Monday, December 4, 2023

What Do You Do To Get Disability

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Appeal The Decision With An Attorney

What should you do when you get to your disability hearing

When your reconsideration review is denied, enlist the help of an attorney to further appeal your case. The next step in the process is to request a disability hearing.

You must request the hearing within 60 days of your latest decision notice. For your disability hearing, youre required to turn in additional evidence proving your eligibility.

Then you wait for a hearing date. This can take longer than a year to receive, so patience is important. During this time, keep collecting medical evidence by continuing to see your doctors and following their medical advice.

When you receive your hearing date, you and your attorney will have at least 75 additional days to prepare your case. Some people wait until this point to actually hire the attorney ;that choice is up to you.

At the hearing, a judge will hear all the evidence provided by you and the social security evidence. Youll then receive the judges decision a few months later. If denied, you have two more chances to appeal.

If all appeals fail, you can file a federal lawsuit. But as youve probably gathered, this whole process takes an extremely long time ;a long time that youre not receiving an income. This is why many people seek alternatives, like workers compensation.

Social Security Disability Evaluation Process

While there are some conditions that the Social Security Administration considers so severe that they automatically render an applicant disabled, many conditions require careful screening, including answering these five questions:

  • Are you currently working?;If you are working, you are not blind, and your earnings average more than $1,310 per month in 2021, then you will not be considered disabled. If you are not working, or if your income falls below;Substantial Gainful Activity limits, move on to question two.
  • Is your condition severe?;If Social Security determines that your condition does not interfere with basic work-related activities, then you will not be considered disabled.;If your condition does interfere with basic work-related activities, move on to question three.
  • Is your condition found in the list of disabling conditions?;Social Security maintains a;list of disabling medical conditions;that automatically qualify you as disabled. If your condition is not one of these, then Social Security will determine if it is severe enough to qualify.;If so, you will be considered disabled, and your application will be approved. If not, move on to question four.
  • Can you do the work you did previously?;If your condition does not interfere with your ability to do the work that you used to do, then you will not be considered disabled. If it does, move on to question five.
  • In addition, qualifying conditions must be expected to last at least one year or result in death.

    How Do You Get Disability For Listed Medical Conditions

    If your disability is listed in Social Security’s Listing of Impairments, the first step is to get a diagnosis of the condition from your doctor. A mere diagnosis will get you an automatic disability approval for only a few conditions, however, like ALS, an organ transplant, or certain serious cancers, such as esophageal cancer, mucosal melanoma, anaplastic carcinoma of the thyroid gland, or small-cell carcinoma . For all other conditions, the next step is to determine if your medical condition meets the specific criteria for that condition. The listing requirements are often quite complex; our illness-specific articles simplify the medical criteria in the listings so that you can understand whether your condition will qualify for disability.

    If you haven’t had the clinical or laboratory tests required in the listing, you can ask your doctor to perform them. Or you can wait for the SSA to pay for a consultative exam, but this makes your claim take longer. It’s generally better if the test results are already in your medical record before you apply. Then you can check to see if your test results meet the requirements of the listing, and if they match the criteria or are close, you can apply for disability.

    Recommended Reading: Is Borderline Personality Disorder A Disability

    Am I Eligible For Disability Insurance Benefits

    Disability Insurance provides short-term wage replacement benefits to eligible California workers.

    You may be eligible for DI if you are unable to work and are losing wages because of your own non-work-related illness, injury, or pregnancy.

    In order to be eligible for DI benefits, you must:

    • Be unable to do your regular or customary work for at least eight days.
    • Have lost wages because of your disability.
    • Be employed or actively looking for work at the time your disability begins.
    • Have earned at least $300 from which State Disability Insurance deductions were withheld during your base period. Learn more with Calculating Benefit Payment Amounts.
    • Be under the care and treatment of a licensed physician/practitioner or accredited religious practitioner within the first eight days of your disability. The date your claim begins can be adjusted if it does not meet this requirement. You must remain under care and treatment to continue receiving benefits.
    • Complete and submit your Claim for Disability Insurance Benefits no earlier than nine days after your first day of disability begins but no later than 49 days, or you may lose benefits.
    • Have your physician/practitioner complete the medical certification portion of your disability claim.
    • A nurse practitioner may certify to a disability within their scope of practice.
    • A licensed midwife, nurse-midwife, or nurse practitioner may complete the medical certification for disabilities related to normal pregnancy or childbirth.

    Streamline Your Application Process

    How long do you have to be disabled before you can get ...

    The application process will depend on what kind of Short Term Disability coverage you have and your insurers requirements. If your benefits plan includes services from a third-party disability management service like DMI, ensure you are utilizing their expertise to help you along the way.

    If you are applying for short term disability coverage, you want to focus on your treatment and recovery. To get your claims experience started right, our partners at DMI offer their advice to get things going in the right direction:

    • Fill out application forms in their entirety. Your application for benefits will be based primarily on the accuracy and comprehensiveness of the information that you provide, so double checking or having a close friend or family member look over your application form for any missing information can save you valuable time and energy.
    • Ensure your doctor, treatment team or specialist fills out the appropriate paperwork and provides the clinical records relating to your claims. This is the information your insurer will use to adjudicate your claim for benefits.
    • You will need to provide a clear and legible copy of one of the following documents: birth certificate, drivers license, or a government-issued passport.
    • Other information you may need to include is your SIN number, banking information for direct deposit, an up-to-date mailing address, as well as your employers address.

    Recommended Reading: How To Get A Disability Rating

    Five Things To Know About Getting Disability For Mental Illness

    A severe mental illness can be incapacitating, making it impossible to work. Bouts of illness, concentration problems, difficulty communicating, medical appointments, and unplanned absences can make getting and keeping a job extremely difficult.

    With no work and no steady source of income, thousands of people with mental health conditions apply each year for Social Security Disability benefits in hopes of receiving a monthly check.

    If only it were that easy.

    The reality is that getting Disability for mental illness can be challenging and requires more effort than filling out a few forms. Because mental illness is a hidden or invisible condition and is often subjective in nature, it can be among the most difficult Disability claims to prove. Still, it is not impossible and it is worth the effort.

    A good starting point is to take some time to understand how the Social Security Administration handles these types of cases. Heres a crash-course on mental disorder Disability claims, complete with five things you should know:

    If your condition does not meet the criteria of a Blue Book listing, but you can prove that your mental illness prevents you from working any job, you could still qualify for benefits. The Social Security Administration will determine whether or not you are able to work any job by evaluating your work history, age, and physical and mental capabilities.

    Provincial Disability Benefits Or Income Support Programs

    Each province in Canada has its own disability income program for eligible residents. These provincial disability income programs are part of the social safety net and are usually the last option if you dont qualify for any other form of disability income. ;Provincial disability support programs are based on both disability and financial criteria. In other words, you can only qualify for provincial disability support income if your personal and family income and assets fall below certain levels. Therefore, even though you are unable to work due to disability, you may not qualify for provincial disability support income if a family member has income, or if you have equity in your home, RRSPs, savings, etc.

    Read Also: What Does Pending Processing Mean For Disability

    Why Ssdi Requires Work Credits

    As the acronym indicates, SSDI is an insurance program. You pay the premiums through the Social Security deductions that your boss takes out of your paycheck and sends to the government on your behalf. That money helps to fund the monthly Social Security disability and retirement checks that people receive.

    The source of funding for SSI benefits, on the other hand, is general revenues, like income taxes and additional money that the government collects. Because SSI does not use payroll deductions for Social Security taxes as its source of funding, you do not have to pay into the system and accumulate work credits to be eligible for these benefits.

    Musculoskeletal System And Connective Tissue

    Why Does It Take So Long To Get SSDI Benefits? | Citizens Disability

    The SSA reports that the largest category of diagnoses among disabled workers receiving disability benefits was diseases of the musculoskeletal system and connective tissue. These disabilities, which represented 32.3 percent of the diagnoses, involve damage to ones nerves, muscles, tendons or ligaments. Examples of this type of disorder include:

    • ArthritisAn individual with rheumatoid arthritis, a disorder of the immune system, must experience significant limits on his or her ability to work to qualify for benefits under this medical diagnosis. Rheumatoid arthritis is sometimes referred to as a connective tissue disorder.
    • Back pain;Abnormal curvature of the spine may affect an individuals ability to walk as well as the function of other body systems. The intensity of back pain and the limitations on an individuals ability to function are considered in a disability diagnosis related to back pain.
    • FibromyalgiaFibromyalgia is a complex syndrome in which a person has widespread pain in the joints, tendons, muscles and soft tissues that lasts for more than three months. Claims reviewers will try to assess whether there is adequate evidence to show that the condition limits a persons ability to perform any type of gainful work.
    • Reflex Sympathetic Dystrophy; RSD describes a range of symptoms that may occur from injury, diseases or surgery. RSD is characterized by intense burning or aching pain typically caused by trauma to a single extremity.

    Recommended Reading: Can You Get An Advance On Va Disability

    Understand Your Short Term Disability Coverage

    Before you apply for Short Term Disability, its important that you understand your insurance coverage. If you are offered group disability coverage through your employer, contact your Plan The administrator or Human Resource staff to help understand the extent of the coverage, or consult your benefits booklet. In case your employer does provide this coverage, you will be required to make your claim through the group plan.

    Although your employer does not offer short term disability coverage as part of their group plan, you may be eligible for Employment Insurance benefits. For more information on whether you qualify for EI, check out the government of Canadas website here.

    Other elements of your coverage that are important to understanding are your coverage amounts, which relate to how much benefit you will receive and how often. You will also want to know when you will start receiving the benefit if the benefit is taxable, and if your plan covers the third party claims management service like the Disability Management Institute as do most plans at GroupHEALTH.

    How Much Will You Get Paid When You Take Short

    When you take advantage of your short-term disability benefit, your time off is paidbut that doesnt necessarily mean youll be getting your full paycheck.

    The amount youll earn is dependent on your specific plan. Some plans offer full salary replacement, but most dont. Instead, they offer a percentage of compensation with a dollar amount cap.

    There are also programs that award you different amounts based on your longevity with the company, says McDonald. If you are there for 10 years and have a 26-week disability period, you might get three months at 100% and then three months at 50%.

    If you live in one of the five states where short-term disability benefits are mandated, then the amount youll be compensated will be regulated as well.

    Recommended Reading: Why Is There A 5 Month Waiting Period For Disability

    Answer A Few Short Questions And We’ll Outline Your Chances Of Getting Approved For Ssdi Or Ssi Disability Benefits

    When you apply for disability benefits, Social Security will want to know the answers to some key questions to determine if you are eligible for disability. Here are some of the essential inquiries Social Security will make and why they matter; read on to find out if you should apply for disability and if you can get disability.

    Tips For Finding Help And Support

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    Nurture the important relationships in your life. Now, more than ever, staying connected is important. Spending time with family and friends will help you stay positive, healthy, and hopeful. Sometimes, you may need a shoulder to cry on or someone to vent to. But dont discount the importance of setting aside your disability from time to time and simply having fun.

    Joining a disability support group. One of the best ways to combat loneliness and isolation is to participate in a support group for people dealing with similar challenges. Youll quickly realize youre not alone. Just that realization goes a long way. Youll also benefit from the collective wisdom of the group. Support groups are a great place to share struggles, solutions, and encouragement.

    Accepting help doesnt make you weak. Refusing to seek out needed assistance can delay your progress or make you worse, either physically or emotionally. Let go of the fear that asking for support will inspire pity. Allow the people who care about you to pitch in. Not only will you benefit, it will also make them feel better.

    Consider talking to a mental health professional. Having someone to talk to about what youre going through can make a huge difference. While loved ones can provide great support in this way, you may also want to consider talking to a therapist. The right therapist can help you process the changes youre facing, work through your grief, and reframe your outlook in a more positive, realistic way.

    Also Check: How To Apply For Short Term Disability In Az

    What Evidence Do You Have To Provide To Collect Short

    Your physician will need to sign off on your claim form before you even submit your application, to vouch for the fact that your injury or illness prevents you from working.

    After you submit your claim, your employer or the insurance company who administers your short-term disability plan will request that you submit your medical records so that they can review them and verify that theyre consistent with your disability claim. Contact your healthcare providers office to find out the best way to send those records over.

    It can feel a little invasive to hand over these types of private documents, but know that its a standard part of the benefits process.

    Do You Have A Medical Condition That Prevents You From Being Able To Work For A Year Or More

    Social Security and SSI disability benefits are reserved for people who have severe medical conditions that make it impossible for them to work for at least 12 months. To be eligible for disability, you either have to have not done a significant amount of work for a year OR you must be expected to not be able to work a significant amount for at least a year. . For more information, read about how long you have to be disabled before you can get disability benefits.

    If you’ve been off work for just a month or two when you apply, Social Security might deny your claim initially to see whether your impairment continues to keep you from working long term or if it improves. The same goes for medical conditions that involve impairments that are often temporary, such as having a broken leg, recovering from hip surgery, or suffering from whiplash after a car accident. If you apply based on one of these conditions, Social Security may quickly deny you; if you appeal, Social Security will review your case and could approve you if you are still unable to work.

    Recommended Reading: How Long Can You Collect Temporary Disability In Nj

    Not Being Descriptive Enough

    Dont assume a diagnosis for a certain medical condition will be enough to qualify for the Disability Tax Credit. Rather, the Canada Revenue Agency wants to know how the disability or medical condition affects ones ability to perform basic activities of daily living .

    Weve seen applications that fail to connect ones disability with BADLs these applications often get declined.

    Case in point, one application that passed our hands simply described chronic leg pain. When we interviewed this client thoroughly, we discovered his leg pain prevented him from walking more than 20 metres and advised him to tell your doctor exactly what you told us just now.

    Our recommendation to anyone: description is key for your DTC applications success.

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