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Social Security approved me for disability benefits, now what?

Social Security Disability Insurance and Social Security Insurance are the two benefit programs that a disabled person can submit a claim for. While both benefit programs are for disabled individuals, they slightly differ in the requirements. Social Security Insurance(SSI) are for individuals who have not worked but are disabled and have little to no income or resources. Social Security Disability Insurance(SSDI) are for individuals that paid FICA taxes over many years. So for this program, you do not need to meet income limits in order to qualify. A finding of disability and the required work earnings are sufficient.

It may have been a long and frustrating road to get to this point but you are finally here. Your decision, may it be fully or partially favorable is now a reality. You are given back your independence and now know that you will have the ability to pay bills and buy the things that you need. Now, you’re wondering how long will it take to get your money. Unfortunately, you may have to wait another 1-3 months before you receive your first payment.

Social Security Supplemental Income(SSSI) will consider your resources such as spousal income, cash, bank accounts, stocks personal property, vehicles, life insurance, and anything that can be exchanged for cash. Social Security Disability Insurance(SSDI) will consider other employment or disability money received during the time your claim was pending such as, unemployment benefits, workers’ compensation, or long term or short term disability payments. Social Security will have to verify all sources of income before sending you your first check. However, being upfront and having these documents readily available could be of benefit in terms of speeding up this process.

 

For more information, please contact the attorneys at Hoglund, Chwialkowski, & Mrozik PLLC.

By Shana Knotts

Social Security Disability and Self-Employment

When Social Security receives a claim for disability benefits, the first question is whether the claimant performed Substantial Gainful Activity (SGA) during the alleged period of disability. If so, the claimant is ineligible for benefits during that time. SGA is generally defined as “work that involves doing significant and productive physical or mental duties, and is done (or intended) for pay or profit.” 20 CFR § 404.1510. Each year Social Security formulates a dollar amount that is used as the benchmark for SGA. In 2016 the amount is $1,130 per month and in 2015 it was $1,090. If this amount is or was exceeded, the earnings are presumed to be SGA. Gross earnings through employment can be easily compared to these benchmarks, but earnings through self-employment require further analysis.

The applicable rules are located in sections 404.1080 through 404.1096 and Social Security Ruling 83-34. The ruling should be consulted first for a general overview. Social Security may find that self-employment constitutes SGA under one of three tests:

  1. Under the Significant Services and Substantial Income test, both elements must be met. The significant services element is met if the claimant is a sole proprietor or, if not, performing more than half of the duties of the business or more than 45 hours per month of work. For a farm landlord, the question is whether he or she “materially participates,” not through an agent. The substantial income element is met if the claimant’s average monthly net income (countable earnings) reaches the benchmark amount; if the claimant’s livelihood derived from the business is the same as before he or she became disabled, or; if the claimant’s income is comparable to that of unimpaired individuals in a same or similar business in that community. If this test is not met, Social Security proceeds to the next two tests.
  2. Under the Comparability of Work test, the work is SGA if it is comparable in all relevant factors to that of unimpaired individuals in a same or similar business in the same community. Relevant factors include hours, skills, energy output, efficiency, duties and responsibilities.
  3. Under the Worth of Work test, the work is SGA, even if it is not comparable, if it is clearly worth more than the SGA benchmark amount when considered in terms of its value to the business or when compared to the salary an owner would pay to an employee for such duties in that business setting.

 

This is a general overview and the authorities cited above should be consulted for each individual situation. There are several additional details and nuances further explained in these sources. If your claim for Social Security Disability involves self-employment earnings, consider enlisting the help of a good attorney to interpret these rules and persuade social security that they operate in your favor.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Social Security Benefits cut off for Nazi Holocaust Perpetrators

In October 2014, Congresswoman Carolyn B. Maloney (D-NY) and Congressman Leonard Lance (R-NJ) announced their support of a bill to terminate the Social Security benefits along with any other federal benefits of Nazi war criminals. The No Social Security for Nazis Act was introduced to Congress by Congressman Sam Jonson (R-TX), in mid-November. It was passed by the House of Representatives December 2, 2014 and the Senate on December 4, 2014, unanimously by both. The President signed it into law December 18, 2014.

The Act closes a loophole allowing Nazi Holocaust perpetrators to collect millions in Social Security benefits. The loophole existed because rather than going through formal deportation proceedings which would cut off federal benefits, they voluntarily renounced their citizenship in a settlement with the Attorney General related to participating in Nazi persecution. Before this act, US law mandated a “final order of deportation” before federal benefits were terminated.

According to the Associated Press, since 1979, 38 of 66 suspects removed from the United States kept their Social Security benefits. While the Justice Department denies using the tactic to expel Nazi perpetrators from the US, the AP reported that it was likely used that way. The perpetrators benefits would continue if they signed a settlement agreement with the Justice Department or fled before deportation proceeding were completed. They would be expelled quickly to a country that could prosecute them for their crimes. https://goo.gl/xEFB3F

The Act also, ensures that Nazi war criminals cannot receive spousal benefits, due to a marriage to a Social Security beneficiary. A spouse may receive benefits, even if he or she has not worked, if the person is at least 62 years of age and you are receiving or are eligible for retirement or disability benefits. https://goo.gl/Sa3CBp

The Attorney General must certify to the Ways and Means Committee and the Finance Committee of Congress that Social Security has been notified of all those that this criteria. The Commissioner of Social Security Administration must certify to the Ways and Means and Finance Committees that benefits were terminated. You can see the full Act here: https://goo.gl/cC5RbS

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Social Security Disability and Cystic Fibrosis

Recently, I represented a 10-year-old girl diagnosed with cystic fibrosis. According to the Mayo Clinic, cystic fibrosis is a “life-threatening disorder that causes severe damage to the lungs and digestive system…it affects the cells that produce the mucus, sweat, and digestive juices.”1 My client battled with breathing, producing phlegm, maintaining her weight, and staying healthy among other symptoms. In addition, she requires numerous daily breathing treatments that take her out of the classroom and away from her studies. Her condition and symptoms could result in her being found disabled.

In my client’s claim, and in all claims, Social Security will look at the medical evidence to determine the impairments and the severity of the impairments. There are three arguments that could be made for my client: one, she meet’s listing 103.04 (Cystic Fibrosis Listing), which is that she meets the very specific criteria to be approved; two, that is she is markedly impaired under at least two of six domains; or three, she is extremely impaired in one domain.

Since my client’s medical evidence did not support the required evidence of a listing, we argued that she marked in two domains. Specifically, we argued she was marked in domains two: attending and completing tasks and six: health and physical well-being. In domain two, the child is out of the classroom three times a day receiving breathing treatments. In addition, whenever she has an breathing attack and required further treatment she again is outside the classroom; this occurs at least one or two more times a week. The client is unable to participate in any physical activities and is not learning in those settings. She is continually falling behind in her school work due to nurse visits, not being able to participate, and absences. In domain six, this child had numerous visits to the school nurse, she has been to the emergency room countless times, had pneumonia in the last six months and in the period of her filing date had three hospitalizations. The doctors were concerned with her ability to thrive and grow. The medical records did strongly reflect this child’s struggle with her health.

Due to the severity cystic fibrosis has on a child’s life, seeking disability is warranted.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Social Security Consultative Examinations. What is the Purpose?

When you filed a claim for Social Security Disability did you think that you might have to see one of Social Security’s doctors? Well many people have asked just that question and have been surprised by the array of answers that have come from this simple question. I will address the reasons that you might be asked to go to a consultative exam. Just a side note, Social Security Consultative exams (CE) come in two flavors. The physical CE and the psychological CE.

Some people have asked, why they would need to see a Social Security doctor if Social Security already has their medical records. Does that mean that they do not believe my doctor? Usually if they have asked you to go to a physical consultative exam, it is more than likely that they needed further medical assistance in making a decision on your claim. It could be that the medical records were not clear enough to make a decision. You can help here! By letting your doctor know at each visit what is still ailing you. Along with what has gotten better or worse pertaining to your disabilities. Like painting a picture of your disability, if you will. It is not that Social Security does not believe your doctor, it has more to do with the medical records they received from your doctor not being a clear picture of the disability you have claimed.

Another question that arises often when it comes to Consultative Exams is why a claimant might be asked to go to a Psychological CE when the disabilities they are claiming are all physical? Some of the reasons that Social Security psychological CE may be requested of the claimant are if one of the medications you are currently taking is usually prescribed for a psychological ailment. Or if you have memory issues, have suffered a traumatic brain injury (TBI), or if there is mention in your medical records that you suffer from anxiety. This is not a complete list of reasons for a psychological exam to be requested of you but, you can get an idea of why it might happen to you.

If you have wondered if you must to go to this exam and if so, who is paying for it? The answer to the first part is that it is in your best interest to go to the exams that Social Security requests you to attend and if Social Security has requested that you go, then they will be picking up the tab for the exam. It should also be noted that, just because you have gone an exam that Social Security requested you still need to continue treatment with your own doctors throughout the Social Security process. The Social Security doctors are for further clarification of your disabilities. Where your doctor’s are for continuous treatment of those disabilities.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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I suffer from Toxic Megacolon. Can I get Social Security Benefits?

As with any condition or disability, the answer is, it depends. Each condition and situation is different and so the severity, treatment, and complicating factors compared to the rules of Social Security are how your eligibility is defined.

Toxic Megacolon is a complication of inflammatory bowel disease. Inflammatory bowel disease can include ulcerative colitis or Crohn’s disease or other infections of the colon. Toxic Megacolon is different from other kinds of megacolon like pseudo-obstruction, acute colonic ileus, or congenital colonic dilation because they occur without infection or inflammation.

The best way to prevent toxic megacolon is by treating the diseases that causes the inflammation (colitis or Crohn’s). If the diseases are not treated regularly with medication and medical observation, complications may develop including dilation of the colon. You may develop abdominal pain, distention, or tenderness along with fever, rapid heart rate, or shock.

Toxic Megacolon is evaluated for Social Security Benefits under the Listings for the corresponding Inflammatory Bowel diseases which cause the complication, 5.00 Digestive System – Adult, 5.06 Inflammatory bowel disease (IBD). https://www.ssa.gov/disability/professionals/bluebook/5.00-Digestive-Adult.htm

To determine eligibility for Social Security, you must have medical documentation to support your claim. For this condition, this includes endoscopy, biopsy, medical imaging, or surgical findings which show you have had an obstruction requiring hospitalization or surgery two times in six months. The events must have been 60 days apart at a minimum. Otherwise, if you have not had surgeries or hospitalizations, two of the following within the same consecutive 6-month period:

B. Two of the following despite continuing treatment as prescribed and occurring within the same consecutive 6-month period:

  • Anemia
  • Low serum albumin
  • Clinically documented tender abdominal mass palpable on physical examination with pain or cramping not controlled by prescribed narcotic pain medications
  • Perineal disease with a draining abscess or fistula, with pain that is not completely controlled by prescribed narcotic medication
  • Involuntary weight loss of at least 10 percent from baseline
  • Need for supplemental daily enteral nutrition via a gastrostomy or daily parenteral nutrition via a central venous catheter.

Taken together this information will be used to evaluate the severity of your condition. If it is found that you meet the listing, you must also show that you meet the non-medical requirements for Social Security benefits. If you meet both the medical and non-medical requirements for Social Security, you may be eligible for benefits. For further information call our office or go to the Social Security Administration’s website at SSA.gov.

Please call our office at 855-513-4357 for a free evaluation and speak with one of our experienced Social Security Attorneys.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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