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-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- The differences between Sedentary work, light work, medium work and heavy work and how it may effect your claim for benefi

In SSR 83-10, the Social Security Administration defines the different exertional levels of a job. Social Security defines each level based on how much weight can be picked up, how long a person can sit and stand, how long a person can walk etc.

Sedentary Work:

Lifting and carrying is limited to 10 pounds or less, standing and walking is limited to under two hours out of an eight hour day. The majority of the time is spent sitting. However, a job can allow you to alternate between sitting and standing, and still be considered a sedentary job.

The regulations define sedentary work as involving lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although sitting is involved, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met. By its very nature, work performed primarily in a seated position entails no significant stooping. Most unskilled sedentary jobs require good use of the hands and fingers for repetitive hand-finger actions.

"Occasionally" means occurring from very little up to one-third of the time. Since being on one’s feet is required "occasionally" at the sedentary level of exertion, periods of standing or walking should generally total no more than about 2 hours of an 8-hour workday, and sitting should generally total approximately 6 hours of an 8-hour workday. Work processes in specific jobs will dictate how often and how long a person will need to be on his or her feet to obtain or return small articles.

Light Work:
　
The standing and sitting maximums are flipped: sitting is limited to 2 hours out of an eight-hour day, and standing is limited to 6 hours out of an eight-hour day. Lifting increases from 10 pounds to 20 pounds occasionally, and 10 pounds frequently.
　
The regulations define light work as lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted in a particular light job may be very little, a job is in this category when it requires a good deal of walking or standing, the primary difference between sedentary and most light jobs. A job is also in this category when it involves sitting most of the time but with some pushing and pulling of arm-hand or leg-foot controls, which require greater exertion than in sedentary work; e.g., mattress sewing machine operator, motor-grader operator, and road-roller operator (skilled and semiskilled jobs in these particular instances). Relatively few unskilled light jobs are performed in a seated position.

"Frequent" means occurring from one-third to two-thirds of the time. Since frequent lifting or carrying requires being on one’s feet up to two-thirds of a workday, the full range of light work requires standing or walking, off and on, for a total of approximately 6 hours of an 8-hour workday. Sitting may occur intermittently during the remaining time. The lifting requirement for the majority of light jobs can be accomplished with occasional, rather than frequent, stooping. Many unskilled light jobs are performed primarily in one location, with the ability to stand being more critical than the ability to walk. They require use of arms and hands to grasp and to hold and turn objects, and they generally do not require use of the fingers for fine activities to the extent required in much sedentary work.

Medium Work:

Medium work requires almost constant standing or walking, or kneeling, squatting, bending, climbing along with lifting 50 pounds occasionally and up to 25 pounds frequently.

The regulations define medium work as lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds. A full range of medium work requires standing or walking, off and on, for a total of approximately 6 hours in an 8-hour workday in order to meet the requirements of frequent lifting or carrying objects weighing up to 25 pounds. As in light work, sitting may occur intermittently during the remaining time. Use of the arms and hands is necessary to grasp, hold, and turn objects, as opposed to the finer activities in much sedentary work, which require precision use of the fingers as well as use of the hands and arms.

The considerable lifting required for the full range of medium work usually requires frequent bending-stooping. (Stooping is a type of bending in which a person bends his or her body downward and forward by bending the spine at the waist.) Flexibility of the knees as well as the torso is important for this activity. (Crouching is bending both the legs and spine in order to bend the body downward and forward.) However, there are relatively few occupations in the national economy which require exertion in terms of weights that must be lifted at time (or involve equivalent exertion in pushing and pulling), but are performed primarily in a sitting position, e.g., taxi driver, bus driver, and tank-truck driver (semi-skilled jobs). In most medium jobs, being on one’s feet for most of the workday is critical. Being able to do frequent lifting or carrying of objects weighing up to 25 pounds is often more critical than being able to lift up to 50 pounds at a time.

Heavy and very heavy work:

Heavy and very heavy work is any work above the median exertional category. It involves jobs lifting up to, or more than, 100 pounds. The heaviest and most difficult construction work, often including construction cleanup, may be characterized as heavy or very heavy work.

If you or a loved have applied for Social Security Disability you should consult with an experienced Michigan and Arizona Social Security Disability attorney. Allan W. Ben P.C. is a Michigan and Arizona Social Security Disability law firm which can help you or your loved one with their case. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. We also handle Social Security cases in Scottsdale and Phoenix, call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Social Security Disability- Tips to help you win your case

Listed below are tips on documenting the frequency, severity, and duration of your symptoms and limitations caused by your diagnosis:

What You Should be Documenting: Document everything that prevents you from working. It is very important to document why your chronic pain or fatigue is different from what the average person experiences. Most people experience some degree of pain or fatigue from time to time, so you need to be able to distinguish your degree of pain and fatigue from the average so your doctors and the judge can get an idea of why your symptoms prevent you from working at any job. For example, if your pain is so frequent, severe, and lasts so long that you need to lie down several hours each day, then the Social Security Judge may understand that your pain is disabling and will prevent you from working at any job.

Obtain a Copy of Your Medical Records from Your Treating Physicians: Obtaining a copy of your treating physician's medical records will give you an idea of whether your symptoms or limitations are being properly recorded. You may be surprised to find that your symptoms or limitations have not been recorded by your doctor. Also, your doctor's notes may be illegible. Illegible handwriting is a real problem. Judges who decide your disability case generally do not try too hard to decipher what the doctor's notes say. If this is an issue, make an appointment with your doctor and explain the importance of the documentation for your case. Hopefully your doctor will be willing to improve the way he documents your symptoms and limitations. This can be the difference in winning and losing your case.

Keep a Diary of Your Symptoms and Limitations Before Your Next Doctor's Visit: Keep a short diary of your daily life before your next doctor's appointment. The diary entries should be short and simple. Document if you cannot get out of bed due to your chronic pain or fatigue. Document if you were only able to sleep for two hours the night before and then had to take naps the next day. Document migraine headaches that last three days even though you took your medication. By documenting your symptoms or limitations, you will be able to give your doctor a list of how these affect your daily life.

If you or a loved have applied for Social Security Disability you should consult with an experienced Michigan and Arizona Social Security Disability attorney. Allan W. Ben P.C. is a Michigan and Arizona Social Security Disability law firm which can help you or your loved one with their case. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. We also handle Social Security cases in Scottsdale and Phoenix, call are office toll free at 866-540-0677, by email at mailto:info@allanwbenpc.com , or www.allanwbenpc.com

Michigan Social Security Disability Appeal

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, contact our office at mailto:info@allanwbenpc.com

Will Congestive heart failure qualify you for Social Security Disability?

Congestive heart failure (CHF), also known as congestive cardiac failure (CCF) or simply heart failure, happens when the heart is unable to pump a healthy flow of oxygen-rich blood throughout the rest of the body. Although the name implies that the heart has failed or stopped, this is not actually the case; the heart continues beating and there is no chest pain associated with congestive heart failure. Instead, the blood flowing out of the heart is simply slowed down.


Congestive heart failure is the leading cause of hospitalization in those over 65 and can happen for a myriad of reasons, from heart defects, infection in the valves or lungs, high blood pressure or thyroid disease to narrowed arteries, disease of the heart muscle or valve, chronic anemia, coronary artery disease or scar tissue left from a past heart attack. Whatever the initial cause, the heart muscle becomes damaged and blood flow slows.

The cause of congestive heart failure is due to either systolic dysfunction, which is due to the pump function of the heart failing, or due to diastolic dysfunction, which is caused by a stiff ventricle wall that is not relaxing properly. In the case of diastolic dysfunction the result is a low stroke volume.

Signs of congestive heart failure are dependent upon which side of the heart is affected and can range from a shortness of breath, tiredness and poor circulation to dizziness and weight gain caused by fluid retention and swelling in the legs and ankles. To clinically diagnose congestive heart failure an ultrasound may be used to determine the amount of blood that is being pumped with each heartbeat, an X-ray may be used to detect the size of the heart, an electrocardiogram may be used to determine abnormalities or blood tests may be performed to show infection.

If congestive heart failure is diagnosed, doctors will normally suggest rest, a healthy diet, weight loss and less sodium and water intake. Depending upon the cause of congestive heart failure, they may also prescribe various drugs such as beta blockers, diuretics, vasodilators, angiotensin-converting enzyme inhibitors or digitalis. In some cases a valve may need replaced and if congestive heart failure is allowed to go unchecked and causes irreparable damage to the heart, it may result in a heart transplant.

To properly evaluate disability claims for CHF, the Social Security Administration (SSA) usually needs at least three months of detailed records describing your medical history, physical exams, lab studies, and response to treatment. A record of your medical findings over an extended period of time is called "longitudinal medical evidence."

The reason SSA looks at your condition over an extended period of time is to see if your ability to function despite your condition will stay the same, worsen, or improve with treatment. SSA won’t wait at least three months to make a decision on all CHF claims; especially if your longitudinal medical records show that your condition has continued to worsen or has not improved with treatment.

If your condition is unstable when you apply for disability, SSA may wait until your condition stabilizes with treatment to see how well you are able to function at that time. That wait-time for stabilization to occur is typically 3 months. For example, if you are hospitalized with CHF, SSA may wait 3 months to see how well you do on medications after discharge.

If you or a loved have been denied Social Security Disability and you need to appeal your case , you should consult with an experienced Michigan or Arizona Social Security Disability attorney. Allan W. Ben P.C. is a Michigan and Arizona Social Security Disability law firm which can help you or your loved one with their case. We handle cases all over Michigan including Oakland County, Wayne County, Macomb County and Livingston County. We also handle Social Security cases in Scottsdale and Phoenix, Call are office toll free at 866-540-0677 or by email at mailto:info@allanwbenpc.com

Michigan Social Security Disability Attorney- Migraine Headaches

A migraine is a neurological condition. Migraines are chronic headaches with symptoms lasting hours, possibly days. The frequency of migraines is unpredictable; they can happen weekly, monthly, or less often. It often results in recurring attacks that have similar attributes to that of a normal headache, but are much longer in duration and more much more severe than a common headache. Migraines are typically classified into two categories: classic and common. Classic migraines are often preceded by visual disturbances and odd physical sensations that can include tingling, numbness, nausea and vomiting. Precursors to common migraines are feelings of depression and/or restlessness, or even periods of talkativeness. These symptoms are usually experienced two to three days before the migraine starts. It is estimated that approximately 30 million Americans suffer from migraine headaches.

There are many people who suffer from migraines that can not work full time because of the pain from their migraines. We have many clients who have applied for Social Security Disability because of these limitations. If you have no other impairments and have migraines on a limited basis you are not likely going to qualify for Social Security Disability benefits. The more often you have migraines that are debilitating the better chance you have of being successful in your case.

There are a few things that a claimant can do to help their case. First, keep a diary of your headaches. Keep track of the date you have your migraine, how many days the migraine lasts, what medications you took for your migraine, and what actions you took to help with the pain from your migraine. Second, your doctor has to have very specific information about your migraines. Your doctor has to note in your medical records The basic argument the lawyers at Allan W. Ben P.C. make for our clients are that due to the frequent and debilitating migraine headaches, our client would not be a reliable employee at even a low stress, simple job with minimal physical and mental demands.

In migraine headache cases, the functional capacity limitations that we usually see involve job attendance and daily reliability. Migraine patients frequently experience headaches randomly, with no specific cause identified. When a migraine hits, the claimant needs to lie down in a dark room and avoid all stimuli including noise or light. If the claimant happens to be at work, he/she has to leave or be driven home. Unscheduled absences from work are also common. From what our clients tell us, severe migraine headaches cause pain at such a level that no activities of any type are tolerable.

If your doctor will document your activity limitations, you have a good chance at being successful. For example, you will want your treating doctor to state that you will need unscheduled breaks from work, that you will miss several days of work each month because you can’’t come in, and that you need low stress activities. Your doctor should also describe the unpredictability of your migraine headaches, side effects of medications and how successful are your medications in reducing your symptoms.

If you find that the frequency and duration of your migraine headaches leave you unable to find or keep a job, you may have a viable Social Security Disability claim. You need to speak with an experienced Michigan or Arizona lawyer, you need to contact Allan W. Ben P.C. at 1-866-540-0677 for an expierenced Michigan and Arizona Social Security Disability attorney. You can get more information about our law firm at www.allanwbenpc.com