Category Archives: Social Security Disability Benefits

Social Security Disability

Social Security has an obligation to provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. Compassionate Allowances allow Social Security to identify and pay individuals quickly who suffer with certain conditions. To see which conditions meet the Compassionate Allowance criteria, follow this link http://www.ssa.gov/compassionateallowances/conditions.htm.

Social Security Disability

If you are 50 or older and limited to sedentary or light duty work, it becomes much easier to prove you are disabled and entitled to Social Security Disability benefits. Even if you are a high school graduate with skilled work experience, you may be disabled if your skills are not transferable to other jobs. See Code of Federal Regulations, Appendix 2 to Subpart P of Part 404–Medical-Vocational Guidelines.

Social Security Disability

Some Wounded Warriors and Veterans Who Have a Compensation Rating of 100% P&T are unaware that Social Security may expedite the processing of their disability claims. Veterans are eligible to receive disability insurance and SSI depending on whether they meet the definition of disability, the number of earned credits they have and whether they are engaged in substantial gainful employment. Go to http://ssa.gov/people/veterans/#a0=3 to apply for benefits and learn more.

Fibromyalgia

In 2012, Social Security recognized fibromyalgia as an impairment capable of causing disability. The basic criteria are: 1) a history of wide spread unexplained pain; 2) at least 11 positive tender points; and 3) repeated episodes of six or more symptoms including fatigue, memory problems, depression, anxiety, irritable bowel and poor sleep for which there is no other explanation. See SSR 12-2p.

Appeals Council

Has your Social Security Disability appeal been rejected by the Appeals Council? Did the AC fully explain its decision or merely state that they considered everything and found the ALJ’s decision correct? Case law in the 11th Circuit Court of Appeals and the Northern District of Alabama hold that the AC must consider the whole record and evaluate the evidence. If it does otherwise, then it’s decision is not supported by substantial evidence and must be overturned. See Culver v. Astrue, Case 4; 11-cv-03286-VEH, Northern Dist. AL, and Bowen v. Heckler, 748 F.2d 629 (11th Cir. 1984).

Social Security Benefits

If you are applying for Social Security Disability Insurance benefits and have a pending application for private long-term disability insurance benefits governed by ERISA, you should know that the 11th Circuit Court of Appeals has ruled that the insurance company has to consider the evidence in your Social Security Disability claim before they can make a decision. See Melech v. Life Ins. Co. of N. Am., 739 F.3d 663 (11th Cir. 2014).