Contact Us

Contact Us Today for a FREE Case Evaluation

(800) 608-8881

Blog


Does Getting SSD Benefits Become Easier After 50?
Posted August 08, 2017

Social Security Disability AttorneyWhen a worker reaches the age of 50, it becomes easy for them to qualify for Social Security disability benefits. This is because the Social Security Administration (SSA) takes into account the slow recovery from injuries or illnesses and the difficulty a person may face in shifting to a different type of work. The SSA lowers its qualification requirements as a worker turns 50, and they keep on getting more lenient as they become older.

Special Rules for People Over 50

Your health condition and ability to engage in work you used to do before or perform a different type of work are the major considerations for SSD determinations. With age, both of these factors start declining, which is why older workers are given favorable treatment in the Medical-Vocational Guidelines, commonly known as the Grid Rules. These are the rules that the SSA looks at when evaluating the eligibility of a worker for disability benefits after establishing that you are unable to perform the work you were able to before becoming disabled.

Five different categories have been included in the grid by the SSA based on the functioning capacity or exertional levels of a worker after disability:

1. Sedentary
2. Light
3. Medium
4. Heavy
5. Very heavy

These levels are divided based on the functional capacity and the age bracket of disabled workers. For example, if a worker is between the age of 50 and 54, they may avail SSD benefits even if they can perform sedentary labor. Similarly, if the worker lies in the age bracket of 50 and 59 and can perform light work, they will be eligible to receive the benefits. Those between 60 and 64 can apply for SSD benefit even though they can perform medium work. What is considered as sedentary, light, medium, and heavy work and the requirements for eligibility are all laid out in the Medical-Vocational Guidelines.

Why the SSA provides SSD Benefits Relatively Easily to People Over 50

  • The reason behind it simple: workers belonging to these age groups have only few opportunities to find work other than their respective field. This is due to:
  • Their physical and mental health conditions
  • The fact that a majority of employers are unwilling to hire a person in their 50s or above as they need better compensation, are difficult to train, and likely require more frequent health insurance claims
  • Their job skills may be outdated or not as valuable in the marketplace like they used to before

Considering all of these facts and others, the SSA has made it easier for older workers to qualify for SSD benefits. However, there are still chances that your application may be turned down, even after the special rules are applicable to you. In such situations, you may want to consult an experienced Social Security disability attorney to determine why your application was denied and what your next step should be to avail the benefits.

Harold W. Conick & Associates Ltd has been successfully representing clients for over 30 years to get their rightful benefits. Contact us today at (800) 608-8881 to schedule a consultation with our Social Security disability attorney.

Social Security Disability Benefits for Special Senses/Speech Disabilities
Posted July 20, 2017

Social Security for Special SensesThe Social Security Administration (SSA) has designed Social Security Disability benefits programs that offer aid to people who have become disabled and are unable to earn a living. The criteria for being considered eligible for different kinds of physical impairments and debilitating diseases have been laid out in the Blue Book.

Special senses include hearing and sight. The Blue Book features a list of disorders and impairments related to special senses and loss of speech, and guidelines for determining other disorders that may qualify claimants for SSD benefits. They are covered in Listing 2.00 Special Senses and Speech of the Blue Book.

Evaluation of Special Senses and Speech Impairments by the SSA

It can be difficult to be considered as a disabled individual based on a speech disorder, but it is not impossible. The SSA determines the extent of your speech impairment and its effect on your ability to work based on your ability to communicate with others. Mostly, this consideration is based on whether the speech can be improved and made recognizable using a mechanical device or electronic device for better voice articulation.

For evaluating a person’s ability to hear and distinguish speech, audiometer is used for measuring the degree of hearing loss. It is essential for this device to meet the American National Standards Institute (ANSI) standards to get reliable results. Moreover, an otolaryngologic examination is likely to be conducted by an otolaryngologist or audiologist before conducting a hearing test.

Types of Speech and Special Senses Disorders

  • Loss of visual field: This happens due to impairment of visual field because the outer edge of your vision has been damaged. It may also be a result of distortion in your vision field’s central part. Common causes include optical neuropoathy, retinitis pigmentosa, and glaucoma.
  • Blindness: The SSA defines blindness as a visual impairment of 20/200 or worse, where any reasonable correction attempts have been rendered ineffective. Different tests may be conducted to determine your visual acuity.
  • Loss of visual efficiency: This refers to the loss of visual skills such as color perception, depth perception, and eye focusing speed. If loss of visual efficacy makes it difficult for you to carry out your job duties, you may be eligible to receive benefits.
  • Balance disorders: The vestibular system is the primary organ of balance that is located in the inner ear. If there is a dysfunction in that organ, it may cause balance issues, like vertigo, increasing the risk of falls and injuries.
  • Loss of hearing: If your hearing is at a 90-decibel threshold or higher, have percent or lower in a phonetic test showing word recognition deficiency, you may qualify for SSD benefits for loss of hearing.
  • Loss of speech: This may be a result of any mental or physical impairment.

If you want to make a claim for SSD benefits for special senses and speech related impairments, you should hire an experienced Social Security Disability attorney to help understand the Blue Book eligibility criteria and help you with you case. Contact us today at (800) 608-8881 to schedule a consultation with our Social Security disability attorney.

Social Security Disability Benefits for Chronic Obstructive Pulmonary Disease (COPD)
Posted June 13, 2017

Social Security Disability AttorneyChronic Obstructive Pulmonary Disease (COPD) is a collective term that refers to several lung diseases. It causes damage to your lungs over time, blocks airflow, and creates breathing difficulties. Chronic bronchitis and emphysema are the two most common medical conditions associated with COPD. More than 24 million people suffer from COPD in the United States, of which only 13 million are reported cases, according to the American Lung Association.

There are several symptoms of this disease that make performing daily activities and workplace duties difficult, such as:

  • Chest tightness or discomfort
  • Constant fever and coughing
  • Fainting or dizziness
  • Fatigue or lack of energy
  • Frequent respiratory infections
  • Shortness of breath during physical activity or even when at rest
  • Unintentional weight loss
  • Wheezing

If you or someone you know has been diagnosed with COPD, they can claim Social Security Disability benefits to treat their medical condition. The Social Security Administration (SSA) provides aid to people suffering from COPD through different assistance programs.

Claiming Disability Benefits for COPD

The requirements of getting approved for disability benefits for different kinds of chronic respiratory disorders are laid out in a disability listing formed by the SSA. If you meet those requirements, you will be considered eligible to receive disability benefits. However, if your condition has not become severe enough to fulfill the listing requirements, you may still acquire the benefits by proving that your COPD affects your ability to breathe, making it difficult for you to work at any kind of job.

COPD Disability Listing

It is essential for you to be diagnosed with COPD to be considered eligible for benefits. For this, you will have to get a lung function test done by a consulting medical professional that has been hired by the SSA. The test must show that you have very limited airflow. This can be achieved through one of the following tests:

  • A DLCO test that determines the amount of oxygen passing into the blood
  • A spirometry test that measures your Forced Expiratory Volume (FEV1) value or Forced Vital Capacity (FVC).
  • An oxygen saturation test
  • An ABG test that measures PaO2 and PaCO2 in the bloodstream.

The listing for chronic pulmonary insufficiency by the SSA has different tables that show the ranges of lung function values based on age, gender, and height for the various tests mentioned above. Alternatively, if you have been hospitalized at least three times in the last year due to complications or exacerbations of your COPD, each lasting for 48 hours or more and reoccurring 30 or less days apart, you will qualify for SSD benefits.

If you have been diagnosed with advanced COPD or your condition makes it difficult to breathe while performing your work duties, you should talk to an experienced Social Security attorney and determine your eligibility for Social Security Disability benefits. Harold W. Conick & Associates Ltd has been successfully representing clients for over 30 years to get their rightful benefits. Contact us today at (800) 608-8881 to schedule a consultation with our Social Security disability attorney.

The SSA Listings for Respiratory Disorders
Posted May 15, 2017

Supplemental Security IncomeThe Social Security Administration (SSA) uses the Blue Book to determine the eligibility of a person’s disabling condition, and whether it is a serious enough condition to be considered as a complete disability. This set of guidelines has been divided into several sections that cover different body functions and systems. Respiratory system disorders are covered in the Blue Book’s third section.

When evaluating disability claims pertaining to breathing impairments and respiratory disorders, the SSA takes into account several things, including:

  • The length of period have been diagnosed with the condition
  • The duration it is expected to last
  • The types of treatments available for treating the disease
  • Your response to the treatments that have been conducted so far

If you have filed a claim for receiving Social Security Disability benefits, it is important for you to continue getting treatment for your problem during the process, and follow all prescribed treatments.

Listings for Respiratory Disorders

People that satisfy the eligibility requirements of a disability listing as laid out in the Blue Book are automatically approved for receiving disability benefits. However, meeting the listing requirements for respiratory disorders can be difficult. Here are the three key listings available in the Blue Book for breathing problems:

Chronic Respiratory Disorders: Listing 3.02

The eligibility requirements for Chronic Obstructive Pulmonary Disease (COPD) can be found under listing 3.02. In order to meeting the listing, you must take a spirometry test must show that the FEV1 value is equal or less than a certain amount, which varies with height of an individual.

The second part is for people suffering from chronic restrictive ventilatory disease, which causes the lung volume to decrease, to meet the listing requirements by taking a spirometry test. If the Forced Vital Capacity (FVC) is equal to or less than to the amounts given in Table II of the listing, you will qualify for SSD benefits.

The third part is for people who have problems with the supply of oxygen from the lungs to their blood. Claimants are required to take a DLCO test, which measures the levels of PaO2 and PaCO2 in the bloodstream.

Since the guidelines laid out in listing 3.02 and its tables are technical, you may have to consult your doctor regarding the tests and their results to ensure you meet the requirements.

Asthma: Listing 3.03

The listing requirements for persistent asthma attacks include three times hospitalization due to symptomatic episodes in a year. The attacks must happen at least 30 days apart, despite following prescribed treatment, and the duration of each hospitalization must be at least 48 hours.

Cystic Fibrosis: Listing 3.04

Listing 3.04 has several options for meeting requirements for cystic fibrosis, such as requiring regular hospitalizations or having low value of FEV1 or having low SpO2 levels. Additionally, listing 3.04 also covers pneumonia, pneumoconiosis, emphysema, bronchiectasis, and other lung infections.

Understanding the guidelines of the Blue Book’s listings often times is difficult. If you want to make a claim for Social Security Disability benefits for respiratory disorder, you should talk to an experienced Social Security Disability attorney. Harold W. Conick & Associates Ltd has been successfully representing clients for over 30 years to get their rightful benefits. Contact us today at (800) 608-8881 to schedule a consultation with our Social Security disability attorney.

Page 1 of 5412345...102030...Last »