Social Security denies around 70% of initial applications for disability benefits. Often those whose applications are denied are left wondering why. One of the most common practical reasons why a disability claim is denied is because of the lack of sufficient or compelling medical records. Going to Doctor is Key. Social Security looks at your application, and your description of how your disability affects your daily life. But it relies on medical records to award benefits. Therefore, going to the doctor and documenting your diagnosis, condition, symptoms, and treatment is key. Don’t be Shy ..read more

Some Social Security disability claims can depend heavily on IQ tests. This is especially true for Supplemental Security Income (SSI) claims for children with learning disabilities or other cognitive issues. What’s an IQ test? An IQ test is any number of tests that attempt to measure how far above or below an individual’s mental ability is as compared to the rest of the population. The mean or average score is 100. A score above 100 tends to show greater than average mental ability. A score below 100 tends to show lower than average mental ability. IQ Tests are Not Determinative of Ability or ..read more

Disability Alabama recently represented a claimant with back pain, hand injuries, and intellectual disabilities in their claim for Social Security Disability Insurance. The case went to a hearing and we were able to show the claimant was disabled and had been for several years. As a result, the claim was approved and the claimant entitled to significant back pay. Intellectual Disability and Physical Pain Intellectual disabilities. An intellectual disability generally exists if someone has a low IQ, if they are limited in the skills they need to live on a daily basis, and if the condition app ..read more

Grieving is a natural part of the process of saying goodbye to a loved one. For most, with the assistance of time, assistance from friends and family, and often counseling - the pain and accompanying symptoms of grief will ease. However, for those with Prolonged Grief Disorder those feelings are not eased with time. For some, Prolonged Grief Disorder will be disabling and can make them eligible for Social Security Disability. Prolonged Grief Disorder DSM 5 and Persistent Complex Bereavement Disorder Prolonged Grief Disorder is newly classified in the DSM-V, the Diagnostic and Statistical Manu ..read more

Can you work while on disability? What do you do if you’re struggling to work? If you’re in pain, or uncomfortable, or your medical issues make working difficult - can you apply for disability and then quit if you win your claim? You can, but for most, it’s not a good idea. While working while your application is pending might work for a select few, the vast majority of claimants who struggle but can work will not be approved for Social Security disability. Working while on disability; Social Security says you’re not disabled if you’re working. But how much work is working? Let’s explore SSDI ..read more

What will you be asked in your application for Social Security disability? There are several ways to apply for Social Security disability benefits. By phone, in-person (though in-person applications have been restricted during the COVID pandemic), by mail, or most commonly - by applying online. Whether you are applying for Social Security Disability Insurance (SSDI) or Supplemental Security Insurance (SSI) or both, the process and the questions are basically the same. Identifying information  - Social Security documents you need to provide To apply for either SSI or SSDI, Social Security ..read more

SSDI Payment While your Social Security application is pending, it may seem like you’re losing months of potential benefits. Indeed,  since around 70% of initial applications are denied, most disabled Social Security claimants will have to wait more than 6 months before getting paid. What happens to those months when Social Security should have been paying you but didn’t because you had not yet been approved? Back benefits vs. ongoing benefit When you are approved for Social Security disability benefits you are likely to get an award of “back benefits.”  Back benefits are generally ..read more

Usually hiring a lawyer is expensive. Fortunately for those that qualify for Social Security disability, if you hire a lawyer to help you with an initial application or appeal, you will only pay a lawyer’s fee if you win your case. That contingent fee is supposed to be paid by Social Security out of your back benefits. Under most circumstances, the lawyer’s fee will be paid directly from Social Security to your lawyer and not out of your pocket. Usually, a Social Security lawyer’s fee is paid directly by Social Security. In other words, you could get a free Social Security disability lawyer W ..read more

Social Security Disability Appeals When your Social Security hearing doesn’t go the way you want it to, you can appeal to the Appeals Council to get your claim approved. But when the Appeals Council denies review of your claim, you cannot take your case to another decider within Social Security. The bad news is that a denial from the Appeals Council is a final decision of the Social Security Administration. But that may not be the end of your case. The good news is that after that final decision you can take your case to federal court where a federal judge - instead of an employee of the Soci ..read more

In an important victory for Social Security disability claimants, the Eleventh Circuit Court of Appeals overruled a judge’s denial of disability benefits for an individual with mental illness. In doing so, the court emphasized the ability to do basic tasks does not preclude one’s inability to function in a work environment on a sustained basis. The judge’s opinion that minimized medical proof of disabling mental illness violated the rules of the Social Security disability program. What mental illnesses are considered a disability Chronic depression, anxiety, bipolar disorder left man unable t ..read more