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Archive for October, 2011

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Pancreatitis and Social Security Disability Benefits

Monday, October 31st, 2011

The pancreas is a large gland behind the stomach and close to the duodenum, which is the first part of the small intestine. If this gland becomes inflamed it can cause pancreatitis.

What does the pancreas do? It secretes enzymes into the duodenum, through the pancreatic duct, which combine with bile to help digest food. Hormones, including glucagon and insulin, are also released by the pancreas into the bloodstream. Pancreatic hormones can also help the body control the glucose it absorbs from food.

Pancreatitis may cause the digestive enzymes which are used to digest food to become active before they reach the small intestines. If this occurs, the enzymes can damage the tissues that create them.

Symptoms of pancreatitis can include fever, bleeding, infection, tissue damage, and vomiting. Individuals may have either an acute condition, which appears and leaves suddenly, or a chronic condition, which slowly destroys the pancreas. Either condition can be extremely serious and sometimes fatal.

Treatment for pancreatitis should be immediate, especially if there is bleeding, which can lead to damage to an individual’s lungs, heart and kidneys.

Diagnosing Pancreatits

A physical exam or blood test can generally identify pancreatitis. Doctors will also generally order a CT or CAT scan if the patient has severe abdominal pain. Blood tests can reveal high levels of lipase or amylase, and CT Scans can reveal gallstones or inflammation.

Winning Social Security Disability Benefits for Pancreatits

Claimants can win disability benefits either by meeting a listing on the Social Security Administration Listing of Impairments (also known as the Blue Book) or through a medical vocational allowance.

Meeting a Listing on the SSA Blue Book

Although pancreatitis can be a very serious or painful condition, the SSA does not currently have listing in the SSA Blue Book to evaluate this condition. This does not mean, however, that a claimant could not make an argument that a severe case of chronic pancreatitis could not be as severe as a listed condition, especially if it has led to damage of organs (heart, lungs or kidneys).

If you believe your condition is as serious as a condition listed in the Blue Book, contact a disability lawyer and work with them to develop your disability claim.

Getting disability for Pancreatitis through a Medical Vocational Allowance

Most claimants who win Social Security Disability benefits do so through a medical vocational allowance. Using this disability determination method the Social Security Administration focuses less on the claimant’s diagnosis and more on their resulting limitations.

For instance, the SSA will evaluate, given the claimant’s age, educational level, work history, and residual capacity to work whether they can perform substantial gainful activity.

So how do you prove you cannot perform substantial activity? Make sure your medical records clearly outline your work limitations. For instance, do your medical records clearly document the following?

• How long you can walk, sit or stand?
• Do you have to take frequent breaks?
• How much weight can you lift or carry?
• How frequently do you have to go to the restroom?
• Do you have difficulty completing a work day? Work week?
• Can you reach overhead?
• How much weight can you push or pull?
• Does your medical interfere with your ability to work?
• Can you drive?
• Have you lost a significant amount of work?
• How often do you have to go to the doctor?

These are just a few questions, but the more limitations you have to perform work functions, the more likely the SSA will determine that you do not have the residual capacity to work.

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When does the SSA schedule my SSD evaluation?

Saturday, October 29th, 2011

Many Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claimants want to know if or when the Social Security Administration will send them to a doctor or to an “evaluation” to determine if they are disabled.

It is important to understand there is no “evaluation” exam to determine disability for all claimants. The Social Security Administration (SSA) instead focuses on a claimant’s medical records from qualifying medical sources to make their disability determination for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Qualifying medical sources include:

• Licensed physicians (medical or osteopathic doctors)
• Licensed or certified psychologists.
• Licensed optometrists
• Licensed podiatrists
• Qualified speech-language pathologists
• Medical Reports

Medical reports can include the medical history of a claimant, clinical findings (such as the results of physical or mental status examinations), laboratory findings (such as blood pressure, x-rays), diagnosis (statement of disease or injury based on its signs and symptoms), treatment prescribed with response, and prognosis and statements about what the claimant can still do despite their impairment.

When does the SSA send a claimant to an evaluation?

Claimants are sent to a consultative examiner (C.E.) only if the SSA does not have enough information to make a disability determination, the treating physician is not a specialist for the claimant’s medical condition or the claimant’s treating sources have failed to send the claimant’s medical records.

What does a C.E. do? They simply perform a cursory medical review of the claimant’s mental or physical health status and offer a professional opinion to the Social Security Administration about the claimant’s mental or physical limitations. The C.E. does not offer an opinion about whether the claimant is disabled or have the authority to approve benefits.

Does the Consultative Examiner help my disability claim?

Some claimants will benefit from the Consultative examination, especially those who have disabilities that are easily diagnosed and obvious to an observer in a short examination. Others, who have conditions which are not so readily apparent, may not benefit for a C.E. exam.

Remember, a C.E. is not employed by the Federal Government and they are supposed to provide “objective” information to the SSA, but unfortunately, a one time, cursory exam cannot possibly replace medical documentation provided by a physician who has an ongoing relationship with a claimant.

Consultation examiners are not a very good substitute for thorough, comprehensive treatment from a doctor. In fact, according to Social Security Administration, they must consider the claimant’s treating physician as the primary source of information about their mental or physical health condition.

So when is the SSA going to send you to a disability examination? Hopefully, they do not have to. If they do send you to an exam it is because they do not have enough information to find you disabled.

Hiring a Disability Lawyer

If you would like a Social Security Disability attorney to review your Supplemental Security Income or Social Security Disability claim, fill out the FREE evaluation form and a disability advocate will call you to review your claim or you can call our office at 1-800-641-3759 to talk to someone now.

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Can I get Social Security Disability benefits for Gastroparesis?

Friday, October 28th, 2011

Gastroparesis is a condition in which the muscles which propel food through an individual’s digestive tract do not function properly, interfering with digestion.

Specifically, the vagus nerve, which is responsible for moving food through the stomach and digestive tract, is damaged. Gastroparesis causes a variety of symptoms including heartburn, vomiting, nausea, abdominal bloating, uneven blood sugar levels, weight loss, lack of appetite, spasms in the stomach, and malnutrition.

Gastroparesis can cause a wide variety of symptoms, ranging from the mild to severe. Frequency of symptoms can also vary, and doctors may have a difficult time diagnosing this condition.

Controlling Gastroparesis

There are a variety of treatment options such as avoiding certain high fiber, fatty or carbonated foods and beverages. Dieticians can also help individuals outline an eating plan which can include eating smaller meals, drinking more water and moderate exercise.

Winning SSA Disability Benefits for Gastroparesis

Claimants may win Social Security Disability benefits either by “meeting a listing,” which means they have a condition which is listed on the Social Security Administration’s Listing of Impairments (also called Blue Book) or through a medical vocational allowance.

Gastroparesis is not specifically listed in the SSA Blue Book, although because this condition can cause an imbalance in blood sugar levels certain claimants may qualify under Section 9.00 Endocrine Disorders if they can prove that have chronic hyperglycemia.

• Section 9.00 Endocrine Disorders – Chronic hyperglycemia

Chronic hyperglycemia, which is longstanding abnormally high levels of blood glucose, leads to long-term diabetic complications by disrupting nerve and blood vessel functioning. This disruption can have many different effects in other body systems. For example, we evaluate diabetic peripheral neurovascular disease that leads to gangrene and subsequent amputation of an extremity under 1.00; diabetic retinopathy under 2.00; coronary artery disease and peripheral vascular disease under 4.00; diabetic gastroparesis that results in abnormal gastrointestinal motility under 5.00; diabetic nephropathy under 6.00; poorly healing bacterial and fungal skin infections under 8.00; diabetic

Additionally, individuals with severe weight loss may also qualify under Section 5.08 Weight Loss to due to any digestive disorder.

• Section 5.08 Weight loss due to any digestive disorder

To win under this listing the claimant will have to prove that despite continuing treatment as prescribed, they have a BMI of less than 17.50 (calculated on at least two evaluations at least 60 days apart) within a consecutive 6-month period.

Cases have been won by arguing that a claimant’s disability equaled these listing because the either the blood sugar levels resulted in an abnormal gastrointestinal motility or the nutritional malabsorption from gastroparesis resulted in severe symptoms which caused extreme weight loss.

Winning Disability for Gastroparesis through a Medical Vocational Allowance

If a claimant cannot prove that their condition meets or exceeds one of the listing above they will have to win benefits through a medical vocational allowance. Using the medical vocational allowance process, the SSA evaluates the claimant’s age, work skills, job history, education and residual capacity to work to determine if they can perform substantial gainful activity or if the claimant’s condition is so severe that they are not able to work for at least 12 continuous months.

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Fibromyalgia and Social Security Disability Benefits

Thursday, October 27th, 2011

Fibromyalgia is a chronic condition which can cause stiffness and tenderness of the muscles, tendons, and joints. Some claimants with fibromyalgia also experience chronic fatigue, anxiety and depression. Others have difficulty sleeping.

Unlike other diseases which cause tissue inflammation, fibromyalgia is not associated with any accompanying damage to other organs or deformities. Conditions which do cause body organ damage can include systemic lupus, rheumatoid arthritis and polymyositis.

Researchers are still unclear of the exact cause of fibromyalgia, but it is most prevalent in women (over 80%) between the ages of 35 and 55. It is estimated that over 4% of the U.S. population has fibromyalgia.

Does the SSA consider Fibromyalgia disabling?

The Social Security Administration uses two different methods to determine if a claimant is disabled: meeting a listing on the SSA Listing of Impairments or through a medical vocational allowance.

The SSA maintains a listing of impairments which they consider automatically disabling. This list can be found by at www.ssa.gov and is informally known as the SSA “Blue Book.” At this time, the SSA does not have a listing for Fibromyalgia.

Proving Fibromyalgia is disabling through a medical vocational allowance

Claimants who cannot meet a listing or if there is not listing, will have to prove that their fibromyalgia is so severe that they cannot work. The problem is that many claimants who have this condition can work if they adequately control their stress and pain and their boss is willing to make a few modifications.

In fact, the U.S. Department of Labor’s Job Accommodation Network has offered several suggestions for employers to consider if an employee has this condition: provide written job instructions when possible, allow flexible work hours, allow a self-paced workload, allow periodic rest periods to reorient, minimize distractions, reduce job stress, remind the employee of important deadlines and meetings, develop strategies to deal with work problems before they arise and reduce or eliminate physical exertion and workplace stress.

Given the high rate of unemployment and the excessive pool of job candidates willing to work, the amount of “modifications” an employer may be willing to make for an employee may be limited.

Hiring a Disability Lawyer

So what’s the bottom line? Most fibromyalgia claims are won if the claimant has this condition in conjunction with other diagnosis.

For instance, claimants who have rheumatoid arthritis and fibromyalgia or fibromyalgia and degenerative disc disease will have a better chance of winning SSDI or SSI benefits. Why? Because as the SSA is evaluating their condition they will accept that fibromyalgia could be a plausible explanation for the symptoms of other more proven and easily diagnosed conditions. This can be especially true if fibromyalgia is diagnosed by an Orthopedist or Rheumatologist.

Whether you have fibromyalgia by itself or in conjunction with another condition, the best way to win benefits for this condition is to hire a disability lawyer and begin to gather evidence of functional limitations for work. For instance, find medical evidence that proves the following:

• Your symptoms are so severe that you have difficulty performing daily activities
• The location, duration, intensity and frequency of pain does not allow you to work
• Side effects of any medication being taken, as well as the type of medication and the dosage taken makes it dangerous for you to work
• You have followed all of the medical recommendations suggested by your doctors but you continue to have severe pain or limitations to work
• You have an inability to due basic work activities: lift weight, push or pull objects, stand, sit or walk for extended periods of time

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Asthma and Social Security Disability Benefits

Wednesday, October 26th, 2011

Asthma is a chronic disease that affects an individual’s airways causing wheezing, coughing, chest tightness and trouble breathing.

Asthma affects the tubes that carry air to the lungs and can cause them to be swollen or sore. With this inflammation, an individual’s airways can become increasingly sensitive to irritations and increase the chances that they will have an allergic reaction.

In extreme situations individuals can die from a severe asthmatic attack if their airways narrow to the point that their vital organs do not get sufficient oxygen.

Asthma is not curable but generally can be controlled with medication and managing other stressors or conditions which can increase attacks such as stress, cold, allergies, and exercise.

Can I qualify for Social Security Disability Insurance or Supplemental Security Income with asthma?

The Social Security Administration has created a list of impairments they consider so severe that claimants with these conditions are assumed to be unable to work. This list is called the Listing of Impairments or SSA Bluebook. Claimants, whose condition “meets or exceeds” a condition on this list, will be considered disabled.

Asthma is evaluated under 3.03A and 3.03B using the criteria established for chronic obstructive pulmonary disease (Chronic Pulmonary Insufficiency).

Under 3.03A the SSA will evaluate chronic pulmonary insufficiency which indicates that a claimant can be disabled if they have a speficic FEV1 (forced expiratory volume in one second). The SSA has established specific limits which must be met and the assumption is that the more severe the lung disease the lower the FEV1 score.

Claimants may also qualify for disability if they meet 3.03B. This criterion outlines the number of “attacks” that the claimant must have, in spite of prescribed treatment and requiring physician intervention.

The SSA specifies that the asthmatic attacks must occur at least once every 2 months or at least six times a year. Each in-patient hospitalization for longer than 24 hours for control of asthma counts as two attacks, and an evaluation period of at least 12 consecutive months must be used to determine the frequency of attacks.

How does the SSA define attack? An attack is not a minute long coughing spell. An attack, according to the SSA, is a prolonged episode that requires emergency treatment and generally a trip to the emergency room. If you are able to control the symptoms at home with a nebulizer or your personal inhaler, the SSA will not consider this an “attack.”

To win disability benefits under 3.03B the claimant will need very good medical records documenting the medical invention which was needed for each emergency asthmatic episode.

Hiring a disability lawyer

What if the claimant’s condition does not meet or exceed a listing? The Social Security Administration does have another process they use to determine if a claimant’s condition is so severe they cannot work. This approval method is called a medical vocational allowance.

Under the medical vocational allowance the SSA will evaluate if the claimant has enough residual capacity to work given their age, educational level, work skills and health condition. Claimants who do not meet the listing for asthma may need to talk to a disability lawyer to develop a strong case with recent medical evidence to prove they cannot work.

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Can a lawyer speed up my disability claim?

Tuesday, October 25th, 2011

To understand whether or not a disability lawyer can expedite the disability process for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), it is important to understand what a lawyer can actually do and what they cannot do.

What does a Social Security Disability Attorney do?

Up to 70% of disability applications are denied at the initial applications level. Claimants whose claims are denied have 60 days from the date of the disability denial letter to file their appeal. So what can the disability lawyer do?

• Social Security Disability attorneys can file all Social Security appeals, making sure all of the necessary medical records are included to prove the disability claim.

Medical records for each claimant are requested by the Social Security Administration, but if hospitals or doctors fail to send the claimant’s medical records a lawyer can subpoena necessary records.

• Disability lawyers can review the claimant’s medical records and ensure that evidence is included that proves the claimant is disabled.

• SSA Disability lawyers can build an argument outlining why the claimant is unable to perform their past jobs or any other job in the regional economy.

• Disability attorneys can argue their claimant’s disability case before the administrative law judge if the claimant has to appeal their claim to the Social Security hearing level. Job experts and potentially medical experts will be at the hearing. Job experts are tasked with identifying jobs the claimant could perform given their current health limitations. Disability lawyers can argue that the claimant cannot perform the jobs suggested by the job experts and present evidence to support that fact.

• If the disability lawyer believes their client has a strong case they can ask the court for an on the record review which indicates the attorney believes the claimant’s case is strong enough to support an approval of their benefits without a formal hearing. This could potentially eliminate months of unnecessary waiting for the claimant.

What a Disability Lawyer cannot do

After you file your Social Security Disability application the Social Security Administration is allowed 90 to 120 days to make their initial disability decision, and up to 70% of the initial disability applications are denied.

If you are denied at the Social Security Disability application level you have 60 days to file your Reconsideration (which is the first step in the Social Security Disability appeals process) within the Social Security Administration. The SSSA may allow another 30 to 90 days to make their decision at the Reconsideration level. Unfortunately, up to 80% of Social Security Disability Insurance and Supplemental Security Income claimants are denied a second time.

What if you are denied a second time? Claimants denied at the Reconsideration level have up to 60 days to request a Social Security Disability hearing. At this point the SSDI or SSI application or claim is sent to the Office of Disability Adjudication and Review (ODAR) for the region that services the area where the claimant lives.

This is where the waiting can really start. In many parts of the country the hearing case loads which are pending number in the hundreds and may be divided among only 5 to 10 Administrative Law Judges. The volume of Social Security Disability cases can be overwhelming for the number of judges available to hear the claims. It is not unusual for disability claimants to wait 12-14 months for a Social Security Disability hearing.

What can a disability lawyer not do? They cannot expedite the review of a claimant’s application at the initial application level or the reconsideration level. They also cannot move the request for a disability hearing to the front of the “line”, unless they make a request for an on the record review and attempt to get a ruling without a hearing.

So the bottom line is that disability lawyers can help increase the claimant’s chances of getting benefits at the reconsideration or hearing levels by ensuring their claim includes good medical records. They can also help claimants understand how to navigate the often complex judicial process and present a solid arguments for a a claimant’s SSDI or SSI claim before an administrative law judge. Each of these skills will improve the claimant’s chances of winning their disability claim at every level in the disability process and helping their claimants receive disability benefits as soon as possible.

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What are my rights if I am denied Social Security Disability Benefits?

Monday, October 24th, 2011

Reconsideration – First step to appeal a denial

If you have been denied either Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) you have the right to appeal your claim within 60 days from the date of the denial letter.

The first step in the appeal’s process is called the reconsideration. The Social Security Administration generally reviews your SSI or SSDI claim and makes their disability determination within 30 to 90 days.

If you have been denied, your denial letter should have told you how to file your appeal which is called the reconsideration, why you were denied and your deadline for filing your appeal.

Disability lawyers can file your reconsideration for you or you can file it on your own. If you would like to file it on your own you can either call the Social Security Administration at 1-800-772-1213 and request a reconsideration form be mailed to you or you can visit the Social Security Administration office nearest you and have a claims representative help you complete the proper paperwork. Be sure to get a receipt showing the date you filed the appeal paperwork in case it gets lost.

Reconsideration forms can also be downloaded from www.ssa.gov (request form (SSA-561). Information provided on the reconsideration form includes your name, Social Security number, the type of claim that you are appealing (listed on the notice of decision), the claim number (listed on the notice of decision), the reason for the appeal, your address and the contact information for your disability lawyer, if you have one.

Administrative Hearing – Second step to appeal a disability denial

What if you are denied a second time? If you are denied a second time you have the right to request a disability hearing. If you request a hearing your SSDI or SSI claim is sent to the Office of Disability Adjudication and Review (ODAR) for the region that services your area.

Unfortunately, in many parts of the country the Social Security Disability hearing case loads waiting to be heard by 5 to 10 Administrative Law Judges can easily number in the hundreds. The volume of Social Security Disability cases can be overwhelming for the number of judges available to hear the disability claims. It is not unusual for disability claimants to wait 12-14 months for a Social Security Disability hearing.

Appeals Council – Third Step to appeal a disability denial

What if you are denied at the hearing level? You have the right to request a review by the Appeals Council. Who is the Appeals Council? According to the SSA, “The Appeals Council is made up of approximately 53 Administrative Appeals Judges, 59 Appeals Officers, and several hundred support personnel.”

The Appeals Council may either choose to evaluate your claim, deny the request for evaluation or remand your case back to the Administrative Law Judge.

What if your request for review is denied? Your rights within the Social Security system end, and you have the legal right to file a court case in federal district court.

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What happens after your SSA disability case is denied at the Administrative hearing?

Sunday, October 23rd, 2011

Up to 60% of disability claimants are denied at the Administrative Hearing level. If you wish to pursue your disability claim, you have several options.

The Social Security Administration has created an appeals process which allows Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claimants to appeal their disability denial decisions multiple times. What if you claim is denied at the administrative hearing level? You can request a review of the disability denial by the Appeals Council.

Request a review with the Appeals Council

A request for an Administrative Council review must be made within 60 days from the date of the denial letter. If an appeal is filed with the Appeals Council they will review each request but have the choice to grant, deny or dismiss the case. The Appeals Council has the following options:

• Deny the request for a review if it believes the hearing decision was correct
• Grant the review and evaluate the case themselves OR Remand the case back to the Administrative Law Judge who initially reviewed the Social Security Disability case and made the denial decision

The SSA will send you a copy of the Appeals Council final review for your disability claim.

Who are the Appeals Council?

According to the SSA, “The Appeals Council is made up of approximately 53 Administrative Appeals Judges, 59 Appeals Officers, and several hundred support personnel. The Appeals Council is physically located in Falls Church, Virginia, with additional offices in Crystal City, Virginia, and in Baltimore, Maryland.“ The Appeals Council looked at approximately 128,000 requests for review in fiscal year 2010.

Filing a Federal Court Case

If the Appeals Council refuses to review your case or if they review it and you are denied again, your only recourse is outside of the Social Security Administration appeal process. A request for an Appeal Council review is the final step appeal within the SSA disability determination process.

The next step, if you want to continue to pursue your claim, is to file a civil case in federal district court. According to the SSA, they received 12,257 new civil actions during last fiscal year (October 2009 – September 2010).

Will the SSA help with the civil suit? The SSA states that they are, “responsible for gathering the information they used for their disability decision and putting this file together for the court.” There are very specific deadlines for requesting a court hearing. If you have not hired a disability lawyer at this point; it is time.

Hiring a Disability Lawyer

Whether you are filing a review with the Appeals Council or a federal case in court, get ready to wait. The processing time to have the Appeals Council hear your case can be as high as 300 days.

If you have been denied multiple times, it is time to talk to a disability lawyer. Unfortunately, because of the challenge of winning an Appeals Council case, many disability lawyers are hesitant to take cases at this level, especially if they have not been involved with the case from the beginning.

Some, but not all disability lawyers will advise you to apply again rather than appeal to the Appeals Council. Other disability lawyer may, however, welcome the challenge.

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Can I get SSDI if I am getting SSA retirement benefits?

Saturday, October 22nd, 2011

Social Security Disability Insurance (SSDI) is offered to workers who have paid taxes and accumulated enough work credits to be considered insured by the SSA. To qualify for SSDI workers must be disabled with a severe mental or physical health condition which does not allow them to work.

The Social Security Administration must determine that the worker’s condition is so severe that it will be expected to last for at least 12 continuous months. The SSA does not offer any type of partial or short-term disability benefits. Claimants who have a temporary condition, which is not expected to last for at least 12 continuous months, will be denied, regardless of the severity of their SSDI claim.

As mentioned above, claimants must also have sufficient work credits to qualify for SSDI benefits. The amount of work credits will vary based on a claimant’s age, but in general, claimants who are disabled at age 31 or older, will need to earn at least 20 credits in the 10 years immediately before they became disabled. Workers can receive one credit for each $1,120 of earnings, up to the maximum of four credits per year (in 2011).

Social Security Retirement Benefits

Social Security retirement benefits are offered to workers who have paid Social Security taxes and earned “credits” toward Social Security retirement benefits. According to the SSA, workers qualify for SSA retirement benefits when they retire if they have earned enough work credits. Workers who receive SSA retirement will be eligible for ongoing, monthly cash payments.

The number of work credits needed to qualify for SSA retirement benefits depends on when the worker was born. Workers who were born in 1929 or later need 40 credits (10 years of work) to qualify.

Workers who stop working before they have paid enough into the system and earned enough credits to qualify for SSA retirement benefits do not lose their benefits; they remain on their Social Security record. If the worker returns to work later, they can add more credits to the worker’s record. SSA retirement benefits are not paid until the worker has accumulated the required number of credits.

Many workers may retire as early as 62 years of age and receive a reduced retirement payments. Other workers will choose to work until their “full retirement age”, which can vary based on when the worker was born, and receive an unreduced SSA retirement payment.

How does SSDI affect SSA retirement benefits?

Claimants who become disabled and unable to work prior to their full retirement age may apply for Social Security Disability Insurance benefits. Claimants who begin receiving SSDI benefits prior to their full retirement age are not “depleting” their retirement funds. SSDI and SSA retirement are two separate programs.

Workers cannot receive both SSDI and retirement simultaneously. If a claimant is receiving SSDI when they reach full retirement age their SSDI benefits are converted to retirement benefits.

What if you are receiving SSA retirement but you have not reached your full retirement age and you want SSDI benefit instead? Claimants may apply for SSDI benefits, even if they are getting reduced retirement benefits, but if they are awarded SSDI they will not continue to get their early retirement benefit. They will only receive SSDI.

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What happens to my Social Security Disability claim if I move?

Friday, October 21st, 2011

If you have applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), moving from one city or county to the next within the same state does not affect your disability claim, especially at the initial disability application level and the reconsideration level.

SSDI and SSI are federal disability programs and eligibility for each program is determined by rules and regulations created by federal disability laws.

With that said, it is very important to notify the Social Security Administration office if you do move. This can be done by contacting the local field office where you applied for disability benefits. If your SSI or SSDI application has been transferred to the Disability Determination Services office (DDS) for evaluation, your disability claim may need to be sent by the Social Security Administration to the DDS office in your new state of residence.

What if you have had your SSI or SSDI claim denied at the initial application and reconsideration level and you are now waiting for a Social Security Disability hearing to be scheduled? It is recommended that you should notify the Social Security Administration that you have moved and also contact the Office of Disability Adjudication and Review (ODAR). The ODAR manages the hearing offices in your state, and they may need to send your SSI or SSDI claim to the new ODAR hearing office who has jurisdiction over your disability case.

What is the downside to following this suggestion? Many claimants wait for up to a year to have their disability case reviewed by an administrative law judge. Cases pending for administrative review are generally in a “queue.” If you decide to move and notify the SSA, your case may be transferred to the new ODAR office and you could lose your place in line. This could add months to your wait time.

If you do not notify the Social Security Administration about your move, you will have to go back to your previous state of residence to attend your Social Security Administration hearing office. Additionally, if the administrative law judge finds out that you have moved there is a chance that he will decide that the SSI or SSDI claim is not under his jurisdiction and he has the option to refuse to decide your claim.

The best advice if your Social Security Disability Insurance or Supplemental Security Income claim is pending is to avoid moving. Unfortunately, the disability review process for many claimants can take up to two years and moving, even if you take the right steps, could be disruptive. Keep in mind, the SSA processes over a million claims each year and although they are doing their best, mistakes can happen.

Hiring a Social Security Disability Lawyer

Hiring a disability lawyer is one way to improve your chances of winning disability benefits at every step in the disability process. Claimants can apply for either Supplemental Security Income and Social Security Disability Insurance without the help of a SSD attorney, but claimants who are very sick, who are unsure about the disability process or unsure of what they need to prove to win their SSI or SSDI should contact a disability lawyer for assistance.

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