However, not all conditions are compensable under SSDI. May is National ALS Awareness Month. ALS is an acronym for amyotrophic lateral sclerosis. It is better known as Lou Gehrig's disease. It is important that those with Lou Gehrig's disease understand that they do meet the requirements to receive disability benefits, according to the SSDI medical requirements.
]]> There are 5,600 people that are diagnosed with Lou Gehrig's disease, or ALS, each year. ALS is a disease that attacks pathways and nerve cells to the spinal cord and brain.Many posts in this blog have discussed the laborious and time-intensive process to apply for Social Security Disability benefits. However, ALS is on Social Security Administration's list of "Compassionate Allowances." This means that the disease has been identified as an SSDI qualifying disease. Therefore, Social Security application examiners are often able to quickly identify the disease, make decisions and begin the payment of monthly benefit installments.
ALS is not the only disease for which the Social Security Administration allows a "Compassionate Allowance." There are more than 100 diseases on the SSA's list of "Compassionate Allowances."
If you are suffering from a debilitating disease and are wondering if it is on the list of "Compassionate Allowances," the list can be found online. It may also be helpful to consult a Social Security attorney who is not only familiar with the list but also familiar with the application process to ensure benefits are identified as quickly as possible.
Source: The State Journal Register, "Social Security: ALS on compassionate allowances list," Judith Bartels, May 9, 2012
]]>The Social Security Administration and the Department of Defense have recently partnered to make the application process for these benefits easier. A new electronic disability claim pilot program has been designed to help veterans, service members and their dependents.
]]> The first type of benefits to which veterans are entitled are benefits for a service-connected disability. The qualifications for this type of compensation include the following:The second type of veteran-specific benefit is a non service-connected disability pension. If a veteran is suffering from a disability that was not caused by this or her time serving the country, he or she still may be entitled to a pension from the Veterans' Association.
Veterans are sometimes also entitled to the regular Social Security disability benefits that the rest of the population can receive.
The application process will now be simplified as the SSA and the Department of Defense compiles health care data into one centralized database. This will enable the claims processers to submit one request to one location .The claims analyst should then receive the medical records within only 72 hours of their request.
This new electronic process is expected to reduce the time it takes for veterans to receive their benefits and make the disability application process less complicated. However, veterans are often wise to work with Social Security disability attorneys to ensure the application process goes smoothly.
Source: ExecutiveGov.com, "SSA, Pentagon Aiming To Centralize Electronic Disability Claims Process," Gino Troiani, May 1, 2012
]]>It was recently discovered that a man had been using two names and Social Security numbers to receive Social Security benefits. The man initially applied for these benefits almost 20 years ago, at which time he lied to the Social Security Administration and stated that he had not been working for several years. He was in fact working and continued working while he received benefits, which eventually added up to more than $241,000 in Social Security Disability income.
]]> This large sum of money is likely to outrage those whose legitimate claims have been denied. But the unfortunate fact is that people who really are suffering from a disabling injury or illness are not in an ideal position to exert themselves in gathering all of the necessary medical records, completing the forms, conducting legal research or testifying at a hearing in order to be approved for benefits. This is why SSDI applicants can benefit from working with an experienced attorney who will alleviate this burden and prepare the strongest possible case for benefits, allowing the injured or sick applicant to focus on recovery.When so many people in the country are awaiting for approval of their SSDI applications, it is truly unfortunate that a scam like this can go on for 18 years and tie up funds that could have otherwise been given to someone in need of the assistance. The only good thing is that this particular scam artist was eventually caught and sentenced to five years of probation and ordered to pay $241,119 in restitution.
Source: Philadelphia Inquirer, "Chester man gets probation in disability benefit scheme," Michael Hinkelman, April 25, 2012
]]>In just the past two years, the Social Security Administration staff has decreased by 7,000 people. This decrease in staff combined with the drastic increase in Social Security applicants and beneficiaries is creating a difficult atmosphere in the SSA offices.
]]> This decrease in staff is slowing down application reviewing procedures and this is causing frustrations with applicants. However, this is not the only frustration. One applicant stated that he or she received different information in every conversation with a representative.This issue with inconsistency of information has been raised by numerous applicants in the past few years. In fact, the complaints have been on a constant increase.
Although these trends seem to make the Social Security application process seem complicated and relatively impossible, there are ways to make the process flow more smoothly and expeditiously. Some of these strategies include the following:
Most importantly, applicants should never feel pressured to endure this process alone. When going to an SSA office, it is always acceptable to bring a family member to help keep track of information and ask questions. In addition, an experienced Social Security benefits attorney would provide invaluable assistance.
Source: Chicago Tribune, "Social Security gripes rise as staffing falls," Janet Kidd Steward, April 20, 2012
]]>Individuals that have a service-connected disability and wish to receive benefits will have to apply to the VA. The VA will first determine whether the claim is valid. Illnesses or injuries such as post traumatic stress disorder, traumatic brain injury, diabetes mellitus, gunshot or shrapnel wounds or Gulf war syndrome will often qualify for benefits.
]]> Once the VA has determined it is a valid claim, it will move on to evaluating the extent of the disability. The VA will decide upon a percentage of disability which will determine the amount of the compensation.It is often the case that a veteran will receive their service-connected disability compensation and will then later experience a worsening of the condition and become unsatisfied with their compensation. Many veterans are unaware that, if this is the case, there is a process to re-apply for benefits.
At this point, the veteran will need to fill out the appropriate request form and send it to the Department of Veterans Affairs. The VA will then reevaluate the service-connected disability to determine if it has worsened over time.
This process includes an exam and it may become complicated as the VA may require submission of medical and treatment records.
There are funds available for disabled veterans whose injuries are not connected to service through the nonservice-connected pension program. It is often very helpful for veterans to seek the assistance of an experienced professional to work through the benefits process to ensure all the necessary information is submitted correctly and that they are applying for all applicable programs.
Source: Visalia Times-Delta, "Ken Cruickshank: Understanding your benefits for service-connected disabilities," Ken Cruickshank, April 2, 2012
]]>A young woman in her 30's is experiencing this situation. She is suffering from a terminal illness that causes the blood vessels feeding oxygen to her lungs to slowly close. She may suffocate to death before she reaches the age of 40.
]]> This woman has made peace with her illness, and not being able to work because of the symptoms, but she has fallen on very hard times because she is not receiving a sufficient income. Many Americans like this woman are in a very difficult position, as they are too young to have paid enough into Social Security in order to receive disability insurance benefits. However, what she is able to receive is Supplemental Security Income. SSI provides her $830 per month.SSI is not a guaranteed benefit for the remainder of her life, however. Each year, she must reapply to receive her SSI payments. And the economic recession has made this process extremely difficult. Currently, more than 65 percent of SSI applications are being denied.
On one of this woman's recent SSI applications, her medical chart was read incorrectly. Instead of realizing that she was suffering from severely increasing pressure in her lungs, the examiner thought she had typical high blood pressure and denied her claim. She is not able to reapply for SSI until an appeals hearing 90 days later. Unfortunately, she does not know if she will be alive in 90 days for that hearing. She will quite possibly live the last days of her life without all of the medication she needs because an SSI examiner misread her application.
With the ever-changing economy, it is becoming more and more complicated to apply for SSI and SSDI benefits. Younger Maryland applicants may have a particularly difficult time and may benefit from seeking professional advice.
Source: Truthout, "In the Great Recession, Even Death Is Too Expensive for the Poor," Sanjay Basu, April 4, 2012
]]>According to an analyst for RAND Corporation, after adjusting for factors such as type of health problem and age, the standard deviation amongst SSDI examiners is still 6 percent. To clarify, this means that 15 percent of the examiners claim approval rates that are six percent higher than the average SSDI examiner.
]]> These statistics prove that up to 60 percent of first-time applicants could potentially receive different outcomes if a different examiner reviewed their file. This is too much variance and inconsistency.In addition to these general approval statistics, research has also shown that 63 percent of first-time applicants with musculoskeletal problems are approved after their first round, whereas only 39 percent of fist-time applicants with mental problems are approved.
The Social Security Administration becomes much more consistent once rejected applicants go through the appeals process. However, this is unfortunate due to the amount of time an applicant may need to wait for benefits. The SSDI appeals process can leave an individual without disability benefits for up to two years.
The question is: What can be done to rid the Social Security Administration of this initial examiner effect? RAND Corporation is suggesting the following improvements:
In addition to reviewing these suggestions, the Social Security Administration says that they are trying to use technology to increase the accuracy of their claims approval process.
Source: Life Health PRO, "RAND Analyst: Some SSDI Examiners Are Easy Graders," Allison Bell, March 20, 2012
]]>A man and his wife recently divorced. The man's wife is disabled and has been for an extended period of time. She has not worked for 10 years due to her disability. The couple divorced and the woman recently applied for Social Security disability benefits, but she was denied.
]]> Although many applications for Social Security Disability Insurance benefits are denied on the first round and later approved after a second or third application, this woman's application may have been a legitimate denial.According to the requirements for SSDI, the applicant must currently be working and then suffer a disability in order to qualify for benefits. The requirement is that you hold a job for a "minimum amount of time" before you became disabled. The minimum amount of time is variable based on applicant. The length of time will depend upon the age of the applicant.
Although this woman is not entitled to SSDI, she might qualify for Supplemental Security Income. SSI is available to low-income individuals who have a disability or blindness at any age.
As evidenced by the above situation, SSDI and SSI benefits can be difficult to understand. In a complicated situation like the one above, it is helpful to seek the assistance of an experienced Social Security benefits attorney.
Source: Fox Business, "Social Security for Spouses: Current, Divorced, Widowed and Disabled," Gail Buckner, March 12, 2012
]]>It is important for everyone to learn more about the situations that would make one eligible for Social Security as well as what is required in the application process. This preparation is invaluable in the case that an individual experiences an unexpected disability.
]]> Anyone with a medical condition that is expected to either last for a year or more and prevents them from working might be entitled to Social Security disability benefits. The application for SSDI should begin immediately upon the onset of a disability. There are numerous requirements for the application and the approval process can take many months to complete.The following are some of the items that are required for submission with an SSDI application:
Gathering all of the above information and completing the application process can feel very overwhelming and laborious. An experienced attorney can assist with the process to make sure it goes smoothly and the application is submitted without flaws.
Sometimes it is helpful to seek the assistance of these parties prior to gathering all of the necessary information. They can provide advice about the most expeditious way to complete the information gathering process.
Source: The Emporia Gazette, "All about disability," March 12, 2012
]]>In October of last year, the Labor Department reported a 12 percent unemployment rate for veterans. This is more than 3 percent higher than the national unemployment rate. These documents come as updates to guides originally created and posted in February of 2008. They are expected to help veterans and employers.
]]> The updated guides are meant to help employers understand how the rights of disabled veterans differ under the Americans with Disabilities Act and the Uniformed Services Employment and Reemployment Rights Act. The guide will help employers find and hire veterans that are qualified for open positions, as well as help employers research accommodations.In addition to helping employers, the revisions will help veterans with service-connected disabilities answer questions about the ADA and their own legal rights. These questions often arise when veterans are trying to return to previous employment or simply gain entry into the labor force.
Overall, the revised guides will hopefully make it easier for injured veterans and disabled veterans to find employment at a place that will reasonably accommodate their needs.
A few sources of disability benefits are already available to veterans. Depending on the situation, veterans are entitled to benefits through the U.S. Department of Veterans Affairs as well as through the Social Security Administration.
Source: Bloomberg BNA, "EEOC Updates Agency Publications On Rights of Veterans With Disabilities," Kevin P. McGowan, March 5, 2012
]]>Most Americans do not consider the possibility of becoming disabled and unable to work within their lifetime. However, up to 30 percent of Americans ages 35 to 65 will become disabled for at least 90 consecutive days.
]]> When an individual becomes too disabled or ill to work, disability insurance programs help supplement their income until they are able to go back to work. The two main sources of disability income are private disability insurance and government-provided disability insuranceAt the federal level, the government offers Social Security Disability Insurance and Supplemental Security Income Benefits. Social Security disability pays portions of lost income to individuals that qualify for the program and are under the age of 65, regardless of income.
Supplemental Security Income Benefits pay income to individuals over the age of 65, are blind or disabled and receive an annual income below a certain amount.
Both of these government programs are very strict as to who qualifies for income benefits. In 2008, less than 38 percent of first-time claims filed were accepted and awarded benefits.
On the other hand, private disability insurance can be purchased through a financial institution and also through employers. However, it is important to know what benefits are offered through an employer's group plan. Oftentimes employer plans do not pay more than 60 percent of the disabled person's salary and include monthly maximum benefit caps.
Understanding the different types of disability insurance available is difficult enough. When seeking disability benefits, it is important to enlist the help of a professional with experience in submitting applications, increasing the likelihood of success when the application is scrutinized throughout the evaluation process.
Source: The Record Searchlight, "Lewis Chamberlain: Know the different kinds of disability," Lewis Chamberlain," Feb. 25, 2012
]]>When tragedy strikes and someone is hurt or disabled by a debilitating injury they can apply for SSDI benefits. SSDI is paid to individuals unable to work for one year or more. Eligible applicants can receive SSDI payments until they are able to return to work or until they turn 65. At 65, former beneficiaries begin receiving Social Security retirement benefits.
]]> As we have discussed before in this blog, it is becoming more and more difficult to receive SSDI benefits. In 2011, almost 3.5 million American citizens applied for SSDI benefits and nearly 75 percent of those that applied for SSDI benefits were denied.As if the high rejection rate does not make it difficult enough, these rejections may take years to receive. Once applicants submit SSDI applications, the application goes through a five-step process of approval. The approval board is currently experiencing a backlog of two million applicants. Applicants are currently waiting more than 800 days for a response, according to some reports.
Applications are often rejected because applicants are unaware of everything that must go into an appropriate and successful application. Things that are often not properly documented include demonstrated prior earnings, medical needs and history and an explanation of the disability.
These are just the tip of the iceberg when it comes to applying for SSDI benefits. Oftentimes, benefits exist that SSDI applicants are unaware of and applicants will often give up after a rejection without filing an appeal of the benefits claim.
Due to the complicated and extensive application process, it is important to consult with a Social Security disability legal professional to ensure that all aspects of your application are executed accurately.
Source: The Street, "Disabled or Hurt? Only 800 Days to Wait for SSDI Rejection", Joe Mont, Feb 21, 2012
]]>It can become a disability for those who suffer from it, as many Maryland residents may be aware. The medical and scientific communities are not quite sure what causes the disorder or how to treat it. Chronic fatigue syndrome has been in the news lately, after a 2009 scientific report about the cause of the condition was recently refuted, and the main researcher of that study now faces criminal charges.
]]> Chronic fatigue syndrome can be very debilitating, with symptoms that include muscle pain, weakness, impaired memory and insomnia. For years, patients accused the medical and scientific community of abandoning them by not researching this disease. Hope came in 2009 when a small research center published a study that indicated a little-known mouse retrovirus causes the disease.Patients began hoping a cure may be developed, and some began taking antiretroviral drugs in hopes of treating their condition. However, the findings of this research were recently discredited after several studies failed to confirm the results. Many scientists said the results of the first study were due to a laboratory contamination.
The study's lead researcher continued to work to replicate her initial study, but after much controversy, she left her position at the research institute. She has now been accused of stealing notebooks and other items when she left, and a criminal case is pending.
Although the drama about this research into chronic fatigue syndrome may have been a roller coaster ride for those who struggle with the condition, there may be a bright side. It appears that research efforts are now increasing. Many scientists now tend to believe that infectious agents or exposure to toxins sets off an immune response that causes the symptoms of chronic fatigue syndrome.
Many who suffer from chronic fatigue syndrome are so mentally and physically exhausted that they cannot work. Because knowledge about chronic fatigue syndrome is very limited, it can be difficult to prove to the Social Security Administration that one suffers from the debilitating condition. It is often important to have the help of an advocate to secure disability benefits.
Source: New York Times, "Fallout From Fatigue Syndrome Retraction Is Wide," David Tuller, Feb. 6, 2012
]]>There has been a lot of political pressure lately to cut the federal funding for Social Security disability benefits, amidst public reports that unemployed people and other con-artists are undeservingly receiving Social Security disability benefits. This, among other things, is making it more and more difficult for those with legitimate qualifications to receive Social Security disability approvals.
]]> The Social Security Disability System is very complex, and it has its flaws, but there are many Americans who deserve and qualify for the system's benefits, but have trouble securing them.While there exists a wide range of conditions that allow people to apply for Social Security disability benefits, certain conditions have been disqualified in recent years. These include undocumented pain, drug abuse and alcoholism. Additionally, the standards to receive benefits for mental retardation and HIV have become much higher.
Illegal immigrants have also been disqualified from taking part in the disability benefits process as well.
For any condition, an applicant needs to present medical evidence of their disability to the Social Security Administration, and often, it can be difficult for people to find the proper documentation.
The Social Security Administration is a very large government program that does have problems and intricacies which make it very difficult to navigate. Many claimants benefit from the assistance of a legal professional who can help them apply, and appeal if necessary, for benefits.
Source: USA Today News, "Editorial: Disability claims swelling in recession," Feb. 12, 2012
]]>Since the early 1970s, the number of people benefitting from Social Security Disability Insurance has quadrupled. One driving factor for this is the improvements in medical technology in America. Beneficiaries are living longer now than they were at the outset of these benefits in the 1950s.
]]> In addition to medical improvements, the increase in beneficiaries is also due to the growing number of claims being awarded to victims of mental illnesses and pain. Today these account for more than 50 percent of the claims awarded. A generation ago the most common claims were due to cancer and heart disease, which now account for only 20 percent of the claims awarded.Nationally, about 4.6 percent of the population is still of working age but disabled. This is a significant increase from the 2.5 percent in the 1980s.
Social Security disability claim applications are most likely to come from poor, rural communities. This is largely because these communities are located in areas where mining and manual labor dominated regional industry and access to education and medical care is limited.
In addition to this increase in applications for Social Security disability benefits from people with legitimate medical conditions, there are also individuals who are not disabled but who try to trick the system by filing fraudulent claims.
The combination of the explosion in the number of disabled Americans at working age, aging baby boomers focused on the retirement side of Social Security, and those trying to trick the system has made it difficult for individuals in need of disability benefits to have their claims approved.
The system is clogged with an abundance of applications, many of which are denied on the first round. In some cases, undeserving applicants are ruthless in their continued applications while others truly in need of benefits lose hope and give up.
Many expect this trend of increasing applications and the laborious process to gain claim approval to get worse before it gets better.
Source: The Kansas City Star, "Rural communities have strongest reliance on disability benefits," Rick Montgomery, January 29, 2012
]]>