Blog posts

Are Disability Benefits Subject to Child Support Payments?

Submitted by John on

The children of disabled workers generally receive an auxiliary benefit from the Social Security Administration (SSA). Social Security Disability (SSD) benefit payments are intended to provide financial support for the entire family, including the children living with them. Some disabled workers may also be eligible for Supplemental Security Income (SSI) benefits as well as other types of support, like Medicaid and Medicare, Temporary Assistance for Needy Families (TANF), and food stamps, among others.

Applying for SSD with Scleroderma

Submitted by John on

June is Scleroderma Awareness Month, making it an excellent time to discuss in greater detail the process of applying for Social Security Disability benefits with a diagnosis of Scleroderma.

Scleroderma is a chronic, auto-immune disease that primarily affects the skin but can affect the organs and other tissues of the body as well. Anyone who lives with this condition can attest to its disabling nature. Although the Social Security Administration has reviewed Scleroderma – especially in its more systemic forms – for inclusion in the Compassionate Allowance program for disability benefits, it has not been approved for expedited processing under the CAL guidelines.

The CAL program encompasses more than 150 conditions that are clearly disabling, including terminal illnesses. Applicants who seek SSD benefits with a diagnosis included in the CAL program are not subject to the same rigorous review procedures and lengthy delays as are many applicants. The program is intended to get benefit payments started for individuals who are clearly disabled more quickly and without procedural red tape.

The standard SSA review procedures for disability benefits apply regardless of how severe the affects of your Scleroderma may be. Even if you have one of the more systemic forms of the condition in which multiple organs are involved, you will still be required to proceed through the standard steps for applying for SSD benefits. In other words, your initial application for benefits may take three or more months to be reviewed and you may be denied benefits at this stage.

If you are denied benefits, you may go through a second review by the Disability Determination Services office. You may also need to file for an appeal, if you’re denied a second time. The whole process can take a number of months. Because the review procedures of the DDS are quite involved, the more detailed your application is, the less likely you are to see delays in approval of benefits.

The more thorough you’re able to make your application for SSD the better. Your file should contain substantiating medical documentation proving diagnosis and showing the affects of the condition and the treatments for it.

Because Scleroderma is a progressive disease and affects each patient differently, every application for disability benefits filed with a diagnosis of Scleroderma will be unique. Your application must contain thorough documentation of how your specific case of Scleroderma affects you.

Every doctor involved in diagnosing, treating and reviewing your Scleroderma should compose a statement for your case file. Your application should also include extensive medical record. Test results, lab work, imaging scans, medications prescribed and all other medical records should be present in your file in order to expedite the review and approval of your claim.

In order to shorten the wait for disability benefits and prevent the need for additional reviews, your application should be painstakingly detailed. Seeking legal assistance in putting together your initial application can make the process less cumbersome and help ensure you receive the benefits to which you may be entitled.

Denial of SSA Disability Benefits Perpetuates Homelessness

Submitted by John on

According to the National Law Center on Homelessness & Poverty, denial of Social Security Disability benefits plays a significant role in perpetuating homelessness for individuals throughout the nation. In a report released May 16, 2012, the Center attributes high denial rates for Social Security Disability Insurance benefits and Supplemental Security Income for the homeless to procedural factors in the application and review processes of the Social Security Administration.

Social Security Disability and the Homeless

Applying for SSD with Myasthenia Gravis

Submitted by John on

As Myasthenia Gravis Awareness Month, June is the perfect time to discuss how to go about applying for Social Security Disability benefits with a diagnosis of Myasthenia Gravis.

Myasthenia Gravis is an autoimmune disorder that affects several muscle groups of the body, commonly including those in the face, neck, chest, arms, hands and legs. For each individual with the condition, its affects can be different, causing severe disability in some, while allowing others to live a fairly normal life. Additionally, some respond well to available treatments, while for others nothing alleviates symptoms.

Because the limitations of Myasthenia Gravis can vary, proving eligibility for Social Security Disability benefits with the condition requires substantial medical documentation. You must show your particular case of Myasthenia Gravis significantly limits your ability to perform everyday tasks and makes it impossible for you to hold a job.

The Social Security Administration approves applications for SSD benefits for Myasthenia Gravis under two different circumstances. The first is when the applicant fully meets the criteria laid out in the SSA’s blue book, which is the standard list of impairments and conditions the SSA recognizes as disabling in nature. To meet the blue book criteria, your Myasthenia Gravis must cause you serious issues despite prescribed treatments.

The second manner in which Myasthenia Gravis can qualify for disability benefits is when the condition affects muscle function so significantly that it makes it impossible sustain substantial gainful acitivty. If you’re unable to earn more than $1,010 per month because of your Myasthenia Gravis symptoms, then you may qualify for SSD benefits.

Regardless of which circumstances apply in your particular case, your application for SSD benefits must still be thorough and complete. While a blue book case of Myasthenia Gravis may result in a faster approval of benefits without requiring additional reviews or appeals, the documentation present in your application is what will determine how quickly you may be approved to receive disability benefits.

Proving Myasthenia Gravis severely limits your ability to work can be difficult. This is especially true because for most people, the nature of the condition is such that symptoms worsen with activity and decrease upon resting. Medication can often help reduce the affects of symptoms and can make it possible for many to maintain a fairly normal level of activity without suffering severe and lasting muscle weakness.

In order to prove your Myasthenia Gravis is truly disabling, you’ll need to work closely with your doctor to document the affects it has on your everyday life and your ability to hold gainful employment. You’ll need to show that muscle function is frequently severely compromised. To accomplish this, a neurologist will need to perform tests that fatigue your muscles. The physician will then document how rapidly muscle weakness appears, how long it lasts, and how often such episodes are a problem for you.

Ultimately, the manner in which you document your disability in your application is what determines if you’ll be found eligible to receive SSD. Understanding the application and review process, the SSA’s standard definitions, and the Disability Determination Services procedures can help you increase your chances of being approved for benefits. This is why many people decide to seek legal assistance from a disability attorney who is familiar with the SSA’s processes. For more information, check out this article about how to apply for Myasthenia Gravis with Social Security Disability

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Access to the ALJ Decision with Online Representative Services

Submitted by John on

Anyone who has applied for Social Security Disability benefits knows exactly how long and drawn out the disability claim and appeal process can be. Those who are denied during the initial stage of the disabilitu benefits application(which, itself, takes three to six months to complete) must undergo the process of appealing the decision (which takes another three to six months).