Some people have health problems that result in "good days" and "bad days" in terms of their symptoms. This is often the case for individuals with gout, arthritis, fibromyalgia, different mental health impairments, and a number of other disabling conditions. These individuals may be capable of performing a range of work on good days but find themselves completely debilitated on their bad days. Even if your disabling symptoms are not constantly present or constantly severe, you may still be eligible to receive SSI or SSDI benefits if you experience flare-ups or bad days every month that prevent you from working on those days.
What if My Symptoms Come and Go?
The Importance of Attending Your Hearing
As you near the scheduled hearing date in your case, your attorney or case manager will ask you to arrive at the hearing location at least a half hour prior to your hearing. It is very important that you try your best to arrive early. You may have additional questions for your attorney or your attorney may wish to speak with you again before your hearing. It is also a good idea to give yourself some extra time in case of traffic issues or difficulty finding the hearing location.
What are Acceptable Medical Sources?
There are a variety of medical providers who treat medical conditions. However, the Social Security Administration maintains a specific list of medical professionals they consider Acceptable Medical Sources. They include: licensed physicians (both Medical and Osteopathic Doctors), Licensed or Certified Psychologists, School Psychologists can opine on learning and intellectual disabilities, Licensed Optometrists, Licensed Podiatrists, Qualified Speech Language Pathologists, Licensed Physician Assistants for claims filed after March 27, 2017, Licensed Audiologists, and Licensed Advanced Practice Registered Nurses for claims filed after March 27, 2017 (there are 4 kinds of Advanced Nurse Practitioners: 1. Certified Nurse Midwife, 2. Nurse Practitioner, 3. Certified Registered Nurse Anesthetist, and 4. Clinical Nurse Specialists).
On The Record (OTR) Decisions
On August 9, 2007, Social Security Administration issued a rule authorizing some attorney advisors to review case files and issue fully favorable decisions "on the record" (OTR), where the evidence in its entirety warrants disability. The practice was originally passed as a temporary measure to provide more timely service to claimants waiting for a hearing before an administrative law judge. However, Social Security Administration has seen success with the program and continues to extend the rule beyond its expiration date. The current rule has been extended through August 3, 2018.
Visual Impairment
A visual disorder is an abnormality of the eye, the optic nerves, the optic tracts, or the brain that may reduce a person's ability to function. According to the National Federation of the Blind, approximately 10 million Americans are blind or visually impaired, and 75,000 people in the United States will become blind or visually impaired each year.[1]
The Importance of Which Judge Hears Your Case
The unfortunate truth of the Social Security disability system is that which judge hears your case can have the biggest impact on whether your application for benefits is approved.
Resolve Other Legal Issues Before Your Disability Claim
The Social Security Administration doesn't exist in a vacuum, and sometimes years old legal problems that claimants have forgotten to resolve can come back to bite them just before a disability hearing.
Substitution of Party if a Claimant Dies
Depending on where you're located, it can take more than two years from the date of filing a disability application to get a hearing and decision from an administrative law judge.
What a Government Shutdown Means for Social Security Disability
At midnight on Saturday, January 20, the federal government began procedures to rollback services for many agencies, the effect of a partial government shutdown.
If I am a Legal Permanent Resident, Can I Get Disability Benefits?
The answer depends on what kind of benefit you are applying for. There are two disability benefits. Disability Insured Benefits (DIB, sometimes called Social Security Disability SSD or SSDI) and Supplemental Security Income (SSI). The main different is that DIB benefits are available to workers who have paid FICA taxes and have accumulated a certain number of work credits. SSI benefits are available to low income people who have not worked or don't have enough work credits. SSI benefits take household income into account when determining payment amount and monthly payments do not exceed $735.00 in 2018. DIB payment can be significantly more than SSI.
