Blog | Shifrin Newman Smith Inc.

When a Back Injury Could be Disabling

2012-05-07T15:03:37Z

Many of us work in occupations that require some type of physical activity to complete a task. Whether it is working in a factory moving good or working in an office moving supplies, we rely daily on our bodies to help us complete these chores.

As we get older, we may experience aches and pains that make doing these activities more difficult. Some of these injuries are mild or can be treated, but what about injuries that become more severe? Those individuals experiencing severe back or joint injuries may be eligible to receive Social Security Disability benefits if they are unable to work.

]]> The process of obtaining SSD benefits is very complex. Conditions must be classified as disabling before benefits will be awarded. This means that they must keep an individual out of work for one year, or are expected to result in death for the individual who is experiencing the condition.

Applications must be submitted to the Social Security Administration for approval. Each application will be analyzed to be sure that the condition satisfies the medical criteria necessary to be disabling.

The SSA lists some of the back and joint conditions in its "Listing of Impairments." The Listing of Impairments presents detailed information concerning what symptoms must be present before an application will be approved.

Back or joint injuries fall under 1.00 Musculoskeletal System disorders. Some of the conditions that may qualify include:

Amputation injuries
Weight-bearing joint injuries (hip, knee, ankle)
Upper body joint injuries (shoulder, elbow, wrist, hand)
Fractured vertebrae or herniated discs
Degenerative disc disease

Each one of these will require specific information to be provided. Failing to supply any of the necessary details could result in applications being delayed. Many requests are denied initially. With each subsequent step in the process, it becomes more and more important to ensure that applications are complete.

Source: Social Security Administration, "Listing of Impairments - 1.00 Musculoskeletal System"

Severe Skin Disorders can Lead to Social Security Disability Benefits

2012-04-30T14:06:02Z

Many people have injuries or illnesses that impact every single part of their lives. They are unable to complete ordinary daily tasks that most can do with no problems. When the word disability is mentioned, skin disorders are often overlooked. Those who suffer from the most serious of these conditions know how challenging it can be to make a living.

There may be options available. Those who are disabled may be eligible to receive Social Security Disability Benefits from the Social Security Administration. These benefits provide essential compensation to individuals who are unable to work because of their injuries or illnesses.

]]> However, in order to qualify for SSD benefits, individuals must meet the SSA's definition of disabled. This means that the condition is serious enough to keep a person out of work for one year, or that the condition will result in death. The agency has listed some specific skin disorders that may qualify for SSD benefits, including:

Ichthyosis
Bullious disease
Burns
Dermatitis
Genetic photosensitivity disorders
Hidradenitis suppurativa
Chronic infections of the skin or mucous membranes

Each one of these conditions will have different symptoms, and require different medical evidence to support the application for SSD benefits. It can be very difficult to know which information will be necessary to include. If the proper medical documentation is not relayed to the agency, the application may be denied. This can lead to a lengthy delay before these critical payments will be received.

Each application for SSD benefits is unique, but there are certain things that the agency will need to see. Even if the initial application for benefits is denied, options are still available. Knowing what to expect can help you prepare for the process.

Source: Social Security Administration, Listing of Impairments, 8.00 Skin Disorders

What is Fibromyalgia?

2012-04-23T15:48:58Z

Many people may have heard of the term fibromyalgia, but do not know about the disorder's symptoms. Fibromyalgia is a disorder that affects muscles and connective tissues. Individuals that have the disorder may present a wide range of symptoms, including chronic fatigue, depression and other serious ailments.

Fibromyalgia is extremely difficult to diagnose, and because of this, people may have the disorder for a long time before any sort of treatment plan is prescribed. This may make it challenging for an individual to be able to work, as they are often in constant pain. Fortunately, Social Security Disability benefits may be available to those who are kept out of work because of fibromyalgia.

]]> However, in order to receive these benefits, individuals will need to have their applications approved by the Social Security Administration. This can be a very complicated process, as certain requirements must be met. Generally, for a condition to be called disabling, it must keep a person out of work for an entire year, or is expected to end in death.

The SSA lists certain conditions and the medical evidence that is necessary to establish that an individual is suffering from a disorder that is disabling. Unfortunately, fibromyalgia does not have a specific listing. This does not mean that those who have this condition will be prevented from receiving SSD benefits, but it does make the approval process much more difficult.

Applicants will need to give detailed information about the symptoms they are experiencing. Having their conditions medically documented will be critical to the success of their applications. Because it can be so challenging to understand the effects of the disorder, it might be difficult to prove how fibromyalgia is keeping a person from working.

Many applications for SSD benefits are denied at this first step. This does not mean that you will be out of luck, but it will be even more important to be sure to know what you need to do as your claim proceeds. Failing to provide the necessary information could result in additional delays.

Source: Mayo Clinic, Fibromyalgia

Disability and Post-Traumatic Stress Disorder

2012-04-17T13:23:18Z

There have been several news stories focusing on post-traumatic stress disorder, or PTSD. People who are suffering with PTSD have been through some type of extremely stressful life event that is causing them to suffer crippling anxiety. PTSD is very common in soldiers that have served in combat operations, and may also affect those who have been injured in accidents or have been victims of serious crimes.

This anxiety can make it impossible to interact with loved ones or be able to hold steady employment. Fortunately, those suffering from PTSD may be eligible to receive Social Security Disability benefits if this disorder is serious enough to keep them from working.

]]> One of the challenges that those who have PTSD face when applying for benefits concerns the wide range of symptoms that may be present. PTSD may cause flashbacks, nightmares, extreme social anxiety and a loss of interest in daily life. Each case is different, and it will be necessary to have medical evidence to support the PTSD claim.

It can be difficult to diagnose at first, leading many individuals to suffer while undergoing treatment. Specific criteria must be met before the Social Security Administration will decide to award benefits to a person suffering from PTSD. The disorder needs to qualify as a disability, which means that the condition has kept a person out of work for an entire year, or will end in death.

The SSA has developed a "Listing of Impairments" where it discloses the conditions that qualify as disabilities. One category is focused on mental disorders, which is closely aligned with the types of symptoms someone suffering from PTSD may be experiencing.

The process of applying for and receiving benefits can be very time consuming. It is critical to understand what is necessary when submitting an application. Any information that is missing result in a request being denied, and can lead to a lengthy appeals process.

Source: Social Security Administration Listing of Impairments, "12.00 Mental Disorders - Adult"

Is Bipolar Disorder Impacting Your Ability to Work?

2012-04-06T11:58:19Z

Bipolar disorder is a condition that can cause severe depression and euphoria. People may experience severe ups and downs. The depression can be so crippling that it will prevent a person from being able to feel anything but sadness. They may be unable to participate in any daily tasks because they are unable to escape their feelings of despair.

According to Web MD, Bipolar disorder affects roughly 5.7 million Americans. This illness is especially difficult to detect. Doctors may not consider the illness right away, leaving many people to suffer until properly diagnosed.

]]> Fortunately, people who have bipolar disorder may be eligible for Social Security Disability benefits. The Social Security Administration grants these benefits to people who have disabling conditions. In order to qualify as disabled, the condition must keep a person out of work for 12 months or end in death.

The SSA will examine each application to determine if the medical diagnosis supports the criteria for awarding benefits. For those who have bipolar disorder, the SSA will be looking for several specific items, including:

Delusions or hallucinations
Paranoia
Hyperactivity
Poor judgment
Feelings of guilt or worthlessness
Thoughts of suicide

Each application for benefits will be carefully reviewed, and any missing information may result in the benefits being denied. Applicants may then decide to go through an appeals process, which can add to an already lengthy process. It is extremely crucial to provide all of the necessary information at the time the application is filed.

The good news is that people suffering from bipolar disorder have treatment options once the illness is diagnosed. Medication and therapy can help keep the illness under control, but a flare-up can happen and any time if not monitored.

Source: Social Security Administration, "12.00 Mental Disorders - Adult"

Heart Disease - the Number One Killer in America

2012-04-02T11:47:41Z

According to the Centers for Disease Control and Prevention, heart disease is responsible for one out of every four deaths in the United States. People with heart conditions often know that they need to be aware of the signs that their conditioning may be worsening. Failing to heed these warnings may have very serious consequences.

For many individuals, this can complicate their ability to hold down a job. Tasks that are routine may become too difficult to complete. Fortunately, people with heart conditions may be able to apply for Social Security Disability benefits (SSD). These benefits are provided to applicants that qualify as disabled, which can be a time-consuming process.

]]> In order for SSD benefits to be awarded, individuals must submit an application to the Social Security Administration (SSA). The agency will review the request based upon several factors that must be met before the benefits will be approved. Failing to include the necessary information in this initial application can result in benefits being denied.

Often, many people will have their initial requests for SSD benefits denied, either for missing information or simply because the person reviewing the application does not believe benefits should be awarded. Applicants still have options available. They may appeal this decision, but this can add time to the process. This can pose severe challenges to those with serious heart conditions, who may not have the time to wait for their appeals to be processed.

Fatigue, Breathing Problems Disabling?

2012-03-30T12:36:53Z

Nearly every occupation will require some type of physical effort from an employee. Whether the job is labor-intensive, such as working in a manufacturing plant, or more light-duty, such as working in an office setting, it will be necessary to have the energy to perform these tasks.

For individuals with fatigue or breathing problems, this can make it especially challenging to hold steady employment. Depending upon the reasons for the particular ailment of illness that a person may have, Social Security Disability benefits (SSD) may be available.

]]> The Social Security Administration (SSA) will award benefits to those applicants that qualify as disabled. In order to qualify, specific criteria must be met. Generally, for a condition to be considered disabling, it must keep you from working for one year, or end in death.

The SSA divides injuries and illnesses into several different categories; for a person to qualify as disabled, he or she must present evidence which satisfy the criteria for a specific impairment.

SSD benefits may be made available to cover a wide range of conditions, such as chronic bronchitis, lung cancer, cystic fibrosis or asthma. The SSA will review medical information to determine if an applicant qualifies as disabled. For example, individuals with asthma will need to show that they have asthma attacks at least once every two months or at least six times a year. If hospitalization results due to the attacks, this will also factor into the consideration for benefits.

The SSA will require information from doctors and other medical professionals in order to determine disability. If the necessary information is not included, this may result in the application being denied. This can be extremely frustrating for a person who is not able to make ends meet. Applying for SSD benefits can be a very lengthy process, especially if appeals are necessary.

Source: SSA "3.00 Respiratory System - Adult"

Arthritis and the SSD Process

2012-03-27T13:15:51Z

For people suffering from arthritis, it can be difficult to complete many of the basic daily tasks that we take for granted. Even something as easy as getting out of bed in the morning can cause severe pain. Over time, it may be too difficult for someone with chronic pain to hold steady employment.

The Social Security Administration (SSA) may award Social Security Disability benefits to a person with arthritis, if he or she can meet the strict requirements in place. Before the SSA will consider a person to be disabled, he or she must be suffering from a condition that will keep or is expected to keep them out of work for one year.

]]> The SSA lists specific impairments that will be eligible for benefits, and the information that will be required in any application. Specific types of arthritis and arthritis-like conditions may be covered, including:

Osteoarthritis - known as degenerative arthritis or degenerative joint disease
Rheumatoid arthritis - an inflammatory disorder that specifically targets flexible joints, like those in the feet or hands
Gout or pseudogout - sudden attacks of pain in flexible joints
Fibromyalgia - chronic fatigue pain in muscles
Systemic lupus erythematosus - pain and swelling in joints and organs

The criteria to qualify for benefits will depend upon the medical problems diagnosed. Applications will need to include documentation that demonstrates how the condition is impacting a person. For someone suffering from arthritis, this can be especially challenging.

Without the proper information, a request may be denied, leading potentially to an appeal. This means that it will take even longer for an applicant to receive the benefits he or she needs to help make ends meet. Knowing how to prove the extent of your condition can help you improve the chances that you will receive benefits in a timely manner.

Source: SSA, Listing of Impairments, 14.09, Inflammatory Arthritis

TBIs may Qualify for SSD Benefits

2012-03-12T13:23:41Z

March is Brain Injury Awareness Month. According to the Brain Injury Association of America, 1.7 million people suffer a traumatic brain injury (TBI) each year. These injuries can range from a mild to extremely serious, which can require extensive treatment and rehabilitation, and may never improve.

If a brain injury is serious enough to keep someone from being able to work, the person injured may be able to apply for Social Security Disability (SSD) benefits. These benefits will be available if a person has been or is expected to be out of work for 12 months.

]]> Certain requirements must be met before SSD benefits will be approved. The Social Security Administration (SSA) lists specific criteria that must be satisfied in order for a condition to qualify for benefits. These "Listing of Impairments" catalogue each potential qualifying injury and what must be present in each case.

One of the categories that may be available to victims of brain injuries is related to organic mental disorders. This means that there is some sort of psychological or behavioral abnormality connected to a dysfunction in the brain. Applicants must show that they are experiencing one of several symptoms, such as disorientation or forgetfulness, which impact their ability to function in society.

Applying for benefits can be an extremely complicated process, and those suffering from TBIs may face challenges demonstrating the seriousness of their injuries. Symptoms may not be present right away, making it difficult to completely diagnose the extent of the injury. Recovery times may differ as well, which may lead to longer rehabilitation periods.

Every injury is different, and it is important to present a complete picture of your injuries when you apply for disability benefits. Failing to include all the necessary information may result in your request being denied.

Source: Social Security Administration Website, "Disability Evaluation Under Social Security - 12.00 Mental Disorders - Adult"

SSI Benefits Facing Review

2012-03-07T19:43:14Z

Many families have firsthand experience dealing with the challenges of raising a child with special needs. The attention that families must devote to caring for the child can lead to severe economic hardships. The Social Security Administration (SSA) offers these families an opportunity to receive Supplemental Security Income (SSI) if certain criteria are met.

]]> Recently, the SSA announced plans to undertake a comprehensive review of the SSI program. This review, to be conducted by the Institute of Medicine starting sometime within the next six months, will examine the process to ensure that benefits are going to families with disabled children. The SSI program has come under fire recently due to allegations of fraud.

In order for a child to receive SSI income, he or she must be classified as disabled. This means that there must be a condition present that either meets or medically equals one of the listings of impairment, or is functionally equivalent to one of the categories. Many families end up needing to demonstrate that the disability is functionally equivalent, and this can be a very time-consuming process.

Often, initial requests for SSI benefits are denied, which can make an already challenging situation more difficult for families in need. The review hopes to make the system more uniform, to eliminate some of the discrepancies that happen from region to region.

As the agency faces cuts in staffing, it may take longer for a decision on granting benefits. Families need to know what information they must include to show that their child is disabled. Any missing items may cause an unnecessary delay.

Source: WSHM-TV, "Officials meet in Springfield to discuss flaws in children's SSI" Samantha Lavien, Feb. 20, 2012

SSA Reviewing SSD Benefits for Speech and Language Disorders

2012-02-10T19:53:45Z

Whether we are at home, work or school, most of us will be interacting with other people on a daily basis. For these interactions to be successful, we need to be able to relay our needs, wants, questions and concerns. If we cannot someone to understand what we are saying, it can be an extremely frustrating time for everyone.

For someone with a severe speech disorder, communication is a serious problem that may prevent a person from being able to find employment. The Social Security Administration (SSA) recently announced that it was considering new rules related to Social Security Disability benefits claims for those with language or speech disorders.

]]> The changes are being considered in an effort to improve the application process. The agency wants to develop a system that provides clear guidance as to the methods that should be used when reviewing applications from those who have speech and language disorders.

The SSA is also asking those interested to submit information about some of the different types of disorders that may affect children or adults. The agency is particularly interested to learn how these disorders inhibit individuals at school or in the workplace. Each of these factors will then weigh into potential requests for SSD or SSDI benefits.

The benefits application process can take a long time to complete, and will require careful attention to detail. It is crucial to fill out the application properly, as any missing information could cause an application to be rejected by the agency. For those that are unable to work because of a disability, this delay can make it difficult to make ends meet.

Source: Federal Register, "New Medical Criteria for Evaluating Language and Speech Disorders" Social Security Administration Feb. 6, 2012.

Heart Disease May Allow for Fast-Track SSD Benefits

2012-02-02T20:12:13Z

February is a busy month for the American Heart Association. Not only is February American Heart Month, but Friday, February 3^rd, is National Wear Red Day. The AHA uses National Wear Red Day to increase awareness concerning the alarming number of women who suffer from heart disease.

]]> Each year, heart disease kills more women than any other cause of death. The campaign hopes that by putting a greater emphasis on care and heart-healthy habits that it can reduce the number of women who die each year. This year has already seen major changes in the care that those suffering from heart disease receive, as the Social Security Administration has added 12 additional conditions this past August that will be eligible for fast-track Social Security Disability benefits approval.

The added conditions will make it easier for both men and women who are suffering with heart disease to receive compensation to assist in their recovery. The seriousness of these illnesses make fast-track approval a necessity, as the lengthy approval and appeals process that awaits many SSD applicants is simply not practical for those who have heart-related conditions.

Those who apply for these benefits need to have complete applications in order to have the process move promptly. All necessary documentation must be included, otherwise the benefits may be denied. Knowing what to include and how to apply for fast-track approval under the compassionate allowances condition is a crucial step in filing for benefits.

While the SSA is assisting those who have various heart conditions, the AHA is focused on making sure that people know common symptoms that they may experience. Sudden pressure in the chest, pain in the arm, back or jaw and shortness of breath may all be symptoms of a heart attack. Those who experience any of these symptoms are encouraged to seek prompt medical care.

Source: American Heart Association, "Go Red for Women," 2012.

Number of Alzheimer's Cases Could Impact SSD Filings

2012-01-27T20:24:49Z

Alzheimer's disease will impact many families in the years ahead. Seeing a loved one struggle to recall recent events can be a difficult experience. Many people struggle with the financial and time challenges that come with when caring for someone with the disease. As more of the population begins to age, more and more people with be diagnosed with the condition.

Early-onset Alzheimer's disease can be extremely difficult to detect at first. Symptoms such as memory loss or confusion about events may be considered just part of getting older. However, this diagnosis is essential for people applying to receive Social Security Disability benefits.

]]> Early-onset Alzheimer's is listed on the Social Security Administration's "Compassionate Allowances", which means that those who have the disease will have their applications for Social Security Disability benefits fast-tracked. Without this diagnosis, the SSA does not have the information that is needed to fast-track a decision. Benefits may be delayed or applications may be denied, which may lead to a lengthy appeals process.

The next 10-15 years will see a drastic increase in the amount of Alzheimer's cases. According to the Alzheimer's Association, the number of people with some form of Alzheimer's will increase by 25 percent by 2025.

This increase will mean more people applying for SSD benefits. The application process could take much longer, leading many people to suffer financially while waiting for a decision.

The Obama Administration has made addressing Alzheimer's a priority. Several government agencies will be working together to put a plan in place that will ensure that those who are suffering from the disease receive the help that they need. Officials have set 2025 as the target date for the plan. It is hoped that by providing the necessary treatment and education that the illness may be prevented.

Source: Washington Post, "Alzheimer's families seek help now as government eyes target of 2025 for effective treatment"

Veterans Facing Long Wait for Benefits

2012-01-20T19:31:46Z

The number of soldiers coming home from Iraq and Afghanistan is increasing each day. Families that have spent so many anxious nights hoping for a safe return of their loved ones are now able to celebrate and focus on the future.

For many veterans, this can be a very unsettling time. Finding employment or continuing care for wartime injuries can lead to questions and uncertainty. While there are many programs in place to assist those who have served their country so admirably, it is not uncommon for there to be a long wait to receive veterans' benefits. With more and more soldiers returning and veterans from other wars aging, this wait could get even longer.

]]> According the Veterans of Foreign Wars (VFW), last year there were over 1.5 million veterans waiting to receive their benefits. Wait times ranged anywhere from 6 months to years if an appeal is necessary.

Many soldiers are applying for benefits due to disabilities or injuries that directly resulted from their service time. Veterans from the Vietnam War are experiencing health problems related to the use of Agent Orange, while many soldiers from Afghanistan and Iraq have been seriously injured by insurgents using roadside bombs.

Officials and legislators have made reducing wait times for veterans a priority, as many depend upon these benefits to help them make ends meet. While more attention is being focused on the issue, there are some steps that veterans can take to help the process of applying for benefits run more smoothly.

For example, when applying for veterans' benefits or Social Security Disability, it is essential that applications are completed properly. Many going through this process for the first time are unsure what to include, and may omit necessary documentation. While the process may be confusing, attorneys experienced with veterans' benefits can help ensure that applications are complete and give the agency enough information to award benefits.

SSI Benefits Can be Difficult to Obtain

2012-01-13T20:28:04Z

Children with special needs often require a great deal of expensive care. This can place a significant financial burden on parents or guardians. Flexible employment is a necessity in order to provide the child the proper attention and care.

The Social Security Administration (SSA) provides for Supplemental Security Income (SSI) to children with disabilities. It can be extremely difficult to receive benefits, since so many factors go into examining the child's application. The agency will examine the income and resources of the child's household, and if this amount exceeds a specific amount, benefits will be denied.

]]> The child's application must also show that the child is disabled. Applicants must demonstrate that there are physical or mental conditions that result in "marked and severe functional limitations", and this must last or expect to last for 12 months.

In order to receive SSI benefits, parents or guardians must show that the child's condition meets or medically equals one of the listed criteria, or that the impairment functionally equals one of the listed conditions.

Certain impairments, such as total blindness or deafness, autism or other serious conditions, may receive pre-approval while the applications for benefits are pending. Generally, the agency will need to review each application to determine if benefits are proper. Additionally, the SSA will periodically review a child's situation to see if the disability is ongoing.

Knowing what information to include that demonstrates a child's disability is extremely important. The application process can be very time-consuming, and this can be frustrating for those who depend upon the benefits to make ends meet. A lack of necessary information can cause an application to be denied, which may result in needing to reapply or appeal the agency's decision.