Social Security Disability- Obesity

Obesity, a disease characterized by a body mass index (BMI) of 30.0 or higher, has become a massive issue across the United States. Excess body weight can make it nearly impossible for some sufferers to perform every day tasks like driving, bathing, or even walking. Obesity used to be on the Social Security Administration's (SSA) list of medical impairments, allowing sufferers to claim Social Security disability benefits if their obesity prevented them from holding down gainful employment. However, now that the listing has been removed, claimants can no longer point to obesity as their sole disability to receive benefits.

There are still two ways in which obese claimants can become eligible for Social Security disability benefits.

1. The obese claimant is suffering from additional ailments, perhaps caused by their obesity. Obesity can cause severe conditions, ranging from heart disease to diabetes, most of which are on the SSA's list of medical impairments. You or your disability attorney can submit a claim using the subsequent listed condition instead of obesity to make your claim. Be sure to note in your claim the ways in which the condition, combined with your obesity, has affected your ability to work.

2. The claimant can apply for a medical vocational allowance. A medical vocational allowance is for claimants who can prove that their disability prevents them from working, despite its absence from the SSA's list of medical impairments. Your physician, or a Social Security physician, must provide the court with a statement of residual functional capacity (RFC). RFC statements specify exactly what activities your condition prevents you from performing.

If an individual suffers from a condition that is a listed impairment and the effects of individual's obesity increase the severity of the other medical condition that an individual can be found to meet or equal a listed impairment due in part to the obesity. In other words, if a claimant has a medical condition on the listings of impairments that by itself does not meet or equal a listing, the fact that the individual is obese may complicate that medical conditions further to where it does meet the listing and therefore the individual can be found disabled at this step of their SSDI claim.

SSA will find that a listing is met if an impairment in combination with obesity meets the requirements of a listing. For example, obesity may increase the severity of coexisting or related impairments to the extent that the combination of impairments meets the requirements of a listing. This is especially true of musculoskeletal, respiratory, and cardiovascular impairments.

This may be true for mental disorders. For example, when evaluating impairments under mental disorder listing 12.05C, obesity that is "severe" satisfies the criteria in listing 12.05C for a physical impairment imposing an additional and significant work-related limitation of function.

Call your Michigan Social Security Disability attorneys today at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, contact our office at mailto:info@allanwbenpc.com

Social Security Disability- Heart Disease

Heart disease is a common medical condition and Social Security adjudicators and judges see cardiac cases frequently. You can make your case stand out by reporting to your doctor about symptoms and limitations that would make it difficult for you to work. Common "work activity" limitations for heart patients include shortness of breath, chest pain, lack of blood flow to the extremities (cold or "blue" hands and feet), depression, water retention, vascular complications, headaches, fainting spells, depression, anxiety and fatigue.

Heart disease, according to the Social Security Administration, has four consequential impairments that would make a claimant eligible for disability benefits:

a. Persistent heart failure or impairment of the left or right ventricle

b. Lack of blood flow to the heart (medically known as myocardial ischemia), resulting in pain, discomfort, or possibly necrosis

c. Inadequate blood flow to the brain, stemming from a cardiac impediment, that sometimes results in syncope or near syncope

d. Lack of oxygen in the blood, causing central cyanosis, stemming from arterial or vascular deterioration or obstruction

The causes of heart disease vary by type of heart disease. While cardiovascular disease can refer to many different types of heart or blood vessel problems, the term is often used to mean damage caused to your heart or blood vessels by atherosclerosis, a buildup of fatty plaques in your arteries, blood vessels that carry oxygen and nutrients from your heart to the rest of your body.

Healthy arteries are flexible and strong. Over time, however, too much pressure in your arteries can create excessive wear and make the walls thick and stiff, therefore restricting blood flow to your organs and tissues. This process is called arteriosclerosis, or hardening of the arteries.

Atherosclerosis is the most common form of this disorder. Atherosclerosis is also the most common cause of cardiovascular disease, and it is caused by a variety of factors, including an unhealthy diet, lack of exercise, being overweight and smoking. All of these are major risk factors for developing atherosclerosis and, in turn, cardiovascular disease.

Cardiovascular disease may continue to be undiagnosed until the condition worsens to the point of a heart attack, chest pain (angina), stroke, heart failure, or sudden cardiac death. It's important to watch for cardiovascular symptoms and discuss any concerns with your doctor.

Some of these symptoms include the following:

a. Chest pain (angina)

b. Shortness of breath

c. Pain, numbness, weakness or coldness in your legs or arms, if the blood vessels in those parts of your body are narrowed

d. Cardiovascular disease can sometimes be found early with regular doctor visits.

If, in conjunction with your heart disease, you are suffering from other symptoms, side-effects, or ailments, you may be able to present these conditions in your case. Your case will be stronger if these other conditions also prove to be obstacles in attaining, and keeping, gainful employment.

As the main issue in a Social Security case has to do with job reliability, you should ask your doctor to comment about how your heart disease would impact your ability to perform specific job tasks and about how it would affect your reliability (i.e. unscheduled breaks or missed days from work). Do not forget that some medication side effects can create activity limitations. Activity limitations in general are often referred to by SSA as "exertional limitations." In addition, heart disease can result in significant chest pain (angina) as well as anxiety or depression. Pain or depression/anxiety are referred to as "non-exertional" limitations because they affect your state of mind, and ability to concentrate or focus.

Call your Michigan Social Security Disability attorneys today at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, contact our office at http://allanwbenpc.com/ or mailto:info@allanwbenpc.com

Social Security Disability- Appeal your denial

When you apply for Social Security Disability benefits, there is a good chance that your application will be denied. Frequently deserving cases will be denied because the Social Security claims agent does not have medical records or other documentation to fully evaluate your claim.

If you are denied, do not give up. You can and should appeal your denial by filing a request for reconsideration within 60 days after receiving your denial. If your reconsideration appeal is also denied, you can and should request a hearing before a Social Security judge. Here, too, you have 60 days to file an appeal.

When you request a Social Security hearing, your case will be assigned to an administrative law judge in your community. Unlike the Social Security claims agents, Social Security judges have much more decision making power to approve your case. In most cases, you are better off retaining a lawyer to represent you in a hearing before a judge.

You should mail your appeal to the appeal address shown on your denial notice, preferably by registered mail, return receipt requested.

If you have misplaced the address for appeal, call SSA at 800-772-1213 to ask for a mailing address. Otherwise, look up the address in the phone book. If you are nearing the 60 day deadline, hand deliver your appeal to your nearest Social Security office and make sure to get a receipt for your filing.

Even if you send your appeal to the Social Security Administration at the wrong address, your appeal date will most likely be protected as long as someone, somewhere at Social Security received it. Even a fax will suffice.

Similarly, if you cannot download the appeal form, prepare something in writing that references your name and Social Security number along with a statement that you want to appeal, and get it to SSA.

You should always file your appeal within 60 days. It usually takes 1 to 2 years for your Social Security Disability appeal to be heard. During that time your condition(s) could get worse or you could get a new condition that will strengthen your case.

Call your Michigan Social Security Disability attorneys today at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, goto our website at http://allanwbenpc.com or contact our office at mailto:info@allanwbenpc.com

What are the different levels of the application and appeal process for Social Security Disability?

Whether you are applying for SSD or SSI the process is still the same.

1) Initial application

The claimant must complete an application for disability benefits. Then, the Disability Determination Service obtains your medical evidence and goes through the 5-step evaluation to determine disability. The claimant may be scheduled for a consultative examination with a state doctor as well.

2) Hearing before an Administrative Law Judge

If the initial application is denied, the claimant can file a request for a hearing before a judge, in which the case is presented through the claimant’s testimony and medical evidence. An impartial vocational or medical expert may also testify at the hearing. Although the claimant has a right to a hearing, he/she may waive that right, opting for a decision based only upon the medical evidence instead. Upon evaluation of all the evidence, the judge will issue a written decision.

A request for a hearing must be filed within 60 days of the date of denial. If you fail to do so, your case is over. You can start a new case, but you will not be able to go back to the date your filed your original case. Call 866-540-0677 and our experienced Michigan Social Security Disability lawyers can help you file your appeal. You should mail your appeal to the appeal address shown on your denial notice, preferably by registered mail, return receipt requested.

If you have misplaced the address for appeal, call SSA at 800-772-1213 to ask for a mailing address. Otherwise, look up the address in the phone book. If you are nearing the 60 day deadline, hand deliver your appeal to your nearest Social Security office and make sure to get a receipt for your filing.
Even if you send your appeal to the Social Security Administration at the wrong address, your appeal date will most likely be protected as long as someone, somewhere at Social Security received it. Even a fax will suffice.

3) Appeals Council

If the claimant receives an unfavorable decision, or does not fully agree with the judge’s decision, an appeal can be filed with the Appeals Council. The Appeals Council is comprised of administrative law judges who have the authority to grant, remand or deny your appeal. The Appeals Council will consider the hearing record and any additional evidence that has been submitted subsequently.NOTE: An Appeals Council appeal must be filed within 60 days of the date of the unfavorable decision.

4) U.S. District Court and beyond

If you do not agree with the action the Appeals Council has taken, the appeal moves out of the administrative courts. Subsequent appeals are filed in the federal courts: U.S. District Court, U.S. Circuit Court of Appeals and U.S. Supreme Court. It is very rare that a person gets to this level. Most cases are not overturned at these levels.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Social Security Disability-Can you still collect Unemployment Compensation?

A question we often get from clients are "I am receiving Unemployment Compensation benefits, can I still apply for Social Security Disability?"

If you are collecting Unemployment Compensation you can still apply for Social Security Disability. It is somewhat of a contradiction. Unemployment Compensation benefits are collected when you are fired from a job. Usually, in order to continue to collect Unemployment Compensation benefits you must be looking for employment. People applying for Social Security Disability are stating they need compensation because they are too disabled to work.

In 2006, the Chief Administrative Law Judge issued a memo to all the ALJ's reminding them that "the receipt of unemployment insurance benefits does not preclude the receipt of Social Security Disability benefits. It is only one of many factors that must be considered."

Also, the Social Security Regulations state that a person over 50, whose past work was physically demanding, is disabled if he or she is now limited to sedentary work. Thus, even if such a person receives Social Security Disability, he or she could be "ready willing and able" to do sedentary work and thus qualify for unemployment compensation as well!

The same is true for part time work; being "ready willing and able to work," but only less than full time, appears to allow for the receipt of both types of benefits.

As a practical matter the Agency and especially the Judges understand the need to get some income, so this has never been a significant problem for my clients. I have not seen any judges find a claimant not disabled until his unemployment compensation is exhausted, or even deny a claim due to receipt of unemployment compensation.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Social Security Disability-How many work credits are needed for Social Security Disability?

Social Security insured status depends completely upon quarters of coverage, a.k.a. work credits, for both fully insured and disability insured status. To be fully insured, you need at least one quarter of coverage for each year after the year you turned 21 and the earliest of the following: the year prior to your turning sixty-two, the year before you die, or the year you became disabled.

The minimum amount of quarters of coverage needed to be fully insured is six quarters of coverage and the maximum needed is forty quarters of coverage. Each year, an individual has the potential of earning four quarters of coverage through their work activity. Social Security establishes a monetary amount each year for a quarter of coverage. The amount of quarters of coverage or work credits that an individual earns has a direct affect upon their disability insured status.

Whether or not a claimant meets the medical disability listing set out by the Social Security Administration (SSA), to be eligible for Social Security disability benefits (under title II) the applicant must have earned a sufficient number of work credits in the years leading up to their disability. The amount of income required to earn a work credit changes from year to year, but in 2010 a worker can earn one work credit for every $1,120 in taxable income--capping out at four credits per year. In order to earn credits on income, the claimant must have paid Social Security taxes on that income.

The number of work credits required to claim disability is not the same for every claimant, and it depends heavily on your age at the time of disability. What claimants must also consider is that work credits must typically be earned within a recent time frame. The following is a breakdown of the credits required for claimants at a variety of ages:

--Age 23 or younger - Claimants are required to have at least 6 work credits, all earned within the 3 year period leading up to your disability.

---Between ages 24 and 31 - To qualify, work credits earned since the age of 21 should amount to half-time employment. For instance, a worker that becomes disabled 4 working years after age 21 (age 25) will require work credits totaling the equivalent of 2 years of full-time work (8 credits).

--Over the age of 31 - Eligible claimants are required to have at least 20 work credits earned within the 10 years leading up to the disability. As the claimant's age increases, so does the number of required work credits. By age 62, claimant's will need a total of 40 work credits.

Blind claimants, or those with low vision, have different work credit requirements. Their work credits may be accumulated over the course of all of their working years, and credits may still be earned for work performed even after becoming blind. If vision impaired claimants still do not meet the work credit requirements, they may sometimes acquire benefits using the work credits of a parent or spouse.

If an individual does not have enough work credits to be insured for Social Security disability benefits? Fortunately, Social Security administers another disability program that is based upon need rather than insured status. Individuals who are not insured for Social Security disability benefits may be eligible for Supplemental Security Income Disability benefits (SSI) if they are able to meet the income and resource limits of the program. SSI is like many other programs in that it has income and resource limits. Income might be wages, pension, disability benefits (short or long term), Workman’s Compensation, rental income, interest, etc., and a resource might be land (other than where an individual lives), inheritance, trust fund, bank account, 401K, stocks, bonds, etc). If an individual’s income or resources do not exceed the SSI program limits they may be eligible for disability benefits through the SSI disability program even though they do not have enough work credits for Social Security disability.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Michigan Social Security Disability- How Can I pay for a Michigan Social Security Disability Attorney when I am not working?

Many people applying for SSA Disability benefits, especially those who have been denied at the initial application level, have not worked for a while. Many of these people do not have money to pay for a Social Security Disability Lawyer. Therefore, the number one question on people’s minds is: How can I afford to pay an attorney when I am not working? The answer is simple: you only pay an attorney’s fee if you win your case. Generally, a disability attorney will represent clients on a contingency basis. That means you do not pay an attorney anything in advance and you do not pay an attorney fee if you do not win your case.

The SSA and federal law govern attorney’s fees in disability cases. The standard fee agreement states that the attorney’s fee is contingent upon winning your case. The fee is 25% of all past due benefits, up to a maximum of $6,000, or whichever is less. Thus, depending on the amount of your past due benefits, attorney fees are usually only a small portion of the benefits you receive.

For a Michigan Social Security Disability Attorney, the lawyers at Allan W. Ben P.C have years of experience winning Social Security Disability cases. At Allan W. Ben P.C., we work with first time applicants or those interested in appealing their Social Security Disability application that were denied. Our lawyers will walk you through the process to determine if you are eligible for benefits. If so, we offer to be your representative through the whole process, helping you submit your initial application for Social Security Disability Benefits, collect medical evidence, and appeal your denied claim in court if needed. Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com