Social Security Disability: A Survival Guide

Navigating through the Social Security Disability Claims Process

Posted on January 31, 2012 by dgalinis

A claim for Social Security Disability benefits could take anywhere from 6 months to 6 years! During that time, the claimant will have to complete an application, and possibly navigate his or her way through 3 levels of appeals at the Social Security Administration (SSA) and another 3 levels in Federal Court. What follows is an explanation of the major steps along this arduous path. Continue reading →

Posted in Claims Process | Tagged administrative law judge, appeal, Appeals Council, attorney advisor, claim for benefits, consultive examination, DDS, Disability Benefit Application, Disability Determination Services, Disability Report, initial application, ODAR, Office of Disability Adjudication and Review, reconsideration, Request for Hearing, Request for Reconsideration | Leave a comment

What Are Non-Exertional Limitations?

Posted on December 9, 2011 by dgalinis

More often than not, it is my client’s non-exertional limitations that win their case. In prior posts I have described SSA’s analysis of disability cases using exertional limitations. (See What Are “Exertional Levels” and Why are They Important in a Social Security Disability Case?). Exertional limitations are limitations on the ability to sit, stand, walk, lift, push and pull. Any other limitations are called non-exertional limitations. The following table describes some common impairments and associated non-exertional limitations: Continue reading →

Posted in Criteria, Impairments, Uncategorized | Tagged bipolar disorder, carpal tunnel syndrome, Crohn's Disease, exertional, fibromyalgia, Grids, Medical Vocational Guidelines, non-exertional, peripheral edema, sedentary, vocational expert | Leave a comment

What Are “Exertional Levels” and Why Are They Important in a Social Security Disability Case?

Posted on November 23, 2011 by dgalinis

The amount of exertion (or effort) required in a particular job is a key component in the Social Security Administration’s (SSA’s) analysis of every disability claim. The SSA classifies each job by how much exertion is required. For example, work that requires very little effort or exertion is considered to be “sedentary.” While, at the other end of the spectrum, jobs which require extreme exertion are classified as “heavy.”

The following illustrates what I consider to be the most important differences between the different exertional levels: Continue reading →

Posted in Criteria | Tagged exertional impairment, exertional levels, heavy, light, medium, non-exertional impairment, past relevant work, residual functional capacity, RFC, sedentary | Leave a comment

Eliminate the Early Retirement Penalty with Social Security Disability Benefits

Posted on October 12, 2011 by dgalinis

While it’s possible as early as age 62, choosing to receive Social Security retirement benefits before your normal retirement age is penalized. The “early retirement penalty” can amount to a 30 percent reduction in your monthly benefit. And what’s worse is that the penalty is permanent. Thus, although your monthly benefit will change with cost of living adjustments, the initial reduction as a result of the penalty will continue even past normal retirement age. As a general rule, you should wait until your normal retirement age (66 or 67) or, even better, get an increased monthly benefit by delaying your retirement until age 70.

But what if you simply cannot work until your normal retirement age? If you are under Continue reading →

Posted in Benefits | Tagged disability benefits, early retirement, early retirement penalty, retirement benefits | Leave a comment

Social Security Benefits for Stay-At-Home Parents

Posted on September 2, 2011 by dgalinis

Stay-at-home parents face a serious problem obtaining social security benefits. To qualify for benefits, they had to have paid into the social security system. For disability benefits, the disabled person must have worked 20 of the last 40 quarters (5 of the last 10 years) before their disability began. (See Have I Worked Enough to Qualify for Social Security Disability Benefits?) By definition, the stay-at-home parent does not pay into the social security system while raising the children. As a result, they often do not have enough (or any) work credits to be insured for disability benefits. Continue reading →

Posted in Benefits, Criteria | Tagged caregiver, credits, divorce, earnings record, quarters, stay-at-home parents, stay-at-home spouse, widow, widower, widowers benefits, widows benefits | 2 Comments

Have I Worked Enough to Qualify for Social Security Disability Benefits?

Posted on August 9, 2011 by dgalinis

The Social Security Administration (SSA) implements two separate programs that provide cash benefits to disabled individuals. The primary focus of this blog is on Disability Benefits (aka “Disability Insurance,” “DI,” “RSDI,” and “Title II benefits”). The other type of benefit is called Supplemental Security Income, “SSI” or “Title XVI benefits.”

Both programs use the same definition of disability and identical rules and regulations to determine disability. (See 5 Step Disability Evaluation Process) SSI benefits are less money per month and, most importantly, means tested. Thus a claimant must meet certain income and resource qualifications to be eligible for these benefits — besides proving disability. Disability benefits, on the other hand, have no means testing. Your current income or resources Continue reading →

Posted in Claims Process, Criteria | Tagged application date, date last insured, DI, disability insurance, DLI, income, insured status, means testing, onset date, quarters, resource, RSDI, SSI, supplemental security income, Title II, Title XVI | Leave a comment

Age: A Crucial Factor in Your Social Security Disability Case

Posted on July 1, 2011 by dgalinis

While the severity of the impairment is the most significant factor in Social Security Disability cases, age follows right on its heels as the second most important factor. The reason is simple – the law is different for people of different ages. The younger a person is, the more difficult it is to prove an inability to work. Conversely, every year older will make the case for disability a little bit easier.

The basic idea is that as we get older, the real opportunity to change careers diminishes. Continue reading →

Posted in Claims Process, Criteria | Tagged advanced age, age, closely approaching advanced age, light, sedentary, younger person | Leave a comment

Can I Work While Receiving Social Security Disability Benefits?

Posted on June 2, 2011 by dgalinis

Unfortunately, many of my clients find the monthly check they receive from the United States Treasury is too small to live on. I am always receiving calls from former clients asking if they can return to work part time and still receive their Social Security Disability benefits? The answer is not simple. And, in classic lawyer fashion, it depends.

Substantial Gainful Activity

Continue reading →

Posted in Benefits | Tagged expedited reinstatement, SGA, substantial gainful activity, trial work period, TWP, work | 2 Comments

Crohn’s Disease and Ulcerative Colitis As Bases for Social Security Disability.

Posted on May 13, 2011 by dgalinis

Crohn’s disease and ulcerative colitis are both included in a larger set of conditions known collectively as Inflammatory Bowel Disease (IBD). Over the years I have assisted many clients obtain social security disability benefits on the basis of their IBD alone. In this post, I discuss these conditions as well as how the conditions can support a finding of disability.

What is IBD?

Simply put, IBD is a chronic inflammation of the gastrointestinal tract. Continue reading →

Posted in Impairments | Tagged abdominal pain, bowel resection, chronic inflammation, colitis, colonoscopy, Crohn's Disease, diarrhea, fatigue, IBD, inflammatory bowel disease, Listing of Impairments, Ulcerative Colitis | 2 Comments

Can you File for Unemployment and Social Security Disability Benefits?

Posted on April 5, 2011 by dgalinis

The application process for Social Security disability benefits can take years. During that time period the claimant is – by definition – not working. (See 3 Reasons Your Claim Was Denied). How does the claimant pay for food and shelter during that long wait? Some claimants are fortunate enough to have spouses or family members who can help them until they ultimately receive benefits. But many claimants have no such support. There are state and local assistance programs that can help with some amount of cash assistance and food stamps. In Maryland you can contact the Department of Human Resources. In addition to these benefits, many claimants also want to file for unemployment benefits while their disability claim is pending.

Continue reading →

Posted in Claims Process | Tagged administrative law judge, alleged onset date, cash assistance, credibility, food stamps, inconsistent statements, ready willing and able to work, unable to work, unemployment | 3 Comments

Back Problems: The Most Common Source of Disability Claims

Posted on February 22, 2011 by dgalinis

If your back has ever “went out,” you understand just how devastating back problems can be. In my practice, impairments involving the spine are the single most common disabling condition. What follows below is my legal (as opposed to medical) understanding of back problems and my strategies to obtain disability benefits as a result of them.

1. What Types of Back Injuries May Qualify for Benefits

Continue reading →

Posted in Impairments | Tagged arachnoiditis, atrophy, bulging disc, disc, EMG, herniated, lifting, Listed Impairment, lumbar, MRI, nerve root, past relevant work, prolonged sitting, prolonged standing, pseudoclaudication, range of motion, sedentary, sensory loss, sit stand option, spine, stenosis, straight leg raising test, transferable skills, vertebra | 6 Comments

Expediting Claims at the Social Security Administration

Posted on January 25, 2011 by dgalinis

The social security disability claims process is a lengthy one. About 40% of those who apply for disability benefits are granted benefits on their initial application. It usually takes 3 to 6 months for the initial decision. For those that are not granted benefits upon their initial application, the delay can be from 12 to 24 months. Given that the claimant is unable to work during those 1-2 years — the delay is most often an extreme hardship. The Social Security Administration (SSA) will expedite some types of claims. Below I describe the five situations in which the SSA will speed up the evaluation process. Continue reading →

Posted in Claims Process | Tagged acute leukemia, ALS, comatose, compassionate allowance, congressional, delay, dire need, heart transplant, liver cancer, liver transplant, Lou Gehrig's disease, metatastic cancer, military, suicide, terminal illness | Leave a comment

Should I Use the Attorney Provided by my Disability Insurance Company?

Posted on December 23, 2010 by dgalinis

David Galinis

Managing Partner – Estates and Social Security Practice

Berman, Sobin, Gross, Feldman & Darby, LLP

481 N Frederick Avenue, Suite 300

Gaithersburg, MD 20877

301-670-7030

dgalinis@bsgfdlaw.com

www.BSGFDlaw.com

Posted in attorney, videos | Tagged attorney, cap, contingency fee, disability insurance, hearings offices, long term disability insurance | Leave a comment

5 Step Disability Evaluation Process

Posted on November 30, 2010 by dgalinis

The Social Security Administration (SSA) uses a five-step sequential evaluation process to determine if any given Claimant is entitled to Social Security Disability benefits. SSA considers each step in this process sequentially before moving onto the next step. In this post, I describe these five steps in their most basic terms.

Step One – Has the Claimant been Unable to Work for 12 Months?

Continue reading →

Posted in Claims Process | Tagged Disorders of the Spine, five-step sequential evaluation, heavy, light, Listing of Impairments, Listings, Loss of Visual Acuity, medium, past relevant work, residual functional capacity, RFC, sedentary, severe medically determinable impairment, substantial gainful activity | Leave a comment

Mental Illness as a Basis for Disability: No Objective Evidence, No Problem

Posted on November 12, 2010 by dgalinis

Mental illness can be as devastating as any physical impairment. Depression and bipolar disorder form the basis of SSA disability determinations every day. The key to any social security disability case is proving disability – the inability to work. That proof can be challenging in cases of mental illness.

Continue reading →

Posted in Impairments | Tagged bipolar, consultative examination, depression, disability, mental illness, mental impairment, MRI, objective, persuasive contradictory evidence, restriction, subjective, treating physician | Leave a comment

3 Reasons Your Claim Was Denied

Posted on November 8, 2010 by dgalinis

1. You Are Still Working

The most basic eligibility requirement to receive Social Security Disability Benefits is an inability to engage in substantial gainful activity that has lasted or is expected to last for 12 months. In other words you cannot be working. When the disability examiners evaluate your claim, they will look at your earnings record. Remember how Social Security taxes are taken out of each paycheck? Social Security knows how much you have earned during each month of your working life. If the examiner finds ongoing wages, it’s pretty easy to deny the claim.

Continue reading →

Posted in Claims Process | Tagged earnings record, evidence, medical records, restrictions, SOAP, substantial gainful activity, work | 2 Comments

Social Security Disability: A Survival Guide

Navigating through the Social Security Disability Claims Process

What Are Non-Exertional Limitations?

What Are “Exertional Levels” and Why Are They Important in a Social Security Disability Case?

Eliminate the Early Retirement Penalty with Social Security Disability Benefits

Social Security Benefits for Stay-At-Home Parents

Have I Worked Enough to Qualify for Social Security Disability Benefits?

Age: A Crucial Factor in Your Social Security Disability Case

Can I Work While Receiving Social Security Disability Benefits?

Crohn’s Disease and Ulcerative Colitis As Bases for Social Security Disability.

Can you File for Unemployment and Social Security Disability Benefits?

Back Problems: The Most Common Source of Disability Claims

Expediting Claims at the Social Security Administration

Should I Use the Attorney Provided by my Disability Insurance Company?

5 Step Disability Evaluation Process

Mental Illness as a Basis for Disability: No Objective Evidence, No Problem

3 Reasons Your Claim Was Denied

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