Harlan Still & KochColumbia Social Security Disability Attorneys | Workers' Compensation2024-03-13T19:35:53Zhttps://www.harlan-still.com/feed/atom/WordPressOn Behalf of Harlan Still & Kochhttps://www.harlan-still.com/?p=482172024-03-11T19:36:42Z2024-03-13T19:35:53ZWorking while getting SSDI
It is possible to work and receive SSDI benefits simultaneously. However, there are limitations and guidelines involved. The Social Security Administration offers programs such as Ticket to Work and Trial Work Periods to incentivize people to re-enter the workforce without jeopardizing their SSDI benefits.
The Ticket to Work program provides access to vocational rehabilitation services, employment support and other resources. A Trial Work Period gives people with disabilities a chance to test their ability to work without immediately losing their SSDI benefits. These programs provide flexibility and support to those seeking to increase their income through work while still receiving disability benefits.
Understanding the Substantial Gainful Activity limit
The Substantial Gainful Activity limit is another important factor to consider when working while on SSDI. The SSA defines SGA as the level of earnings substantial enough to demonstrate an individual's ability to engage in gainful employment. Earning more than the SGA limit may result in a reduction or cessation of SSDI benefits.
Ultimately, working while receiving SSDI can provide financial stability and independence for individuals with disabilities. In doing so, it empowers them to pursue their professional goals while still receiving necessary support.]]>On Behalf of Harlan Still & Kochhttps://www.harlan-still.com/?p=482162024-02-27T21:16:47Z2024-02-28T21:15:10ZTypes of medical evidence
Medical evidence includes any documentation from healthcare providers that supports your disability claim. This can include doctor's notes, test results, treatment plans and statements from healthcare providers. The more detailed and comprehensive your medical evidence, the stronger your case is likely to be.
In addition to medical records, the SSA may also consider other types of evidence, such as statements from friends, family members or employers, as well as information from vocational experts. However, medical evidence is generally given the most weight in determining disability.
Evidence gathering
When gathering medical evidence for your disability claim, be thorough and organized. Make sure to collect all relevant medical records and keep them in a safe place. You may also want to consider keeping a journal or diary of your symptoms and how they affect your daily life. This can provide additional evidence of your disability.
Keep in mind that the Social Security Administration has specific criteria for determining disability. Your medical evidence should clearly demonstrate that you meet these criteria.
Evidence submission
When submitting medical evidence, it is important to include documentation of both your diagnosis and the functional limitations of your disability. This can help the SSA understand how your disability affects your ability to work and perform daily activities.
Medical evidence can make or break your Social Security Disability claim. By submitting detailed and comprehensive medical evidence, you can improve your chances of a successful disability claim.]]>On Behalf of Harlan Still & Kochhttps://www.harlan-still.com/?p=482152024-02-16T19:21:53Z2024-02-16T19:21:53ZIs the SUD material to the disabling condition?
Did a person’s abuse of alcohol and/or drugs cause or worsen the condition? Would stopping or even cutting back on the substance(s) improve the qualifying condition enough that an applicant would again be able to work? That’s what disability examiners will need to determine. If the answers to those questions are yes, an SSDI application is likely to be denied.
If the SUD didn’t cause their disabling condition and stopping or minimizing the use of the addictive substances would have little or no effect on it, it’s likely not going to affect an applicant’s chances of getting benefits. Examiners look at medical histories when making their determinations, so it’s important for applicants to be upfront about what they’ve been through and what they’re still grappling with.
Some exceptions to note
If a person’s addiction is to prescription medications that they need to manage their disabling condition, that likely won’t be grounds for denial of benefits as long as they’re taking the amount prescribed. Unfortunately, that’s typically not how addiction works. Further, if the Social Security Administration (SSA) approves benefits for someone with a qualifying condition and an SUD, it has the right to require them to get substance abuse treatment.
If you or a loved one has been denied benefits because of an SUD (or any other reason) or you just have questions or concerns, seeking experienced legal guidance is always an option.]]>On Behalf of Harlan Still & Kochhttps://www.harlan-still.com/?p=482142024-02-10T16:34:48Z2024-02-14T16:33:51ZWhy wait times are increasing
Another factor contributing to longer wait times is the complexity of the SSDI application process. Applicants have to provide extensive documentation and medical evidence to support their disability claims. This can prove time-consuming, and this documentation can prove challenging to gather. The SSA's strict eligibility criteria and stringent review process also mean the administration denies many initial claims, resulting in lengthy appeals and further delays.
How longer wait times impact applicants
The increasing wait times for SSDI claims have significant consequences for applicants who cannot work due to disabilities. Many individuals rely on SSDI benefits to cover essential living expenses such as housing, food and medical care. Delays in receiving benefits can cause financial hardship. They can also exacerbate existing health conditions, leading to further stress and uncertainty for applicants and their families.
According to AARP, the average wait time after filing an SSDI claim in 2024 is 225 days. In 2016, the average waiting period was 110 days. Addressing the challenges contributing to long wait times requires increased resources, improved efficiency in claim processing and greater support for applicants navigating the disability benefits system.]]>On Behalf of Harlan Still & Kochhttps://www.harlan-still.com/?p=482122024-02-07T20:00:29Z2024-02-07T20:00:29ZQualifying criteria for SSI eligibility
Applicants must have little to no income to qualify for SSI. The program considers income from various sources, including:
Wages
Social Security benefits
Pensions
However, certain types of income, such as gifts and assistance from friends or family, may not count towards the income limit for SSI eligibility.
In addition to having limited income, SSI applicants must also have little to no resources. Resources include assets such as:
Cash
Stocks
Real estate
To qualify for SSI, individuals must have a disability or blindness or be aged 65 or older. The Social Security Administration (SSA) defines disability as the inability to engage in substantial gainful activity due to a physical or mental impairment that is expected to last for at least 12 months or result in death. For adults, the impairment must prevent the individual from performing work-related activities.
SSI benefits for adults
The program provides monthly cash payments for adults who qualify for SSI. This can help the recipient cover basic living expenses. The amount of the SSI benefit varies depending on factors such as:
Income
Living arrangements
Marital status
In addition to cash assistance, SSI recipients may also qualify for Medicaid, a program that provides health coverage for low-income individuals and families.
SSI benefits for children
Children with disabilities may also be eligible for SSI benefits. The benefits for children can help families cover the costs associated with caring for a child with a disability, including medical expenses, therapy and assistive devices. In addition to providing financial assistance, SSI benefits for children may also open up access to other programs and services designed to support families with disabled children.
Supplemental Security Income (SSI) plays a crucial role in providing financial support to individuals with insufficient income and resources who are disabled, blind or aged 65 or older. Although most people associate SSI with monthly payments for adults, children can also be eligible for SSI benefits if they meet the program's criteria.]]>On Behalf of Harlan Still & Kochhttps://www.harlan-still.com/?p=482112024-01-29T20:54:27Z2024-01-31T20:54:19ZUnderstanding Social Security Disability
The Social Security Disability Insurance program assists people with certain disabilities. Conditions that hinder an applicant's ability to engage in gainful activity may qualify. Respiratory problems such as asthma, as well as more severe ailments, are among the conditions that often qualify for SSDI.
Listing of impairments
The Social Security Administration maintains a comprehensive listing of impairments pertaining to SSDI. This list outlines medical conditions that are severe enough to prevent an individual from working. A full list of qualifying respiratory conditions is available in the SSA's Section 3.00 – Respiratory Disorders. To qualify for SSDI, your respiratory problem must meet specific medical criteria outlined in the listing.
Meeting the medical criteria
The medical criteria for respiratory disorders include impaired lung function, recurrent respiratory infections and limitations in the ability to perform daily activities. It is important to acquire medical evidence such as test results, imaging studies and physician assessments. These can confirm the severity of your condition during SSDI evaluations.
Respiratory problems can, in fact, qualify for Social Security Disability benefits. You can secure the benefits you deserve by highlighting functional limitations imposed on you by your condition. SSDI could provide the support you need to maintain financial stability despite the medical conditions you face.]]>On Behalf of Harlan Still & Kochhttps://www.harlan-still.com/?p=482102024-01-17T19:53:51Z2024-01-17T19:53:51Z1. Lack of sufficient medical evidence
One primary reason for SSDI denials is insufficient medical evidence. The Social Security Administration requires comprehensive documentation supporting the claimant's medical condition. Inadequate or incomplete medical records may lead to a denial, as the SSA relies heavily on medical evidence to assess disability claims.
2. Failure to follow prescribed treatment
Applicants must demonstrate that they are actively pursuing the prescribed treatment for their condition. Failure to adhere to recommended medical treatments without valid reasons can result in a denial. The SSA expects individuals to make reasonable efforts to improve their health through appropriate medical interventions.
3. Engaging in substantial gainful activity
The government grants SSDI to individuals who are unable to engage in substantial gainful activity due to a disabling condition. If the SSA determines that an applicant is currently earning income at or above the SGA threshold, it may lead to a denial. The SSA evaluates both the nature of the work and the income earned to make this determination.
4. Lack of cooperation with the SSA
Applicants must cooperate fully with the SSA during the application process. Failure to provide requested information or attend medical evaluations can result in a denial. Cooperation is an important aspect of demonstrating the seriousness of one's disability claim.
5. Disability duration considerations
To qualify for SSDI, the applicant must have a disabling condition expected to last at least 12 months or result in death. If the SSA determines that the disability is not of sufficient duration, it may lead to a denial. Providing clear evidence of the expected long-term impact of the condition is crucial.
Understanding these common reasons for SSDI denials can help applicants address potential issues early in the process.]]>On Behalf of Harlan Still & Kochhttps://www.harlan-still.com/?p=482092024-01-04T04:27:24Z2024-01-04T04:27:24ZCompensation
The Social Security Administration calculates monthly SSDI payments based on an individual's average lifetime earnings. These payments aim to provide financial support for those with disabilities hindering substantial gainful activity.
As of November 30, 2023, there were almost 7.4 million SSDI recipients. The average monthly benefit was $1,489.26.
SSDI eligibility
Getting compensation for an accident does not automatically disqualify you from SSDI. However, the type of compensation and the extent of your disability are vital considerations. SSDI looks at how severe your impairment is and whether it matches the SSA's definition of a disability.
Offset provisions
When deciding monthly SSDI benefits, the SSA may consider compensation received for an accident. They have offset provisions to prevent receiving double financial assistance for the same disability-related expenses.
Timing matters
You should apply soon after your disability begins, as delays can impact the approval process. If you have received compensation for damages, it is important to assess how your disability affects you and apply for SSDI within a reasonable timeframe.
Consulting medical evidence
A robust SSDI application requires solid medical evidence. Documents showing the severity of your disability, the treatments you've undergone and how they impact your daily life strengthen your case. While compensation is part of the picture, the main focus is on proving how your disability significantly hinders your ability to work.
Qualifying for SSDI after an accident and compensation involves a delicate balance. Navigating this complex process ensures that people with genuine disabilities get the necessary support without unnecessary complications.]]>On Behalf of Harlan Still & Kochhttps://www.harlan-still.com/?p=482082023-12-19T19:52:11Z2023-12-19T19:52:11ZMedical records
The cornerstone of any SSDI application is comprehensive medical records. These records should cover the entire period of the disability and include diagnoses, treatment plans and responses to treatments.
Doctor's statements
A statement from the treating physician is a valuable piece of evidence. The statement should outline the nature of the disability, its impact on daily activities and the prognosis. A clear and detailed account from a medical professional provides the SSA with firsthand insights into the individual's condition.
Laboratory and test results
Objective evidence, such as laboratory results and diagnostic test reports, can significantly strengthen an SSDI claim. These results provide concrete data regarding the severity of the disability. This helps the SSA assess the impact on an individual's ability to work.
Prescription medication history
A detailed history of prescribed medications can be influential in supporting an SSDI claim. This evidence indicates the severity of the condition and the ongoing need for medical intervention. Including information about side effects or adverse reactions to medications can also contribute to the overall assessment.
Functional limitation reports
Reports detailing the functional limitations imposed by the disability are important. These reports should address the individual's ability to perform daily activities. By providing a comprehensive overview of functional limitations, applicants help the SSA better understand the extent of their disability.
In 2022, approximately 9.2 million people received benefits due to a disability. Submitting the right medical evidence is key to a successful SSDI application.]]>On Behalf of Harlan Still & Kochhttps://www.harlan-still.com/?p=482072023-12-14T15:47:31Z2023-12-14T15:47:31ZSSI benefits
Applying for supplemental income is a potential path if you have a limited work history. SSI provides financial support to individuals aged 65 or older. It is also available to adults and children with little or no income and assets who are blind or disabled. Your work history does not affect this option. SSI benefits are available to anyone with earnings and resources below a certain threshold.
SSDI options
While SSDI typically requires a minimum of five years of work history, you may still be eligible if you earned enough work credits. Social Security has complex rules to calculate these credits, considering the following:
Number of years worked
Income earned
Age when your disability begins
The program provides general guidelines to assess eligibility. However, individual circumstances vary. A thorough knowledge of the laws helps you present your unique circumstances.
Compassionate allowances
For those facing severe medical conditions, the Compassionate Allowances program offers expedited processing of your disability claim. This program recognizes specific medical conditions that automatically qualify you for benefits. It can minimize the time it takes to receive assistance. Check the Social Security Administration's CAL list to see if your condition qualifies.
Navigating the Social Security system without a substantial work history can be challenging. An annual report shows that 44% of SSDI applicants received technical denials in 2020. You must understand the available programs that align with your unique circumstances and make informed decisions to obtain financial assistance.]]>