Social Security Disability Lawyer Blog

Anyone who has suffered through back pain can attest that the pain can be relentless and it can make even the simplest jobs impossible to perform. This inability to work can quickly compromise your finances, so it's no surprise that many sufferers choose to apply for Social Security disability to help cover their household expenses while they recover.

For many, the cause of back pain can be attributed to spinal injury or deterioration, most commonly a herniated spinal disc. A herniated disc occurs when there is a tear in the tough outer layer of one of your spine's discs, allowing the softer inner layer to bulge out into the spinal canal. Herniated discs often cause severe back pain as well as pain, weakness, or numbness that radiates down the back of your leg. The pain stems from irritated nerves in the spinal canal, and it can be quite debilitating for the sufferer, rendering them unable to work a normal job.

Because so many Social Security disability applicants cite back pain as their disability, the Social Security Administration is much more selective in which claims they approve and which claims they deny. Your best bet when submitting a disability claim for a herniated disk is to ensure that you have proper documentation from your physician, proving that your condition precludes you from holding down a regular job. The Social Security Administration will consider:

• X-rays, MRIs, and CT Scans of your spine depicting an obvious herniated disc that would be capable of causing the injured party considerable pain.
• A physician's objective interpretation of your scans that cites the problem areas and the plausibility of your disability claim.
• Consistent doctor's reports that assert your condition is severe and impedes your capacity to perform in your current or any other job.

Should your Social Security disability claim be denied, your disability attorney can help you gather enough evidence to help you make a successful appeal. Your back pain is real, and although it is relatively intangible as far as objective medical evidence, to increase your odds of approval you will still need to support your claim with documentation from your physician.

4 Heart Disease Impairments that May Make You Eligible for Social Security Disability

The human heart is a powerful muscle, built to pump blood throughout our bodies. When the heart is healthy, it performs its job admirably. Unfortunately, hearts do not always work as they should, and sometimes other factors interfere with the heart's performance.

For claimants that are suffering from heart disease, obtaining Social Security disability benefits can help you support yourself and your family if your illness impedes your ability to work. Your main goal in presenting your disability claim is to prove to the Social Security Administration that your condition is directly hindering you from performing your job--or any other job, no matter how low-key.

When you are building up your claim, be sure to acquire evidence from your physician, including diagnostic tests and reports that support your claim. This evidence should be provided in the initial application, so talk to an experienced disability attorney to find out what to include. If you have already made your claim and been denied, a disability attorney can work with you to create a successful appeal.

Heart disease, according to the Social Security Administration, has four consequential impairments that would make a claimant eligible for disability benefits:

• Persistent heart failure or impairment of the left or right ventricle
• Lack of blood flow to the heart (medically known as myocardial ischemia), resulting in pain, discomfort, or possibly necrosis
• Inadequate blood flow to the brain, stemming from a cardiac impediment, that sometimes results in syncope or near syncope
• Lack of oxygen in the blood, causing central cyanosis, stemming from arterial or vascular deterioration or obstruction

If, in conjunction with your heart disease, you are suffering from other symptoms, side-effects, or ailments, you may be able to present these conditions in your case. Your case will be stronger if these other conditions also prove to be obstacles in attaining, and keeping, gainful employment. Ensure your claim's success by telling your disability attorney all of your symptoms and conditions--even if they seem unrelated--so that your case can be considered in its entirety.

When it comes to submitting your Social Security disability application, claimants are more likely to gain approval if they understand what proof the Social Security Administration (SSA) requires. There are nine categories that the SSA uses to assess mental disorders and approve or deny benefits. If your ability to work is impeded by one of the following disorders, you may be eligible to apply for benefits:

1. Organic Mental Disorders - Characterized by mental and behavioral dysfunction, stemming from an organic factor, that is repetitive and/or a deteriorating condition. Specifically, these disorders cause changes or corrosion of normal cognitive function.
2. Schizophrenic, Paranoid, and Other Psychotic Disorders - Typically marked by psychotic episodes, including hallucinations, incoherence, or emotional withdrawal.
3. Affective Disorders - Conditions with marked mood disturbances. Mood disturbances could be manifested as depressive or manic episodes, or a combination of the two.
4. Mental Retardation - Stunted developmental or intellectual growth, characterized by the inability to care for themselves or otherwise function independently.
5. Anxiety-Related Disorders - Manifestations of anxieties, usually including issues like intense phobias, panic attacks, obsessions, and compulsions.
6. Somatoform Disorders - Disorders for which no physical cause can be found, but that persistently hinder the ability for the sufferer to lead a normal life. Symptoms may present themselves or may be perceived by the sufferer.
7. Personality Disorders - Marked by personality traits that resist adaptation. Traits can be mood disturbances, thought processes, or other traits like hostility, paranoia, or dependence. The disorder must not be limited to infrequent episodes, but a long-term impediment in the individual's life.
8. Substance Addiction Disorders - Affectations or changes stemming from substance abuse or addiction.
9. Autistic Disorder or Other Developmental Disorders - Marked by impaired development, usually in the realms of communication, imagination, and social interaction.

If your physician has diagnosed you with one of the above mental disorders, be sure to incorporate that evidence into your claim. It is critical that you include with your claim any documentation that you have regarding your disorder, as well as any other symptoms or disorders from which you suffer. To receive Social Security benefits, your illness or disorder must be interfering with your ability to function in your current or prior jobs, or your ability to hold down any other gainful employment.

If your claim is denied, talk to your disability attorney about possible steps for appealing the decision.

Many Social Security disability applicants are all too familiar with the symptoms that accompany asthma. Wheezing, chest tightening, coughing--asthma sufferers sometimes feel like they are suffocating. Asthmatics know that these symptoms can interfere with your life and prevent you from doing your job.

Asthma is a respiratory condition caused by the constant inflammation of the lung's bronchioles (breathing passages). Episodes can be triggered by a wide variety of factors, including pet dander, dust, pollution, seasonal allergens, foods, food preservatives, among many others. Fortunately, most asthmatics live a full and happy life. Some sufferers, however, are plagued with chronic attacks that negatively impact their ability to retain employment. These sufferers may be eligible to apply for Social Security disability benefits.

If your condition meets one of these four guidelines that the Social Security Administration (SSA) has set forth, you may be eligible to apply for benefits:

1. Inability to Work. If an asthmatic is no longer able to hold down a job--any job--because of their symptoms, the suffering party may be eligible for disability coverage.
2. Intense Attacks. For the purposes of your Social Security disability claim, your attacks must have required intensive treatment. Specifically, you and your physician must be unable to control your condition with prescribed medication, leading to hospital stays for extended treatments, like antibiotics or use of an inhalation bronchodilator, to cope with your attacks.
3. Frequent Attacks. The SSA will evaluate frequency by looking at attacks within the prior 12 month period. Eligible applicants should have had at least six attacks within that period. Patients must provide evidence of hospital stays, as well as treatment measures taken at the hospital and spirometric test results from between hospital stays which proved your airways were consistently obstructed.
4. Lasting Damage. You must be able to present a convincing case that your asthma has caused permanent damage to your lungs and bronchioles. Evidence is often in the form of a medical history, chest x-rays, and pulmonary testing.

If you meet the above qualifications, it would be in your best interest to contact a Social Security disability lawyer to further discuss your options. A disability lawyer will be able to help you through the claims process and initiate appeals should your claim be denied.

Your Family and the Social Security Disability Process

When a claimant is out of work because of a debilitating injury or illness, the claimant's family is often affected as well. The Social Security Administration (SSA) has taken some measures to ensure that your spouse and children will be cared for in addition to your own Social Security Disability benefits. Family members could be eligible to receive up to 50% of the disabled claimant's benefit rate, on top of the benefits already being distributed to the claimant.

Typically, Social Security benefits will cover several categories of immediate family members, providing they meet certain specified conditions. Your disability lawyer can help you through the application process for your family members, as well as any appeals that may become necessary upon receiving a claim denial.

The SSA considers the following three categories as eligible for disability benefits:

1. Spouses. Your spouse should be eligible for benefits if they are over the age of 62, or if they are the caretaker for a disabled child or a child under the age of 16.
2. Children. Children dependents, whether they are adopted, biological, step-children, or dependent grandchildren, may receive Social Security disability benefits on your record. Children may not be married, and they must be under the age of 18. Children that are between 18 and 19 years old and are enrolled in high school full time may also be eligible. If your child was disabled before age 22 and meets the disabled conditions for adult disability, the disabled child may be eligible for benefits even into adulthood.
3. Ex-Spouses. If you were married to your ex-spouse for over ten years, they may qualify for receiving benefits on your record. To qualify, your ex-spouse must be over the age of 62, unmarried, and not eligible for a higher Social Security benefit on their own or another person's record.

The process of being approved for Social Security disability benefits is lengthy by all accounts. So what happens when your condition necessitates more immediate financial assistance? Some claimants may be eligible to submit a Compassionate Allowance case to drastically cut the time between applying and receiving benefits. Compassionate Allowances help the Social Security Administration (SSA) quickly determine the individuals who are most obviously disabled based on minimal medical data.

Because of the pressing nature of the claim, claimants may find it helpful to employ a disability attorney. Applicants may sometimes misfile a claim or file a new claim instead of creating an appeal. These mistakes can be costly in terms of time, and disability attorneys can help claimants avoid them.

Are you eligible for a Compassionate Allowance? The SSA keeps a running list of Compassionate Allowance conditions that claimants can refer to. If your disability is on the list, you may file for a Compassionate Allowance. Some of the specified conditions include:

• Cancers, lymphomas, mesothelioma
• Some rare but traumatic conditions, like Creutzfeldt-Jakob Disease, Lesch-Nyhan Syndrome, or Degos Disease
• Spinal or brain injuries, including strokes
• Early-Onset Alzheimer's Disease and certain types of dementia

Much like other Social Security disability claims, the SSA may deny your request for a Compassionate Allowance. At that point it would be extremely helpful to seek the assistance of an experienced disability attorney. Attorneys can initiate an appeals process and give your claim a higher chance of success.