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Archive for February, 2012

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Social Security Administration Disability – Emphysema

Wednesday, February 29th, 2012

Can I get disability for emphysema?

Emphysema is a progressive disease of the lungs where there lung tissue which surrounds sacs or alveoli have been destroyed, no longer able to hold their shape when an individual breathes. Emphysema is generally caused by smoking, although there are other environmental factors which can contribute to the disease: pollution, age, secondhand smoke, fumes, dust, chemicals, and coal.

Many workers may have this condition for years without feeling too sick to work. Eventually, however, it is not unusual for emphysema to begin to interfere with daily activities making it difficult to stay focused and alert. Many workers may become short of breath, have difficulty talking, or have a racing heart. Other workers may find it difficult to lift heavy objects, stand or walk for long periods of time.

Workers who develop emphysema may also suffer from additional health conditions which make it difficult to work including severe heart conditions or a collapsed lung.

Winning Disability Benefits for Emphysema

The Social Security Administration has two ways of awarding Supplemental Security Income or Social Security Disability Insurance benefits: meeting a listing on the Social Security Administration’s Listing of Impairments (also known as the Blue Book it is a list of all conditions and symptoms the SSA finds automatically disabling) or proving that you cannot work through a medical vocational allowance.

Meeting a Listing in the SSA Blue Book for Emphysema

Although the Social Security Administration (SSA) does not have a specific listing for emphysema on their SSA Listing of Impairments they will evaluate this condition and other types of breathing disorders under Listing 3.00 Respiratory System Impairments, Listing 3.02 Chronic Pulmonary Insufficiency.

To meet the listing for chronic pulmonary insufficiency you will need to take a pulmonary function test which is done through a spirometry which measures the FEV1 (refer to tables found in the SSA Listing of Impairments for specific measurements). Additional testing may also be required “to measure chronic impairment of gas exchange due to the clinically documented pulmonary disease.” These tests specifically measure your ability to absorb oxygen and release carbon dioxide. The Social Security Administration also maintains tables which outline the measurements they find disabling.

Due to the complexity of the testing, you may need to consult with your pulmonologist or your disability lawyer to have them review the information with you and help you understand what information you will need to prove your are disabled or “meet a listing.”

Winning SSI or SSDI for Emphysema through a medical vocational allowance

If your condition does not meeting a listing on the Social Security Administration’s Listing of Impairments you will have to prove that you do not have the residual capacity to perform your current job. If you can prove that you cannot work your previous job than the SSA will review your age, work history and education to determine if you could retrain for new work.

What types of medical information will you need to prove disability through a medical vocational allowance? You need specific medical evidence which identifies your physical limitations. For instance:

  • How far can you walk?
  • Do you have difficulty reaching, pushing or pulling?
  • How much weight can you lift?
  • How long can you sit or stand?
  • Does your medication make it difficult to concentrate?
  • Do you have a breathing machine?
  • Do you have to use a cane, crutches or walker to ambulate?

The more limitations you can prove the higher the chance that you can demonstrate to the Social Security Administration that you cannot work your current job or retrain for new work which can help you win disability benefits.

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Social Security Administration and Cachexia Anorexia Syndrome

Tuesday, February 28th, 2012

Can I get disability for Cachexia Anorexia Syndrome?

Cachexia anorexia syndrome, which is also referred to as anorexia-cachexia syndrome, is a complex metabolic syndrome that is associated with palliative conditions, such as cancer. Palliative conditions are those in which treatment is aimed at alleviating a problem or relieving pain without dealing with the underlying cause.

Cachexia refers to weight loss which is unintentional. Cachexia is weight loss that includes both muscle and fat. Cachexia is usually brought about by shifts in metabolism that are the result of tumor by-products and cytokines. Cytokines are chemicals that are produced by your cells that act on other cells to inhibit or stimulate their function.

Anorexia is a lack or loss of appetite. Anorexia is a condition that is brought about by disease in which you become incapable of eating or have no desire or appetite to eat, resulting in severe weight loss.

Although anorexia is the common name that people use for anorexia nervosa, it is not the same thing. Anorexia nervosa is an emotional condition that is evidenced by the refusal to eat for the purpose of losing weight. Anorexia nervosa results from a fear of gaining weight and an inaccurate and unhealthy perception of your body’s appearance.

The word syndrome is a term that is used for a disorder that is marked by a group of associated signs and symptoms. Syndrome refers to a group of signs and symptoms that take place together consistently.

While the definition of cachexia anorexia syndrome varies, and the way in which the syndrome works is poorly understood, there are some signs and symptoms that are usually common with the syndrome. Some of these include:

  • Inflammation
  • Early satiety (state or quality of being gratified or fed to or beyond capacity)
  • Anorexia
  • Weakness
  • Low albumin (the main protein in human blood)
  • Fatigue
  • Involuntary weight loss
  • Anemia

Cachexia anorexia syndrome can be primary or secondary. Primary cachexia anorexia syndrome is caused directly by a malignancy. Secondary cachexia anorexia syndrome is brought about by cancer-related barriers that reduce dietary intake. These include changes in smell/taste from chemotherapy, mucositis and vomiting/nausea.

How does the Social Security Administration evaluate cachexia anorexia syndrome?

You may have been diagnosed with cachexia anorexia syndrome. You may be wondering if this syndrome will qualify you to get Social Security disability benefits.

Cachexia anorexia syndrome is not in the list of impairments of the Social Security Administration. However, this does not mean that you will not qualify to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) from the Social Security Administration (SSA) for this condition.

If you have cachexia anorexia syndrome, you also probably have some type of malignancy. Many types of malignancy are listed in the Social Security Administration listing of impairments. If your malignancy is listed in the list of impairments, the Social Security Administration will consider you to be disabled (assuming you meet the nonmedical criteria for either the Supplemental Security Income or Social Security Disability Insurance program).

Even if your malignancy is not on the Social Security Administration list of impairments or your cachexia anorexia syndrome is the result of another condition, you may still be eligible for Social Security Disability Insurance or Supplemental Security Income benefits through a medical vocational allowance. This is a term that is used to grant someone Social Security disability benefits when your disability keeps you from working and engaging in what is called a substantial gainful activity (SGA).

If you have suffered severe weight loss or if you have questions about cachexia anorexia syndrome, contact a disability lawyer for more information.

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Supplemental Security Income – Children’s Mental Disorders

Tuesday, February 28th, 2012

Can my child get disability benefits for a Mental Disorder?

The Social Security Administration recognizes that there are many mental disorders which are very disabling for children. In the Social Security Administration’s Listing of Impairments (a list of all the conditions and diseases the SSA finds automatically disabling) there are eleven diagnostic mental disorders for children.

Social Security Administration’s Listing of Impairments – Childhood Listings

Mental Disorders are listed on the Social Security Administration’s Listing of Impairments Childhood Listings (Part B). They are found under the listing 112.00 Mental Disorders – Childhood.

The listings for mental disorders in children are arranged in 11 diagnostic categories:

  • 112.02 Organic Mental Disorders
  • 112.03 Schizophrenic, Delusional (Paranoid), Schizoaffective, and Other Psychotic Disorders
  • 112.04 Mood Disorders
  • 112.05 Mental Retardation
  • 112.06 Anxiety Disorders
  • 112.07 Somatoform, eating, and Tick Disorders
  • 112.08 Personality Disorders
  • 112.09 Psychoactive Substance Dependence Disorders
  • 112.10 Autistic Disorder and other
  • 112.11 Attention Deficit Hyperactivity Disorder
  • 112.12 Developmental Disorder of newborn and younger infants

The Social Security Administration separates the listing of impairments for children because they acknowledge that there are various signs and symptoms which are present in young adults that vary significantly from those of an adult.

My child is diagnosed with one of these conditions but was denied Supplemental Security Income (SSI) benefits

The listing first identifies the disorder and provides a short introductory statement about the disorder. Even if your child has been diagnosed with the condition identified on the SSA Listing of Impairments this does not mean they will be considered disabled.

The second part of the listing identifies the criteria needed, evidenced with good medical records, to prove that your child is disabled. This criterion outlines the types of functional limitations that your child must have to be considered disabled. The SSA uses the functional limitations which are exhibited by your child to determine the severity of their mental disorder.

What functional areas does the Social Security Administration evaluate? They will look at your child’s communicative ability, social functions, cognitive functions, motor functions, personal function, and their ability to maintain concentration, persistence and pace. These criteria are evaluated against other children in their age group.

What evidence do I need to prove my child is disabled?

Many children may be severely disabled and have not received the proper medical care to make the right diagnosis or generate sufficient medical evidence to prove disability. If you hope to win benefits for your child’s mental disorders you must have documentation from acceptable medical sources. Additional evidence which can also supplemental medical evidence include information from occupational, speech and physical therapists, nurses, social workers, teachers, and special educators.

Evidence is available but my Supplemental Security Income was denied

What if your child has been diagnosed and you have sufficient medical evidence that they are disabled but the Supplemental Security Income claim was still denied. It is likely that your family does not meet the income and resource limitations of the Supplemental Security Income program.

Supplemental Security Income is provided only to children who are determined disabled and who have very limited income and resources. If your child lives with their parents, the SSA will automatically “deem” a portion of the parent’s income to them, and if the parents make too much money the child is automatically denied, regardless of the severity of their mental health disorder.

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Social Security Administration Disability – Migraines

Tuesday, February 28th, 2012

Can I get Social Security Disability Insurance or Supplemental Security Income for severe migraines?

Migraines are painful headaches which are more severe than a common headache, lasting for hours or days. Females are more likely to experience migraines, but it is estimated that over 28 million American may sometimes experience them.

Migraines may be triggered by a variety of factors: bright lights, odors, perfumes, allergic reactions, smoke, alcohol, irregular sleep patterns, fasting or missing meals, emotional stress, physical exertion, or certain types of foods.

Common Migraine Symptoms

Migraine symptoms vary by individual. As mentioned above, some claimants may have migraines lasting for days, others for hours. Severe migraines may cause vomiting, throbbing head pain, severe pain, decreased ability to perform activities and sensitivity to light.

Qualifying for Social Security Disability Insurance or Supplemental Security Income for Migraines

The Social Security Administration has two methods of determining whether a claimant is disabled: through a medical listing found on the Social Security Administration (SSA) Listing of Impairments (a list of all the conditions the SSA assumes are automatically disabling) or through a medical vocational allowance.

Unfortunately, there is not a listing for migraines in the Social Security Administration’s Listing of Impairments. Migraine headaches, however, may be a symptom of another severe medical condition which might be listed by the SSA. Claimants who have suffered a stroke, a severe brain injury or who have a neurological disease may be able to meet another listing. Contact a disability lawyer for more information if this might be the case.

Winning Social Security Disability Insurance or Supplemental Security Income for Migraines through a medical vocational allowance

Claimants who have a significant impairment but their condition is not listed on the Social Security Administration’s Listing of Impairments may be able to prove that they do not have the ability or “residual functional capacity” to return to their previous job. This process is known as a medical vocational allowance.

If a claimant cannot return to their previous work the Social Security Administration will review their work experience, age, and education (which are called “vocational factors”) to determine if they could retrain for new work. If the Social Security Administration, after considering all of the vocational factors, does not believe the claimant has the residual capacity to perform substantial gainful activity they will determine them disabled.

What does this mean for my Migraine disability case?

If you suffer with severe migraines and you are attempting to win Social Security Disability Insurance or Supplemental Security Income through a medical vocational allowance your goal is to prove you do not have the residual functional capacity to work.

How is this done? It will not be easy. You will need to have great medical evidence that focuses on the frequency and duration of your migraines and why they are so severe you are incapable of performing even the simplest job.

Information that you may need can include:

  • Can you drive?
  • What do you have to do when you have a migraine?
  • How long do they last?
  • How many times per week do you have migraines?
  • How would your migraines make it impossible to complete an 8 hour workday?
  • Have you taken medication to control them?
  • What are the residual effects of your migraines?
  • How long does it take for you to recover from a migraine?
  • Are there any environmental work factors which trigger migraines? For instance, would you have difficulty working in an environment with bright lights, loud noises or fumes?

Do not exaggerate the severity, frequency or the limitations caused by your migraines. If you have chronic headaches or migraines your medical documentations must support your claim or you will be denied. Keep in mind, your goal is to have enough medical evidence to prove that you do not have the ability to work. This can be done by beginning to eliminate potential employment options.

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Social Security Administration – Can I get SSI if I get SSDI?

Monday, February 27th, 2012

Social Security Disability Insurance (SSDI) is offered to disabled workers who have a severe mental or physical health condition which is expected to last for at least 12 continuous months and which does not allow the worker to perform substantial gainful activity.

Social Security Disability Insurance is not offered to all disabled workers. Workers who have not worked or who have worked but have not paid employment taxes will not qualify for SSDI benefits because workers must have worked long enough and paid enough in taxes to be considered insured by the Social Security Administration. The amount of work credits you need to qualify for Social Security Disability Insurance will vary, but most workers will need between 20 and 40 work credits.

I am receiving SSDI. Can I get Supplemental Security Income benefits?

Many claimants who are currently receiving Social Security Disability Insurance benefits may be wondering if they can also qualify for Supplemental Security Income (SSI) benefits.

Supplemental Security Income is a separate wage assistance program offered by the Social Security Administration. SSI is only provided to the aged (65 years or older), disabled or blind who are not able to perform substantial gainful activity but who have not worked or who have not worked enough to be considered “insured” for SSDI benefits.

Can you get Supplemental Security Income if you are currently receiving Social Security Disability Insurance? Potentially, and this can be a bit confusing, but SSDI claimants who are receiving a very low SSDI payment and who also have VERY limited resources may also get SSI benefits.

The Social Security Administration has established a federal benefit rate which is paid to SSI claimants. This rate is periodically adjusted but in 2012 it is $698 per qualifying individual. Assuming your SSDI payment is less than the federal benefit rate and your resources are less than $2,000 you may also qualify for SSI benefits.

What if I get SSI? Can I also get SSDI?

Many claimants are receiving Supplemental Security Income benefits and want to know if they can receive SSDI instead or in addition to their current SSI payment. This question is actually much more common than the other way around.

Unfortunately, if you are getting Supplemental Security Income it is because the Social Security Administration has already agreed you are disabled (using the same criteria they use for the SSDI program) but they have also determined that you did not work enough or pay enough in payroll taxes to be considered insured for Social Security Disability Insurance.

If you think the Social Security Administration has made a miscalculation of your work credits and you want to challenge this you can. Contact the SSA at 1-800-772-1213 to discuss what evidence you would need to fight your denial for SSDI benefits.

Hiring a Disability Lawyer

The good news is that if you are receiving SSDI benefits than you are already way ahead of millions of other applicants that are still fighting the Social Security Administration. Keep in mind, most SSDI recipients will not qualify for both SSDI and SSI, but a small number will. Contact the SSA if you have more questions or contact a disability lawyer for assistance.

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Arthritis and Social Security Disability Benefits

Saturday, February 25th, 2012
SOA-arthritis

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If you have arthritis and your arthritis condition is so severe you are unable to work for at least 12 continuous months and you meet the nonmedical qualifications of Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) you may be considered disabled by the Social Security Administration (SSA).

To qualify for Supplemental Security Income  (SSI) or Social Security Disability Insurance (SSDI) disability benefits your condition must either meet a listing on the Social Security Administration’s Listing of Impairments (which is a listing of all the major conditions and diseases the Social Security Administration considers automatically disabling) or it must be so severe that it does not allow you to work or perform substantial gainful activity (proven through the medical vocational allowance process).

Meeting a listing on the Social Security Administration’s Listing of Impairments

The Social Security Administration’s Listing of Impairments describes the degree of severity that the Social Security Administration presumes would prevent you from performing substantial gainful activity. If your condition is on the listing this may not be sufficient to win Supplemental Security Income or Social Security Disability Insurance. You condition must “meet or exceed” the listing, which means your conditions and symptoms must be as severe as the symptoms listed by the Social Security Administration.

Arthritis is generally evaluated under 1.00 Musculoskeletal System, Section 1.02 Major Dysfunction of a Joint due to any cause. The exception is for inflammatory arthritis which is evaluated under Section 14.09. The listing is divided into part A and part B and you will have to meet one or the other to be considered disabled.

Both parts A and B include “gross anatomical deformity (e.g., subluxation (joint slipping out of alignment), contracture, bony or fibrous ankylosis (joint lacking movement and instability) and chronic joint pain and stiffness with signs of limitation of motion or other abnormal motion of the affected joint(s), and findings on appropriate medically acceptable imaging of joint space narrowing, bony destruction, or ankylosis of the affected joint(s).”

Part 1.02A

Under Part A the SSA will determine whether your condition involves a major weight bearing joint such as your ankle, knee or hip and whether this limits your ability to ambulate effectively. Ambulating effectively is defined as the ability to sustain a “reasonable walking pace over sufficient distance.” This could be impaired if the claimant has to use two crutches, a walker or two canes or if they could not walk a block, use public transportation, climb steps using a hand railing at a reasonable pace or complete daily activities (shopping, banking, etc.).

Part 1.02B

Under Part B the SSA will determine whether your condition involves one major peripheral joint in each upper extremity such as your shoulder, elbow, or wrist-hand and does not allow you to perform fine and gross movements effectively. The SSA will evaluate your ability to grasp, push, pull, reach and finger objects. Additionally they will determine if you can perform daily activities such as feeding yourself, sorting papers, reaching above waist level and performing personal hygiene functions.

What medical evidence do I need to prove I am disabled according to the Social Security Administration?

How do you prove you are disabled by arthritis and qualify for either Social Security Disability Insurance or Supplemental Security Income? You should be under the care of a medical doctor. MRIs, CAT scans, X-rays, laboratory tests, blood tests and range of motion tests should be available for review by the Social Security Administration. You also must be following your doctor’s current prescribed treatment plan.

Hiring a Disability Lawyer

If your condition does not meet or exceed the listing described above, but you do not believe you have the residual capacity to work, contact a disability lawyer. They can review your Social Security Disability Insurance or Supplemental Security Income case and determine if you have enough medical evidence to win benefits through a medical vocational allowance.

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Blindness and Social Security Disability Benefits

Friday, February 24th, 2012
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Several conditions may cause blindness or lack of sight in disability claimants which may make it impossible for them to continue to work and may make them eligible for Social Security disability benefits. Conditions which can be considered disabling if they are severe enough include:

  • Glaucoma – most common are open angle and closed angle pressure builds up in the eye and causes damage to optic nerve or retina.
  • Cataract – clouding of the lens of the eye.
  • Diabetic Retinopathy – caused by diabetes it affects the circulatory system of the eye.
  • Paraneoplastic Retinopathy – the rods of the eyes are affected causing visual loss.
  • Hypertensive Retinopathy – caused by hypertension.
  • Macular Degeneration – Caused by age the middle of the retina is damaged.
  • Retinitis Pigmentosa – An eye disease which is inherited and affects the cones and rods.
  • Optic Neuropathy – Insufficient blood flow to the optic nerve.
  • Melanoma – Generally occurs in the iris and choroid.

How Can I be approved for disability for blindness by the Social Security Administration?

To qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits for disability blindness you must either meet the listing outlined by the Social Security Administration (SSA) in their Listing of Impairments (your condition must meet or exceed the listing in severity) or you prove that your eye condition is so severe that you have no residual functional capacity to work either your current job, previous jobs or retrain for new work.

The Social Security Administration has a process called a medical vocational allowance which will analyze your residual capacity to work. Using this process they will consider your age, work history, medical condition, and education prior to determining if you can retrain for new work. Under this process it is generally easier for older claimants to win benefits because the Social Security Administration will assume they would have a tougher time retraining for new work.

The Social Security Administration Listing of Impairments for disability blindness

Social Security disability blindness is found in the Social Security Administration’s Listing of Impairments under 2.00 Special Senses and Speech. Under this section there are several listings which address specific eye conditions.

Listing 2.02 Impairment of Visual Acuity

Vision in the better eye after correction is 20/200 or less.

Listing 2.03 Contractions of peripheral visual fields in better eye

A.  To 10 degrees or less  from point of fixation; or
B.  So the widest diameter subtends an angle no greater than 20 degrees; or
C.  To 20 percent or less visual field efficiency

Your peripheral vision can be measured by a Peripheral Field Test.

Listing 2.04 Loss of Visual Efficiency

The visual efficiency of better eye is 20 percent or less after correction.
This listing deals with the loss of both visual acuity and peripheral vision loss.  In your records make sure your doctor has calculated your visual efficiency.

Listing 2.06 Total Bilateral Opthamoplegia:

The loss of muscle function in both eyes.

Misconceptions for disability blindness

Many Social Security Disability claimants do not realize that they will not be considered disabled if their vision can be corrected or if they are blind in only one eye. For more information about the information you may need to win Social Security disability benefits for disability blindness, contact a disability lawyer.

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SSDI – 5 Steps to Make your Disability Case

Friday, February 24th, 2012
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The most common question asked on our Social Security Disability benefits forum is, “How do I know if I have a case?” or “Do I qualify for benefits?” This is basically the same question. Everyone wants to know, before they go through the hassle of filing a Social Security Disability Insurance (SSDI) claim and fighting with the Social Security Administration whether or not they are wasting their time.

There are five very important things to review prior to filing a Social Security Disability Insurance claim.

1.    Identify your current work status.

We get questions everyday about whether or not you can work and draw SSDI or whether or not you can work until you win your Social Security Disability Insurance claim. I am not sure why this is so confusing, but if you can work (i.e. perform substantial gainful activity) or if you are working at a substantial level you will be AUTOMATICALLY denied. The SSA defines disabled as the inability to perform substantial gainful activity. If you are working, you are not disabled (according to the Social Security Administration).

2.    Be realistic about how long your disabling condition will last.

If you have just had a major car accident or difficult surgery you may be VERY sick and disabled. Does this mean you will get Social Security Disability Insurance? No, SSDI is only for claimants who have a long-term health condition. No short-term SSDI benefits are awarded, regardless if you are very disabled right now. If your condition will not last for at least 12 continuous months you will be denied benefits.

3.    Evaluate your work history.

This is another point that seems VERY confusing to claimants. Social Security Disability Insurance is only awarded to claimants who have worked, paid employment taxes and earned sufficient work credits.

What if you have worked but have NOT paid taxes? What if you have not worked? What if you have worked as a homemaker? What if you are 2 credits short? None of this will matter; if you have not worked enough, paid employment taxes and earned enough work credits on your own work record you will not get Social Security Disability Insurance.

The Social Security Administration sends a report to workers each year called the Statement of Earnings. You can either review this report to see your estimated payment or you can use their estimator calculator on their website. The Social Security Administration no longer provides additional copies of statements to workers.

4.    Is your condition on the SSA Listing of Impairments?

If you meet all the above conditions and your condition is listed on the SSA Listing of Impairments (also known as the Blue book) and you are able to prove that your condition “meets or exceeds” the listing, you have a good case.

5.    Do you have enough medical evidence to prove you cannot work?

The Social Security Administration has another method called the medical vocational allowance that they use to determine a claimant’s disability status and whether or not the claimant has sufficient residual capacity to work. If your condition does not meet or exceed a listing in their Blue Book it may be possible, with the right type of medical evidence, to prove that you cannot work.

Contact a disability lawyer if you have additional questions about your Social Security Disability Insurance case and what medical evidence you need to win Social Security Disability Insurance through a medical vocational allowance.

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Supplemental Security Income – PASS program

Friday, February 24th, 2012
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If you are currently receiving Supplemental Security Income (SSI) you may want to return to work, but what if you need to go back to school before you could get a job or you would like to start a new business? The Social Security Administration has developed PASS, a plan for achieving self-support, to help you meet your new goals.

Keep in mind while you are developing your plan that the Social Security Administration expects that you plan would allow you to earn enough new income that you could eliminate the disability benefits you are receiving under Supplemental Security Income (SSI). PASS provides the services, skills and tools you need to meet your goals.

What are the benefits of the PASS program?

Claimants who are receiving Supplemental Security Income (SSI) and who decide to return to work generally have their SSI benefits reduced. One benefit of the PASS program is that if your plan is approved you could avoid the SSI benefits reduction and instead use that income to reach your new work goals.

Although you will not be eligible to receive more than the allowable federal benefit rate for SSI, the Social Security Administration will not count the money you receive as income and will allow you to set aside that income for PASS when they are determining your SSI payment amount each month.

Additionally, the resources that you generate under your approved plan, which you use to reach your new PASS goals, do not count against the resource limits established under the Supplemental Security Income program.

What types of expenses can be included in my PASS plan?

There are a variety of expenses which can be approved under the PASS plan: child care, job coaching, resume preparation, transportation costs to work, tuition and supplies for school or attendant care expenses.

How do I create my PASS plan?

Claimants who are interested in creating a PASS plan must contact the SSA at 1-800-772-1213 and complete an application form. The plan must be made in writing. You also must:

  • Identify your work goals. The Social Security Administration also vocational counselors who can assist with identifying your goals or your plan can include the costs of additional vocational assistance.
  • Identify the time to complete your goals.
  • Identify the type of training you need to complete your goals (i.e. if you are going to be a teacher you will need to attend college).
  • Identify the cost of the equipment you need to reach your goal. The SSA expects several costs estimates from vendors.
  • Identify the amount of money you will need each month to complete your plan. SSI may increase your Supplemental Security Income benefit to cover some of the costs, but it cannot raise payments above the federal benefit rate.
  • If you are going to start a business you will need a detailed business plan.

All funds for your PASS must be kept separate from other monies. Additionally, you will need to sign, date and mail the appropriate forms back to the SSA. When the Social Security Administration receives your PASS plan they will make sure it is complete, determine if it is achievable, make sure it is reasonably priced and identify if there needs to be any updates. Denial and acceptance notifications will be sent to you by mail

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Supplemental Security Income – Bipolar Disorder and Children

Thursday, February 23rd, 2012
Bipolar disorder is present when a child experiences extreme variations in their mood which alternates between extreme levels of depression and elation. The episodes can be recurring and almost always require therapy and intervention with medication.

Can my child get Supplemental Security Income for Bipolar Disorder?

The Social Security Administration may consider a child under the age of 18 disabled if they have a medical or mental impairment or a combination of conditions, which results in severe functional limitations that are expected to result in death, or that are expected to be continuous for at least twelve months.

To prove your child is disabled you will need to provide medical evidence that they are unable to do activities that are appropriate for a child who is the same age and they are severely limited in their ability to function.

Many claimants are denied Supplemental Security Income benefits even though they have been diagnosed with a severe mental health condition such as bipolar disorder. How can this happen? The Social Security Administration has a listing of all the impairments they consider automatically disabling, but even if your child has a severe condition that meets a listing on the Social Security Administration’s Listing of Impairments (also known as the Blue Book), if your family makes too much money or has excessive resources, the child will be denied Supplemental Security Income (SSI) benefits.

Meeting a Listing in the Social Security Administration’s Blue Book for Bipolar Disorder

The Social Security Administration’s Blue Book is divided into a children’s listing and adult listings. The listing for bipolar disorder is found under listing 112.00 Mental Disorders, section 112.04 Affective Mood Disorders (Children).

To meet the listing the Social Security Administration would expect that your child is currently under the care of a mental health doctor, and they have been diagnosed with bipolar disorder which involves a full or partial manic or depressive syndrome.

Symptoms which your child should exhibit for bipolar disorder include the following:

Major depression characterized by five of the following (including either a diminished interest in pleasure or a depressed or irritable mood). The list is provided by the Social Security Administration:

a. Depressed or irritable mood; or
b. Markedly diminished interest or pleasure in almost all activities; or
c. Appetite or weight increase or decrease, or failure to make expected weight gains; or
d. Sleep disturbance; or
e. Psychomotor agitation or retardation; or
f. Fatigue or loss of energy; or
g. Feelings of worthlessness or guilt; or
h. Difficulty thinking or concentrating; or
i. Suicidal thoughts or acts; or
j. Hallucinations, delusions, or paranoid thinking;

or

2. Manic syndrome, characterized by elevated, expansive, or irritable mood, and at least three of the following:

a. Increased activity or psychomotor agitation; or
b. Increased talkativeness or pressure of speech; orc. Flight of ideas or subjectively experienced racing thoughts; or
d. Inflated self-esteem or grandiosity; or
e. Decreased need for sleep; or
f. Easy distractibility; or
g. Involvement in activities that have a high potential of painful consequences which are not recognized; or
h. Hallucinations, delusions, or paranoid thinking;

or

3. Bipolar or cyclothymic syndrome with a history of episodic periods manifested by the full symptomatic picture of both manic and depressive syndromes (and currently or most recently characterized by the full or partial symptomatic picture of either or both syndromes);

and

B. For older infants and toddlers (age 1 to attainment of age 3), resulting in at least one of the appropriate age-group criteria in paragraph B1 of 112.02; or, for children (age 3 to attainment of age 18), resulting in at least two of the appropriate age-group criteria in paragraph B2 of 112.02.

Hiring a Disability Lawyer

For parents with children struggling with bipolar disorder the symptoms may be familiar. If you have consistently taken your child to the mental health specialist and they are following their prescribed treatment plan but they continue to exhibit the symptoms listed, you probably have a good case (assuming your family meets the income and resource requirements).

Parents who have not sought the proper treatment for their child will have a more difficult time winning benefits and should talk to a disability lawyer about what information should be given to the Social Security Administration to prove their child is disabled.

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