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Preparing for an SSDI Appeal Hearing
Applying for Social Security Disability Insurance (SSDI) benefits does not automatically guarantee automatic approval. If fact, more than 50 percent of all claims are initially denied, leading many people to wonder what their next steps are. If you have been denied SSDI benefits, you should contact a qualified Social Security attorney before you do anything else. Your attorney can help you manage the appeals process, including a potential hearing before an Administrative Law Judge (ALJ) with the Social Security Administration. As you prepare for your hearing, here are a few things to keep in mind.
First Impression
Although you are not required to retain legal counsel, it is almost certainly in your best interest to have an attorney by your side. From a practical standpoint, plan on arriving early. First impressions absolutely matter, and by appearing polished and ready, you can show the ALJ that the case is important to you. In addition, your manner of dress should be conservative, so avoid suggestive or informal attire.
Applying for Social Security Disability With Early-Onset Alzheimer’s Disease
Living with Alzheimer’s disease can be devastating—and not just for the affected patient. The person’s family and loved ones often have a great deal of difficulty adjusting to the person’s new reality as well. Also known as “younger-onset” Alzheimer’s, early-onset Alzheimer’s disease was added to the list of disabilities and diseases covered by Social Security Disability Insurance (SSDI) just a few years ago.
Early-onset Alzheimer’s disease is considered under the Compassionate Allowance Initiative of the Social Security Administration, which gives the same access for early-onset patients to Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) as traditional Alzheimer’s patients. The intent of the Compassionate Allowance Initiative is to allow patients with an extremely fast-moving degenerative disease (such as Alzheimer’s) to be fast-tracked through the approval process.
Could Chronic Headaches Qualify for Social Security Disability Benefits?
Headaches are among the most common ailments people suffer, but for many with chronic headaches or migraines, it can be a debilitating condition. Many people with severe migraine problems have difficulty working or carrying on in the same capacity before the migraines increased to such severity. If this describes your situation, it might be possible for you to qualify for Social Security Disability Insurance (SSDI) benefits, and a qualified disability attorney can help you through the application process.
What You Should Know About Chronic Headaches
Those who suffer from migraines know how painful and distressing they can be. Common symptoms of severe migraines include nausea, vomiting, loss of appetite, fatigue, dizziness, fever, blurred vision, and an intense sensitivity to light. All of these, of course, can impact a person’s ability to work.
A migraine, however, is just one of three types of severe headaches that a person can get. Others include tension headaches and cluster headaches. Cluster headaches are “described as having a burning or piercing quality that is throbbing or constant.” These usually last a short time, but many patients report that the cluster headache returns periodically throughout the day. A tension headache tends to increase and wane over prolonged periods of time and can affect a person’s ability to fall or stay asleep and result in general achiness and weariness.
Qualifying as a Dependent for Social Security in Texas
Qualifying for Social Security benefits can be a long and complicated process, no matter what your specific situation may be. If you or a loved one is a dependent—either under 18 years old, under 22 years old and attending school, or require full-time care—the process is different than for independent adults. As a result, the application process is different and requires a different set of considerations.
Important Considerations for Minors Seeking SSI Benefits
For a child to qualify, according to the Social Security Administration, he or she must be either blind or disabled. The child can begin to receive Social Security Insurance (SSI) benefits as soon as he or she is born, and the child does not have to be of a certain age before he or she is able to begin receiving benefits. Once the child is 18, the SSA can reevaluate the circumstances to determine whether or not the child should continue to receive SSI benefits.
What to Do If Your SSDI Claim is Denied
Applications for Social Security Disability Insurance (SSDI) have maintained an award rate of around 35 to 45 percent since 2001, according to the Social Security Administration (SSA). However, the rate of applicants who are awarded benefits at the reconsideration level is significantly less, which makes it important to understand reasons why a claim might be denied and what can be done to have the application reviewed again.
If your SSDI claim has been denied, you or your legal counsel will receive a certified letter from the SSA detailing the reason for denial. You do have a right to file suit within six months of the mailing date if you are not in agreement with the decision, but first, you or your attorney must file a request for reconsideration.
Qualifying for Disability Benefits
The SSA has a list of disabilities and impairments that fall under the scope of approval. An applicant may receive benefits if he or she:
Hypertension Could Qualify You for Social Security Disability Benefits
High blood pressure, or hypertension, is one of the most common heart diseases in America. About one in three U.S. adults, roughly 70 million people, have high blood pressure, according to the U.S. Centers for Disease Control and Prevention. For some, the condition is manageable with lifestyle changes and prescription medications, but for others, hypertension can affect their entire lives. In situations like this, Social Security disability benefits may be available, and a qualified disability lawyer can help you determine your eligibility.
Understanding High Blood Pressure
High blood pressure simply means that the pressure of blood in your blood vessels is more than it should be, causing your heart to work overtime. Risks of hypertension include heart disease and stroke, two of the most common causes of death for Americans. Hypertension is often referred to as a “silent killer,” because there are little to no warning signs of the disease. The only way to determine if you have high blood pressure is to have your blood pressure checked regularly.
Can I Receive Social Security Disability for Vision or Hearing Loss?
While there are many different types of health conditions that may cause a person to be disabled, issues related to a person’s senses are some of the most well-recognized disabilities. A person who is blind is understood to have significant limitations that will affect their ability to maintain gainful employment, and an inability to hear will also limit a person’s ability to perform different types of activities at work or at home. Those who suffer from these types of disabilities will often be eligible for benefits through Social Security, and they will need to understand the qualifications they will need to meet to demonstrate that they are disabled and receive financial assistance.
When Is Vision or Hearing Loss Considered a Disability?
Social Security’s Listing of Impairments details specific conditions that are considered disabilities. If a person meets the requirements detailed in the listing for a certain condition, they will typically be considered disabled, allowing them to receive benefits. The listing for vision loss details the types of tests that may be performed to measure a person’s visual acuity and visual efficiency. Generally, if a person is considered to be statutorily or legally blind, meaning that their vision in their better eye is measured at 20/200 or less even with corrective lenses, they will qualify as disabled.
How Will a Continuing Disability Review Affect SSD Benefits?
When a physical or mental condition causes a person to be unable to work, they may rely on Social Security disability benefits to help meet their ongoing financial needs. The application process for these benefits can be complicated, and a person will need to demonstrate that they suffer from ongoing issues that have prevented them from maintaining gainful employment and that their condition has lasted or is expected to last for at least one year. Even after a person is granted disability benefits, they may experience issues related to the continuation of benefits, since Social Security will conduct regular reviews to ensure that they still meet the requirements to be considered disabled.
When Does Social Security Perform Disability Reviews?
While disability benefits will be paid for as long as a person has a disability, Social Security is required by law to review cases on an ongoing basis to ensure that people who receive benefits still meet all applicable requirements. The frequency of these reviews will usually depend on the severity of a person’s condition, and reviews may be conducted as follows:
How Do Medical and Vocational Experts Affect SSD Cases?
For those who suffer from physical or mental conditions that prevent them from working full-time, Social Security disability can provide essential financial assistance. However, the process of applying for these benefits can sometimes be complicated, and applicants will need to provide extensive documentation demonstrating that their condition is severe enough to be considered a disability by Social Security. If a claim is denied, a person can request a hearing before an administrative law judge (ALJ). The testimony of medical and vocational experts can play an important role in this type of hearing. By understanding the types of issues these experts will address, a person can make sure they are taking the correct steps to receive the benefits they need.
Testimony of Medical Experts
A medical expert (ME) who testifies at a hearing will serve as an independent, impartial source who can review evidence and offer an opinion about a person’s limitations that may affect their ability to work. An ME will not physically examine a person; instead, they will review medical records and testimony provided by an applicant or other witnesses and answer questions asked by the ALJ and the applicant or their attorney.
When Is a Consultative Examination Performed During an SSD Claim?
When a person has a significant disability that prevents them from working at a level that will allow them to support themselves, they may be able to receive disability benefits through Social Security. However, the process of applying for these benefits can be complicated, and multiple types of information will need to be provided to demonstrate that the person has what is considered a “total” disability. During the Social Security disability (SSD) claims process, a person may be required to receive an examination from a medical provider that will be used to determine whether their health condition meets the qualifications for disability. This is known as a consultative examination or CE, and an applicant will need to understand how this type of exam may affect their claim.
When Will Social Security Order a CE?
In some cases, the information a person provides when applying for disability benefits will be sufficient for Social Security to make a determination. However, there are many cases where Social Security will seek out additional information about a person’s diagnosis and treatment plan and the effects their condition has had on their ability to work. A consultative examination may be ordered if:
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