SSDI

In my previous post, I discussed the Social Security Administration’s definitions of the elements of disabling musculoskeletal disorders. Now that you understand what musculoskeletal disorders are, it’s time to delve into what it’s going to take for you to qualify for disability benefits from Social Security. One of the most important Social Security questions to ask when it comes to this type of disability is: are you suffering from a “loss of function”?

Social Security Disability Benefits for Major Joint Dysfunction

There are essentially two ways to get disability through Social Security: you can work to prove that your health issue prevents you from working at any job you’re qualified for in the country using the SSA’s “Five Step Sequential Evaluation Process”, or you can show that your condition meets or equals one of their Listings of Impairments.

What are the SSA’s Listing of Impairments? It’s the set of standards or medical criteria that the SSA has defined for an individual condition that will automatically qualify someone for disability if they can show that they meet them.

Turn on the news any given day and you’re almost guaranteed to hear about how the government is dealing with some sort of crisis with the budget. Either there’s not enough money or we’re spending too much money or (far more likely in recent years) the two parties simply refuse to compromise to make anything happen. But what really bothers me is when they attack Social Security and Disability, saying that it needs to be completely overhauled or reformed or fear-mongering with tales of the program running out of money.

Want the truth? Well, as luck would have it the Center on Budget and Policy Priorities put together a list of the top ten facts about Social Security at the end of 2012 to clear up misinformation, and right now seems like a good time to bring them up again.

If you’re thinking about applying for disability, you probably want to know about the kinds of things that might affect whether you win or lose your claim. Is there a certain time of year that’s better? Do people with your disability typically end up receiving benefits?

Well, recently the Social Security Advisory Board looked into a variety of factors to determine what influenced a claimant winning or losing their claim at the initial level. It didn’t go into the appeals process, so that’s a completely separate issue. What are these factors?

If you’re thinking about applying for Social Security Disability, you need to be able to show that your condition prevents you from engaging in SGA, or substantial gainful activity. In a nutshell, that phrase means that your disability is keeping you from making a living through work.

Normally, if someone is employed and able to receive a sustaining income, despite their disability, this is the end of the matter. You’re just not going to get disability benefits while earning money. However, according to the SSA’s own rules, things are a bit different where self-employment is concerned.

Often when you go through a Social Security Disability appeal, there’ll be a vocational expert (VE) who provides testimony at the hearing. These people specialize in what level of physical and mental exertion is required for various jobs and can basically say whether or not you’re able to continue to work based on what you’re qualified for and the jobs that are available. Their testimony is very important and can convince an Administrative Law Judge leaning one way or the other to either award you benefits or deny your claim.

Recently, though, I’ve read some troubling accounts of judges relying on findings not from vocational expert testimony, but from something called the “Vocational Consultant’s Form.”

In this day and age of government cutbacks and close scrutiny into everything to see where money can be saved, it should come as no surprise that a lot of people are looking into Social Security Disability insurance. Is it really needed? Does it truly help?

Back in July, an Urban Institute Brief was released that asked those very questions. For anyone who has ever received disability benefits or worked with claimants, the answers won’t be surprising: not only does SSDI help, it’s vital to millions of Americans and their families. Of course, simply saying that probably isn’t enough to convince some people, so let’s break down what they cover in the brief.

With our country still trying desperately to recover from the financial crisis and forge a path for our future, it’s no surprise that various factions have been flooding the media with myths and misinformation about Social Security Disability.

Because of this, today I’d like to spend some time describing some of the most common myths I’ve heard, and then offer you the truth as someone on the front lines of this issue sees it.

Myth: Fraud has caused disability numbers to swell. Talking heads everywhere have been blaming the growing number of people getting disability on scammers and frauds. These people, they say, are taking advantage of a safety net that was only put in place to help people in dire circumstances. In at least one instance, a well-known TV personality claimed that 8.8 million Americans were fraudulently getting disability.

As a Social Security Disability attorney, I understand that mental disabilities are always a tricky subject when it comes to getting Social Security Disability. There are numerous issues concerning the definitions of quite a few conditions and many judges will simply deny that certain disabilities even exist if they aren’t clearly listed.

This often leaves people who are truly in need of assistance waiting until the necessary updates are made so that their issues are recognized. But there’s another way that these types of problems can be tricky, too which concerns what medication you’re on, how they works, and how you’re taking them.

People considering filing a disability claim often have a ton of Social Security questions about Medicare and what kind of health insurance they can get.

The problem, as any Social Security Disability attorney can tell you, is that disabled individuals are often left uncovered due to the excessive waiting periods to get on government programs. For Medicare, there’s a 24-month waiting period but that’s not the end. You also have a 5-month wait for Social Security Disability Insurance. That’s just under two and a half years without health insurance!

How can someone make sure that they are covered during this time? Unfortunately, options are extremely limited.