Category Archives: Social Security Disability Insurance (SSDI)

If a claimant’s Social Security Disability or SSI claim is denied by an Administrative Law Judge, then the claimant has sixty days to appeal to the Appeals Council.  The request for review must be in writing in the form of a letter or on a Form HA-520-U5.  Though the Appeals Council is generally a review on the

In a Social Security Disability case, mental conditions are often involved.  The existence of mental impairments alone will not suffice unless they meet or equals a listing or the resulting functional limitations eliminate available jobs. The SSA takes the following steps to evaluate mental claims: evaluate the claimant’s pertinent symptom signs and laboratory findings to determine whether the claimant has a medically determinable mental impairment;

The funding support for the Social Security system is the collection of taxes from employees and employers under the Federal Insurance Contributions Act (FICA) and the Self-Employment Contributions Act (SECA). These taxes are based on wages paid for employment or on self-employment income derived from carrying on a trade of business and are collected by

Individuals may qualify for Social Security Disability or SSI benefits on the basis of cerebral palsy. The Social Security Administration recognizes the devastating and debilitating effects of cerebral palsy. If the cerebral palsy is severe enough and well documented, the Social Security Administration may approve a claim without even considering one’s ability to perform past

Recipients of Social Security Disability benefits often wonder about returning to work while still receiving benefits. The trial work period (TWP) “is a period during which you may test your ability to work and still be considered disabled.” A trial work period can last up to nine months, but the months do not have to

Often Social Security Disability or SSI applicants call about representation on a current claim and it is discovered there was a previously claim for benefits. If a denied claim is not appealed within the required time period, the decision or determination by the Social Security Administration (SSA) becomes final. However, under certain circumstances a previously

Claimants may qualify for Social Security Disability or SSI benefits on the basis of epileptic seizures. If the epilepsy is severe enough and well documented, the Social Security Administration may approve a claim without even considering ability to past work or other work in the economy. The requirements are set out in section 11 of

Persons suffering from lupus or systemic lupus erythematous (SLE) may qualify for Social Security Disability or Supplemental Security Income (SSI). If the claimant’s lupus is severe enough, the claimant may qualify for SSD or SSI benefits without consideration of vocational factors. SLE is a chronic inflammatory disease that can affect any organ or body system

Social Security Disability or SSI claimants often wonder whether they can receive unemployment and still apply for and be awarded Social Security Disability. A person receiving unemployment must have affirmed that he is able to work and, often, that he is actively seeking work. The question then becomes is whether the claimant’s statement about his ability to work is an

Individuals suffering from kidney disease may qualify for Social Security Disability or Supplemental Security Income (SSI) benefits. A very important feature for claimant’s qualifying for disability due to kidney or renal disease is that the usual two-year waiting period for Medicare eligibility is waived and coverage begins when the claimant becomes a beneficiary. The Social

Social Security Disability and SSI claimants received good news in July of 2012 when the Social Security Administration issued SSR 12-2p. Up until now, SSDI and SSI claimants met varying levels of scrutiny when alleging disability based on fibromyalgia. Administrative Law Judges routinely denied claims finding complaints not credible, that impairments were not severe, or

The Social Security Administration recently released information regarding Allowance Rates for Social Security Disability and SSI claims for Fiscal Year 2011. The Allowance Rates are a percentage of cases approved at the Application stage and Reconsideration. Consistent with recent years, the allowance rate in Tennessee is 24.5% at the application stage and only 8.9% at Reconsideration. Put

Social Security Disability and SSI benefits can be available to individuals suffering from labyrinthine-vestibular dysfunction or Ménière’s disease. Ménière’s disease (hydrops or endolymphatic hydrops) is an inner ear disorder that affects balance and hearing. Claimants can qualify for benefits due to disturbance of labyrinthine-vestibular function if certain requirements are met. Appendix 1 to Subpart P

In the July/August 2012 issue of Cityview Magazine, John Dreiser was recognized as one of the Top Attorneys in the area of Social Security Disability in Knoxville, Tennessee. There were only four other attorneys that gained this distinction. As noted by Cityview, members of the Knoxville Bar Association are asked to “determine which attorneys in

Individuals suffering from Sjogren’s syndrome may qualify for Social Security Disability or SSI benefits. Sjogren’s syndrome is an immune system disorder that usually first affects the mucous membranes and moisture-secreting glands of the eyes and mouth and often accompanies other immune disorders, such as rheumatoid arthritis and lupus. Complications of the syndrome include: dental cavities;

People often wonder if they qualify for Social Security Disability or SSI benefits because they have difficulty hearing. People have heard that just because they have a bad hearing loss that they will automatically qualify for SSDI or SSI benefits. Claimants can qualify for benefits due to hearing loss, but the loss must be very

Social Security Disability and SSI claimants should always be wary of incompetent representation. As discussed before, my belief is that part of ensuring competent representation is to hire a licensed attorney experienced in practicing before the Social Security Administration. A recent law review journal written by Drew Swank Non-Attorney Social Security Disability Representative and the

People often wonder if they qualify for Social Security Disability or SSI benefits for difficulties with their eyes. “Jailhouse lawyers” seem to spread the myth that if your eyes are the least bit bad, despite good correction with lenses, then you can qualify for benefits. The truth is that claimants can qualify for SSDI or SSI

Social Security Disability and SSI claimants might be interested in some of the following information regarding claims. Hearing Office Average Processing Time Ranking Report – the Social Security Administration recently released updated numbers for the average number of days until final disposition of claims from the hearing request. Some ODARs of interest for claimant’s in

Recently, we discussed the Social Security Disability benefits that a surviving spouse of an insured person may be entitled to, but what about a divorced widow or widower? Can he or she draw off a deceased insured worker? For the answer, one must look to 20 CFR § 404.331. In order to draw benefits: There