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A recent news feature from NEWS OK takes a look the various disability benefits programs offered by the United States Social Security Administration (SSA) and also discuss when a claimant may be eligible to receive disability benefits.

magnifying-glass-1254223The article was basically a response to questions that had been asked by readers about the Social Security disability programs.  The first question was whether a person who became mentally disabled as a result of a car accident would be eligible for Social Security disability benefits. Continue reading

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There is no question that applying for Social Security Disability Insurance (SSDI) benefits can be a long a daunting process.  The first thing a claimant must do is to file an application with the Social Security Administration (SSA).  This application should be accompanied by supporting medical documentation to show that claimant is actually disabled.

pencil-tip-1251776Once the application is submitted, unfortunately, SSA will probably deny it.  In fact, most applications are rejected on their first pass, and it has little to do with whether the claimant is actually disabled.  This is basically an unwritten rule that the applications are rejected a lot of the time.  The reason for this is because it is a way to save money. Continue reading

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According to a recent news feature from the Wisconsin Watchdog, the United States Social Security Administration (SSA) has fired a whistleblower – and some members of Congress are not happy with this action by the administrative agency.

whistle-1419514For those who are not familiar with SSA, it is the federal agency that is responsible for administering the Social Security Disability Insurance (SSDI) program and the Supplemental Security Income (SSI) program. SSDI is a disability program designed told help disabled individuals who have worked long enough to accrue the requisite number of quarterly credits to qualify for benefits.  Every time a worker pays his or her taxes, a portion of that tax money goes to the fund the SSDI program and the SSI program as well as the Old Age and Retirement benefits fund, which is also run by the SSA. Continue reading

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A recent news feature from The Newberg Graphic takes a look at how the parents of children with cancer may be able to apply for Social Security disability benefits.  While we normally think of disability benefits for people have become injured or ill and can no longer work, there is also a program for children and some adults who are disabled and have never worked at all.  The disability program for those who have a work history is known as the Social Security Disability Insurance (SSDI) program, while the program available to some disabled children is known as the Supplemental Security Income (SSI) program.

989112_checking_the_mailThe first thing to understand is that the Supplemental Security Income program is an income-based program.  In other words, it is only available for those who live in very low income households and qualify based upon income guidelines.  The federal income guidelines are very strict and are based on the federal poverty level.  It should be noted that number can be higher than the actual poverty level in some cases.  On the other hand, SSDI benefits are not tied to household income.  While is true that the claimant cannot personally engage in substantial gainful activity (work), it does matter if the income is for the other members of the household. Continue reading

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Reece v. Colvin, involved a claimant who was born in 1980.  She did not graduate from high school, but she did obtain a GED.  She had only worked one job in her lifetime, which was assisting her husband at his turtle farm.  At the age of 29, she filed an application for Supplemental Security Income (SSI) with the United States Social Security Administration (SSA).  The SSA is the federal agency that oversees the Social Security Disability Insurance (SSDI) program, the SSI program, and the Old Age and Retirement benefits program.  SSI is generally for disabled children, blind people, disabled elderly persons and those who have not worked enough to have paid in the system to make them eligible for SSDI benefits.

turtles-1548521Her basis for filing a claim was that she could not work due to severe osteoarthritis, lumbago, a genetic spine disorder, stomach pain deemed chronic, and breathing issues. She submitted her application along with supported medical documentation, as the SSA requires.  Her documentation included records for her doctor who had treated her for pain for the year prior to her filing for disability benefits. Continue reading

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Aguiniga v. Colvin, a case from the U.S. Court of Appeals for the Eighth Circuit, involves a 44-year-old woman who was injured as a result of a serious motorcycle accident. This accident occurred in 2007, and she suffered a broken pelvis (six fractures) and also a broken wrist.

gavel211A few months later, she had an MRI taken, and she was diagnosed with a disc condition in her cervical and lumbar spine.  She also suffered from tingling and numbness in her extremities. She went to doctors on multiple occasions for treatment for this condition in the years following her serious motorcycle accident.  However, she was terminated as a patient from her physical therapy provider when she missed three appointments and did not reschedule these appointments. Continue reading

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There are two different types of Social Security disability benefits for which a disabled individual can apply, depending on the facts regarding his or her disability and work history. The most common type of benefits for which claimants apply are known as Social Security Disability Insurance (SSDI) benefits.  These benefits are designed to help people who have a substantial history of engaging in gainful employment, but can no longer work due to a disability.

wheelchair5The second type of benefits available to some claimants are known as Supplemental Security Income (SSI).  Like SSDI, SSI benefits are also administered by the United States Social Security Administration (SSA), which is a federal executive agency. SSI benefits are designed to help disabled children in low-income households.  The program is also designed to help blind and disabled elderly individuals.  There is no requirement that a person have worked to apply for this type of disability award. Continue reading

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As you may have already heard, a Social Security Administration (SSA) administrative law judge (ALJ) was accused to have been of sexually harassing his co-workers at the agency and writing derogatory things about Social Security Disability Insurance (SSDI) benefits claimants when denying their applications.

gavel211Following these accusations that came as result of a whistleblower inside the SSA (the federal agency responsible for administering the Social Security disability programs and the Social Security Old Age and Retirement program), there was a widespread opinion that he should resign as an ALJ before being subject to discipline. Continue reading

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O’Connor-Spinner v. Colvin, a case from the U.S. Court of Appeals for the Seventh Circuit, involves a claimant who was suffering from a degenerative disk disease, severe sleep apnea, restrictive lung disease, obesity, and depression.  In this case, unlike many other Social Security Disability Insurance (SSDI) appeals, there was no dispute as to the existence or severity of claimant’s physical medical condition.

1028452_syringes_and_vialAccording to claimant, these conditions make it only possible for her to perform light work.  However, her depression made impossible to perform any work.  The singular issue in this appeal is whether her depression did in fact render her unable to work. This was the second time the Court of Appeals had heard this issue, as the claimant had applied for disability benefits earlier, and the court of appeals found the judge had not properly questioned experts in this case. Continue reading

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As discussed in a recent news feature from ABC News, the United States Social Security Administration (SSA) will subject a claimant to review process at certain intervals following an award of disability benefits.  While in most cases it is just a scheduled or even random review, in some cases the agency does suspect fraud and will require a claimant to undergo a review.

deniedThe process by which the SSA will typically request a review is to send a letter to the claimant requesting that the claimant see a certain doctor and have an evaluation as to their condition that qualifies them for disability benefits. This doctor does not necessarily work directly for the SSA, but the doctor does get paid by SSA, so there is certainly some level of bias we see from time to time. Continue reading

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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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