Social Security Disability Blog

One of our best weapons for obtaining social security benefits is the opinion of your doctor. Both the Courts and the Social Security Administration place great emphasis on the opinions of a claimant’s doctor concerning disabilities and symptoms. Your own doctor is generally given deference regarding his or her opinion, although a judge can disregard it if they specify good reasons. The case law in our jurisdiction and Social Security’s regulations are well settled: This Circuit has stated “in all cases there remains a presumption, albeit a rebuttable one, that the opinion of a treating physician is entitled to great deference, its noncontrolling status notwithstanding.” Rogers More...

How does the Social Security Administration address situations where an individual has a disability, but does not follow prescribed medical treatment, or who does not obtain treatment due to inability to afford care and due to a lack of health insurance?  Social Security Regulation (“SSR”) 82-59 addresses these situations. SSR 82-59 provides that an individual with a disabling impairment which is amenable to treatment that could be expected to restore the person’s ability to work must follow the prescribed treatment in order to be found to be under a disability, unless there is a justifiable cause for the failure to follow the prescribed treatment.  Thus, More...

Asthma and Disability The Social Security Administration provides for disability benefits in some circumstances involving respiratory conditions such as asthma, COPD, emphysema, chronic bronchitis, etc., may be disabling.  These impairments are governed by Listing 3.00, Part 404, Subpart P, Appendix 1 of the Social Security Law.  Your  respiratory impairment may be documented based on symptoms, physical signs, laboratory abnormalities, and response to a regimen of treatment prescribed by your doctor.  But, it must be established by medical evidence which is sufficiently detailed to allowed the Social Security Administration to evaluate the severity of your condition. If you have been diagnosed with Asthma, your condition may More...

The Social Security Administration has recently proposed changes to the Listings of Impairments. One way for claimants to prove disability is to meet or equal the specific criteria identified in the Listing for their medical condition.  On February 25, 2014, the Social Security Administration issued a Notice of Proposed Rule Making (“NPRM”) to the neurological disorders listings to modify the criteria for evaluating disorders such as multiple sclerosis and seizures. On February 26, 2014, the Social Security Administration issued an NPRM which proposes changes to the evaluation of immune system disorders, including HIV. The Administration has also proposed changes in recent months to the Listings More...

The Social Security Administration issued a press release on Wednesday February 19th announcing a new expedited disability process for Veterans filing for Social Security Disability.  The plan is for the expedited process is scheduled to commence mid-March 2014. In order to receive expedited service, the Veteran must tell Social Security they have a VA disability compensation rating of 100% permanent and total disability and provide proof of this rating with a their VA Notification letter.   Note that the VA rating only expedites Social Security disability claims processing, and does not provide any guarantees of approval for Social Security disability benefits.  The Veteran must still More...

Individuals who suffer from lupus (systemic lupus erythematosus) may be entitled to disability benefits under Social Security Listing 14.02.  The listing provides the criteria for disability as follows: A. Involvement of two or more organs/body systems (i.e. lungs, musculoskeletal system, kidneys, skin, etc) 1. One of the organs/body systems involved to at least a moderate level of severity; and 2. At least two of the constitutional symptoms or signs (such as severe fatigue, fever, malaise, or involuntary weight loss). Or B.   Repeated manifestations of SLE, with at least two of the constitutional symptoms of signs (noted above) and one of the following at a marked level: 1. Limitation in activities of daily More...

If you are 55 years old or older and can no longer perform your past job, you may be eligible for Social Security disability benefits or Supplemental Security Income (SSI).  Social Security’s regulations contain medical-vocational guidelines(also know as “the Grids”) that consider a person’s age, education and work experience along with his or her medical conditions when determining disability. These rules recognize that it is more difficult to find work as a person gets older (even above age 50) and is limited by the physical demands of work activity because of a medical condition. Social Security will initially evaluate your case and determine whether your More...

Can I work while my application for disability is pending with the Social Security Administration? A common dilemma for people applying for disability is financial.  How are they supposed to meet their family’s basic survival needs if their condition prevents them from working?  The problem is compounded by what can be a lengthy administrative process, i.e., a long delay, before an application is approved.  How do people survive in the interim?  Should they return to work despite their condition, putting their health in further jeopardy?  Will the judge view this limited work as a showing the claimant has the ability to work full time? Unfortunately, More...

According to the American Diabetes Association, about 25.8 million American children and adults suffer from some form of Diabetes. The full name of this condition is diabetes mellitus, and there are two major types: type 1 and type 2. Both are chronic disorders that can result in serious complications. One may be entitled to social security disability benefits if complications from a diabetes mellitus diagnosis prevent that person from working. Diabetes mellitus is listed under listing 9.00 of the Social Security Administration’s (SSA) Impairment Listing Manual. Both type 1 and type 2 diabetes mellitus disrupt the body’s production of several hormones, including insulin, which is More...

You may be concerned about the ways in which the current government shutdown will affect your disability benefits, or how your application for disability benefits will be effected. While the government is, in fact, “shut down” for the time being, some essential parts remain open. This holds true with respect to the Social Security Administration (SSA). While parts of SSA will shut down until Congress once again funds the government and the shutdown ends, other parts will remain functional. One thing that will be unaffected by the shutdown is the payment of Social Security Disability and Supplemental Security Income (SSI) benefits. The payment of these More...