There is a lot of misinformation about what Social Security Disability is and who is eligible and how “easy” it is to get on benefits. The Lawyers at the Cavanaugh Law Firm are here to shed light on these question please call us with any concerns. Here is an article that dispels some of these alternative facts that are beginning to permeate the discussion. https://talkpoverty.org/2017/03/31/washington-post-missed-disability/ What the Washington Post missed on Disability
Social Security Disability in Peril
Despite the President’s repeated pledges to save Social Security during the campaign and since he has taken the oath of office there was a signal from the administration that Social Security disability insurance, a program that helps over 9 million people and their families, is in the budgetary crosshairs. OMB Director Mick Mulvaney made an offhanded comment at the very end of his interview on Face the Nation this weekend that Social Security Disability Insurance was a very “wasteful program”. This is the language that Mr. Mulvaney used to explain cutting other programs in the budget. Social Security Disability is not only is not wasteful it provides a much needed lifeline to maintain and subsistence life after a worker has become disabled and has been working and paying the premiums on their Social Security Disability policy throughout their working life, the very purpose of Disability Insurance. This is in direct conflict with President Trumps Pledge to save Social Security. Please call the Cavanaugh Law Firm with any questions about the Social Security Disability process.
http://www.latimes.com/business/hiltzik/la-fi-hiltzik-mulvaney-disability-20170319-story.html
Will The backlog for hearings continues to grow?!?
At the Cavanaugh Law Firm we deal with client’s requests for status of their claim on a daily basis, people often have debilitating conditions when the first visit our offices in Omaha or Lincoln. After going through the process of a few denials by the Social Security administration and with decreasing access to consistent medical care for their disabling conditions be that Multiple Sclerosis, Depression, Fibromyalgia, or any one of a number of other ailments their functional capacity only decreases. By the time a claimant gets to the Hearing stage they may have already been waiting several months and exhausted the family savings, and no longer eligible for medical insurance. A further wait at the hearing level is the new norm and is devastating to a claimant for benefits and their family. If you have any questions about the best practices to speed up your hearing date please call the Cavanaugh Law firm our office for a free consultation.
The backlog for hearings is too long
The current wait for a hearing at the Omaha ODAR is 473 days that has grown from 386 at this time last year. There was some hope last fall when five new judges were hired that the backlog would be positively impacted, however although the Judges are a welcome relief to this problem, of a year and a half to wait from application for disability benefits to a hearing with a judge, there still was a concern that even with the hard working staff at the Social Security Administration the backlog would take a while to be reversed.
The new proposed hiring freeze the backlog may continue to grow!
The wait time is literally killing people
The wait time for disability claims continues to grow, Social Security has made due with minimum budgets for several years and now has begun to staff up the judges. Unless there is more support for those judges and district offices it will continue to be fatal to many people pursuing legitimate Social Security disability claims. Here is a recent editorial that encapsulates the frustration with the system.
Please call our office to discuss any questions you might have about the Social Security Disability program.
What documentation do I need for my cirrhosis of the liver disability claim?
As a disability lawyer in Nebraska, I speak to clients daily about the documentation they need to prove their Social Security disability claims. Once you have applied for benefits, the Social Security Administration (SSA) will, with your permission, request medical records from the physicians and other medical providers who have treated or evaluated you for your impairments. As you proceed through the appeals process, the SSA will request updated information from your providers, and if you reach a hearing, the Administrative Law Judge (ALJ) will make sure that all of your medical records have been added to your Social Security file. For some impairments, including cirrhosis of the liver, it is very important that your medical records include complete documentation of your symptoms and objective evidence of your condition.
Cirrhosis of the liver is evaluated by the SSA as a digestive system impairment. If you have cirrhosis of the liver, the SSA’s Listing of Impairments Section 5.05 for chronic liver disease requires documentation of at least one of the following:
- Hemorrhaging due to esophageal, gastric, or ectopic varices or portal hypertensive gastropathy, resulting in hemodynamic instability and requiring hospitalization for transfusion. Acceptable documentation includes:
- Endoscopy
- X-rays
- Ascites or hydrothorax, in spite of continuing treatment, on at least two evaluations at least sixty days apart. Acceptable documentation includes:
- Laboratory tests showing serum albumin of 3.0 g/dL or less
- Coagulation studies showing increased International Normalized Ratio (INR)
- Spontaneous bacterial peritonitis. Acceptable documentation includes:
- Laboratory tests showing an absolute neutrophil count of at least 250 cells/mm3.
- Hepatorenal syndrome. Acceptable documentation includes:
- Documentation of low arterial oxygenation
- Echocardiography (ECG) or lung perfusion scan showing intrapulmonary arteriovenous shunting
- Hepatic encephalopathy. Acceptable documentation includes:
- Documentation of abnormal mental state or cognitive dysfunction
- Documentation of surgical portosystemic shunt placement
- Documentation of neurological abnormalities such as asterixis
- Electroencephalogram (EEG)
- Serum albumin laboratory tests
- Coagulation studies showing increased INR
- End stage liver disease. Acceptable documentation includes:
- Liver function testing showing excess serum total bilirubin, serum creatinine, and INR
- Other tests used to diagnose cirrhosis and evaluate its severity include:
- Magnetic resonance elastography
- Magnetic resonance imaging (MRI)
- Computed tomography (CT) scan
- Ultrasound
- Biopsy
In addition to reviewing your medical records for documentation of liver disease, the SSA will also consider the side effects of your medication and treatment, whether you are complying with your doctor’s instructions, and whether your medical treatment is helping. Further, the SSA must consider how pain, fatigue, weakness, and other symptoms affect your ability to perform work activities.
If you have cirrhosis of the liver due to alcohol abuse, the most important thing you can do is to stop consuming alcohol. Stopping drinking will not only be good for your health, but it will also help you to show that you are following your doctor’s orders to discontinue all use of alcohol. If you are presently using alcohol or failing to otherwise follow your treatment instructions, Social Security may conclude that your symptoms would not prevent you from being able to work if you were compliant with treatment. You will be able to present your best case to the SSA if you are receiving regular treatment from specialists, are taking your medications as prescribed, and are following your doctor’s instructions regarding your diet and behaviors.
I have found that people living with cirrhosis of the liver have many physical and mental symptoms that affect their ability to work. Toxins in the blood can cause mental confusion and difficulty concentrating. Other symptoms such as high blood pressure, swelling in the legs and abdomen, loss of appetite, feeling tired or weak, and difficulty fighting infections can affect your ability to work a full time job day in and day out. What do you do if you are incapable of working due to cirrhosis of the liver, and you expect to be unable to work for more than twelve months? The first thing to do is to apply for benefits. After you apply, it is important to comply with all of the SSA’s requests to help them get a complete picture of your impairment. Many initial applications are denied, though, and the next step is to start the appeals process right away.
If you have any questions about the cirrhosis or any disabling condition or any other questions about the Social Security Disability processes please call Attorney Patrick B. Cavanaugh at 1-800-342-3352 for a free consultation.
Can I receive Social Security Disability Benefits for a Skin Disorder?
As a disability lawyer, I get many calls from my Nebraska neighbors asking if their impairment will qualify them for Social Security Disability benefits. If you have a skin disorder and you are unable to work, you may qualify for benefits. Skin disorders that result from hereditary, congenital, or acquired pathological processes are identified in Section 8.00 of the SSA listing of impairments.
The following Skin Disorders are included in this category and may meet the SSA disability guidelines:
- Ichthyosis
- Bullous disease
- Chronic infections of the skin or mucous membranes
- Dermatitis
- Hidradenitis Suppurativa
- Genetic photosensitivity disorders
- Burns
Do not be discouraged if your condition does not meet the SSA listing. If you continue the claims process, your claim will still be evaluated by the SSA. Your limitations and symptoms may affect your ability to work without specifically meeting the listing. The SSA wants to determine if you can perform your past relevant job(s), or if there are other jobs you have the ability to perform. Many of my Nebraska clients with a skin disorder complain that they are unable to work because they have lesions that are painful and require extensive treatment. Furthermore, your condition may cause anxiety and make it difficult for you to interact with others. Your skin disorder can easily affect your activities of daily living and make it difficult to maintain a job.
Skin disorders can be a tricky issue for Social Security Disability if you have any questions about the skin disorders or any other questions about the Social Security Disability processes please call Attorney Patrick B. Cavanaugh at 1-800-342-3352 for a free consultation.
The Social Security Administration will need medical documentation from “acceptable medical sources” to evaluate the presence and severity of your disorder. Information commonly needed for a skin disorder disability claim is; the onset date, duration and prognosis, frequency of flare-ups, location, size and appearance. To confirm a diagnosis the SSA may need laboratory findings such as biopsy and blood tests results. Your symptoms (including pain) will be assessed to determine how they impact your daily life and your ability to work. The effects of any treatment you receive to include medication, therapy and surgery will be assessed. This information is useful in determining the severity of your impairment. Your skin disorder may respond well to treatment, however the side effects can result in limitations. Any adverse effects of the treatment will be assessed.
The Social Security Administration scheduled me for a consultative exam. What is it, and do I have to go?
If you have filed a claim for disability benefits, the Social Security Administration (SSA) may schedule you for a consultative exam. As a disability attorney in Nebraska and Iowa, I get many calls from my clients asking about the consultative exam. The consultative examination is a physical or mental exam performed by a medical source at the SSA’s request and expense. As the SSA reviews your claim, they want as much information as possible about your medical conditions in order to make a decision. The medical evidence may be insufficient to determine if you are disabled. In some cases, claimant’s physicians do not furnish the required medical records. The SSA will send you a letter with information such as date, time and location of the exam. It is very important that the SSA has your correct mailing address so that you get this information as soon as possible.
The exam itself will likely be performed by a medical professional you have never seen before. You can expect the exam to take between 20 and 60 minutes. I have heard people complain that their consultative examinations were very short, or the doctor did not address all of their impairments, or the doctor was rude and did not seem to take them seriously. The consultative doctors are supposed to evaluate your physical or mental abilities; they are not entering into a treatment relationship with you. While the doctors are paid by the SSA for their time, they are supposed to give an unbiased opinion. Therefore, when you go to your appointment, make sure you bring up all of your impairments to the doctor. Answer all of the doctor’s questions truthfully and completely. Remember, too, that the doctor is not just listening to your answers to those questions; he or she is also observing your behavior, speech, and movement and will include those observations in the final report to the SSA.
Many of my clients call me because they are concerned about going to the consultative examination. They say it is difficult to get transportation, or they are just plain worried about what will happen at the exam. Some clients tell me that in their mental state, they don’t know if they can handle that sort of stress. In my experience, it is very important that claimants comply with any and all SSA requests. You should make every effort to get to your exam. Failure to show up for your appointment can have a very negative effect on your claim. Your claim could be denied based on incomplete medical evidence. After all this time waiting on a decision, you don’t want it denied because you didn’t make it to the exam. The whole process can be frustrating and intimidating. Remember, though, that as important as it is to attend the consultative examinations, they are still only one part of all of the evidence the SSA must consider in deciding your claim. Even if you think your consultative examination went badly, it cannot all by itself ruin your chances of being found disabled. The SSA will also consider your treating doctors’ opinions, the results of objective medical tests, and the effects of your impairments on your daily functioning.
As a disability lawyer in Nebraska, my goal is to provide the best advice and representation possible as you navigate the Social Security disability application process. Contact my office if you have questions about the consultative examination or any other aspect of your Social Security disability appeal.
Please call me, Patrick B. Cavanaugh at 1-800-342-3352 with for a free evaluation of your claim.
Will the Social Security Administration be raided to pay for Highways in South Dakota?
The Senate is considering building highways in South Dakota on the backs of the disabled, the Social Security Disability Insurance (SSDI)/Unemployment Compensation offset is again being considered in the Senate this time as a way to pay for Highways.
Last week before the 4th of July Legislative recess Holiday, the Senate Finance Committee started legislation to deal with a hole in the Highway Trust Fund (PATH Act). “ Senator Thune (R-SD) had filed two amendments that include proposals to partially pay for the Highway Trust Fund fix by cutting benefits for people who receive SSDI and Unemployment Insurance (UI) concurrently.” This is being reported by NOSSCR, a Social Security Claimant’s organization. “Senator Thune’s proposal would deem that an individual has performed Substantial Gainful Activity in any month the person receives UI. This would mean no month in which a person receives UI could count as a waiting period month; an SSDI claimant receiving UI would be denied at step one; and it would substantially delay access to both SSDI and Medicare for workers with disabilities. Because a claimant’s SSDI onset date could not be set during the receipt of unemployment benefits, an individual would be forced to choose between receipt of UI or an earlier disability onset date. “ NOSSCR stated.
Because of the July 4th Congressional recess, no votes have been held. Finance Committee Republicans, led by Senator Thune, asked Chairman Wyden (D-OR) for more time to finalize the proposal and generate additional support. The markup is scheduled to resume the week of July 7th.
This is an inappropriate use of Social Security Trust Fund dollars, although funding the Highway Trust Fund is a way for the country to get back on economic stability and renovate and create much needed public infrastructure, however it is poor public policy to use SSDI as a “pay for” road projects. Traditionally when politicians use SSDI trust fund dollars they are as a loan to other accounts in government (ie roads, defense etc) but this proposal is to take money directly from disabled people for months that they are disabled and use that money to pave South Dakota.
As a disability attorney in Nebraska, South Dakota and Iowa, I represent clients with numerous disabilities. I answer their questions, help them with the claim process and represent them at their hearing. This question of Unemployment benefits offset if implemented will need assistance from a knowledgeable representative. If you or a loved one has been denied benefits, contact me 1-800-342-3352. The consultation is always free and can be done in my office or over the phone.
Will I receive any back pay for my Social Security Disability claim?
Are you a Nebraska or Iowa resident who has been denied disability benefits? Are you unable to work due to your disability? If you are wondering whether it is worth your time to appeal the decision, the answer is most likely yes. If you are successful in appealing your claim, you will most likely be due back pay. The Social Security Administration (SSA) may owe you hundreds of dollars in back pay for your Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) claim. All the time you waited for a decision was not in vain. As a disability attorney in Nebraska and Iowa, I often get calls from my clients who are ecstatic because they just received a rather large check for disability compensation back pay. They now realize that it was worth all the frustration and waiting.
I applied for Social Security Disability Insurance (SSDI). How much can I expect to get?
For those applicants who are approved for SSDI, your back pay will most likely go back to the sixth full month after the date your disability began. However, the Social Security Administration (SSA) will determine exactly how far back your payments should go. It will depend on your application date and onset date (the date the SSA decides you became disabled). The amount of your monthly disability is based on your lifetime average earning covered by Social Security. You can use tools such as a benefit calculator to help determine how much you will get.
What about back pay for Supplemental Security Income (SSI)?
For those who are approved for SSI, your back pay has the potential to go back to your application date. Social Security may issue large past-due SSI benefits in up to three installments. There may be instances when the SSA can pay in a larger installment. A person who has certain debts related to food, clothing, shelter, medicine or medically necessary services may qualify.
The whole process can be lengthy, and you may wonder if it is worth it. However, if you are successful, you may be due benefits for some (or even all) of the months you spent waiting. As a Social Security Disability lawyer, I help my clients appeal the denials of their initial applications, file their requests for hearings, and represent them at their hearings. I am there every step of the way. I have experience in the entire process, and that knowledge can help you make sure that the appeals process goes smoothly and that you have a well-prepared case to present at the hearing. If you or a loved one is feeling frustrated with the system and you are tempted to give up, call me at 1-800-342-3352 today for a free consultation.
thecavanaughlawfirm 