Thursday, September 29, 2022

What Qualifies A Person For Disability

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How To Qualify For Ssi Benefits

Can Fibromyalgia Qualify A Person for SSDI Benefits?

You can get Social Security Disability benefits even if you do not have enough work credits to qualify for SSDI. The SSA offers the SSI program to disabled adults and children who have limited financial resources. It is a safety net so that people who cannot work for a living but do not qualify to collect SSDI can pay for essential items, like food, clothing, and shelter.

To qualify, you have to meet the same medical disability standards as a person does for SSDI. In addition, your income must be low, and your countable assets cannot exceed certain limits. Specifically, you could qualify for SSI benefits if:

  • You have a severe illness or injury that meets the benchmarks of the SSAs Listing of Impairments, also called the Blue Book.
  • Your disability prevents you from supporting yourself through gainful employment.
  • You have very little income. This income limit can change every year. In addition, the income limit tends to vary by location because SSI is a joint program of the federal and state governments.
  • Your countable assets do not exceed the SSI limit. This number can also change every year. Your home and the land it is on do not count as assets. Most cars also do not count toward your resources.

You must satisfy all of these elements to be eligible for SSI benefits. If you are struggling to understand the qualifications for SSDI or SSI, our firm can help you navigate these matters and apply for the benefits you may be entitled to because of your medical condition.

Cumulative Effect Of Significant Restrictions

To be eligible for the DTC under cumulative effect, the person needs to meet all of the following criteria:

  • The person is significantly restricted in 2 or more of the basic activities of daily living or in vision and one or more of the basic activities of daily living even with appropriate therapy, medication, and devices.
  • These significant restrictions exist together at least 90% of the time.
  • The cumulative effect of these significant restrictions is equal to being in one basic activity of daily living.

You cannot include the time spent on life-sustaining therapy.

Ada Americans With Disabilities Act

The Americans with Disabilities Act defines a person with a disability as individuals with a physical or mental impairment that substantially limits one or more major life activities.

To break down this definition:

  • The person must have a record and be regarded as having the impairment, which can including having difficulty hearing, seeing, walking, and learning, as well as a loss of physical or mental function
  • Major life activities including activities that are essential to a persons life, such as performing manual tasks.

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How Severe Is Your Disabling Condition

In order to qualify for Social Security Disability, your condition must be severe enough to restrict you from working. It must interfere with basic work related activities, according to the SSA.

Disabled individuals are usually unable to work, or they are unable to complete the tasks they normally would have prior to their disability. If your condition is severe and you are unable to do your job, the Social Security Administration may label you as disabled, and you may qualify for disability.

Can I Get Ssdi Back Pay

When Does a Person Qualify for Long

Yes. Lump sum SSDI back pay is available to claimants who are paid retroactively for those months from the time they became disabled, also known as a disability onset date, and when they applied for SSDI benefits. In addition to SSDI back pay, people who apply for SSI may also receive retroactive benefits as well.

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Special Rules For People Who Are Blind Or Have Low Vision

We consider you to be legally blind under Social Security rules if your vision cannot be corrected to better than 20/200 in your better eye or if your visual field is 20 degrees or less, even with a corrective lens. Many people who meet the legal definition of blindness still have some sight and may be able to read large print and get around without a cane or a guide dog.

If you do not meet the legal definition of blindness, you may still qualify for disability benefits if your vision problems alone or combined with other health problems prevent you from working.

There are a number of special rules for people who are blind that recognize the severe impact of blindness on a person’s ability to work. For example, the monthly earnings limit for people who are blind is generally higher than the limit that applies to non-blind disabled workers.

In 2021, the monthly earnings limit is $2,190.

What Conditions Qualify For Ssd And Ssi

Each year, the federal government issues a release in which they describe the various conditions that would qualify an applicant for SSD or SSI. This is known as the Blue Book. None of what is mentioned there is entirely useful, though. Thats because those with the conditions mentioned in the Blue Book are denied all the time. On the other hand, others with conditions that are not listed may qualify. Technically, the conditions would automatically qualify an applicant for benefits but only if specific criteria are met. Those specific criteria are more important than the condition itself.

Why, then, does the Social Security Administration put out a pamphlet each year regarding conditions that qualify one for disability while granting disability benefits to those who have conditions not listed in the book? Nobody knows. One popular theory? The SSA has a budget that they have to spend in order to get funding for the following year.

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Contact A New York Social Security Lawyer

If you are having symptoms of lupus or have already been diagnosed and your ability to work or earn a living has been diminished, it is imperative that you contact a New York Social Security lawyer right away. Applying for disability benefits can be a long, complicated process and if you inadvertently miss a deadline your claim can be jeopardized. If you have already applied for benefits and were denied, you only have a short window to file an appeal. Call our office at 773-3030 for a complimentary case consultation!

My Condition Is Listed In The Blue Book But My Symptoms Dont Match Entirely

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This happens often. The Blue Book is a guideline for those applying for disability. It might give some helpful information in some instances. Still, those who find that their symptoms match the Blue Book listing exactly will be denied. However, others will qualify for benefits even when they dont have all of the symptoms.

The most important factor that the court will use when granting an applicant benefits is the extent to which the disability prevents the applicant from working.

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Disabilities That Make Waiting In Traditional Line Hard

People can face trouble standing in a long line due to their disability. If your disability creates a barrier for you to wait in lines, then the disability pass is exactly what you need. Many people have some kind of disability that makes their health condition worse if they wait in a long line. DAS is a lifesaver for these people.

What If I Dont Meet The Social Security Administrations Listings Criteria

It is important to remember that even if an individual does not meet the very strict requirements described in the listings an individual with chronic pulmonary hypertension that causes functional limitations may still meet the requirements for disability under the alternate analysis used by the SSA. Most people who apply for Social Security disability are not sick enough to meet the requirements in the listings. These individuals are then evaluated based on the impairments they have as a result of their medical conditions and whether the impairments prevent them from performing any of the work they performed for the 15 years leading up to the date of their disability or any other work they might be qualified to perform based on their age, education, prior work experience and functional limitations.

With the complexities of PAH/PH and the medial limitations they produce, it is important to consult with a doctor to get as much detail about your condition as possible. A consultation with an experienced disability attorney can clarify what your status might be according to the SSA.

We would like to thank our guest writer Charles M. Wilmer for sharing his expertise about PAH and disability.

About Charles M. Wilmer

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How Long Do Medicare Benefits Last For People With Disabilities

As long as youre receiving Social Security disability benefits, your Medicare coverage will continue. In some cases, your Medicare coverage can extend beyond your disability payments.

For example, if you return to work and become ineligible for SSDI, you could stay on Medicare for another eight and a half years93 monthsas long as your disability persists. However, you have to opt in to your employers health plan if they offer one.

In this case, your employer’s health plan would become the primary payer, and Medicare would pay secondary . Unfortunately, if your employer offers only an HSA plan, you wont be able to use Medicare since HSAs and Medicare dont mix.

What Is The Blue Book

Social Security Disability Insurance: Will Your ...

Social Security disability claims examiners will review your claim for benefits due to mental illness using a set of disability listings for mental disorders. This official listing of impairments, referred to as the Blue Book, contain medical conditions that the government categorizes as inherently disabling.

These include:

These conditions are considered disabling. They prevent those afflicted from performing even simple, unskilled work.

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What Qualifies A Person To Be Disabled And Get Long Term Disability

People whose physical, mental, or emotional health makes them unable to work are considered disabled. A long-term disability is generally understood to be a condition that lasts more than 12 months or which is likely to result in death within a year or two.

Some disabilities do not automatically preclude working altogether, such as blindness, deafness, missing limbs, chronic diseases, or partial paralysis. But a condition that would be merely limiting for one person can qualify as a long term disability for another when the condition makes it impossible for the second person to do the jobs for which he or she has the appropriate education, skills, and experience. For instance, losing a leg would not necessarily stop a person from working as a teacher, but it would make a career in roofing no longer viable.

All government programs take the nature of a claimed disability into account along with a consideration of what work a person is capable of doing, has done in the past, and could do in the future.

Social Security Disability Benefits For People With Mental Illnesses

The terms mental illness and mental disorder refer to a wide range of impairmentsincluding autism, bipolar disorder, and depressionthat affect a persons thoughts, feelings, mood, and ability to relate to others, and as a result make it more difficult to cope with the ordinary demands of life. According the National Institute of Mental Health, roughly one in four American adults experiences a mental health disorder each year. While all people are at risk, doctors believe that factors such as genetics, environment and social influences determine a persons propensity to develop a mental illness.

Depending on the nature of the condition, mental illnesses are treated through medication, and psychosocial, behavioral and interpersonal therapies as well as support groups and other community services. Treatment is largely aimed at managing the conditions effects, allowing the person to significantly reduce the illness impact on his or her independence and achievement.

The attorneys at Hermann Law Group LLP represent persons suffering from both mental and physical impairments in claims for Social Security disability benefits. Weve represented thousands of clients in New York, New Jersey and Connecticut over a combined 50 years of experience. Contact our firm toll free at 877-773-3030 for a consultation at no cost to you.

  • Organic mental disorders
  • Substance addition disorders
  • Autistic disorder and other developmental disorders

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Adults Disabled Before Age 22

An adult who has a disability that began before age 22 may be eligible for benefits if a parent is deceased or starts receiving retirement or disability benefits. We consider this a “child’s” benefit because it is paid on a parent’s Social Security earnings record.

The disabled “adult child” including an adopted child, or, in some cases, a stepchild, grandchild, or step grandchild must be unmarried, age 18 or older, have a disability that started before age 22, and meet the definition of disability for adults.

Example

It is not necessary that the disabled “adult child” ever worked. Benefits are paid based on the parent’s earnings record.

  • A disabled “adult child” must not have substantial earnings. The amount of earnings we consider “substantial” increases each year. In 2021, this means working and earning more than $1,310 a month.

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Health Coverage For People With Disabilities

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If you have a disability, you have three options for health coverage through the government.

  • Medicaid provides free or low-cost medical benefits to people with disabilities. Learn about eligibility and how to apply.

  • Medicare provides medical health insurance to people under 65 with certain disabilities and any age with end-stage renal disease . Learn about eligibility, how to apply and coverage.

  • Affordable Care Act Marketplace offers options to people who have a disability, dont qualify for disability benefits, and need health coverage. Learn about the .

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Chronic Obstructive Pulmonary Disease Social Security Disability Cases

Chronic Obstructive Pulmonary Disease is a leading cause of death and illness worldwide, according to the Mayo Clinic. The disease encompasses a number of impairments, including emphysema and chronic asthmatic bronchitis, that block the flow of air as a person inhales, making it increasingly difficult to breathe. Since COPD is often caused by smoking, it can be avoided by not smoking or for current smokers kicking the habit. Lung damage caused by COPD cannot be reversed, however, so treatment typically focuses on controlling symptoms and minimizing additional damage. In other words, COPD means a lifetime of breathing difficulty for those who suffer from it, which limit a persons ability to earn a living as well as his or her daily activities.

Hermann Law Group, PLLC is a full service disability law firm, representing clients in New York, New Jersey and Connecticut who suffer from COPD and other serious diseases in seeking Social Security disability benefits. We have successfully represented thousands of disabled people suffering from COPD in their Social Security disability claims, and we have expertise in understanding the nature of this disease and what information is required to win a COPD disability claim

When Will I Receive My First Ssdi Payment

If the Social Security Disability application is approved, the first benefit will be paid to you for the sixth full month after the date that the disability began.

Monthly disability benefits are wholly based on your lifetime average earnings covered by Social Security. You can receive an estimate here.

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What Is Social Security Disability Insurance

Social Security Disability Insurance pays benefits to people who cannot work because of certain disabilities or medical conditions. SSDI is funded by FICA Social Security payroll taxes. Workers earn SSDI by accumulating enough work credits throughout their working life. In order to qualify for SSDI, a person must be under 65 years old and have a qualifying severe disability as designated by the Social Security Administration .

Also, federal law has a very strict definition of disability that requires the medical condition be one thats expected to last one full year or more, or result in death. Social Security does not grant benefits to people with partial or short-term disabilities.

There is some confusion about the difference between SSDI and SSI , so lets clear up that confusion next.

Were There To Provide Comfort During Difficult Times

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The loss of a loved one can be both emotionally and financially difficult. Some widows, widowers, and children may receive to help them cope with the financial loss. The number of credits needed to provide benefits for survivors depends on the workers age when he or she dies.

Unmarried children who are under age 18 can be eligible to receive Social Security benefits when a parent dies.

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What Counts In The 14

You must dedicate the time for the therapy that is, you have to take time away from your normal, everyday activities to receive it. It includes the time you need to set up a portable device. For example, you may have to dedicate time for chest physiotherapy to ease breathing or need kidney dialysis to filter blood.

If the therapy requires a regular dosage of a medication that needs to be adjusted daily, the time spent on activities directly related to determining the dosage and administering the medication can be counted in the 14 hours per week requirement. For example, time spent on the following activities for insulin therapy:

  • checking blood glucose levels
  • preparing and administering the insulin
  • calibrating necessary equipment
  • testing ketones
  • keeping a log book of blood glucose levels

If a child cannot do the activities related to the therapy because of their age, the time spent by the childs primary caregivers to do and supervise these activities can be counted in the 14 hours per week requirement.

Can I Open An Able Account Even If I Am Not Currently Receiving Supplemental Security Income Or Social Security Disability Insurance

If you are not a recipient of SSI and/or SSDI, but still meet the age of onset disability requirement, you could still be eligible to open an ABLE account if you meet Social Securitys definition and criteria regarding functional limitations and receive a letter of certification from a licensed doctor of medicine or osteopathy, a doctor of dental surgery or dental medicine, and, for some purposes, a doctor of podiatric medicine, a doctor of optometry, or a chiropractor. Please see Sample Disability Certification.

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