Social Security Disability Lawyer Blog

A Social Security medical exam, which is officially known as a Consultative Examination (CE), is essentially a doctor's appointment during which an independent medical examiner conducts medical testing. The examiner's assessment helps Social Security make a decision regarding your claim.

If Disability Determination Services requests that you attend a CE, there's no need to be concerned, but you do need to make sure that you attend the exam. Failure to attend a CE could be considered a "failure to cooperate" and potentially lead to the denial of your claim. If you are unable to make it to your CE appointment for whatever reason, be sure to have it rescheduled.

The process of applying for Social Security Disability can often take months, or even years, depending on the circumstances. To ensure that claimants coping with serious medical conditions promptly receive benefits, the Social Security Administration developed the Compassionate Allowances program. If you have been diagnosed with one of the conditions on the Compassionate Allowances program's list, your application for Social Security Disability benefits will be fast-tracked.

Have you or a loved one been diagnosed with a condition that's listed under the Compassionate Allowances program? For someone who's coping with a serious illness, dealing with the hassles and lengthy duration of the standard application process while losing the ability to perform normal daily activities and covering major medical expenses can be overwhelming, to say the least. To ensure that you receive the benefits you urgently need, consider contacting an experienced disability lawyer for help with preparing and submitting your Social Security Disability application.

There are two ways for disabled children to receive Social Security Disability benefits. One way is through the Supplemental Security Income (SSI) program, and the other is through the Social Security Disability Insurance (SSDI) program. Through the SSI program, children are entitled to receive benefits from birth to the age of 18 if their impairment meets the definition of disability for children and their parents have low income and limited resources.

Through the SSDI program, adults can receive benefits if they have a disability that began before they reached the age of 22. The SSDI benefits are considered "child's" benefits since they are based on a parent's Social Security earnings record. Under both the SSI and SSDI programs, children must not be engaged in substantial work and they must have a disability that is expected to last at least 12 months or longer.

Children's Benefits under the SSI Program

Benefits under the SSI program are given to disabled children under the age of 18 years of age who come from families with little income and resources. The monthly payments are based on need rather than prior work. The amount of the SSI payment varies from one state to the next, as some states add to the payment.

It generally takes three to five months for a decision to be made regarding a child's SSI application. For certain conditions, including HIV, total deafness, and Down syndrome, payments will be made right away for up to six months while the state agency makes a decision.

Even if a child is considered disabled under SSI program rules, he will not be eligible to receive benefits if his household's income and assets exceed the allowed limits. When your child turns 18, the rules for adults will be used to determine whether he's disabled. Furthermore, if your child was not eligible for SSI benefits because you or your spouse had too much income and resources, your child may become eligible for SSI benefits at the age of 18.

Children's Benefits under the SSDI Program

For an adult whose disability began before the age of 22 to receive SSDI benefits, one of his parents must be receiving Social Security retirement or disability benefits, or must be deceased and have worked long enough to qualify for Social Security benefits. Your child does not need to have worked to receive SSDI benefits.

Under the SSDI program, a decision regarding your child's disability will be made based on the rules for adults. In other words, your child's condition must be severe enough to prevent him from engaging in any substantial gainful activity in order for him to qualify for benefits.

Applying for Social Security Disability Benefits for Your Child?

Be prepared to tell Social Security as much as you can about your child's medical condition. Social Security will contact your child's doctors directly for any reports or information they need, though you can give them the dates of visits to doctors or hospitals, patient account numbers, and any other information that will help them get your medical records. For help gathering the appropriate evidence and to increase the chances of winning your child's claim, contact disability attorney Louis B. Lusk today for a free evaluation.

The process of applying for Social Security Disability gets a bad rap, but a lot of what people believe to be true about Social Security Disability is nothing more than myth. It's important to get your facts straight before initiating the application process because it could make the difference between winning and losing your claim. Here are the top 6 myths about applying for Social Security Disability.

1. Everyone gets denied the first time they apply for Social Security Disability

The percentage of first-time applications that get denied is high (around 70%), but if you submit all of the documents that the Social Security Administration requests, as well as sufficient medical evidence, there's a fighting chance that your application will get approved. To maximize the chances of approval, consider hiring legal help.

2. It's better to file a new application than to file an appeal

This is untrue. If your first application gets denied, your second application will most likely be denied for the same reason. Statistics show that most applicants are awarded benefits after attending a hearing with an administrative law judge, so if the initial application gets denied, find legal representation and file an appeal.

3. You do not qualify for benefits if you have been addicted to drugs or alcohol

If you have abused drugs or alcohol in the past, you are not automatically disqualified from obtaining benefits, but your application will not be approved if your medical records show that drugs or alcohol abuse caused or worsened your condition. You will have a better chance of winning your case if you have been sober for at least six months and you can prove that your alcohol/drug addiction is irrelevant to your medical condition.

4. If you have a listed medical condition, you will get automatically approved

If you have an impairment that is listed in Social Security's Blue Book, it will be slightly easier to get your application approved, but approval won't be automatic, either; there has to be sufficient medical evidence supporting your claim. Even if your medical condition is not listed in Social Security's Blue Book, you can still be awarded benefits as long you can prove that the symptoms have rendered you unable to work.

5. You do not qualify for benefits if you've never worked

In some cases, you can qualify for benefits, even if you've never worked. For instance, if you have been disabled since childhood and your disability was determined prior to reaching the age of 22, you may qualify for Social Security Disability benefits based on your parents' Social Security payment history. If you became disabled as an adult, you may still qualify for benefits under the Supplemental Security Income (S.S.I.) program, as long as your household income and assets meet SSI requirements.

6. The application process takes years

It's true that some claimants have had to wait months or even years to receive a decision regarding their application, but that is not always the case. Oftentimes, it is possible to receive a decision in just a few months. If your condition qualifies for the Compassionate Allowance (CAL) program, your claim will be expedited. In fact, it can take as little as 20 days to receive a decision under the CAL program.