Basic Eligibility For Benefits
The SSA must see that you meet basic eligibility requirements before further reviewing your application for benefits. This basic eligibility includes having:
- A formal diagnosis of a potentially disabling condition
- A diagnosed condition that will disable you for 12 months of longer
After the SSA confirms that you meet basic eligibility, they will then move on to review your medical condition in detail and verify that you meet all program requirements for SSDI and/or SSI.
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What Is Sheltered Employment
A sheltered environment is one that provides accommodations or breaks or leniencies due to the veterans service-connected PTSD. These leniencies would include excessive time off or the ability to leave work at will. These breaks would not be given to any other employee. One example of a sheltered environment is a family business. Another example, an employer that accommodates the veteran for his PTSD in ways he would not for other employees. Additionally, if an employer created a job for the veteran that would not be filled when the veteran left.
Dyslexia Alone Rarely Qualifies Someone For Disability Benefits
By Aaron Hotfelder, J.D., University of Missouri School of Law
Dyslexia is a type of learning disability that causes problems with reading, writing, and occasionally speaking. It is the most common learning disability among children, and its symptoms, especially if left untreated, often persist into adulthood.
Dyslexia covers a wide array of reading-related difficulties, including the following:
- problems “sounding out” words
- slow reading or reading below one’s grade level
- problems comprehending what one has read, and
- trouble detecting the differences between letters and words.
Dyslexia is not associated with below-average intelligence and people with dyslexia generally don’t have any problems socializing or interacting with others, although, depending on its severity, dyslexia can negatively impact a person’s self-esteem or motivation. Dyslexic children have a higher risk of attention-deficit hyperactivity disorder , which can result in behavioral problems at school.
In determining whether dyslexia is present, a doctor will consider a person’s developmental and educational history, from grades to standardized test scores to reports from teachers and family members. Reading, writing, and psychological tests will often be given.
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What Counts As A Disability
There isnt one standard definition for a disability that applies across the board here.
Its all plan- or policy-specific, says Chicago-based attorney Michael Bartolic, whose firm focuses on employee benefits and deferred compensation. As a general observation, its any sort of injury or illness that renders one unable to do their job.
That could include things like childbirth, a major surgery with a long recovery period, an illness that requires frequent treatment, or an injury sustained in some sort of accident. Bartolic explains that the best thing to do is to check your plan documents, as the definition of disability should be clearly spelled out there.
How To Track Your Stimulus Check
The IRS said Tuesday the Get My Payment tool on the agencys website wont be updated until the weekend of April 3-4, so federal beneficiaries will have to wait until at least then to check on the status of their payments. VA benefit recipients may have to wait until at least mid-April to use the tool.
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Receiving Social Security Payments
Social Security benefits are only paid out electronically you will not receive a Social Security check in the mail. You can either receive a direct deposit into your bank account or opt for a prepaid debit card. When you apply to receive your Social Security benefits, you will have the chance to provide your account number and the routing number of your bank or credit union.
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Illiteracy And Social Security’s Grid Rules
Occasionally people with severe cases of dyslexia may be unable to read or write at all. According to SSA’s grid rules, those who are illiterate and suffer from an additional physical impairment may be eligible for benefits, assuming all of the following conditions are satisfied:
- The applicant must be at least 45 years old.
- The applicant’s past jobs must have been “unskilled”, and
- The applicant’s RFC must be limit him or her to “sedentary” work due to a severe physical impairment.
For illiterate people over 50, their physical impairment must limit them to at least “light” work, again with a work history of unskilled work.
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About Post Traumatic Stress Disorder
As stated above, Post Traumatic Stress Disorder once known as shell shock or battle fatigue syndrome, is a serious mental disorder that develops after an individual experiences or witnesses a horrific event. PTSD is the lasting repercussion of a traumatic experience in which serious physical and/or mental harm occurred. Such events include war combat, sexual abuse, natural disasters, witnessing a murder etc.
It is good to keep in mind that most people experience a traumatic event during their lifetime that can cause shock, fear, or guilt. However, this does not mean they have PTSD as these reactions are normal and will go away with time. It is much different for someone with PTSD because the feelings do not go away and actually tend to get much worse. The symptoms can become so bad that it interferes with a persons activities of daily living and occupation.
The symptoms of PTSD are grouped into three categories:
Intrusive or Re-experiencing Symptoms:
- Reoccurring, undesired memories of the horrific event
- Flashbacks or reliving the event as though it was happening again
- Nightmares and disturbing dreams about the event
- Emotional and physical distress to anything that reminds the person of the event
- Individual attempts to avoid talking or thinking about the event
- Individual avoids people, places and activities that remind them of the event
- Detachment and isolation from friends and family
You Have Sufficient Medical Evidence
We cannot emphasize enough how important medical evidence is in disability claims. The SSA uses it to gauge if you really are disabled. If the medical evidence you have does not sufficiently prove your disability, youll most likely get denied.
But choosing which medical evidence to submit can be tricky. For one, you only need to turn in the relevant ones. Like if your disability has something to do with your shoulder, you dont have to submit your dental records.
If you have a disability lawyer, getting the necessary medical evidence wont be such a headache. Through experience, they already know what the SSA wants to see and how to make them see it. They can talk to your doctors and get the medical evidence you need.
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What Are Your Options If Your Short
The first thing to do is to carefully read the correspondence thats saying its not being approved, advises Bartolic. That will tell the person a lot, and will tell them what to do if they disagree with the decision.
Most disability plans in America are covered under the Employee Retirement Income Security Act , which means claims are reviewed through the lens of this federal law.
If your plan is covered by ERISA, the law requires that the denied individual be presented with a right to appeal that decision. Its a mandatory feature of it, explains McDonald. That period of appeal is 180 days. During that time, you have perhaps your single best opportunity to give evidence to the insurer or plan administrator about why theyre wrong and why youre entitled to those benefits.
If you go through the appeal process and still are unable to convince them of your disability, then unfortunately youll have to initiate a lawsuit.
Being Found Disabled Without Meeting The Developmental Listing
For a person to be considered disabled without meeting the above listing, he or she must be considered unable to perform any of his or her prior jobs or any other full-time job that exists in the U.S. because of a severe impairment. It is extraordinarily difficult, if not impossible, to receive disability benefits based solely on a diagnosis of dyslexia. That is because people with dyslexia, despite their struggles with reading and writing, are generally able to perform the vast majority of tasks related to performing full-time work. They are usually able to deal well with others, maintain focus and concentration, follow directions, and perform most other work-related tasks. Their symptoms are not the sort that would require them to miss work or take unscheduled breaks.
A person’s chances for receiving disability benefits improve if he or she has another mental or physical impairment that, when combined with dyslexia, prevents full-time work. For example, if an applicant suffers from both ADHD and dyslexia, Social Security would consider the combined impact of both of those impairments, and the applicant would be likely to have multiple limitations. For that reason, people filing for disability benefits should list all of their physical and mental impairments, not just the most important or the most severe.
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Social Security Disability And Stimulus Check Faqs
Many people who are collecting Social Security Disability have questions about if and when they will receive a second stimulus check. Other SSDI recipients may never have received their first stimulus check.
In this article the experienced Orange County Social Security Disability attorneys at Cantrell Green answer some of our SSD recipients frequently asked questions about the second stimulus check as well as how to make a claim for last years stimulus payment if you did not receive one.
Persons With Disabilities Designation Application
Contact us to request an application. It has three sections:
- You fill out the applicant portion
- Your doctor or nurse practitioner fills out the medical report portion
- A prescribed professional fills out the assessor report portion. For example, this could be a doctor, registered nurse or social worker
After you submit your application, well review it. Well let you know if you meet the eligibility criteria for the PWD designation.
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Combined 100 Percent Va Disability Rating For Ptsd & Other Conditions
- Anxiety:PTSD is often linked to anxiety. If you are applying for PTSD and have anxiety, dont forget to include your anxiety as a service-connected condition.
- Bipolar Disorder:Many veterans with PTSD also suffer from bipolar disorder. Studies have shown there is a link between the two conditions.
- Depression:Depression often stems from PTSD. Many veterans cannot live their lives as they did before PTSD and that can cause depression. There are many other ways depression and PTSD are linked to each other.
- Major Depressive Disorder:Veterans with a diagnosis of PTSD and major depressive disorder can often link both mental conditions to the same traumatic event.
- Military Sexual Trauma :The number of veterans who were subject to sexual trauma is shocking! PTSD can relate back to a traumatic sexual event. These two conditions are very closely intertwined.
- Schizophrenia:A very large number of veterans with PTSD also have a diagnosis of schizophrenia. The PTSD stressor event that is responsible for your PTSD may also be a trigger for your schizophrenia.
- Sleep Disorders: PTSD is regularly linked to sleep disorders that can seriously affect veterans lives. There are many different sleep disorders that may be related to your PTSD.
Calculating Your Ssi Payment
Here is an example of how the SSA takes into account your income in calculating your SSI payment. Let’s say Maria makes $625 per month from a part-time job, before taxes. Because the SSA won’t count the first $20 of any income per month, or the first $65 of earnings, this leaves Maria’s countable income at $540 . Finally, the SSA doesn’t count half of Maria’s remaining earnings, or $270 in Maria’s case. So, out of the $623, the SSA only counts $270 as countable income and will subtract $270 from Maria’s SSI payment. Maria’s monthly payment will be $524 .
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What Is An Automatic 50 Ptsd Rating
There is a confusing VA disability policy that can explain why so many veterans think that the VA offers an automatic 50 percent rating for PTSD. According to VA Policy , an automatic disability rating of 50% will be granted to veterans with PTSD, but only for those veterans who must be discharged from military service because their PTSD impacts their ability to perform their job duties effectively.
However, this rating only lasts for six months, and only applies to a small number of veterans. After six months, the VA will schedule an exam to re-evaluate the veterans condition. At that point, the VA will schedule an examination to determine whether or not the veteran will continue to receive a 50 percent disability rating for their PTSD.
It is possible to get a 50 percent disability rating for PTSD, but there is no automatic rating for any condition, and no automatic disability rating that applies to all veterans. Veterans with PTSD can receive a rating as low as zero percent for the condition. While PTSD is a common condition for veterans, it is not considered a presumptive condition one that is directly caused by military service. A veterans disability rating for PTSD depends on their specific situation, as well as how severe their symptoms are.
Contact A Skilled Va Attorney For Help Today
If you wish to have your case reviewed by an experienced attorney on our team, simply complete our case evaluation form or give our office a call for a free consultation. A veterans disability lawyer can review your case and help you fight for the maximum disability benefits the VA will allow you to claim. We can also help you appeal the VAs prior decision if we decide it is in your best interests to do so.
Can You Get Disability For Being Obese
The SSA has a book which contains a list of medical conditions which automatically qualify for disability benefits. This book is called as the Blue Book and if a claimant has a condition which is a part of this Blue Book then the claimant automatically qualifies for disability benefits provided he meets those requirements listed in the blue book.
Additionally, the SSA will see how obesity of the claimant worsens the claimants ability to function with all the inherent impairments that Obesity brings along with it. The SSA will also see if the Obesity along with the other impairments causes significant functional limitations to grant Disability Benefits for Obesity.
Benefits Of Having Legal Representation
When applying for SSD benefits, knowledgeable and experienced legal representation can be invaluable. An attorney may be able to help by:
- Increasing the likelihood of first-round approval. An attorney can help you complete your application in a way that clearly demonstrates your disability, as well as gather helpful supporting documentation from your doctor. Also, if your disability is terminal, your attorney may be able to help you get expedited payment.
- Helping you get approval after an application is denied. If your original application is denied, an attorney may be able to help you pursue a favorable on the record decision by gathering additional medical information requested by the Social Security Administration , drafting a brief that clearly shows why your case meets the requirements for SSD benefits, and relaying the merits of your case to the Attorney Adjudicator.
- Representing you at an Administrative Law Judge hearing. If the SSA denies your OTR decision, your case will be sent before an ALJ for a hearing. An attorney can prepare you for questions you’ll be asked during the hearing and choose the right witnesses to help your case.
Note that an experienced disability attorney can also help you pursue Supplemental Security Income benefits.
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What Is Social Security Disability
Social Security is a federal government program that provides financial benefits to people who are in need. It is funded by federal taxes, and its benefits are paid out to people who are eligible for retirement, have low income, or are unable to work because of specific health conditions.
There are two types of Social Security programs that help people who are disabled:
Supplemental Security Income pays benefits if you are elderly, blind, or disabled and have little or no income.
Social Security Disability Insurance pays benefits if you are disabled and currently unable to work, but have worked in the past and paid into Social Security.
There are a number of different impairments that qualify for Social Security disability. They include medical conditions like cardiovascular, respiratory, and endocrine disorders, as well as mental health conditions like schizophrenia, autism spectrum disorder, bipolar disorder, and depression.
Waiting For Benefits Payments After Approval
If you got a letter from the Social Security Administration notifying you that your application for SSD was approved, you may be wondering when your first benefits check will arrive.
According to the SSA, once your application is approved, it can take six months from the approval date for you to receive your first payment. However, in our experience, the SSA usually processes your benefits much faster than that. Delays can occasionally occur, however. For example, if you received Workers Compensation for an injury, you will need to submit your documentation to the SSA for review, which can delay the arrival of your first SSD payment.
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