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Social Security Disability Insurance (SSDI) – is it for life?

Monday, February 6th, 2012

Is SSDI a long-term Disability Program?

Claimants frequently ask if Social Security Disability Insurance is a long-term disability program that they can expect to get indefinitely or if it is a program that awards cash benefits for a set period of time.

Social Security Disability Insurance is only awarded to qualifying claimants who have worked enough, paid enough in employment taxes and who can prove that their condition is expected to last for at least 12 continuous months. It can also be very difficult to get; some claimants fight for SSDI benefit for up to 2 years.

For this reason, it is best to think of Social Security Disability Insurance (SSDI) as a permanent disability program which is offered primarily to workers who do not expect to return to full-time employment.

With this said, however, there are many medical breakthroughs and advancements in technology that can help many claimants improve to such a degree that they may be able to return to work.

If you are receiving Social Security Disability Insurance and you would like to attempt to reenter the work force, the Social Security Administration has several programs (i.e. Trial Work Period) that can help you do that while continuing to receive Social Security Disability Insurance and Medicare benefits.

Never return to work without talking to the Social Security Administration first. Many disability claimants are hesitant to do this, but the Social Security Administration can help ensure that you get your Social Security Disability Insurance benefits as long as possible while you are making your work attempt.

Can I lose my Social Security Disability Insurance Benefits?

As mentioned above, SSDI benefits may be given to claimants as long as they unable to return to full-time employment, but there are several reasons that the SSA may no longer consider you disabled. Social Security Disability Insurance may be terminated if a claimant:

  • Returns to work and begins to perform substantial gainful activity for longer than is allowed under the Trial Work Period.
  • The Social Security Administration determines a claimant is no longer disabled after performing a Continuing Disability Review
  • The claimant reaches their full retirement age. At this point their Social Security Disability Insurance benefit is automatically converted to a retirement benefit. Claimants will not receive Social Security Disability Insurance and SSA retirement benefits simultaneously.

What can I do to ensure I keep my Social Security Disability Insurance?

There are certain mistakes that claimants make that can jeopardize their SSDI benefits. As mentioned above, some claimants simply do not understand how much they can work or how the Trial Work Program works and they return to work and make too much money.

Other claimants stop getting adequate medical care or following their doctors prescribed treatment plan, which can jeopardize their benefits during the Continuing Disability Review.

Most claimants, however, who continue to get adequate medical care and who do not begin working too much or making too much earned income, can continue to get SSDI benefits until they reach their full retirement age or they are able to return to substantial gainful employment.

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COPD and Social Security Administration Disability

Monday, February 6th, 2012

Cardiac Obstructive Pulmonary Disease or COPD is a progressive disease that can make it difficult for individuals to breathe. It can cause wheezing, shortness of breath, chest tightness and coughing which can produce large amounts of mucus. If COPD is severe enough it can be difficult to manage and sufferers are often unable to maintain employment as a result of the effects of the disease.

Is COPD considered disabling according to the Social Security Administration? Claimants may be able to win Social Security Disability Insurance or Supplemental Security Income benefits by either meeting a listing on the Social Security Administration Listing of Impairments or by proving they are unable to perform substantial gainful activity as defined by the Social Security administration.

Qualifying for Supplemental Security Income or Social Security Disability Insurance by Meeting a Listing on the Social Security Administration’s Listing of Impairments

To see if you “meet a listing” you can review the criteria under 3.00 Respiratory System – Adult.  COPD is generally evaluated under the listing for Asthma which is 3.03 Asthma. Under this listing the claimant must have been diagnosed with chronic asthmatic bronchitis which is evaluate under the criteria for chronic obstructive pulmonary disease in Section 3.02A.

Claimants may also have attacks which occur, in even though they are following their doctor’s prescribed treatment plan and these attacks must require medication intervention. The attacks must occur at least once every 2 months or at least 6 times a year.

If the patient has an 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.

What if my COPD condition does not meet the Social Security Administration’s Listing can I still get Social Security Disability Insurance or Supplemental Security Income?

What is your COPD condition does not meet the Social Security Administration’s Listing of Impairments you may be able to win Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability benefits by proving you are unable to perform substantial gainful activity for at least 12 continuous months. The Social Security Administration (SSA) uses a process called a medical vocational allowance to make this determination.

How do you prove you cannot work? The most important thing is to see your doctor regularly and to document your COPD symptoms.  Make sure the doctor writes down all of your COPD symptoms and verify they are legible and in your medical file.  Your medical records should clearly document your work limitations caused by your COPD condition.

For instance:

  • Do you have shortness of breath?
  • Do you have difficulty walking across a room, carrying a bag of groceries, or standing too long?
  • Are you in severe pain?
  • How long do you have to rest after activities?
  • Could you complete an 8 hour workday? If not, why?
  • Do you have to go to the doctor so frequently it would interrupt your work week?
  • Do you have limitations working with specific chemicals? For example, are you supposed to avoid dust, chemicals, hot or cold temperature or smoke?
  • Does your respiratory condition affects other activities such as walking long distances, lifting objects, or working in hazardous conditions at work?

All of these limitations may eliminate your ability to work, not only past jobs, but also perform new work. Contact a disability lawyer if you have questions about how you can receive Supplemental Security Income or Social Security Disability Insurance.

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Social Security Administration Disability and Diabetes

Friday, February 3rd, 2012

Diabetes is a metabolic disorder which affects the process of the digestion of food for our bodies and the subsequent breakdown of the food we eat into glucose or sugar for fuel.

A separate process occurs in the pancreas which produces insulin. After you eat the pancreas is responsible for releasing insulin which helps move the glucose (from the digestion of food) into the cells, thereby lowering the level of blood sugar. What happens if insulin is not present? Our cells cannot take in the glucose.

If you have hyperglycemia it means that your blood sugar is too high. This can occur because your body is not producing insulin, it is producing insulin at an insufficient level or the cells in your body are not responding to the insulin produced.

If any of these conditions exist, it will cause an excess of glucose in the blood and urine. Cells also will lack the necessary glucose for growth and energy.

Types of Diabetic Conditions

The Social Security Administration recognizes Diabetes Mellitus as a potentially disabling condition. There are two major types: Type I and Type 2. Both are recognized as chronic disorders which can be extremely serious.

  • Type 1 Diabetes Mellitus

This condition was previously called “juvenile diabetes” or “insulin-dependent diabetes mellitus.” This condition causes an absolute deficiency of insulin production that commonly begins in childhood and continues throughout adulthood.

  • Type II Diabetes Mellitus

This condition is commonly referred to as adult onset diabetes. Type II occurs when the body’s cells begin to resist the effects of insulin, negatively affecting metabolism and absorption of glucose. Changes in lifestyle and diet can frequently improve this condition.

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

The Social Security Administration has two methods for approving claimants for Social Security Disability Insurance and Supplemental Security Income. Claimants can either have a condition which “meets or exceeds” a listing in the Social Security Administration Listing of Impairments or prove that their condition is so severe they cannot perform substantial gainful activity (through a medical vocational allowance).

Meeting a Social Security Administration Listing for Diabetes

The Social Security Administration does have a listing for diabetes, and it can be confusing when claimants have been diagnosed with diabetes, meet the nonmedical requirements for diabetes and continue to be denied Social Security Disability Insurance or Supplemental Security Income benefits.

What does this mean when this happens? This means that although you may have been diagnosed with diabetes, the SSA does not think that the severity of your diabetic condition meets or equals their current listing. Keep in mind, many claimants have diabetes and are able to work. The SSA listing identifies the degree of severity of any given condition that the SSA believes would KEEP you from working or performing substantial gainful activity.

Previously, to meet the diabetes listing, you had to prove that you had either significant neuropathy which caused a loss of function in two extremities, resulting in a disturbance in your ability to function and your gait, acidosis which occurred every 2 months (documented with medical proof) or severe visual impairments.

Beginning in 2011, the Social Security Administration expects that claimants will first have a diagnosis for diabetes and then they will review how their condition affects their various body systems. For example, they will evaluate cardiac arrhythmias under 4.00, intestinal necrosis under 5.00, and cerebral edema and seizures under 11.00.

If you have 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 peripheral and sensory neuropathies under 11.00; and cognitive impairments, depression, and anxiety under 12.00.

Approval for Social Security Disability Insurance and Supplemental Security Income for Diabetes without meeting an SSA listing

Claimants whose condition does not meet a listing must prove that they cannot perform substantial gainful activity. If your condition does not meet a listing, contact a disability lawyer to find out what information you will need to have in your medical files to prove you are disabled, unable to work for at least 12 continuous months and should be awarded Supplemental Security Income or Social Security Disability Insurance benefits.

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Social Security Administration BEST Program

Friday, February 3rd, 2012

The Social Security Administration receives millions of applications for Social Security Disability Insurance and Supplemental Security Income benefits. In an effort to expedite the disability application process and eliminate applications from claimants who do not meet the basic non-medical requirements of any disability program the Social Security Administration has created the BEST or Benefit Eligibility Screening Tool.

According to the Social Security Administration, this interactive, on-line screening tool will help you find out if you qualify for the programs administered by the SSA. Each claimant is asked to spend 5 to 10 minutes answering a variety of questions. After completing the questionnaire the BEST program will tell you if you are eligible and if not, how you might qualify.

What does BEST screen for?

BEST screens for the Medicare, Social Security Disability Insurance (SSDI), Social Security Retirement, Social Security Survivors benefits, special Veteran’s benefits, and Supplemental Security Income (SSI) benefits.

Consider, however, that the BEST tool is not the tool used to apply for disability benefits. Claimants may apply for Supplemental Security Income and Social Security Disability Insurance online but not using the BEST tool.

BEST does not gather sufficient information to determine whether or not claimants would qualify for disability. BEST does not gather your name or Social Security number. It does not have access to your Social Security records, and it will not be able to tell you the estimated amount of your disability payment. For this information claimants must visit the Social Security Administration’s benefits estimator page or review their most recent Statement of Earnings.

BEST will also not screen or provide information for the Medicare prescription drug program. Claimants with questions about this plan should contact the Social Security Administration at 1-800-772-1213 or visit their website at www.ssa.gov.

What information does BEST need?

As mentioned above, claimants who wonder if they meet the basic qualifications for either Supplemental Security Income or Social Security Disability Insurance can spend 5 to 10 minutes and find the answer. Remember, even if BEST determines you MAY be eligible for disability, the Social Security Administration will still have to request your medical records to determine if you are disabled before you will be approved.

BEST will need the following information to determine if you meet the nonmedical requirements for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI):

  • You and your spouse’s date of birth, marriages and earnings information
  • Financial information which can be used  to determine if you or your spouse qualify for Supplemental Security Income (which does have very limited income and resources to qualify)

Keep in mind, claimants who are receiving specific benefits are not screened again for the benefits they are currently receiving, and the Social Security does not keep any of the information which is entered into the system. The SSA also recommends that claimants make printouts for their records.

BEST said I might qualify. What do I do next?

BEST is a prescreening tool only. As mentioned, to file for Social Security Disability Insurance or Supplemental Security Income claimants can contact the SSA by calling them at 1-800-772-1213, visiting their website online at www.ssa.gov, or make an appointment to visit with a Social Security Administration representative.

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Graves Disease and Disability Benefits

Thursday, February 2nd, 2012

Graves Disease is the most common cause of hyperthyroidism. It is an immune system disorder that can cause an over production of thyroid hormones. As with many thyroid conditions, the symptoms and impairments caused by the disorder can vary significantly making it difficult to generalize about whether or not a claimant with this condition can qualify for Social Security Disability Insurance or Supplemental Security Income.

Graves Disease can be severe but it is generally not life-threatening. Graves Disease generally occurs later in life (30 to 60 years of age) and may be an autoimmune response to some type of a virus. Women are more likely to suffer from Graves Disease than men. Graves Disease sufferers may have to have their thyroid surgically removed or radioactive iodine treatment or they may have to take thyroid medication.

What symptoms are caused by Graves Disease?

As mentioned before, the symptoms of Graves Disease can range from the mild to severe. Claimants may experience any of the following:

  • Heat sensitivity
  • Fatigue
  • Rapid heartbeat
  • Extreme weight loss
  • Anxiety or irritability
  • Tremor in hands and fingers
  • Diarrhea
  • Bulging eyes
  • Erectile dysfunction
  • Warm or moist skin
  • Red skin which thickens on the claimant’s shins or feet

Qualifying for Social Security Disability Insurance or Supplemental Security Income for Graves Disease

The Social Security Administration approves disability benefits for health conditions using two methods: determining if the condition is on the SSA Listing of Impairments or determining if the claimant has the residual functional capacity to work (medical vocational allowance).

Meeting a Social Security Administration Listing for Graves Disease

The Social Security Administration does not have a specific listing for Graves Disease in their SSA Listing of Impairments, but they have indicated that if a claimant’s condition causes an impairment in the Endocrine System (such as a severe thyroid condition) the claimant’s condition can be evaluated based on the body system that is affected.

According to the SSA, “If the claimant has a thyroid gland disorder which affects the sympathetic nervous system and normal metabolism. We evaluate thyroid-related changes in blood pressure and heart rate that cause arrhythmias or other cardiac dysfunction under 4.00; thyroid-related weight loss under 5.00; hypertensive cerebrovascular accidents (strokes) under 11.00; and cognitive limitations, mood disorders, and anxiety under 12.00.”

So to meet a listing for Graves Disease the claimant could meet the listing under the appropriate section.

Winning Social Security Disability Insurance or Supplemental Security Income for Graves Disease through a medical vocation allowance

Claimants who have Graves Disease can also win Social Security Disability Insurance or Supplemental Security Income if they can prove that they do not have any residual capacity to work and their condition is so severe that it is expected to last for 12 continuous months.

How can a claimant prove they cannot work? Think about common work activities and make sure your medical records to support your claim that you cannot perform them. For instance, do you have difficulty standing, walking or sitting for long periods of time? Do you have limitations in the amount of weight you can carry or lift? Do you have severe side-effects from your medications? How often do you miss work because of your condition? Would you have difficulty maintaining a work schedule?

Claimants who do not have the capability to work their current job, previous work or retrain for new work may be able to win disability benefits for Graves Disease through a medical vocational allowance.

If you need help determining if your condition is severe enough to get Social Security Disability Insurance or Supplemental Security Income, contact a disability lawyer.

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Consultative Examination – How long will it take for a SSA disability decision?

Tuesday, January 31st, 2012

Many Social Security Disability Insurance and Supplemental Security Income claimants assume that if the Social Security Administration has sent them to a consultative examination that this is a good sign for their claim and they are on their way to getting approved for SSA disability benefits.

When will I be sent to a consultative examination?

The Social Security Administration will only send Social Security Disability Insurance and Supplemental Security Income applicants to a consultative examination if they do not have enough medical evidence to determine from the claimant’s own medical records that they are disabled, the treating doctors failed to send the claimant’s medical records or the claimant has not seen the right doctor.

So right from the start, if you are scheduled for a consultative examination it means that your case lacks something significant: the proper medical files for a Supplemental Security Income or Social Security Disability Insurance disability determination. Unfortunately, this is never good.

How long after the Consultative Examination will I have to wait for a disability decision?

This question is very difficult to answer. If you have seen the consultative examiner you may have submitted your Social Security Disability Insurance or Supplemental Security Income application as many as three months prior. It may take an additional 30 to 90 days after the consultative examination for the consultative examiner to complete their report and send it back to Social Security Administration.

Processing times throughout the United States can also vary widely. There may be parts of the country which have a significant backlog of claims that must be processed.

If after the Disability Determination Services office receives the consultative examination report and finds the claimant disabled, according to the Social Security Administration they must “complete any outstanding non-disability development, compute the benefit amount, and begin paying benefits.” Unfortunately, there generally is a backlog of applications to process at every step in the Social Security Administration process.

How can I avoid a consultative examination?

Social Security Disability Insurance and Supplemental Security Income claimants who do not understand the disability evaluation process are frequently asking when the Social Security Administration will send them to a consultative evaluation or “medical exam” to determine disability.

This is a question only someone without knowledge of the disability decision making process would ask. The right question to ask is, “How can I avoid being sent to a consultative examiner?”

Consultative examinations should not be considered “medical care.” They are very cursory (often lasting for less than 10 minutes), they are generally not helpful to claimants, and they in no way should substitute for great, consistent medical care from a claimant’s treating physician.

So how do you avoid an examination? Go to the doctor. What if you do not have medical insurance? Find a way to prioritize medical care and go to the doctor. What if you are not following your doctor’s treatment plan? Find a way to follow your doctor’s treatment plan.

The bottom line for every Social Security Disability Insurance and Supplemental Security Income claimant is to get the best medical care that you can for your health conditions and do what your doctor recommends. If, after having done all of this, you still are unable to work for at least 12 continuous months, at least you will know you have done all you to help your disability claim.

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Social Security Administration Disability Benefits, Alcoholism and Drug Addiction

Sunday, January 29th, 2012

How does drug abuse and alcoholism factor into the Social Security Administration disability decision?

Many Social Security Disability Insurance and Supplemental Security Income claimants are either drug addicts, alcoholics or recovering from a serious drug or alcohol addiction and they are wondering whether the drug and alcohol addiction is considered a disability, and if it is not, how will the Social Security Administration make their disability determination. Does the Social Security Administration automatically deny all claims from drug and alcohol addiction applicants?

According to the Social Security Administration, if you have history of drug abuse or alcoholism the Social Security Administration must determine whether the abuse is a contributing factor which they consider material to your impairment.

According to the Social Security Administration, “Drug addictions or alcoholism cannot be considered a “disability” on the basis of that diagnosis alone; on the other hand, a diagnosis of drug addiction or alcoholism should not have an effect on a Supplemental Security Income or Social Security Disability Insurance evaluation that is adverse to the applicant. Drug addicts and alcoholics are subject to all the ills that may affect any other applicant. Drug addiction and alcoholism are diagnostic terms; they do not denote impairment value or severity. It is necessary to evaluate the severity of the impairment which may be associated with, manifested by, result from, or coexist with these diagnoses.”

Determining a Supplemental Security Income or Social Security Disability claimant is disabled

The Social Security Administration uses a five step sequential evaluation process to determine if you are disabled. The most basic steps are listed below.

  1. Are you performing substantial gainful activity? Claimants who are working too much are automatically denied disability benefits.
  2. Is your disability or condition “severe”? Claimants who do not have a severe condition are automatically denied Supplemental Security Income and Social Security Disability Insurance.
  3. Is your condition found in the Social Security Administration’s Listing of Impairments?
  4. Can you perform your current job or any past relevant work?
  5. Can you retrain any other type of new work?

Determining disability for alcoholism and drug addictions

If you are determined disabled by the Social Security Administration, after they complete the “normal” five step sequential evaluation process if you are dependent on drugs or alcohol, they will add an additional sixth step.

  1. Would your disabilities continue to exist if the if substance-abuse issues were gone? If the answer is no, Social Security Disability Insurance or Supplemental Security Income benefits will be denied. If the disability would persist, regardless of your addiction, benefits will be approved.

Proving step six in the sequential evaluation process can be tough for addicts. Contact a disability lawyer if you need more information.

According to the SSA, the decision will depend on “the severity of the impairment, as properly documented by the required medical findings, and, for appropriate cases, the limitation of function imposed on the applicant by the impairment in conjunction with applicable vocational factors. An individual may be a drug addict or an alcoholic and not be disabled if the evidence fails to show inability to engage in substantial gainful activity.”

Treatment and Payment Requirements for alcoholism and drug addictions

If the Social Security Administration determines you are disabled due to a disability but you have an addiction issue, you must undergo and complete an addiction-treatment program prescribed by a medical professional.  A representative will also receive your Supplemental Security Income or Social Security Disability Insurance benefits and help you manage your money by assigning you a representative payee.

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Supporting yourself while you wait for Social Security Administration Disability

Sunday, January 29th, 2012

Many claimants who apply for either Supplemental Security Income benefits or Social Security Disability Insurance have been out of work for weeks or months and are facing a serious financial crisis. One common question we get on our forum is, “What do I do for money while I wait for disability benefits to be approved by the Social Security Administration?”

The answer to this question obviously depends on many factors, but this blog will discuss some of the basic steps that you can take to weather the weeks, months or years that you may end up fighting for Supplemental Security Income or Social Security Disability Insurance benefits.

Will I have to wait months to get approved for Social Security Administration disability benefits?

One of the first questions claimants have when evaluating how to survive until they get their benefits is how long the disability determination process will actually be. Do some claimants actually wait years to get approved? Is there a way to expedite claims? Does everyone who applies get Supplemental Security Income or Social Security Disability Insurance benefits?

Many claimants who apply for SSA disability benefits will not be approved. Either they do not have enough work credits (for Social Security Disability Insurance), their income and resources are too high (for Supplemental Security Income), their condition is considered not severe enough, or their condition will not last for 12 continuous months.

There are many claims that can be expedited and approved immediately (compassionate allowance, TERS, wounded warriors), but most claims will not be approved immediately, and the claimant will have to appeal at least one denial (sometimes mores). Filing multiple appeals is what can add substantial time to processing a disability claim.

Financial options while waiting for Social Security Administration disability benefits to start

Making the assumption that the disability process may take months or years, you are probably wondering what you can do if you are not able to work. You may have a spouse who is working who can relieve some of the financial stress but what if you are single? There are options, but unfortunately, they are limited.

  • Save money BEFORE you quit working

This sounds idealistic and many families are struggling to barely make ends meet while they are working, but with the understanding that it may take months to get Social Security Disability Insurance or Supplemental Security Income, it is imperative that you begin to save a little bit each month into a special account to prepare for the time when you are no longer able to work.

  • Borrow money from friends or family members

Often borrowing money is not a good idea, and even in this case it should be a last resort, but if you have a family member or friend who is willing to help you out, it may be your only option.

  • Take out a home equity loan or personal loan

If you own a home and you have equity in your home you may be able to refinance the home and take some of your equity out of your home to help sustain you for a few months.

  • Work VERY part-time

It may be possible to work a few hours a week and still get approved for Social Security Disability Insurance or Supplemental Security Income. Keep in mind, performing substantial gainful activity will automatically result in a denial of SSA disability benefits.

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Child Support and SSA Disability

Saturday, January 28th, 2012

Child support is provided to a child during their formative years. It is paid by one of the parents and is mandated by the court. The goal of child support is to ensure that if parents divorce or separate the child is able to maintain their current standard of living, which the court has determined should not substantially decrease due to the change in their living arrangement.

For example, if the custodial parent is unable to provide the financial support that the noncustodial parent enjoys, the assumption made by the court is that the noncustodial parent is responsible for paying an amount of child support that reflects their lifestyle. The courts often award child support as a percentage of the noncustodial parent’s income.

Child support may have to be paid by either the mother or the father and payments are made on a monthly basis. The optimum method of child support collection is done by payroll deduction prior to the parent receiving their wage. This type of payment structure has eliminated some of the law enforcement efforts that tend to be costly and time consuming.

How is child support paid if the paying parent is on SSA disability?

Many claimants want to know what will happen to their child support payments if the noncustodial parent becomes disabled and no longer has an earned income from employment, but is instead, relies on the Federal Government each month for financial support through either Supplemental Security Income or Social Security Disability Insurance. Whether or not your ex-spouse or partner’s disability benefits will be garnished for child support will depend on what type of disability payment they are receiving.

  • Social Security Disability Insurance

According to Social Security Ruling 79-4, “the Social Security Administration can withhold a percentage of a claimant’s Social Security Disability Insurance or SSDI benefits in an amount equal to what SSA could withhold to pay delinquent income tax debt.”

Prior to withholding any type of payment the Social Security Administration should notify the claimant 60 days in advance. So if your ex-spouse or partner is receiving Social Security Disability Insurance benefits the amount of payment could be reduced by the courts, especially if the monthly amount of SSDI benefits they are receiving is substantially lower than their prior wages, but you should continue to receive some type of child support payment.

  • Supplemental Security Income Benefits

Unfortunately, if your ex-spouse or partner does not qualify for Social Security Disability Insurance, which means that they have not been working and paying employment taxes and are not “insured” for SSDI benefits, assuming they are determined disabled by the Social Security Administration they will only be entitled to receive Supplemental Security Income (assuming they meet the income and resources requirements for SSI).

Supplemental Security Income is not generally seized for child support. The Supplemental Security Income payment is considered a “public welfare benefit” and is not derived from the claimant’s earnings record. Supplemental Security income is similar to other public benefits that are not seized such as food stamps.

So to answer the question, if your ex-spouse is receiving Social Security Disability Insurance, although the amount of child support paid may be reduced by the court, you should still receive some type of payment. If your ex-spouse is receiving Supplemental Security Income, you may not receive child support.

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Sleep Apnea and Disability

Friday, January 27th, 2012

Can I get Social Security Disability Insurance or Supplemental Security Income for Sleep Apnea?

Sleep apnea causes a reduction of airflow during sleep. It is common in adults and generally treated through either surgical or nonsurgical means. The most common symptoms of sleep apnea are a break or loss of airflow which causes the sleeper to stop breathing, sometimes for as long as ten seconds.

The lack of oxygen, blood and breathing during sleep can lead to severe health issues. Resulting conditions can include high blood pressure, mood disorders, sleep, daytime drowsiness, anxiety, insomnia and headaches. Sleep apnea, if left untreated, can also lead to chronic heart failure.

How severe does my sleep apnea have to be to get SSD Benefits?

What does it mean to be disabled according to the Social Security Administration? Claimants must prove that they have a condition which is so severe that it does not allow the claimant to work for at least 12 continuous months.

Sleep apnea, although it can be severe, generally on its own does not qualify for disability benefits. What can happen, however, is claimants who have sleep apnea may also have other severe conditions, which in their totality may not allow them to maintain employment and perform what the Social Security Administration considers substantial gainful activity.

What conditions may help me qualify for disability benefits?

Claimants who have sleep apnea should also consider whether they may have additional conditions that contribute to their inability to work. For instance, does the claimant have hypertension, fibromyalgia, diabetes, mental conditions or chronic heart failure? These conditions, in addition to the sleep apnea, may be enough to convince the Social Security Administration that the claimant does not have the residual capacity to work.

Are you seeking the proper treatment for your sleep apnea?

Claimants must also get proper medical treatment for their condition. It will not be enough to claim that you do not have medical insurance or money to pay for a doctor. Claimants who have not been seeing a doctor or who have not followed the doctor’s treatment plan will not qualify for disability benefits. If a claimant does not follow the doctor’s treatment plan the Social Security Administration can very easily argue that if they were, they may be able to work.

Claimants who have sleep apnea must prove that they have tried the various methods of treatment, but these treatments have failed to cure their condition. Claimants need to have tried non-surgical options such as muscle relaxants, specialty sleep pillows, devices which help a sleeper avoid sleeping on their backs and weight loss (considered one of the most successful treatments for overweight claimants who have sleep apnea). Other more advanced treatment options may also need to be attempted including a CPAP, BIPAP, APAP or VPAP machines.

Hiring a Disability Lawyer

Claimants with severe sleep apnea, which has not improved after medical treatment, combined with other severe health conditions may be able to prove that they do not have the ability to work.

 

Claimants who do not understand what needs to be included on their Supplemental Security Income or Social Security Disability Insurance application should talk to a disability lawyer for more information.

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