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September 2018 Archives

Proving a Medically Determinable Impairment

To prove your disability claim before Social Security Administration (SSA), you must provide evidence of a medically determinable severe impairment. The term "medically determinable" implies that a licensed physician or certified psychologist has given a diagnosis based on objective laboratory testing or clinical findings, though special consideration is given to infants and small children, whose medical conditions and functional limitations might be difficult to diagnose or ascertain due to their young age. SSA now also accepts diagnoses from APRNs, physician assistants, and audiologists, though not every diagnosis or assessment from a medical provider will count toward your disability claim with SSA.

If you have a disability, benefits could help support you

Social Security Disability (SSD) is determined based on a person's ability to complete tasks that they did before an injury. For example, if you were working a labor-intensive job, it would be reasonable to award disability if you could no longer do that job due to a back injury of a permanent nature.

Automated Decisions

As technology move our culture towards automation, so do our methods of decision-making. Social Security Administration (SSA) aims to have a uniform process in determining which disability claims to approve or deny, yet it employs thousands of various adjudicators and administrative law judges to apply their reasoning skills in making those determinations. As they say in law, reasonable minds can differ.

Children may qualify for Social Security benefits

When you suffer an injury that results in temporary or permanent disability, you should have the right to seek Social Security Disability (SSD) benefits. One thing you may realize is that as a worker who is obtaining Social Security, your children also have a right to obtain it, too.

What benefits can veterans apply for?

Veterans struggle with many issues, but the one thing they should not have to worry about is their survival after returning to civilian life. There are benefits in place to prevent veterans from going without, especially when they struggle with injuries as a result of their service.

Long waits for Social Security can be devastating to the disabled

Long waits for Social Security Disability (SSD) are heartbreaking. Many people literally pass away while awaiting approval for the disability benefits they need. During this time, they struggle to live. Some go without the care they need.

Multiple Sclerosis and Disability

Multiple Sclerosis, or MS, currently effects approximately 400,000 people in the United States. Multiple Sclerosis News Today. However, the exact amount of sufferers is difficult to quantify since the CDC does not require physicians to report new cases and because symptoms can be invisible. National MS Society. The symptoms of MS typically include overwhelming fatigue, visual disturbances, altered sensation, and difficulties with mobility. The symptoms are unpredictable and vary in type and severity from one person to another and even in the same person over time. If you have been diagnosed with MS and are unable to work, you may potentially quality for disability benefits.

Disabled and in dire need

If you are suffering from a disability and are unable to work, the amount of time spent waiting to be approved for benefits can be a nightmare. Many clients ask me how they are supposed to get by while they wait to get in front of a judge or wait for the judge to issue a decision. There is not a good answer to this question, as there is often little that can be done in order to expedite the process. However, in certain situations you may be able to successfully ask for expedited consideration of your claim due to financial problems. If you are in the process of being evicted or foreclosed upon, you should send evidence of these proceeding to your Social Security disability attorney's office. Your attorney can send copies of this documentation to the Social Security Administration along with a request that your claim be expedited. If the Social Security Administration finds good cause to expedite your claim, you will be able to get before a judge to hear your case somewhat sooner. Unfortunately, the Social Security Administration is often unwilling to grant such requests-likely because so many people find themselves in this boat. For this reason, it is important to be able to provide documentation of the specific hardship(s) you are experiencing.

Paid Parental Leave

On August 2, Senator Marco Rubio (R-FL) proposed the "Economic Security for New Parents Act," a bill which would amend Title II of the Social Security Act to provide paid parental leave benefits to parents following the birth or adoption of a child. The attempt to address relief for new parents is long overdue, as the United States is one of the only countries (alongside Swaziland, Australia, and Papua New Guinea) which does not provide paid parental leave. At present, those unable to work due to pregnancy or childbirth may take up to 12 weeks of unpaid leave under the Family Medical Leave Act, but many find these safeguards insufficient.

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In Minnesota, we handle Social Security Disability Insurance (SSDI) claims. Throughout the nation, we handle SSDI applications and appeals for people from Ohio to Kansas, North Dakota to Texas and everywhere in between.


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