Principal Office Located at 1424 Gables Court, Plano, TX 75075
Call Today For a Free Case Evaluation
Recent Blog Posts
What Types of Spine Disorders Qualify for Social Security Disability?
There are multiple different types of health conditions that may cause a person to be disabled. Among these, conditions that result in severe back pain can be very difficult to deal with. Injuries that affect the muscles in the back or the bones, nerves, and other tissues in the spinal cord can affect a person’s ability to stand, walk, reach for and carry objects, bend over, or even sit in one place for an extended period of time. Because of these issues, those who suffer from back injuries or disorders affecting the spine will often struggle to hold down steady employment, since they may be unable to perform work-related tasks and maintain a consistent pace of work throughout the day. Fortunately, people with these conditions may be able to receive Social Security disability benefits. However, they will need to understand the qualifications that they will need to meet to show that their back pain or spinal injuries are severe enough to be considered a disability.
Can I Work While Receiving Social Security Disability Benefits?
Debilitating injuries or serious illnesses can play a major role in a person’s life, affecting their ability to work and support themselves and their family. For those who suffer from conditions that are severe enough to be considered a total disability, Social Security disability benefits can provide essential financial assistance. However, these benefits may not fully address a person’s needs, and they may wish to supplement them by finding ways to earn an income. However, a person who is disabled may be concerned about whether returning to work will affect their ability to continue receiving benefits. By understanding the restrictions that apply and the options that are available, a person can ensure that they will continue to have the financial resources they need.
Working While Receiving Disability Benefits
To qualify for Social Security disability, a person will need to demonstrate that they are not currently working, or if they are working, they are earning less than what is considered substantial gainful activity (SGA). In 2022, SGA is defined as $1,350 per month, or $2,260 per month for a person who is blind. A person who receives disability benefits may work part-time or in a low-wage position, and if they earn less than the amount that is considered SGA, this will not affect the benefits they receive.
How Will Work History Affect a Social Security Disability Application?
When a person suffers from disabilities that are severe enough to limit their ability to maintain employment, they may qualify for Social Security disability benefits. These benefits can be crucial, ensuring that a person will have the financial resources to provide for their needs. Social Security Disability Insurance (SSDI) provides benefits based on the income a person earned in the past. To qualify for SSDI, a person will need to meet a variety of criteria, and Social Security will look at the severity of their health condition and whether they are able to continue working. During this process, one issue that is considered is whether a person can do work they have performed in the past. By understanding how Social Security defines “past relevant work,” an applicant can be prepared to answer questions about their status, their ability to work, and their need for disability benefits.
How Long Do I Need to Work to Qualify for SSDI Benefits?
A physical or mental disability can be a serious issue that affects a person’s health, well-being, and quality of life. In addition to causing pain and discomfort and affecting a person’s relationship and home life, a disability may make it impossible for a person to maintain employment. This can put a person and their family in a difficult financial position, especially if they have additional expenses related to medical treatment or assistive devices and other accommodations in their home and vehicles. Fortunately, those who suffer from disabilities that affect their ability to work may be able to receive disability benefits through Social Security.
There are two types of disability benefits offered by Social Security: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Of these, SSDI is often the preferable option, since it provides benefits based on the income a person has earned in the past, while SSI provides assistance on a needs-based basis for people without a significant work history. To qualify for SSDI, a person must have earned sufficient “work credits” throughout their career. By understanding how these credits are calculated and the number of credits that will qualify for disability benefits, a person can make sure they will be able to receive the financial assistance that will address their needs.
Can I Qualify for Social Security Disability if I Have Depression?
There are multiple types of disabilities that can prevent a person from pursuing or maintaining gainful employment. If you have serious and ongoing health issues, you may qualify for Social Security disability benefits. In addition to disabilities related to physical conditions such as injuries or illnesses, these benefits may also address mental health issues that affect your ability to work, including depression. Since mental illnesses are not always as outwardly obvious as other types of disabilities, it is important to understand the requirements that must be met in order for a person to receive benefits through Social Security.
When Is Depression Considered a Disability?
Clinical depression is a serious mental illness that can drastically affect a person’s ability to perform work, complete daily tasks, and maintain relationships with others. A person may be diagnosed with a condition such as major depressive disorder or persistent depressive disorder if they experience symptoms such as irritability, extreme sadness, a lack of interest or ability to take pleasure in activities they had previously enjoyed or participated in, decreased energy, difficulty maintaining body weight, problems with concentration, social withdrawal, or suicidal thoughts or actions.
How Can Prescribed Treatment Affect a Social Security Disability Claim?
There are many different types of health issues that may cause a person to be disabled. For those who suffer from serious health conditions, government benefits can be an essential resource that will allow them to cover their ongoing expenses. Social Security disability benefits can provide much-needed assistance, but to qualify for these benefits, a person will need to demonstrate that they meet Social Security’s standards for disability. One issue that can affect eligibility for benefits is whether a person has followed the prescribed medical treatment for their condition.
When Social Security May Consider a Failure to Follow Prescribed Treatment
If a person does not follow the treatment plan prescribed by a doctor, this may affect their ability to receive disability benefits. However, Social Security will only consider a failure to follow prescribed treatment in certain situations. This issue may be considered when determining whether a person’s condition is included in or is functionally equivalent to an entry in the Listing of Impairments. If a person would not meet the criteria for a listing if they had followed a doctor’s prescribed treatment, disability benefits may be denied. This issue may also be considered when determining whether a person has the residual functional capacity to perform work that is available. If Social Security determines that a person would be able to work if they had followed a doctor’s prescribed treatment, they may be denied disability benefits.
How Will Medical Opinions Affect a Social Security Disability Case?
People who experience serious injuries or illnesses may rely on government aid to meet their needs. Social Security disability benefits may be available to a person who has suffered from a disabling health condition that has affected them for at least one year or is expected to last for 12 months or more. To demonstrate that they qualify for disability benefits, a person will need to provide medical evidence, and in some cases, Social Security may also require them to be examined by an independent medical professional. In some cases, these professionals may come to different conclusions, and applicants should understand how Social Security will consider opinions from different sources.
How Social Security Weighs Medical Opinions
Social Security may look at reports provided by multiple different types of medical professionals. A professional must be considered an acceptable medical source, meaning that they can provide reports that are relevant to a person’s disabling health conditions. These sources may include medical or osteopathic physicians, licensed psychologists who can assess a person’s mental health issues, optometrists who can address visual impairments, podiatrists who can assess disorders affecting the feet or ankles, speech-language pathologists who can address language disorders and related impairments, audiologists who can assess hearing loss, physician assistants who can assess impairments within their licensed scope of practice, and licensed advance practices registered nurses (including nurse practitioners, certified nurse midwives, and clinical nurse specialists).
Can I Qualify for SSD Benefits Because of a Skin Condition?
While there are multiple types of health conditions that can affect a person, issues affecting the skin may seem to be relatively minor. Rashes, bumps, or irritated skin can be troublesome, but these issues do not significantly affect most people. However, there are some cases where skin disorders are severe enough that they affect a person’s ability to work and their overall health and well-being. In these cases, a person may be able to qualify for Social Security disability benefits.
Social Security Listings for Skin Disorders
As with other types of disabilities, a skin condition must be severe enough to limit a person’s ability to maintain substantial gainful activity before they will be able to receive disability benefits through Social Security. The Listing of Impairments, which details conditions that are severe enough to be considered disabilities, includes a section for skin disorders, and it notes that a person’s condition is evaluated based on the frequency and severity of the skin lesions a person experiences, while also considering factors such as how a person reacts when exposed to toxins or allergens, whether there is any seasonal variation in their condition, and whether they need to remain in a protected environment.
What Is Residual Functional Capacity in a Social Security Disability Case?
When applying for Social Security disability benefits, a person will need to provide multiple forms of medical evidence. To determine whether a person is disabled and qualifies for benefits, Social Security will evaluate their residual functional capacity (RFC). Understanding what is meant by this term and how it is determined will ensure that a person can demonstrate that they are disabled and need SSD benefits to help them meet their needs.
Determining Residual Functional Capacity
A person’s residual functional capacity refers to the maximum amount of work they are able to do with the physical or mental limitations they are experiencing. To determine RFC, Social Security will look at a person’s medical records, including those provided by a person’s own doctor as well as reports from medical examinations from independent doctors. Social Security may also consider a person’s own explanation of their limitations and how their conditions have affected them, as well as statements from family members, friends, or others who may be able to provide insight into the case.
What Is the Process for Appealing a Denial of SSD Benefits?
For those who suffer from physical or mental conditions that affect their ability to work, Social Security disability benefits can provide much-needed assistance. Unfortunately, a significant percentage of disability claims are denied. However, a denial does not mean that it will not be possible to receive SSD benefits. An applicant can appeal the decision to deny a claim and provide additional medical evidence or other information showing that they qualify for disability benefits. During these types of cases, an applicant can work with an attorney to ensure they meet all of their requirements, and they will want to understand the process that will be followed during their appeal.
Steps in a Social Security Disability Appeal
When appealing the denial of a SSD claim, a person will generally proceed through the following steps:
-
Reconsideration - Within 60 days after the denial of a disability claim, a person can file a Request for Reconsideration. During a reconsideration, Social Security may perform a case review in which a person will look at the information provided in the initial application and any supplemental information provided by the applicant. In some cases, an applicant may request an informal or formal conference where they can speak to the person reviewing the case and witnesses can be questioned. The person reviewing the case will issue a decision on whether to grant or deny disability benefits.
Call Today For a Free Case Evaluation
972-671-9922
NO FEES UNLESS YOU WIN
From our principal office in Plano, Texas, we serve clients throughout Dallas County, Denton County, Collin County, Tarrant County, and the rest of North Texas, including but not limited to Dallas, Fort Worth, Garland, Frisco, McKinney, Plano, Arlington, Irving, Denton, Carrollton, Addison, Coppell, Grand Prairie, Allen, Anna, Murphy, Fairview, Prosper, Lewisville, Little Elm, The Colony, Flower Mound, Duncanville, and DeSoto.
Contact Our Firm
