Income And Trial Work Period Issues
The SSA may test your ability to go back to work during a trial work period. A trial work period can be a win-win because it allows you to earn additional income beyond your usual disability limitations by working for a limited period. Recall that in 2020, non-blind people on disability cannot make more than $1,260 per month outside of their disability benefits or else they risk losing their benefits. Receiving income above that level will trigger a trial work period. Disability beneficiaries typically get 9 months they can use toward a trial work period, and if they make too much money in a 10th month, their benefits will be terminated.
If you demonstrate that you can perform your work tasks without issue from your disability, your benefits may also be terminated and the SSA will essentially require you to return to the workforce. Alternatively, the SSA might see that your limitations are still too severe to work, and you could be permitted to stay on disability.
Is Ptsd Considered A Permanent Disability
A PTSD disability rating may become permanent and total if VA determines that it meets the 100 percent criteria set forth by the rating schedule and there is zero chance of improvement.
What is the average disability rating for PTSD?
70 percentOn average, most veterans who receive VA disability for their service-connected PTSD are rated at the 70 percent level. Per VAs rating criteria, a 70 percent PTSD rating reflects impairment in most areas such as, work, school, family relations, judgment, thinking, and mood.
What does a 70 PTSD rating mean?
Per VAs rating criteria, a 70% PTSD rating reflects that you display impairment in most areas such as, work, school, family relations, judgment, thinking, and mood. 70% PTSD rating lists several symptoms that affect occupational and social function.
Long Term Effects Of Ptsd
Post-traumatic stress disorder may have a long term effect on a patients life and overall health. The following are some of the common long term effects:
People struggling with this condition often experience intense emotions of pain, fear, and nervousness. At times, an individual may even feel they are in danger and act aggressively toward others. Many people rely on destructive coping mechanisms such as drug or alcohol abuse to deal with the condition. It can result in anxiety and serious complications that impact the mental and physical strength of an individual.
People often avoid socializing with family and friends. They may refuse to participate and engage in social gatherings. This behavior may increase feelings of insecurity and helplessness. It can impact an individuals ability to live and socialize with others.
You may experience difficulty sleeping because of horrifying nightmares. The traumatic event may affect the ability to rest and sleep well. In severe cases, long term sleep disturbance can even lead to insomnia. The lack of sleep increases the risk of additional health conditions such as cardiovascular disease, type 2 diabetes, and healthy weight maintenance.
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What Is Remaining Functional Capacity
RFC refers to the maximum a person with a medical impairment could do despite the limitations imposed by their condition. The SSA typically assesses RFC on a case-by-case basis and only after all medical evidence and documentation have been examined. By evaluating your medical records, the SSA will make a determination of whether your limitations are severe enough to warrant disability benefits. In many cases, having your own treating physician complete your RFC will help your case. Talk with our Arkansas disability lawyers about what medical evidence is necessary to increase your chances of being approved for benefits.
What If I Can Perform Work
It is possible to be able to perform some measure of work and still qualify for SSDI. As discussed above, you are permitted to work just not engage in substantial gainful activity. If your impairment permits you to work limited hours at a low-paying job, you might be able to work part-time and still retain your disability benefits. However, it is important to speak with an experienced Arkansas disability lawyer before accepting a different position. If your hours are based on the companys needs and not your inability to work longer, your benefits could be terminated.
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Who Qualifies For Ssd
SSD benefits are authorized for those with a total disability who have paid a minimum amount of Social Security taxes. SSD is also provided for people with low or no vision plus widows or widowers with disabilities, children with disabilities, and, in the words of the SSA, wounded military service members.
Social Security Administration literature says you are considered totally disabled when:
- You cannot do the work you did before
- You cannot adjust to other work because of your disability
- Your disability will probably last for at least one year, or cause you to die
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Five Questions Asked By The Ssa
In general, the Social Security Administration has a five-part questionnaire that helps determine or establish a veteran with PTSDs ability to qualify for SSD benefits. The following questions are taken directly from SSA literature and you should expect the same discovery process with your own case if you are submitting an application for SSD.
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Does Ptsd Qualify For Disability In Wisconsin
Take Your Life Back after a Trauma
When youve been through a severely traumatic experiencewhether it was an accident, natural disaster, violent crime or anything of the likeno one truly knows how you feel.
Sure, some people may be able to compare. But no one went through exactly what you went through.
On the other hand, if youre experiencing stress, fear, flashbacks or nightmares thanks to your trauma, you arent alone. You could have Post-Traumatic Stress Disorder .
According to the U.S. Department of Veterans Affairs, about 8 million Americans suffer from PTSD each year. No matter what anyone tells you, its serious.
For many, PTSD makes working impossible.
When you cant work, you struggle to pay your bills. The last thing you need is financial stress added to what youre already dealing with.
Its why you need Social Security Disability benefits. The monthly checks can be a financial lifesaver for people in your situation.
It can be tough to win benefits, unfortunately. You need an experienced disability attorney on your side.
The compassionate lawyers at the Becker Law Office know youre going through a tough time.
If youre in Madison, Wausau or anywhere in Wisconsin, we can help make your case as strong as possible so you can get the benefits you need.
General Requirements For Ptsd Disability Benefits
Two paths exist to receiving disability for PTSD :
- Meet the Social Security disability requirement, or
- Obtain a medical-vocational allowance
- Experience emotional disturbance due to recurrent flashbacks, nightmares, or memories
- These experiences must interfere with daily activities, social life, or concentration
- Medical evidence provided by a doctor must include a detailed description the persons PTSD, notation on what intensifies symptoms and how the symptoms affect his/her ability to function at home and at work, and documentation on how the persons account of PTSD matches the doctors observations.
If someone doesnt meet the full disability requirements, he/she may still obtain a medical-vocational allowance. Despite the fact that the above criteria arent fully met, if the person is unable to work due to the effects of PTSD such as sleep problems , difficulty concentrating, memory problems, and more, he/she is eligible to receive PTSD benefits in the form of a medical-vocational allowance.
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What Are The Symptoms Of Post
PTSD symptoms differ widely, but the presence of symptoms in each of the following categories is needed in the clinical diagnosis. Symptoms must continue for one month or longer if an acute trauma reaction becomes clinical PTSD.
Intrusive symptoms:
Such as hallucinations and/or nightmares:
- You can have traumatic memory or have traumatic nightmares.
Symptoms of avoidance:
- You may avoid thoughts or interactions that will remind you of trauma.
Symptoms related to detrimental changes in perception and mood, including one of the following:
- Permanent swings of rage, depression, or mood
- Hard relaxation and serious anxieties
- Feelings of culpability or guilt and probably a feeling that the trauma is your fault somehow
- Emotional stupidity or energy loss
Some may have physical signs such as headaches, stomach disorders, and/or changes in diet and sleeping behavior.
Now well discuss a little about disability and then we will talk about can you get disability for PTSD?
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How Do I Apply For Social Security Disability Benefits If I Have Ptsd
Applying for Social Security Disability can be tough. Studies show over the vast majority of applications are denied. And the reality is, if youre suffering from PTSD, youre already going through a lot of stress. The last thing you want to do is add a high-stress situation to your plate. If youre applying for Social Security Disability benefits and going through PTSD, it is highly advised you speak to a Social Security lawyer first. Walton Law LLC can walk you through the process and put you at ease. Call us at 251-455-5819 and set up a free one on one consultation.
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Medical Qualifying With A Mental Illness
The SSA conducts a detailed review of your medical records to determine your eligibility for benefits. During this review, they try to match your records to a disability listing in the Blue Book. The Blue Book is the SSAs medical guide that is used to evaluate every disability application.
Disability listings outline the severity level requirements and the specific medical evidence needed to support a claim for benefits. Mental illnesses appear in Section 12.00 and include:
- 12.06, Anxiety-related Disorders you may qualify under this listing if you have a severe phobia, post-traumatic stress, a panic disorder, or another anxiety-related condition.
- 12.08, Personality Disorders this is the listing under which you may qualify if you have severe, clinical depression.
- 12.04, Affective Disorders if you have bipolar disorder, your application will be reviewed under this listing.
Extensive medical records are necessary to qualify, including:
- Information on your diagnosis, ideally from a psychiatrist or psychologist
- Brain scans or other evidence of physical abnormalities that document an organic cause for symptoms, if applicable
- Treatment records, documenting medications, therapy, and other management methods used and their effects
- Thoroughly documented episodes of increased symptoms or periods of decompensation
- Well documented affects of your symptoms on your everyday abilities or activities of daily living
How Does The Ssa Classify Ptsd
As stated in the Listing:
In cases involving post-traumatic stress disorders, documentation of the anxiety reaction is essential.
The SSA receives many fraudulent claims, and as a result, the ability to present medical evidence is critical to being approved. But what does the Listing mean by documentation?
At least one detailed description of your typical reaction is required. The description should include the nature, frequency, and duration of any panic attacks or other reactions, the precipitating and exacerbating factors, and the functional effects.
The SSA classes PTSD as an anxiety-related disorder. A few of the potential qualifying points for this class of disorders include:
- Medical documentation of motor tension, autonomic hyperactivity, apprehensive expectation, or vigilance and scanning.
- Recurrent severe panic attacks.
- Recurrent and intrusive recollections of a traumatic experience, which are a source of marked distress.
You only need to meet one of these requirements, not all of them. However, you must also display one of the following:
- Marked difficulties with daily activities, social function, or concentration, persistence, or pace.
- Repeated episodes of decompensation, each of extended duration.
- Complete inability to function independently outside the area of ones home.
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Ptsd Can Cause Problems In A Person’s Daily Routine
One of the most defining groups of symptoms of the conditions and can help grant you disability for PTSD is the re-experiencing ones, which include:
- Intrusive Thoughts
- Flashbacks
- Nightmares
These re-experiencing symptoms are disabling for many people because they can interfere with everyday function, and they can happen suddenly through various triggers. Triggers can be anything that reminds a person of a traumatic event, such as words, people, objects, and even sounds and scents.
When people become triggered, they can experience flashbacks, which are involuntary and uncontrollable recollections of past events that can produce powerful responses in people and physiological effects.
For someone with PTSD, flashbacks can feel incredibly realistic, and people can respond as if the traumatic event was occurring all over again, causing great distress. You might feel like you have a complete inability to avoid them. They can happen at any time, and this can cause people to try to avoid their triggers at all costs.
At night, individuals can also have recurrent nightmares, which like flashbacks, can be vivid. This can cause chronic sleep problems for people with PTSD, which can have adverse health consequences, including making bad dreams more intense.
Ptsd Can Be A Disability
The severity of the effects of PTSD range from relatively mildonly fairly disruptive to someones lifeto severely debilitating. When PTSDs effects are severely disruptive, PTSD is a disability. In the Diagnostic and Statistical Manual of Mental Disorders, Fifth edition the American Psychiatric Association warns that PTSD sometimes has extreme consequences regarding someones functioning:
- Social disability
- Absenteeism from work/school
- Reduced educational and occupational success
Typically, PTSD prognosis, or expected outcome, is good. In fact, approximately half of all adults completely recover in about three months however, some individuals live with it for a year or more, and some can live with PTSD for more than 50 years . When the effects of PTSD are severely life-limiting and prolonged, PTSD is a disability, and someone can receive PTSD disability benefits.
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How Long It Takes To Recover From Ptsd
Post-Traumatic Stress Disorder is a severe mental health condition that is triggered by a terrifying or traumatic event. People with this condition often experience negative and disturbing thoughts. These thoughts may remain in the mind of the individual for years, even after the traumatic event. Counseling and relaxation techniques often help in coping with the condition.
The condition may disrupt the everyday activities and functioning of the brain. Its symptoms can be categorized into the following four groups:
- Avoidance An individual may tend to avoid the places, people, and situations that may remind them of the traumatic event.
- Cognition and mood An individual may develop negative thoughts and feelings of guilt or blame.
- Intrusion The unpleasant memories may lead to nightmares and may affect the mental state of the individual.
- Arousal and reactivity The individual suffering may have difficulty concentrating and may have a constant feeling of being on edge.
Is Ptsd Covered Under Disability
There are two ways to get approved for disability benefits based on PTSD. The first route is to pass the disability evaluation of the Social Security Administration . The second way is to obtain a medical-vocational allowance.
For the first route , the SSA uses a 5-step process to decide if you are disabled:
Step 1. Are you working?
First, the SSA considers your work activity. If you are engaged in Substantial Gainful Activity you will not be found disabled. The amount you must earn to be working at SGA changes each year. For 2018 it is $1,180 per month if you are not blind and $1,970 per month if you are blind. If you are working, and your earnings average more than the SGA limit, then you will not be found disabled. If you are not working, or your earnings are less than SGA, the process proceeds to Step 2 where your PTSD and any other physical or mental conditions are assessed.
Step 2. Is your medical condition severe?
The SSA aims to be sure that your medical condition significantly limits your ability to do basic work activities such as sitting standing walking lifting carrying understanding, remembering, and carrying out simple instructions making simple work-related decisions responding appropriately to supervision, co-workers, and work stress and dealing with changes in a routine work setting.
Step 3. Does your medical condition meet or equal the severity of a Listing?
Step 4. Can you do any of the jobs you have performed in the past fifteen years?
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Will Ptsd Qualify For Disability Benefits
The condition has been listed in the Blue Book, which may make it easier to be approved because SSA recognizes the diagnosis as a disabling condition. You must still, however, meet the eligibility requirements to establish entitlement to disability benefits. Alternatively, you can seek benefits through a medical-vocational allowance. A medical-vocational allowance is a type of approval that considers the Residual Functional Capacity of an individual, including job history, age, education, and training, etc. The SSA will analyze your ability to perform and function in different capacities despite having the condition.
To be approved, you must show that you have severe or extreme limitations in the following areas:
- Adapting to change
- Unable to practice personal skills such as cooking, cleaning, wearing appropriate attire
- Difficulty in interacting and socializing with others
- Lack of concentration and inability to finish work
- Difficulties in learning, understanding, and remembering information
- Unable to follow and grasp new instructions
If you are not experiencing any extreme or severe limitations in the above areas, you can provide documents to support the following. They could help you to receive approval of disability benefits:
- Your condition has been persistent for at least two years
- You are undergoing ongoing medical treatment
- Mental health therapy is not helping to improve the condition
- You have the minimum capacity to adapt to new changes
Obtaining benefits for PTSD