary financial hardship, investigate the possibility of qualifying for disability benefits with an experienced disability insurance attorney. Farrell Disability Law understands the stresses you are facing, and will fight for the benefits you deserve. Contact the Jacksonville or Orlando offices for a free consultation.

Resource:

ssa.gov/people/veterans/

Citizenship, Residency And Qualifying For SSDI

Jay Butchko — Tue, 19 Dec 2017 16:35:19 +0000

Where a person chooses to live is much more fluid in today’s world compared with the past, when most people lived their entire life in one place. This fluidity has translated into people living in multiple States, and some to move outside the country entirely. This mobility may be beneficial for employment purposes, but could also pose confusion and difficulty if a disability causes a person to stop working. Social Security Disability Insurance (SSDI) is a source of financial assistance most disabled individuals turn to when working is no longer possible. While most people would correctly assume that the vast majority of the applicants and recipients of SSDI benefits are U.S. citizens, foreign workers can also qualify for benefits if they contributed the necessary amount into the Social Security system and meet certain residency and country-of-origin conditions. Further, even workers that cannot communicate in English can receive SSDI benefits, assuming the other basic requirements are met, and may have a somewhat easier time getting approved due to this communication barrier. A discussion of the citizenship and residency requirements to be eligible for SSDI benefits, as well as how not speaking English influences the assessment of disability, will follow below.

Citizenship

Being a non-U.S. citizen is not an automatic bar to receiving SSDI benefits as long as an individual can prove he/she is in the country legally, and has worked the required amount of years, and paid taxes. Federal law mandates that all workers pay Social Security taxes, which means that even non-resident aliens can qualify for SSDI benefits for work performed within the U.S. Note that some foreign students and those here on a temporary exchange may be exempt from taxation, and under these circumstances, cannot collect SSDI benefits. Additionally, citizens of certain countries are usually unable to collect any federal benefits, including SSDI benefits, such as North Korea, Cuba and Vietnam, absent admittance to the U.S. as a refugee or similar status. For those from otherwise acceptable countries, in addition to proving the existence of a qualifying disability, non-citizens, particularly non-resident aliens, must produce proof of their right to be in the U.S., which is satisfied through documentation of the following:

admission as a refugee;
admittance for political asylum;
temporary stay on a non-immigrant visa; or
permission to stay for humanitarian or other policy reasons.

Permanent residents only need to produce their green card identification number.

Residency

Citizens approved for SSDI benefits, but living outside the country, are still eligible to keep their benefits without the need for periodic returns to the U.S. The important point to keep in mind for this situation is to update the Social Security Administration with changes in address or other contact information to avoid disruptions in benefits. For non-citizens, the process is bit more complicated, as both permanent residents and resident aliens are usually required to return to the U.S. once every 30 days or stay for 30 days every six-month period if they live abroad and want to retain SSDI benefits.

Non-English Speakers

A large number of non-citizen workers in this country, especially in jobs requiring manual labor, have difficulty communicating in English, which greatly limits their available job prospects following the onset of a disability. This limitation is factored into a disabled worker’s ability to resume working in a less physically-demanding job, and may be particularly significant for older workers (those over 45). Applicants who do not automatically qualify for SSDI benefits based on the listing requirements for recognized conditions, which is the overwhelming majority, must demonstrate they do not have the residual functional capacity to resume any work. Education is part of this analysis, and not being able to communicate in English will eliminate most jobs from consideration. Further, an older applicant will have more difficulty adapting to new work, making approval more likely.

Get Help

Dealing with the loss of financial independence due to a disability is never easy, but you can make the process of applying for SSDI benefits less stressful by working with an experienced disability insurance attorney. The attorneys at Farrell Disability Law have years of experience representing clients in disability claims, and know how to best approach your case to get the results you deserve. Contact the Jacksonville law firm for a free consultation today.

Resource:

fool.com/retirement/general/2015/03/08/social-security-5-surprising-facts-about-noncitize.aspx

Figuring Out The Right Time To File For Disability

Jay Butchko — Fri, 27 Oct 2017 17:42:54 +0000

There is no one particular way a disability can occur. For some, the onset is gradual as the body breaks down over time from the physical demands of a job. For others, the onset is sudden and unexpected, perhaps due to an accident or a diagnosis of a debilitating disease. How and when a disability starts can have a direct effect on a person’s decision as to when or if to file for disability benefits. For many, there is an adjustment period to get through first as they reconcile their new normal and attempt to cope with the daily challenges that occur on multiple levels – emotionally, psychologically, physically and financially. Even if a disabled individual is able to continue some level of work, the level of income is frequently far below the amount earned in the past. The enormous backlog of disability claims at the Social Security Administration (SSA) is fairly well known, and should, as a practical matter, factor into the decision of when to file for disability benefits. While an experienced disability insurance attorney is the best source of advice for the optimal time to submit an application, a discussion of some issues to consider when contemplating whether to file for disability benefits will follow below.

Working

One of the basic requirements to receive disability benefits under Social Security Disability Insurance (SSDI) is a general inability or greatly-reduced ability to work. Specifically, the 2017 maximum earnings an individual can receive on monthly basis and still qualify for SSDI benefits is $1,170 per month. Consequently, if a person suffering from a disability must completely stop working, there is little advantage to waiting to file a claim. However, if an individual has some capacity to work and is not causing additional impairment by maintaining employment, he/she may want to evaluate if waiting for SSDI may be financially prudent, especially if he/she earns more than the monthly maximum. Further, the average monthly benefit for SSDI recipients is approximately $1,034 per month. So, if someone has another, realistic option to earn more, it could make more sense to pursue it until working is no longer viable. However, when working becomes too much, which it does for the majority of individuals suffering from a disability, a disability claim should be initiated shortly thereafter.

Family

Most families have one parent or spouse who is the main breadwinner for the household, and if he/she becomes disabled and unable to work, the impact extends far beyond that person. Consequently, if a person suffering from a disability has others dependent upon him/her for financial support, it is best to start the disability claim process for SSDI as soon as it becomes apparent working not is possible. Additionally, dependent family members may qualify for auxiliary benefits (50 to 100 percent of the monthly benefit paid to the disabled worker), which could ease some of the financial burden caused by the onset of the disability.

Protective Filing Date

Finally, if a person is unsure about when or whether he/she wants to file an SSDI disability claim, but still wants to ensure their claim is made before his/her period of eligibility for SSDI benefits expire (date last insured), the disabled worker can take steps to establish a protective filing date. A protective filing date effectively extends a disabled worker’s period of eligibility for benefits, even if the disability claim is filed after the date last insured. To establish a protective filing date, the disabled worker must indicate an intent to file a SSDI disability claim, which is usually done by completing a certain percentage of the online application, or contacting the SSA about filing a disability claim. If there are concerns about meeting this deadline, contact an experienced disability insurance attorney to discuss how to proceed.

Get Help

If you suffer from a disability, and are unable to work, you could greatly benefit from speaking with a disability insurance attorney about filing a claim for private or federal benefits. Farrell Disability Law has more than 20 years of experience helping clients with disability claims, and is available to talk to you about your case. Contact the Jacksonville office for a free consultation.

Resource:

fool.com/retirement/2017/08/21/heres-the-average-monthly-social-security-benefit.aspx

secure.ssa.gov/poms.nsf/lnx/0200204010

What to Expect for SSDI Appeals to the Federal Courts

Jay Butchko — Thu, 09 Feb 2017 15:44:42 +0000

The application and approval process for Social Security Disability Insurance (SSDI) benefits is long and stressful for most applicants. Very few claimants are granted benefits based on the initial application, and must enter the lengthy appeals process to receive the benefits they need. Certainly, the hope is benefits are approved as early in the appeals process as possible, but sometimes, the process must be seen through to the very end before approval. The very last step available to SSDI applicants is to file a petition with the federal courts, which is the most complicated and costly phase of appeal. While an individual is permitted to handle the court case on his/her own, the services of an experienced disability insurance attorney is needed to give an applicant the best chance at approval. Given that this is the last stop in the appeals process, wanting to give up is understandable, but continuing to pursue approval is worthwhile. Recent research shows that seven percent of cases in federal courts are related to Social Security disability, and much of that number is due to overloaded administrative law judges (ALJ) that do not have the time or resources to adequately evaluate claims. An overview of the procedure for appealing an SSDI claim to the federal courts, and how judges handle these cases, will follow below.

Time Limit to File a Complaint

Just as with other steps in the appeals process, the window to continue an appeal to the federal courts is very short. Once a claimant receives a denial of benefits from the Appeals Council, which is almost certain as only a very small percentage of applicants succeed at this stage, he/she has 60 days to file a complaint with the federal court. If this deadline is missed, the denial of benefits becomes final, and the claimant will have to file a brand-new application, and start the process over from the beginning. Most applications take years to reach this stage, so needing to start over would put most claimants at a severe disadvantage.

What to Submit to the Court

A written complaint must be filed with the appropriate federal court, which is determined by the geographic location of the claimant. The Social Security Administration (SSA) cannot be sued directly. Instead, the current SSA commissioner must be named as the opposing party. The SSA is not permitted to assist claimants with the complaint, so the responsibility to correctly follow the law and court rules falls on the claimant or on his/her attorney.

No evidence or testimony may be presented to the judge for consideration in these cases. The only material a judge reviews when making a decision are briefs (written arguments) filed with the court. These briefs attempt to convince the judge that the medical evidence provided was sufficient to justify an award of SSDI benefits, and the SSA failed to correctly evaluate the evidence and/or was not in line with the law. Additionally, the judge may schedule oral arguments to further understand the legal points of the case.

Decisions

A judge has three possible options when issuing a decision in an SSDI case:

send the case back to the ALJ for further consideration. This is a fairly common outcome, and the ALJ usually approves benefits at this point to avoid being overturned by a federal court in a future appeal;
uphold the ALJ’s denial of benefits. Claimants do have the option of appealing to the Federal Circuit Court, this process is even more complicated and expensive; or
award disability benefits.

Talk to Disability Insurance Attorney

Filing for SSDI benefits is a convoluted process that can easily overwhelm applicants. An experienced disability insurance attorney can take away some of the stress associated with this process by handling the procedural aspects and explaining what to expect at each stage. Farrell Disability Law understands how important these benefits are, and will fight to get you the money you deserve. If you live in Florida or South Georgia, contact the office today for a free consultation.

Resources:

law.upenn.edu/live/news/6743-new-recommendations-by-penn-laws-jonah-gelbach#.WI9sevJggf9

ssa.gov/appeals/court_process.html