Social Security Table » Injury

Being Eligible for Certain Social Security Claims

admin — Wed, 02 Dec 2009 21:06:40 +0000

Meghan DiTolla asked:

Many are surprised to learn that Social Security eligibility is similar to other types of lawsuits. For example, in certain personal injury lawsuits, the plaintiff needs to prove that he or she will not be able to work in the same capacity in the future due to sustained injuries. These injuries need strict medical documentation. This may come down to emotional impairment as well, not just physical impairment.

A Social Security claim acts in somewhat the same regard. The difference is that a personal injury claim is waged against a defendant. In Social Security cases, there is no “defendant” as such, as Social Security claims for illness involve a person’s own physical capabilities based on illness – not necessarily due to the fault of another person. That said, there needs to be the same burden of proof for demonstrating physical incapacitation.

Medical Guidelines for Social Security

Social Security guidelines are very strict, which can sometimes come as a disappointment for those claimants who do have cases that fall within these guidelines. For example, it is not enough for a person to suffer from HIV/AIDS. Rather, the patient needs to have a T-helper lymphocyte (CD4) count above 200/mm3. It is at this point that an HIV/AIDS patient is more susceptible to increased illness.

However, the Social Security Administration will take into account other issues besides the T-helper lymphocyte (CD4) count, such as weight loss – though the CD4 count is an important factor. The reason why a skilled and experienced Social Security attorney is necessary is to navigate thee possible permutations of illness and diagnosis that can mean the difference between receiving benefits or receiving none at all.

It bears stressing, but you should not think that there is a minimum threshold you have to cross to be eligible for benefits – these are guidelines. As each patient has a different circumstance in term of personal support, age, income, and other factors these will be factored in as well. This is made clear by Social Security benefits for anxiety. While mental illnesses can be measured in some way, it is a more generalized disability than something like a CD4 count that can be quantitatively measured. So this should tell you that there is some leeway with how Social Security benefits can be distributed.

In the case of anxiety, for example, OCD, post-traumatic stress, and panic attacks all qualify. While these can most certainly be diagnosed by a trained professional, it will take the expertise of a qualified attorney to help ensure that a patient receives ample support from the Social Security Administration. Financial support is the basis of clinical documentation, which a Social Security attorney can help gather together and ultimately secure long-term benefits.

These same rules apply to other illnesses: arthritis, heart failure, cancer, diabetes, and so on – chronic illnesses fall within the scope of Social Security Benefits. Receiving these benefits is the result of a combination of strict medical documentation and the skill of a good attorney. If you are ill, there is no reason to add to your trouble with increased financial worry. The goal of a Social Security attorney is to provide long-term stability and improve your overall quality of life.

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Traumatic Brain Injury And Social Security Disability

admin — Fri, 21 Aug 2009 07:22:35 +0000

Sharon A Christie asked:

I am frequently asked whether someone with a Traumatic Brain Injury can get Social Security disability benefits. The answer is YES, depending on the specific facts of each case. Social Security disability benefits are not awarded based solely on a diagnosis. The key to getting these benefits is to prove that your limitations are severe enough to prevent you from working on a full-time basis.

Social Security has a very specific definition of disability. I talk to many clients who believe that because they are unable to return to their specific job they will automatically be found disabled by the Social Security Administration. This is not true.

The definition of disability that applies to Social Security claims is:

“The inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To meet this definition you must have a severe impairment(s) that makes you unable to do your past relevant work or any other substantial gainful work that exists in the national economy.” 20 C.F.R. §404.1505

What does this really mean? Basically, your medical or psychiatric condition must be so severe that it keeps you from doing any type of work on a full-time basis and has already lasted for 12 months or longer, or is expected to last that long. The determination of disability is based on the information in your medical records, reports from your treating doctors about your physical and/or mental limitations, reports from any Consultative Examinations scheduled by the Social Security Administration and your testimony at the hearing before an administrative law judge. The Social Security administration will consider whether you are capable of returning to any of the jobs that you most recently held or any other type of work. This determination of disability does not consider whether you could earn the same amount of money in other types of jobs. This determination is based solely on your physical and/or mental capabilities.

I am also frequently asked whether Social Security has some type of “partial disability” award. The answer is NO. For Social Security purposes your condition must be totally disabling for at least 12 months. However, you can still receive benefits if your condition improves and you return to work. This is called a “closed period” and means that you were unable to work on a full time basis for at least 12 months but have now recovered and can return to work. For example, if you are injured in a serious car accident you might require ongoing therapy for 18 months. After that period you may be able to return to work. You can still qualify for Social Security disability benefits for that 18 month period. You would not receive ongoing monthly benefits, however, once you can return to work.

Medical evidence of your physical and/or psychological limitations is the key to getting Social Security disability benefits. If you have been unable to work for at least 12 months or anticipate that you will be unable to work for that long you may qualify for Social Security disability. So, if this describes your situation you should apply right away.

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