Social Security Disability Lawyer Blog

Some Social Security disability claims can take months, even years, to process. The lengthy wait time can be difficult to bear when your disability has left you without a steady flow of income. Still, there are ways to speed up the process--however incrementally. Use the following tips to ensure that your claim is being processed as quickly as possible (but keep in mind that "as quickly as possible" is still not that quick when it comes to Social Security disability):

1. Don't delay your claim. If you know you are going to apply for Social Security disability, do it as soon as your disability results in unemployment.
2. Do your research. Understand the process and be sure to provide all required documentation in your original claim application packet. Cases can sit for months waiting on doctors to send in appropriate records, so submitting these yourself is often much faster.
3. Answer your claim examiner's letters and/or calls. The examiner can only continue processing your claim when you cooperate, so provide them with any missing documents they may need and answer all of their lingering questions.
4. Show up to your consultative examination (CE). Rescheduling will only prolong the process, so try to reach your appointment on time the first time.
5. Don't delay your appeal. Appeals are necessary in many cases after a claimant's first application is denied. File, or have your disability lawyer file, for your appeal immediately. Waiting until the last minute will prolong the claims process. The same goes for requesting a hearing with an Administrative Law Judge (ALJ).
6. Write a dire need letter. Wait times for ALJ hearings can be a year, sometimes longer. This backlog can sometimes be mitigated by writing a letter to your Office of Hearings and Appeals (OHA), informing them that your financial situation is too dire to wait the normal amount of time for a hearing. These letters are not always effective, but the more documentation you attach the better. Add copies of past due bills, eviction notices, overdue mortgage notifications, prescriptions you require but are unable to fill, along with any other paperwork you have that exhibits your dire financial situation.
7. Contact your congressman or senator. A congressional inquiry on your behalf at the hearing level can sometimes result in a closer hearing date.
8. Hire a disability attorney. While this won't speed up your claim in and of itself, a disability attorney can ensure that you are providing proper documentation and that claims, appeals, and hearings are applied for in a timely manner.

Although many perceive skin conditions to be less severe than other conditions, the simple fact is that skin disorders can become severe enough to prevent claimants from performing on the job. Since skin is the largest organ in the human body, conditions affecting the skin can make life very difficult and painful for sufferers. Skin disorders are listed on the Social Security Administration's (SSA) List of Impairments, and the listing cites quite a few conditions that can become debilitating enough for sufferers to apply for Social Security disability benefits. Typically, to apply for benefits, disorders must meet certain standard requirements--most often, the persistence of skin lesions over a period of three months, despite treatment. Listed disorders include:

• Ichthyosis
• Bullous Disease
• Chronic skin infections/chronic mucous membrane infections
• Dermatitis
• Hidradenitis suppurativa
• Xeroderma pigmentosum (or other genetic photosensitivity disorders)
• Burns

The SSA assesses each skin condition based on a variety of factors, all of which contribute to the ability (or inability) of a claimant to perform any type of work.

• Severity/Extent of skin lesions - Severity can be determined by the amount of lesions across the body and their location. Lesions on the hands, joints, or feet that impair motor skills, ambulation, or limb movement may be considered severe.
• Frequency of flare-ups - Flare-ups are assessed over a 12 month period, focusing on the frequency, length of the flare-up, and how claimants cope during periods of remission. Frequent severe flare-ups that are expected to continue for a period of 12 months may be considered eligible for Social Security disability.
• Symptoms - Symptoms, including pain, will be judged when considering whether or not claimants are able to perform any type of continuous work.
• Treatment - Since many skin disorders respond to treatment, this will be a factor in judging a claimant's disability. SSA claim reviewers will consider the current or expected treatment, as well as any limitations that side-effects from that treatment may incite.

If your skin condition has impacted your ability to hold down gainful employment, contact a disability attorney to determine if you are eligible to apply for Social Security disability benefits.

Obesity, a disease characterized by a body mass index (BMI) of 30.0 or higher, has become a massive issue across the United States. Excess body weight can make it nearly impossible for some sufferers to perform every day tasks like driving, bathing, or even walking. Obesity used to be on the Social Security Administration's (SSA) list of medical impairments, allowing sufferers to claim Social Security disability benefits if their obesity prevented them from holding down gainful employment. However, now that the listing has been removed, claimants can no longer point to obesity as their sole disability to receive benefits.

There are still two ways in which obese claimants can become eligible for Social Security disability benefits.

1. The obese claimant is suffering from additional ailments, perhaps caused by their obesity. Obesity can cause severe conditions, ranging from heart disease to diabetes, most of which are on the SSA's list of medical impairments. You or your disability attorney can submit a claim using the subsequent listed condition instead of obesity to make your claim. Be sure to note in your claim the ways in which the condition, combined with your obesity, has affected your ability to work.
2. The claimant can apply for a medical vocational allowance. A medical vocational allowance is for claimants who can prove that their disability prevents them from working, despite its absence from the SSA's list of medical impairments. Your physician, or a Social Security physician, must provide the court with a statement of residual functional capacity (RFC). RFC statements specify exactly what activities your condition prevents you from performing.

If you have applied for Social Security disability benefits for your obesity and been denied, you may want to speak with a disability attorney to determine the next course of action. An experienced attorney will know which route is best for your obesity claim, and they can help you through the appeals process.

One of the reasons that Social Security disability benefits have gained a reputation for being difficult to obtain is that many claimants continuously make the same mistakes during the process. Here are the top five mistakes that applicants make, and how you can avoid them:

1. Not applying in the first place. Though the process may seem tedious from the outside (and it can be), don't be too intimidated to apply. Potential claimants often wait for years before filing, but the sooner you apply the sooner you can start receiving your Social Security disability benefits. Although, you can not file while you are still capable of working, the suffering party should apply the very first day that they are out of work.
2. Not hiring an experienced disability attorney. Many applicants worry that they will not be able to afford an attorney, but disability lawyers are not paid until they win your case. At that point, their fee is taken as a percentage of the Social Security disability back-pay that you receive. Since hiring a disability attorney significantly increases your odds of success, most claimants consider the future expense worthwhile. Most cases will require appeals, with some eventually necessitating a court hearing, so claimants are better off with an experienced professional at their side.
3. Filing a new application after the first has been denied. If your initial application is denied by the Social Security Administration, the next step is to make an appeal--not a whole new application. A new application will just go through the same initial review process as the original application did, typically resulting in another denial. An appeal will allow you and your disability attorney to argue your case in front of a judge, resulting in a much higher probability of success.
4. Missing deadlines. Appeals are allowed within 60 days of your initial claim. Missing the deadline for an appeal means that you will have to start the time-consuming process over from the beginning.
5. Not properly listing all of your symptoms. For your reviewer to understand the level of your disability, you will need to provide them with a complete, non-exaggerated list of your symptoms. Include everything from daily fatigue to drug side-effects. Without a complete list, your claim reviewer may determine that you are capable of working even when you are clearly not.

Cancer patients have enough to worry about without having to concern themselves with finding ways to pay their bills and keep a roof over their heads. Filing a Social Security disability claim during this trying time is an important step toward financial stability. Unfortunately for many patients, rules regarding claims for cancer patients require more than just proof of disability. Obtaining disability coverage for cancer is often difficult and many claimants feel most comfortable navigating the process with an experienced disability attorney.

Traditionally, for conditions to warrant Social Security disability benefits, the claimant must show (among other things) that their illness will last longer than one year or that it may prove fatal. For cancer patients, however, the treatment may have the disabled party back at work within several months. New technologies and treatments have ensured that cancer is no longer a death sentence, which is an amazing step forward for the medical community, but it adds another facet to your Social Security claims.

The Social Security Administration (SSA) has set forth guidelines for disability coverage for cancer patients in their List of Impairments, under neoplastic disease and malignancies. If your condition is preventing you from keeping or obtaining gainful employment, and your cancer meets the eligibility requirements, you should file for disability benefits. Patients having tumors or lesions that have been entirely removed in a surgical setting will typically not qualify for disability coverage. If you are concerned that your claim may be denied, speaking with a disability lawyer can help clear the air.

Helpful TIPS
• Remember to list any additional conditions on your disability claim, as the combination of your conditions and symptoms may help the SSA better assess your claim.
• If your cancer is far along, inoperable, recurrent, or has metastasized--you will likely be eligible for disability benefits.
• Should the SSA deny your claim for benefits, hiring a disability lawyer to help you through the appeals process will substantially increase your chances of obtaining the benefits you need.

Hepatitis C is a viral infection that attacks the liver, eventually resulting in damage to the liver, often manifesting in symptoms like fatigue, jaundice, or abdominal pain. To qualify for Social Security disability benefits, your Hepatitis C symptoms must be restricting you from working your current, or any other, job. You will need to provide detailed physician reports, diagnoses, laboratory tests, as well as a report from any or all of your doctors that states their professional opinion on your ability to work.

The Social Security Administration (SSA) will look at your documentation as well as the symptoms from your Hepatitis C infection and the side-effects from any treatment you are receiving. Since many of the symptoms from Hepatitis C are not objectively verifiable, like severe and chronic fatigue, you will need to ensure that you are discussing and treating these symptoms with your physician regularly and that they are showing up in your medical documentation.

As for the SSA's symptom guidelines, the following (rather stringent) symptoms are considered basis for Social Security disability benefits:

1. Esophageal varices along with a history of hemorrhages attributable to the varices.
2. Patient has had a shunt operation as treatment for their esophageal varices.
3. Serum bilirubin levels at or above 2.5 mg per deciliter, consistent across the span of at least five months.
4. Chronic ascites over a period of five months or more, exhibited by the patient having undergone abdominal paracentesis or having persistent hypoalbumnemia of 30 gml per deciliter (100 ml.) or less.
5. Hepatic encephalopathy.
6. Chronic liver disease (as made evident by liver biopsy), along with:
- chronic ascites
- serum bilirubin levels at or above 2.5 mg per deciliter
- hepatic cell necrosis or inflammation for more than three months

If you do not have one of the above symptoms associated with your Hepatitis C, you may still be eligible for Social Security disability benefits. Your best bet may be to seek out the counsel of an experienced disability lawyer (preferably one who has previously taken on Hepatitis C cases and won) to help you through the process. Your disability attorney may be able to prove your inability to work--despite not meeting all of the SSA's symptom requirements--during the appeals process or your ALJ hearing.