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.

These headaches are killing me! Social Security Disability Benefits for Chronic Migraines

It is difficult, but it is possible to receive Social Security Disability benefits for severe migraines. My clients who suffer from this type of headache have migraines that can last from 2 to 72 hours, and are very debilitating. It is important that you have thorough medical records to document the persistence and severity of the migraines to prove how they affect your ability to work.

Most doctors believe that migraines are a neurovascular disorder. The exact mechanism for the head pain is still up for debate, but some patients with debilitating migraines can feel an “aura”, or a spreading of pain throughout the brain and surrounding blood vessels. Migraines can be diagnosed by using the “5, 4, 3, 2, 1 criteria” according to the International Headache Society. This can be used for patients whether they can feel the aura or not. According to the I.H.S. symptoms of migraines include: 

• Five or more attacks (two if patient can feel the aura) 4 hours to 3 days in duration
• Two or more of the following:
• Unilateral (affecting only half of the head)
• Pulsating
• Moderate or severe pain intensity
•  Aggravation by causing avoidance of routine physical activity
• One or more of the following
• Nausea and/or vomiting
• Sensitivity to both light and sound

Social Security does not have a specific listing for migraines in its List of Impairments, but this does not mean that you cannot receive disability benefits if your migraines keep you from being able to work. With a solid documented medical history, a good case can be made for Social Security benefits. From my experience, some of the most important evidence in showing the Social Security Administration that migraine headaches keep you from working are medical records showing a history of consistent treatment, preferably by a migraine specialist.

Some doctors recommend you keep a diary of the following information, to help them make a more accurate diagnosis as well as show the Social Security Administration the frequency and severity of your migraines. This information of your condition can help with your claim. Here are the suggested items to keep track of in your diary:

• Date of migraine
• Length and intensity of pain
• Description of aura, if applicable
• Preceding symptoms and possible triggers
• Dosage of medication and level of relief

For more information on this issue or if you have any questions regarding social security disability benefits please call me at 1-800-342-3352 today for a free consultation.  http://www.thecavanaughlawfirm.com

 

 

 

 

 

 

 

 

 

 

 

 

 

Is Autism a Basis for Social Security Disability Benefits?

Autism is a developmental disorder that is usually diagnosed within the first three years of a person’s life. It limits an individual’s communication and social interaction skills. Both children and adults can receive Social Security disability benefits for autism.

Autism is diagnosed based on the patient’s behavior. According to many medical sources an individual must display at least six symptoms to be diagnosed as autistic. Of these six symptoms two must be impairments in social interaction, one must be an impairment in communication, and one must be restricted and repetitive behavior. Some examples of these symptoms include: not making friends with children of the same age, problems starting or participating in conversations, and insisting on always taking the same route to a destination.

Autism is classified as a pervasive developmental disorder (PDD). Autism and other PDDs are defined by irregular social interactions and communication as well as very limited interests and highly repetitive behavior. PDDs are not characterized by any emotional problems, sickness, or fragility.

Social Security defines adult autism in its Listing of Impairments under section 12.10 – Autistic Disorder and Other Pervasive Developmental Disorders. The Social Security Administration (SSA) requires two types of evidence to show that a claimant meets this listing. First, the claimant must demonstrate medical findings to support his or her diagnosis. Second, the claimant must show a certain level of impairment in functioning.

The listing for adult autism from the SSA’s listing of Impairments.

Medically documented findings of all of the following:

• Qualitative deficits in reciprocal social  interaction
• Qualitative deficits in verbal and nonverbal communication and in imaginative activity
• Markedly restricted repertoire of activities and interests
• Resulting in at least two of the following:
    
  • Marked restriction of activities of daily  living  
  • Marked difficulties in maintaining social  functioning  
  • Marked difficulties in maintaining  concentration, persistence, or pace  
  • Repeated episodes of decompensation, each of extended duration

The term “marked” is used by the SSA to say that someone is more than moderately limited. See Listing Section 12.00 paragraph C in the SSA’s Listing of Impairments – Adults for a more detailed explanation. Even if your symptoms of autism do not meet the exact criteria of this listing, you may still be found disabled under the SSA’s rules. The SSA also looks at your RFC (residual functional capacity) to determine your ability to work. In other words, if you can show that your symptoms of autism along with any other impairment you may have prevent you from performing the work activities necessary to hold a full-time job, you may meet Social Security’s criteria for disability.

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. www.thecavnauaghlawfirm.com.

 

Benefits & Medical Conditions that Cannot be Seen on a Diagnostic Test

Fibromyalgia and other medical conditions that rely on subjective reporting by patients are cases which are definitely becoming more difficult to win.  We regularly deal with younger individuals, (age 49 and below,) who have these subjective complaints. They ask: How much weight does testimonials from family and friends carry? How much weight does a signed letter from my doctor saying, I can’t work/drive it’s unsafe, carry? It is not out of the ordinary for these types of claims to have a difficult time with Social Security.  Social Security defines disability in terms of your capacity to work a simple, entry-level type of job. Basically you have to prove that the symptoms of your medical condition or conditions are so intrusive, that you cannot work at any job, eight hours a day, 40 hours a week.

As the person claiming disability you have to prove that you are unable to work – you do this by submitting medical records, and, even better, a functional capacity form completed by your doctor that identifies specific activity limitations. We will help you obtain these items and work with you throughout the process.  If you have a question about the Social Security Disability please call Attorney Patrick B. Cavanaugh at 1-800-342-3352 for a free consultation.

Nebraska and Iowa Social Security Disability Benefits for Hearing and Tinnitus

Nebraska and Iowa residents that experience tinnitus often wonder if they qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.  Depending on the severity of tinnitus, some individuals may qualify to receive disability benefits.  People with tinnitus may experience hearing a sound within their ear or head when there is no external physical sound present. Some individuals describe the sound as the following:

• hissing,
• chirping,
• buzzing,
• roaring, or
• high-pitched ring.

Tinnitus is a very common problem that affects 10-17% of the general population. Approximately 44 million Americans experience tinnitus to some degree and it is more prevalent in elderly people. Although some people find tinnitus is just a nuisance, others may find it is a life-altering condition.

Tinnitus is so severe that is causes many sufferers to be unable to work; however it is still difficult to know “do I qualify for Social Security disability benefits?”  Many individuals find their tinnitus so severe that it interferes with their ability to function daily activities including, but not limited to, work.  These individuals may qualify for SSDI or SSI benefits if he/she is able to prove the severity of the condition and how it affects their daily life.  The Social Security Administration (SSA) does mention under their “Listing of Impairment” Section 2.00: Special Senses and Speech that tinnitus is part of vestibular disorders.

At the Cavanaugh Law Firm, PC, LLO, Nebraska and Iowa Social Security lawyer Patrick B. Cavanaugh has represented disability claimants with tinnitus.  In his experience, establishing and obtaining good medical records that support the claimant’s disability claim may be key to winning the disability claim.  Individuals with tinnitus may benefit by continuing to visit their treating physician and maintaining treatment as prescribed by their physician.  Tinnitus combined with other disabling conditions may be considered in your disability claim.  Attorney Patrick B. Cavanaugh offers a free consultation to individuals seeking disability benefits from the Social Security Administration.  For your free case evaluation, contact Mr. Cavanaugh at 800-342-3352.

What is the DEAL?! Why Can It Take So Long To Receive A Decision After Your Social Security Disability Hearing?

Nebraskaand Iowadisability claimants who have endured a lengthy wait for their disability hearing should not be surprised to find themselves staring at their mailbox waiting for a decision to arrive.  Nebraska and Iowa Social Security disability attorney Patrick B. Cavanaugh receives many calls from his clients asking why it takes so long to find out whether or not they have won or lost their Social Security disability appeal.  Mr. Cavanaugh understands it can be a frustrating wait when the bills are due and families are having a difficult time putting food on their tables.

There is always a possibility there is still work to do on your Social Security disability claim after you leave the courtroom.  Perhaps the Administrative Law Judge (ALJ) is not through reviewing your case.  All Judges conduct hearings differently and some take testimony first and then look deeper into the medical documentation to make a decision.  If there were no experts at your hearing, the Judge may want to ask questions regarding employment to a vocational expert after the hearing has concluded. On the other hand, some Administrative Law Judges have made a decision during the hearing or as soon as you walked out the door.

There can be other reasons for a lengthy wait. It may be a problem of too much workload put on Administrative Law Judges and their staff.  Considering the large number of claims that are backlogging the hearing offices, it would not be too far fetched to think they are having a difficult time keeping up. NebraskaandWestern Iowadisability lawyer Patrick B. Cavanaugh deals with numerous hearing offices and has noticed some offices are simply slower than others.  With that being said, there are certain judges that seem to work at break-neck speed to get decisions out.  It is important to remember though that the Administrative Law Judge is not the only one that has a hand in getting the decision to the claimant.

So what can you do to speed up the process?  In Nebraska and Western Iowa disability attorney Patrick B. Cavanaugh’s experience is, unless you are required to comply with another medical examination or submit additional medical documentation the judge has requested, there really is not much else you can do. Your attorney will work on your behalf and you can have confidence that the Judge in your claim is being thorough and making a fair decision based on the medical evidence and your testimony.

Patrick B. Cavanaugh is local Nebraskaand Western Iowa disability attorney who strives to achieve the best outcomes for his Nebraskaand Iowadisability clients.  Mr. Cavanaugh offers a free case evaluation by calling 800-342-3352. If you have a disability that prevents you from working call Mr. Cavanaugh and his staff for your free consultation.

How does Education Affect my Eligibility for Social Security Disability Benefits?

The Social Security Administration (SSA) looks at various factors when deciding if you meet their definition of disability. Nebraska and Iowa Social Security disability lawyer, Patrick B. Cavanaugh, often discusses with his Nebraska and Iowa neighbors just what these factors may include. The Social Security Administration will consider a person’s age, education, and work experience when analyzing a claim. 

The Social Security Administration recognizes that individuals with a lower education have fewer jobs in the national economy available to them. This does not mean individuals with a higher education cannot receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. It just may be a little more difficult to win their claim.  The Social Security Administration may take into consideration not only the education level of the claimant, but also the age and prior work experience when making a determination.

It is also important to note the Social Security Administration may also consider any vocational training or schooling an individual may have. This is all in an attempt to evaluate the number of jobs that may exist for a claimant in the economy.  Remember the question is: are you able to work eight hours a day 40 hours per week? To determine that, one must view the whole picture to come up with an answer.

The rule in the 8^th circuit (the judicial region for Nebraska and Iowa) for Social Security disability hearings, is that a vocational expert or “job expert” is present and is required to give testimony with regard to a hypothetical person with your disabilities combined with your age, education, and prior work experience whether there are jobs that the hypothetical person can perform.  Their answers are generally based on statistical analysis and personal experience and observations in their occupation.

Nebraska and Western Iowa disability attorney Patrick B. Cavanaugh handles claims for a wide range of disabling conditions such as diabetes with neuropathy, cancer, fibromyalgia, depression, heart conditions, and epilepsy just to name a few.  If you have been denied your disability benefits or have questions about the claims process contact Mr. Cavanaugh at 800-342-3352 for a free case evaluation.

How does Education Affect my Eligibility for Social Security Disability Benefits?

The Social Security Administration (SSA) looks at various factors when deciding if you meet their definition of disability. Nebraska and Iowa Social Security disability lawyer, Patrick B. Cavanaugh, often discusses with his Nebraska and Iowa neighbors just what these factors may include. The Social Security Administration will consider a person’s age, education, and work experience when analyzing a claim. 

The Social Security Administration recognizes that individuals with a lower education have fewer jobs in the national economy available to them. This does not mean individuals with a higher education cannot receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. It just may be a little more difficult to win their claim.  The Social Security Administration may take into consideration not only the education level of the claimant, but also the age and prior work experience when making a determination.

It is also important to note the Social Security Administration may also consider any vocational training or schooling an individual may have. This is all in an attempt to evaluate the number of jobs that may exist for a claimant in the economy.  Remember the question is: are you able to work eight hours a day 40 hours per week? To determine that, one must view the whole picture to come up with an answer.

The rule in the 8^th circuit (the judicial region for Nebraska and Iowa) for Social Security disability hearings, is that a vocational expert or “job expert” is present and is required to give testimony with regard to a hypothetical person with your disabilities combined with your age, education, and prior work experience whether there are jobs that the hypothetical person can perform.  Their answers are generally based on statistical analysis and personal experience and observations in their occupation.

Nebraska and Western Iowa disability attorney Patrick B. Cavanaugh handles claims for a wide range of disabling conditions such as diabetes with neuropathy, cancer, fibromyalgia, depression, heart conditions, and epilepsy just to name a few.  If you have been denied your disability benefits or have questions about the claims process contact Mr. Cavanaugh at 800-342-3352 for a free case evaluation.