Unfortunately I come across cases that sometimes are the result of a hip replacement surgery that has not turned out very well for a host of reasons, I am often asked by clients that phone me, ”is there a disability listing for a bad hip replacement”? The answer is yes there is, it is a listing called, Reconstructive surgery or surgical arthrodesis of a major weight bearing joint, in terms we all understand a little better, this listing is referring to things such as ...
Continue Reading ShareI have had several cases involving back injuries, many people through no fault of their own have hurt their back over the years of work, and have to undergo surgery as a result, many times leaving them unable to work, and thus applying for Social Security Disability. Many times these disabilities become prevalent in the lower part of the back or lumbosacral area.
Spine disorders include, herniated nucleus, spinal arachnoiditis, spinal stenosis, osteorarthritis, degenerative disc disease, facet arthritis, verebral fracture with:
(1) Evidence of a ...
Continue Reading ShareOften I am asked what is the difference between Disability Insurance Benefits and SSI, and is it important to me? There is a very big difference between the two programs.
Disability Insurance Benefits, ie (DIB), is not a need based program, meaning, it is based on your ability to work, strictly speaking, Are you disabled under the governments rules? To qualify for DIB you first must have worked enough over the last ten years to have enough credits, generally most people ...
Continue Reading ShareMultiple Sclerosis under Social Security Disability is listed as the following:
(a) Disorganization of motor function as described in 11.04B; or
(b) Visual or mental impairment as described under the criteria in 2.02, 2.03, 2.04 or 12.02; or
(c) Significant, reproducible fatigue of motor function with substantial muscle weakness on repetative activity, demonstrated on physical examination, resulting from neurological dysfunction in the areas of the central nervous system known to be pathologically involved by the multiple sclerosis process.
Multiple Sclerosis is a disease based on ...
Continue Reading ShareThere is a listing under the rules of Social Security Disability entitled Central Nervous System Vascular Accident, this is where the listing for a stroke is contained. Social Security Disability requires the following, for you to be declared disabled under the listing of a stroke:
- Sensory or moro aphasia resulting in ineffective speech or communication; or
- Significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements, or gait and station.
A stroke may inflict many ...
Continue Reading ShareAs an Attorney representing people for their Social Security Disability I find that there are some important questions that have to be asked before the hearing or appeal of my clients claims, I thought I would share these questions with other individuals who might be in the middle of their Social Security Disability claim.
I start with the questions that in my opinion are important to Social Security, and they are as follows:
- How old was the client at the date they ...
There is a listing under Social Security Disability for poor vision. The listings for poor vision or being blind is very technical in nature, the listings are as follows:
- Impairment of central visual acuity
- Contraction of peripheral visual fields in the better eye
- Loss of visual efficiency
- Complete homonymous hemianopsia
- Total bilateral ophthalinopiegia
Each of the above listings require a medical technical explanation, however it is possible to not meet the technical listings and still be declared disabled under the listing of poor vision. Things that have to be considered range from, how ...
Continue Reading ShareOften you may here someone say, “Social Security Disability said I can take up tickets at a toll booth, they don’t think I am disabled”. What that person is really talking about is called unskilled work, skilled work, and or transferable job skills. Under Social Security there will be a determination made as to whether your past work was unskilled or skilled, and it has very important consequences.
Lets first start with who decides whether you had an unskilled job, or skilled job, Social ...
Continue Reading ShareHow does one qualify for Disability, in regards to their work history and past earnings, this does not address the medical condition, this only addresses whether you qualify to be under the Disability Insurance should you also have the accompanying medical condition that renders you disabled.
The Social Security Administration has developed a simple chart, the credits that you need under the chart are earned during your working years. You will earn one credit for every $1,050.00 dollars you make each ...
Continue Reading ShareWhat is your Onset Date? In Social Security Disability your onset date is very important. You are telling the Social Security Department that this is the day you became disabled. Many times at or before a hearing I will discover that a client has by mistake, put down the wrong date for disability, if you do not claim disability the very day you stop working, it may be hard to determine your onset date looking backwards, that is why I review ...
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