Disability Rights Law CenterLos Angeles Social Security Disability Attorney | SSDI Benefits2024-03-06T19:27:55Zhttps://www.california-disability.com/feed/atom/WordPressOn Behalf of Disability Rights Law Centerhttps://www.california-disability.com/?p=525662024-03-04T19:28:02Z2024-03-06T19:27:55ZKnow the rules
Familiarize yourself with the SSDI guidelines regarding work and income. Being aware of the specific rules and thresholds, such as Substantial Gainful Activity limits, provides a foundation for evaluating your readiness for employment.
Explore Trial Work Periods
Take advantage of the Trial Work Periods offered by SSDI. During your TWP, you can test your ability to work for up to nine months within a rolling 60-month period without affecting your benefits. This period provides a valuable opportunity to assess your readiness for sustained employment.
Consider part-time work
Opting for part-time work initially allows for a gradual transition. It can help you gauge your physical and mental capabilities without immediately reaching the SGA limits. Part-time employment allows you to ease into the workforce while maintaining SSDI benefits.
Monitor earnings
Keep a close eye on your earnings to ensure they stay within the allowable limits. These limits are typically adjusted annually, and staying within them during your TWP helps you maintain SSDI benefits while exploring your readiness for work.
Document impairment-related expenses
If you incur impairment-related work expenses due to your disability, keep thorough records. These expenses, such as assistive devices or accommodations, are excludable when calculating income, potentially helping you stay within the SGA limits.
Communicate with SSDI
Regular and accurate communication with SSDI is necessary. Report any changes in your work status promptly. Fulfilling reporting requirements ensures that SSDI can make informed determinations about your ongoing eligibility and benefit amounts.
Plan for the future
Consider the long-term sustainability of your work activities. Assess whether you can maintain employment beyond your TWP and continue to meet SSDI guidelines. Planning for the future helps ensure a stable transition back to work without jeopardizing your benefits.
By navigating these steps thoughtfully, you can assess your readiness for work while maintaining the important support provided by SSDI.]]>On Behalf of Disability Rights Law Centerhttps://www.california-disability.com/?p=525552024-02-21T02:19:37Z2024-02-22T02:18:42ZEligibility for Social Security disability benefits
The severity of a person's condition and its impact on their ability to work are factors that determine eligibility for Social Security disability benefits. The Social Security Administration considers HIV/AIDS to be a disabling condition if it meets certain criteria, regardless of viral load. The key factors in determining eligibility are the presence of specific symptoms or complications that limit a person's job performance.
Impact of being undetectable on disability benefits
If antiretroviral therapy drugs control patients’ HIV and they have no symptoms or complications that impact their professional lives, they may not meet the criteria for disability benefits. However, those taking virus-suppressing medicines may experience the following side effects:
Headache
Nausea, vomiting or diarrhea
Insomnia
Rash
Pain
If these side effects interfere with functioning in daily life, the person taking the drugs may still be eligible for benefits.
The SSA evaluates each case individually, considering the impact of the condition on the person's ability to function in a work environment. Being undetectable does not disqualify someone from receiving disability benefits, but it is one of many factors considered in the evaluation process.]]>On Behalf of Disability Rights Law Centerhttps://www.california-disability.com/?p=525532024-02-05T19:16:26Z2024-02-07T19:16:20ZWork requirement criteria
The SSA uses a credit-based system, where workers earn credits based on their work history and payment of Social Security taxes. Generally, individuals need 40 credits to qualify, and 20 of those credits must be in the last 10 years leading up to their disability.
The severity of the disability
Janitors or cleaners must provide comprehensive medical documentation supporting their inability to engage in substantial gainful activity due to their impairment. The SSA evaluates the medical evidence to determine if the disability meets the criteria in the "Blue Book," a guidebook of impairments.
Many disabilities can affect a janitor or cleaner’s ability in areas such as heavy lifting and moving objects, standing for long periods, bending, handling hazardous chemicals, climbing ladders and performing tasks that require fine motor skills.
Duration of disability
Medical professionals must expect the disability to last for at least 12 months or result in death. Short-term or partial disabilities do not meet the eligibility criteria for SSDI. Therefore, applicants must carefully consider the duration and impact of their disability.
The application process
The SSDI application involves providing detailed information about work history, medical conditions and treatments. The process demands accuracy and attention to detail, as incomplete or inaccurate information may lead to delays or denials. Janitors or cleaners must gather all relevant medical records, employment history details and other supporting documents to facilitate a smooth application process.
Appeals
If a denial occurs, janitors or cleaners have the option to appeal the decision. Understanding the appeals process is important. Applicants should prepare to present additional evidence or documentation to strengthen their case.
Successfully obtaining SSDI often requires a commitment to providing accurate and comprehensive information during the application process.]]>On Behalf of Disability Rights Law Centerhttps://www.california-disability.com/?p=525512024-01-23T01:58:43Z2024-01-25T01:57:54ZTherapy requirement
To get help for mental disorders, people usually need therapy. This process means talking with a mental health professional to figure out how the condition affects daily life. Going to counseling shows a commitment to managing the disorder.
Medicine compliance
Besides therapy, getting help also means taking medicines as prescribed. Mental disorders may need medication to stabilize symptoms and enhance well-being. Doing so is evidence that individuals seeking ways to improve their mental health.
Medical exemptions
Some individuals do not want to take certain medications because they have had adverse side effects in the past. Other people have life-threatening allergies to ingredients in some products. In these cases, it may be possible to obtain a medical exemption from taking a prescribed medicine.
Other treatments
Medication is not the primary treatment for many mental conditions. Sometimes, doctors suggest different ways to manage the following conditions:
Non-medical treatments may include hypnosis, meditation or exercise. These lifestyle modifications have fewer side effects and can sometimes replace medication.
Daily life
Besides receiving treatment, applicants also must prove that a mental health condition makes daily life harder. They must show the challenges they face in areas such as work, relationships and self-care.
After initial approval, individuals are often subject to regular monitoring. This policy means that receiving counseling and medication are not one-time requirements. Instead, there must be ongoing treatments to manage a condition.]]>On Behalf of Disability Rights Law Centerhttps://www.california-disability.com/?p=525492024-01-17T19:08:10Z2024-01-18T19:05:52ZChevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984)
In October 2023, the Social Security Administration collected $143 billion for SSDI benefits, and past Supreme Court cases impacted its distribution. Chevron U.S.A. Inc v. Natural Resources Defense Council, Inc. (1984) established the Chevron deference, a principle that impacts SSDI rights and benefit distribution. This doctrine gives deference to federal agencies' interpretations of statutes, shaping how the SSA administers and interprets SSDI laws.
Bowen v. City of New York (1986)
The Court's decision in Bowen v. City of New York reinforced the importance of judicial review in SSDI cases. This ruling highlighted the need for individuals to have access to courts for fair evaluations of their SSDI claims, ensuring a transparent and just process.
Sullivan v. Zebley (1990)
Sullivan v. Zebley marked a turning point in SSDI determinations. The Court ruled that the burden of proof shifts to the government if a claimant presents evidence that their impairment meets or equals a listed impairment. This decision clarified the responsibility of the SSA in thoroughly evaluating claimant cases.
Brissette v. Commissioner of Social Security (2003)
In Brissette v. Commissioner of Social Security, the Supreme Court addressed the definition of disability, emphasizing that individuals seeking SSDI benefits must demonstrate the inability to engage in substantial gainful activity due to a medically determinable impairment. This decision set a standard for eligibility criteria.
Understanding these decisions helps those navigating the complex world of disability benefits.]]>On Behalf of Disability Rights Law Centerhttps://www.california-disability.com/?p=525472024-01-10T21:43:36Z2024-01-10T21:43:36ZCauses and risk factors
Ischemic heart disease often results from atherosclerosis. When plaque builds up on the inner walls of the coronary arteries, it can restrict blood flow. If left unchecked, accumulating plaque can eventually lead to a complete blockage.
Several risk factors contribute to the development of ischemic heart disease, including high blood pressure, high cholesterol levels, smoking, obesity and a sedentary lifestyle.
Effects on the heart
With compromised blood flow, the effects on the heart organ can be profound. The most common consequence is chest pain which occurs when the heart muscle does not receive enough blood. With severe restrictions or complete blocks, a heart attack can occur. The severity of potential health effects illustrates why the Social Security Administration frequently considers ischemic heart disease a disabling condition.
Chronic consequences
Over time, recurrent episodes of reduced blood flow to the heart can weaken the organ, leading to heart failure. Heart failure occurs when the heart cannot pump blood efficiently, causing fatigue, shortness of breath and fluid retention.
Additionally, ischemic heart disease is a major contributor to the development of abnormal heart rhythms, or arrhythmias, which can further complicate the health of the heart.
Treatment and management
Lifestyle changes and medications play an important role in the treatment and management of heart disease. Medications may include blood thinners, cholesterol-lowering drugs and medications to control blood pressure. In severe cases, surgical procedures may be necessary to restore proper blood flow to the heart.
According to the Centers for Disease Control and Prevention, 5% of American adults aged 20 and older experience heart disease. For these individuals, accessing disability benefits can offer immense peace of mind when facing serious health issues.]]>On Behalf of Disability Rights Law Centerhttps://www.california-disability.com/?p=525452024-01-02T20:00:39Z2024-01-02T20:00:39Z1. Incremental benefit adjustments
Social Security benefits often undergo periodic adjustments to account for the cost of living. In 2024, individuals receiving SSD and SSI benefits can anticipate a 3.2% increase in their monthly payments. This adjustment is a response to changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers, reflecting the evolving economic landscape.
2. Adjustments in earnings limits
For those on disability benefits who engage in part-time work, it is important to note that there are changes in the earnings limits for 2024. The Social Security Administration recalibrated the threshold for allowable earnings without affecting one's eligibility for benefits.
3. Periodic reviews for medical eligibility
To maintain accuracy and fairness, the SSA will conduct periodic reviews of medical eligibility for disability benefits. This involves reassessing the health conditions that initially qualified individuals for SSD or SSI benefits. The goal is to ensure that beneficiaries still meet the necessary criteria for receiving assistance.
4. Streamlined application processes
Recognizing the importance of efficiency in the application process, the SSA introduced streamlined measures for individuals seeking disability benefits. The aim is to reduce the time it takes for applicants to receive a decision on their claims. These improvements are part of ongoing efforts to enhance the overall experience for those navigating the complexities of applying for SSD and SSI benefits.
Keeping abreast of these changes is important for individuals dependent on these benefits. It enables them to navigate the system more effectively and plan for their financial well-being.]]>On Behalf of Disability Rights Law Centerhttps://www.california-disability.com/?p=525432023-12-15T20:51:35Z2023-12-15T20:51:35Z1. Musculoskeletal disorders
Musculoskeletal disorders affect the body's muscles, bones, tendons, ligaments and other connective tissues. Conditions like arthritis, back pain and degenerative disc disease often fall under this category. These disorders can result in chronic pain, limited mobility and difficulty in performing daily tasks.
2. Cardiovascular conditions
Cardiovascular disorders, such as heart failure, coronary artery disease or chronic heart conditions, may also qualify for SSDI. These conditions can severely limit a person's stamina and ability to engage in physical activities.
3. Respiratory disorders
Respiratory conditions like chronic obstructive pulmonary disease, asthma or severe lung impairments can qualify individuals for SSDI. These disorders can result in breathing difficulties and reduced oxygen intake. This creates limitations on physical exertion.
4. Neurological disorders
Neurological conditions, such as multiple sclerosis, epilepsy or Parkinson's disease, can significantly impact a person's ability to work. These disorders often involve disruptions in the central nervous system. This leads to difficulties in coordination, muscle control and cognitive functions.
5. Vision and Hearing Impairments
Severe vision or hearing impairments ineligible for corrects with aids may qualify individuals for SSDI. Visual or auditory conditions that impede an individual's ability to perform work-related tasks factor into the disability evaluation process.
In 2022, 9.2 million people received disability benefits. Regardless of the type of condition, thorough documentation of the severity and impact of these conditions is important for a successful SSDI claim.]]>On Behalf of Disability Rights Law Centerhttps://www.california-disability.com/?p=525412023-12-05T18:47:23Z2023-12-05T18:47:23Z1. Severity of symptoms
The SSA assesses the severity of mental health symptoms to determine their impact on daily life and work functionality. Claimants must provide comprehensive documentation showcasing the consistent presence of symptoms such as depression, anxiety or cognitive impairments. This evidence may include medical records, therapist notes and psychiatric evaluations.
2. Duration of impairment
Another important factor in the approval process is the duration of the mental health impairment. The SSA looks for evidence that the person dealt with or will deal with the condition for a continuous period of at least 12 months. This underscores the long-term nature of the disability and the necessity for ongoing support.
3. Treatment compliance and response
Another consideration is whether the claimant follows prescribed treatment plans and medications. This involves providing evidence of consistent engagement with mental health professionals, attending therapy sessions and adhering to medication regimens. Additionally, the SSA evaluates the response to treatment. If the individual has shown limited improvement despite undergoing appropriate treatment, it strengthens the case for disability benefits.
4. Functional limitations
The SSA evaluates the functional limitations imposed by the mental health condition. This includes the ability to concentrate, persist in tasks, interact with others and adapt to changes in the workplace. Detailed documentation from mental health professionals outlining these limitations is crucial. The goal is to highlight the practical obstacles individuals face in a work environment due to their mental health impairment.
In 2022, approximately 59.3 million American adults lived with a mental health condition. By taking a strategic approach, individuals navigating SSD for mental health conditions can enhance their chances of receiving the support they need.]]>On Behalf of Disability Rights Law Centerhttps://www.california-disability.com/?p=525392023-11-25T19:45:15Z2023-11-25T19:45:15ZUnderstand the reasons
In 2022, Social Security Administration field offices received 1,804,384 applications for SSD, but only 543,445 received approval. Therefore, find out the specific reasons for your rejection.
Gather additional medical evidence
One common reason for SSDI denials is a lack of sufficient medical evidence, so compile detailed records of your medical history, treatments and any recent developments in your condition. Consult your healthcare providers for supporting documentation.
Seek professional input
Seek guidance from a knowledgeable advocate or representative. Reach out to disability advocacy groups or non-profit organizations that provide assistance with SSDI appeals. They can offer valuable insights and resources.
Review the grid rules
SSDI has a set of medical-vocational guidelines, commonly known as the "grid rules." These rules consider your age, education, work experience and functional limitations. Review these rules to understand how they apply to your case and if the SSA correctly assessed your initial application.
File a Request for Reconsideration
File a Request for Reconsideration. Submit a detailed explanation of why you believe the initial decision was incorrect. Include any new evidence you have gathered to strengthen your case. Be thorough and organized in presenting your arguments.
Prepare for a hearing
Prepare to present your case in front of an administrative law judge. Organize your evidence, be clear and concise in your statements and prepare to answer questions about your condition and its impact on your ability to work.
The SSDI application process can be lengthy. Continue to work closely with healthcare professionals, follow the appeal process diligently and stay engaged in the pursuit of the benefits you rightfully deserve.]]>