Read Our Reviews

Call Now! 855-780-4357

Student Loans and Disability

Many people applying for Social Security disability have financial obligations that are put on hold during the determination process. One of these affecting more and more applicants are student loan payments. If you are approved for Social Security disability, you may be eligible to have these loans discharged. The U.S. Department of Education has a fairly simple process for determining disability, and once you meet their standards, your federal student loans may be discharged. Private loans are typically not eligible for this process, and you would need to contact your individual loan company to find if you are eligible for any other disability discharge.

After Social Security finds you disabled, make a copy of the determination letter laying out your benefits as well as when your next disability review date is, typically scheduled for five to seven years after the approval. Submit this letter to the Department of Education, along with the other forms required, available on their web site, www.disabilitydischarge.com. They may temporarily suspend your loan payments while deciding whether you qualify for loan discharge.

Once the discharge is approved, there are other requirements that must be met, such as your income must remain below a certain level, you may not apply for any other federal student loans, or you must continue to be disabled under Social Security’s rules. If these are not met, the loans may be reinstated. Keep in mind you may be responsible for any tax burden related to the discharge of the loans. Typically, the discharged loan amount is reported to the IRS, and may be considered income to you, the tax payer.

If your disability case is pending with Social Security, then you may be able to apply for a loan discharge before they find you disabled. If you have a supportive doctor that is willing to complete the necessary certification paperwork, showing that your condition may either result in death, has lasted for a continuous period more than 60 months, or can be expected to last more than 60 months, this may be sufficient for the Department of Education to discharge your loans. The same post-approval requirements would apply.

If you are receiving Disability Income or Supplemental Security Income from Social Security, and your federal loans are approved for discharge, this will not affect the benefits you receive.

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.

View all author posts →

VA benefits and Social Security

Just as Social Security has both a Social Security Disability Insurance (SSDI) program and Supplemental Security Income (SSI) program. The Veterans Administration (VA) has two programs as well. They are VA disability compensation and VA pension. Can you file from both entities you ask, yes! We will go over that and what programs can go together. As well as some of the differences between the programs that warrant mentioning.

Service-connected VA disability benefits or VA disability compensation as it is also called, is not an income base program. So it would be similar to the Social Security Disability Insurance (SSDI) program which is based on work credits (monies that you paid in while employed). So then it follows, that non- service connected VA benefits also known as VA pension is income based and would be along the same lines as the Supplemental Security Income (SSI) program of Social Security. If eligible, the best case scenario would be to qualify for SSDI and VA disability compensation as this give you the greatest monetary outcome.

Some of the differences between the two are that for the VA there are percentages of disability, where Social Security has an either you are or are not disabled approach. One of the major differences is the “treating physician rule.” Under Social Security law, once the claimant’s doctor is recognized as the treating physician, his or her medical opinion is given more weight and can be the difference between winning and losing your disability case. Whereas, under VA law the doctor’s opinion is not given more weight but instead equal weight with the rest of the evidence in the file. So under VA law, your disability is decided upon the totality of your file.

So as you can see, you would be able to file for both a VA disability benefit and a Social Security disability benefit at the same time. Along with some of the similarities and differences between the two providing entities. I would like to leave you with this thought. If you are wondering if there is a way to have better odds for success, then read on. If you have been given a high (70% or higher) VA rating, you are more likely to also be successful on your Social Security claim. Also while the VA only considers service-connected disabilities, Social Security will consider all disabilities service-connected or not. Unfortunately, if you are found disabled by Social Security first, it will not be given much weight toward your VA claim for disability.

 

 

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.

View all author posts →

Pancreatitis and Disability

Pancreatitis, or inflammation of the pancreas, is a condition that may either be acute, having a short and severe episode, or chronic, with frequent flare-ups. The main symptoms are abdominal pain, nausea, and vomiting. Because of the pancreatitis, someone might also have unexplained weight loss, or may develop diabetes. For most people, these episodes are manageable, but for others, it may be so severe as to interfere with their daily functioning and result in a permanent disability.

The Social Security Administration (SSA) does not have specific rules or listings for pancreatitis. It is evaluated on how the symptoms from the disease affect your daily activities. Social Security Ruling 14-3p sets out guidelines to how they evaluate disorders similar to pancreatitis. First, they will consider the medical evidence that supports the diagnosis. Next, they will consider the effect your disease has on your body, and whether those symptoms meet a Listing for disability. For example, if your pancreatitis has caused you to lose weight, your weight loss may be evaluated to see if you meet Listing 5.08, and if the SSA finds your condition meets those guidelines, you may be found disabled. If they don’t find your condition meets a Listing, then they evaluate the combined effect of the condition and the effect it has on your physical activities and your limitations because of it.

Of course, a condition like pancreatitis affects everyone differently, and your symptoms may be different from others. If you have other conditions in addition to the pancreatitis, those conditions will be evaluated in a similar way for SSA to find how it affects you and your daily functioning.

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.

View all author posts →

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.

View all author posts →

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.

View all author posts →

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.

View all author posts →