Read Our Reviews

Call Now! 855-780-4357

The Myth of Widespread Social Security Disabilty Fraud

We have all heard them – those friends or relatives who claim they know someone who is collecting disability who shouldn’t be.  Why do we pay our taxes for those freeloaders, the argument goes.

I always like to ask those that complain about social security fraud if they have reported the suspected fraudster to the authorities.  The answer is always no.

While there is little doubt that there is fraud in the disability system, there is NO evidence that this fraud is rampant.

Here are some facts that cannot be ignored or discounted:

It is not easy to get approved for social security disability.  The vast majority of people who apply are denied.  Approximately 65 percent of applicants are denied at the initial level, and about 85 percent of applicants are denied on reconsideration.  Of those that appeal to the hearing level in front of a judge, about 50 percent are approved.

Many reasons exist for denying applicants.  Claimants can be denied because they haven’t worked enough to qualify for SSDI.  To qualify a claimant must have worked for five out of the last ten years prior to application and paid into the social security system while doing so.  Others are denied for medical reasons.  To get approved, the claimant must have a physical or mental disablitiy that is severe and is expected to last at least 12 months.

The social security administration requires solid medical documentation in making its determination of phisyical or mental disability.  If a claimant is not treating with a valid medical provider such as an M.D.. it is very unlikely the claimant will be approved.  It is not easy to “pretend” you are disabled. Usually when a claimant is disabled, ongoing and lengthy treatment with a specialist is a given.  A record lacking such evidence is frowned upon by the Social Security Administration.

The statistics show that people who apply for disabiltiy have much higher death rates than the general population.  It is pretty difficulty to fake ones death.  People on disability are up to six times more likely to die than people in their age group who don’t receive benefits.

The solution is not gut the system of much needed funding, but rather to detect and frett out fraud when it occurs.  The social security disability system is a lifesaver, and you can be assured that the vast, vast majority of those receiving benefts are legitamately disabled.

For more information see:  The Center on Budget and Policy Priorities report on the disability system.  https://www.cbpp.org/research/chart-book-social-security-disability-insurance

 

By Michael J. Cerniglia

Social Security Disabiltiy Attorney

Hoglund Law Firm

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 →

Reopening a prior Disability Claim

Often, Social Security Disability claimants have previously applied for benefits, unsuccessfully. In these situations, it is always a question as to whether the previous application can be reopened in a current claim. Many factors are involved in answering this question. Generally speaking, however, it must be said that reopening a final decision from an administrative law judge is an unlikely occurrence, as great weight is given to previous decisions absent clear evidence that the decision was incorrect. Often claimants continue to allege that they have been disabled since their previous application, which then presents the possibility of reopening that claim.

First, the current application must allege an onset date that involves the previous application period, otherwise there is no need to examine the previous application, as it is not at issue in the case unless the argument is made

Second, a prior claim must be related to the current claim. This means that a previous application for schizophrenia cannot be reopened in a claim alleging only degenerative disc disease. In other words, the conditions alleged in the previous application must be involved in the present application.

Third, the age of the claim is relevant. If the previous claim is less than a year old, either a Disability Insurance Benefits (DIB) claim or a Supplemental Security Income (SSI) claim may be reopened at will by the Social Security Administration. If the claim is more than a year old, Social Security may reopen an SSI claim that is two years old or less if there is good cause. For DIB claims, any claim four years old or less may be reopened for good cause. “Good cause” generally means new evidence is available or that an egregious error occurred.

While reopening previous claims is possible, it generally is not likely. Consult with your Social Security Disability Attorney to determine if it is wise to attempt to reopen a previous claim.

 

By Adam Kachelski

Domain #4 – Moving About and Manipulating Objects

If a child has a severe impairment(s) that does not meet or medically equal any listing, the Social Security Administration (SSA) will then look to see if the child functionally equals the listings. To functionally equal the listing, the child’s impairments must result in marked limitations in two domains, or extreme limitation in one domain.

The fourth domain used by SSA is called 4. Moving About and Manipulating Objects. In this domain, SSA will consider how well a child moves their body from one place to another and how they move and manipulate things. The SSA will look at both gross and fine motor skills.

Some areas of moving the body will include rolling, rising up from seated position, raising head and arms and legs. They will look at how the child transfers from one surface to another and how they move forward and backward when crawling, walking, and running.

With regards to moving and manipulating objects, SSA looks at how the child pushes, pulls, lifts, or carries objects. SSA will evaluate how the child controls their upper extremities in carrying objects. They will even consider eye hand coordination to manipulate small objects.

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

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 →

Can My Doctor Help Me Get My Social Security Disability Benefits?

Q & A with 20+ year Social Security Disability Attorney Andrew Kinney

Q: Can my doctor help me get my Social Security Disability benefits?
A: Yes! But perhaps not in the ways you would expect. I’ll explain.

In our law practice, we purposely do not interact with treating physicians. Our clients make their own health care choices. Our clients go to doctors because they want to get better, or at least improve their quality of life. We explain the law.
The Social Security Disability program is all about the medical evidence. Forget what you hear on TV. Talk is cheap. Regular medical treatment is important. Just as important, though, is developing a treating relationship with certain medical doctors you know and trust. When you treat properly with physicians you know and trust, you create a bread trail of your problems.

This is where your physicians can help you further. Right after your next appointment, ask the doctor who knows you best these things:

1. “Doctor, can you please make sure you document my problems well?”
2. “Doctor, can you please make sure your treatment notes are clear about how I am limited?”
3. “Doctor, I had to apply for Social Security benefits. Would you mind if my attorney sends you a short form to fill out about my limitations?”

It is vitally important that your medical treatment notes document your ongoing medical problems. Attorney forms track Social Security law. While it is unusual for physicians to object to an honest, straightforward approach to your medical care, it can happen. Some physician practices, including the VA, try to avoid “forms,” but they complete them for insurance daily. Some physicians say that they cannot “decide disability,” but they are not. They are simply determining physical and mental limitations for their patients—something they lay out for working patients with injuries all the time. Finally, some physicians think their patients over 50 can still do “desk work.” That is fine. Depending on your past kind of work you can no longer do, the law can still be on your side. Ask an experienced attorney in this area of law.

Your medical providers are trying to make you better. Keep trying to get better, and document the truth about your medical problems. Your Social Security attorney will argue the rest.

Andrew Kinney, Esq., 12/1/15

What Does it Really Mean to be Approved for Social Security Disability Benefits?

Q & A with 20+ year Social Security Disability Attorney Andrew Kinney

Q: What does it really mean to be approved for Social Security Disability benefits?

A: The media and some political leadership would have us believe that people are clamoring to live off government benefits. While there are freeloaders in all sectors (including the two above-mentioned groups), I want to offer you a more accurate portrait from someone who has sat with thousands of disabled people.

Almost all the people our law offices has represented for Social Security benefits (upwards of 50,000 at last count) would rather work. For many, applying for benefits is a failure. A failure to themselves, their families, and a failure in life. To even apply for benefits can a miserable recognition that everything they hoped for and dreamed to do is gone. Not such a pretty picture so far, now, is it?

Social Security Disability benefits do not nearly pay as well as working. And Social Security’s failure to hire sufficient numbers of judges has caused clients to lose their homes, families, everything—including dignity. Some tell me they must accept welfare, having vowed to never do so in their “working” lives. Personal philosophy doesn’t do a damn to heal their wounds or pay their bills.

The real way to understand what I have described above is to sit and talk with some of those who are applying. Perhaps sift through a few hundred pages of their medical records. And really listen before coming to conclusions. With any experience, you will recognize that disabled people are not statistics in government publications, they are not props in committee meetings with prepared minutes. These are real people who need benefits for very real reasons despite working very hard with doctors to get better. They aren’t freeloaders.

Go ahead. Call your disabled neighbor, close friend, family member, or (God forbid someday) yourself a freeloader. See how far that gets you. Then, take actual time to understand the people who rely on the disability program. Many, many people are in real need.
Listen to me here. When you truly understand real suffering, you know it doesn’t lie.

Andrew Kinney, Esq., 11/30/15

Can You Lie to Get Social Security Disability Benefits?

Q:  Can you lie to get Social Security Disability benefits?

A:  This question gets to the heart of the misunderstanding about the Social Security Disability program.  Anyone can lie about anything to anyone.  The real question, then, is whether lying can actually secure Social Security Disability benefits.  The short answer:  No.

The public at large is generally unaware about the level of medical evidence necessary to prove disability under the Social Security regulations.  Just having a physical or mental diagnosis is insufficient.  Your limitations must preclude your ability to work under the law.  The law does not allow mere “claims” of disability to prove limitations.  Medical testing and examinations over time must establish significant impairments.

Lying to an MRI won’t impact the results.  Lying to a physician will not change objective examination findings.  Lying to a psychiatrist will likely land you back in the waiting room.  You can try to fake a limp or fabricate headaches, but medical doctors are scientists.  The lack of objective detail will ultimately do you in.

So just how difficult is it to “talk” your way into benefits?  Let’s consider a real life example of a client of mine today who wasn’t lying about anxiety, but nonetheless will be denied benefits.  I had a Social Security hearing today in which my client had significant anxiety.  The lower State Agency level ignored the regulations in failing to get a treating source opinion (nothing new).  A government-paid “medical expert” at my client’s hearing droned on and on to use time, yet misread the file, inferred chemical dependency without a diagnosis, ignored hard evidence of disability from a psychiatrist, and missed another psychological diagnosis altogether.  The point?  Even people telling the truth with sufficient evidence (in this case, anxiety that left her virtually homebound) have a difficult time meeting Social Security’s regulatory standards.

What should you take from this blog?  Those who are approved for Social Security Disability benefits have medical professionals who have diagnosed, examined, and treated them over time.  Offer to open the door for them, not throw them under the bus.  You or a loved one could need these benefits next.

Andrew Kinney, Esq.

 

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 →

Remote DLI – Seek Social Security Before It’s Too Late.

From:  Joshua Tripp

 

In some cases, where a claimant has not worked recently and there is too many household assets or too much income to be eligible for SSI, the claimants are left struggling to prove disability for many years prior to the current date. This can be very difficult to do and there must be more than just the claimant’s testimony to win the case.

For an example, I recently had a social security claimant who had to go back about ten years to prove disability.  For approval here, it must be shown that the claimant had a disability prior to their date last insured and that their disability has continued.  This requires consistent medical evidence of severe impairment.  Additionally, to bolster the claimant’s medical record of ten years ago, I had the claimant’s current doctor, who was currently supportive of disability, write a narrative of the claimant’s impairments based on the current time frame, along with a review of the prior medical records.  This was helpful to assess that the conditions were as severe ten years as they are today.  He opined that the claimant was unable to work ten years ago and the condition has not improved.  Although this is important, his opinion needs to be supported by the medical record as a whole.  The medical evidence is particularly important for a case with a remote date last insured because it is hard to say the claimant can testify about conditions as accurately ten years ago as they could today.

It is always best to not wait to apply for social security disability.  Waiting can put you in the predicament of having to prove disability many years prior to the application, which is not an easy task.  Contact a social security attorney before it is too late.

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 →

The Importance of Treating Source Statements

Most Social Security Disability cases turn on whether there are jobs available in the national economy that could be performed by the claimant, given his or her medical conditions. This requires a determination of the claimant’s Residual Functional Capacity (RFC). Social Security defines RFC as “the most you can do despite your limitations.”[1]

In making this determination, someone has to translate medical conditions and associated symptoms to functional limitations. Clearly, the most appropriate person for this task is a doctor. At the Initial Application and Reconsideration levels a state employed doctor (Medical Consultant) makes this determination based on your medical records. Social Security might also send you to Consultative Exam (CE), where a specialist might provide insight into a particular part of your RFC, for example: If you allege both physical and mental impairments, but treat for your mental impairments with your primary doctor only, Social Security would likely send you to a CE with a psychologist.

[1] CFR § 416.945(a)(1).

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 →

Treating Source Statements

Opinion evidence can have a big impact in Social Security Disability cases, especially when it comes from a treating source. But sometimes a treating doctor, counselor or therapist will decline to provide an opinion if he or she is in the best, but not ideal, position to do so. For example, maybe the disability claimant can only afford to treat with their primary care doctor, who declines to provide an opinion because he or she is not a specialist. If Social Security has not sent the claimant to a consultative exam, there will be no opinion evidence in which a doctor identifies specific functional limitations caused by the claimant’s impairments (except for the doctor working for the state agency making the determinations at the initial and reconsideration levels). The treating provider may not fully understand how opinion evidence is considered in Social Security Disability claims, or may not want to take the time because a response is not mandatory. In these situations, a friendly letter explaining the role of opinion evidence and requesting that the doctor provide whatever he or she is comfortable with, even in the form of short narrative (preferably with the records used to form the opinion attached), can get results.

Consider contacting an experienced social security disability attorney for help with this and other issues.

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 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.

View all author posts →

Compassionate Allowance Diseases: Alpers Disease

The Social Security Administration established the Compassionate Allowances program in an attempt to expedite cases where individuals have medical conditions that are very severe and would qualify under one of the listings. However, not all diseases are met under a specific listing, but still may be approved under the CAL.

Alpers disease is a progressive neurologic disorder that begins during childhood and is complicated in many instances by serious liver disease. Symptoms include increased muscle tone with exaggerated reflexes (spasticity), seizures, and loss of cognitive ability (dementia). Diagnosis is established by testing for the POLG gene. Symptoms typically occur months before tissue samples show the mitochondrial DNA depletion, so that these depletion studies cannot be used for early diagnosis;  about 80 percent of individuals with Alpers’ disease develop symptoms in the first two years of life, and 20 percent develop symptoms between ages 2 and 25. The first symptoms of the disorder are usually nonspecific and may include hypoglycemia secondary to underlying liver disease, failure to thrive, infection-associated encephalopathy, spasticity, myoclonus (involuntary jerking of a muscle or group of muscles), seizures, or liver failure.

Individuals who have been diagnosed with Alpers typically die before they reach the age of 10, usually caused by unrelenting seizures. The course of the disease is usually rapid and eventually the combination of the diseased brain and increasing physical weakness becomes too great to sustain life, and death usually occurs within a year. Parents will be aware of the child’s increasing frailty, and death is usually relatively peaceful and expected when the time comes.

Alpers may be diagnosed under SSA Listings 111.02, 111.06, and 112.02. SSA suggests that there be clinical history and examination that describes the progression of neurological and cognitive decline from the treating primary care physician, neurologist, or psychiatrist, EEG reports, and lab tests consistent pf hepatic failure, to adequately assess.

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 →

Will a Congressional Inquiry Help me Get Approved?

Applying for social security benefits can be a long and overwhelming process. By far, the waiting is the most frustrating for the majority of claimants. Some claimant’s will look to their congressman or state senator to intervene. A congressional inquiry is a “status check” of your disability claim. When the inquiry is received, social security will respond by providing the status of your case. This request can also prompt social security to get cases moving along a much faster pace. Unfortunately, many claimants confuse the purpose of a congressional inquiry.

The inquiry starts by sending a letter to your local senator or representative’s office requesting that they find out more information about your claim. Be sure to include the length of time you’ve been waiting, medical conditions, and the need for the inquiry. Sometimes a case may be in the process of being approved at the time of the inquiry. Understandably, it is assumed that the case was approved due to the inquiry. Disability examiners and judges cannot be influenced to approve a case because of an inquiry.

A congressional inquiry that is submitted at the lower level of the claim has very little influence, if any at all. Disability examiners rely heavily on medical records that describes a claimants functional limitations. The time frame in which disability examiners can come to a decision is based on how fast the medical facilities comply with the request for records.

At the hearing level, if a claimant is experiencing financial hardship, a congressional inquiry can help a case get scheduled a lot faster. Providing evidence of financial hardship is critical when trying to get a sooner hearing date.

For more information, please contact Hoglund, Chwialkowski, Mrozik, PLLC.

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 →

SSI Benefits for Children with Abdominal Migraines

Abdominal migraines are characterized by severe, sharp abdominal pain near the midline, lasting from one hour to three days, and are more common in children. Although experts have not settled on a specific cause, this condition is in the migraine family because it may have an underlying neurological or chemical origin, and may be triggered by psychological, environmental or dietary factors. A diagnosis is usually reached by ruling out other causes of abdominal pain, and treatment options include those used for migraine headaches.

Due to the difficulties in diagnosing and treating this condition, a child with abdominal migraines may experience difficulties in school and other activities for a long time without relief. If your child has had repeated episodes of abdominal pain diagnosed as abdominal migraine, consider contacting a Social Security Disability lawyer to discuss whether you and your child are eligible for Supplemental Security Income (SSI).

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 →

On-the-Record Reviews by Social Security and Requesting one

On-the-Record Reviews are available to anyone who files a Social Security Disability claim once it has been denied at the lower levels. It is a favorable ruling made by the Administrative Law Judge (ALJ) based solely on the medical evidence in your file. An OTR is done prior to an actual hearing being held.

Once you have requested a hearing on your claim, then your claim is eligible to request an On-the-Record Review. This review can happen in one of two ways. This type of review can be initiated by a hearing officer, which would be the best case scenario. This usually happens if new medical evidence is submitted and upon review by the Social Security it is deemed that with the new evidence that a hearing is no longer needed and a fully favorable decision can be granted. The second possibility is that you will need to request the On-the-Record Review yourself. Along with your request, you will need to provide a detailed explanation that points out the specific medical evidence that proves that you are disabled by Social Security’s rules.

Once you have put in the request for an On-the-Record Review, one of these outcomes should happen. Your claim could be granted based on the evidence in your file or a judge may contact you for more information on your claim. If this were to happen, it would be in your best interest to be as honest and as thorough as possible. Another possibility is, a judge may feel that the evidence is not clear cut enough to approve the claim during an On-the-Record review. If a fully favorable cannot be given based on the records alone, then your claim will proceed to a hearing when a date becomes available. An On-the-Record Review cannot stop your claim from proceeding, unless a fully favorable decision can be reached.

The request for an On-the-Record Review is a great way to possibly expedite a disability claim. There needs to be enough medical evidence to give a clear cut view of the disability that is being claimed so, that the Judge feels that a disability hearing is no longer necessary. Hopefully this helps to navigate the On-the-Record Review process.

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 →

Disability Benefits for Chronic Fatigue Syndrome

If your symptoms of chronic fatigue syndrome are preventing you from working, you may be entitled to disability benefits. In early 2014, a new ruling was created that helps the Social Security Administration evaluate the severity of chronic fatigue and how it contributes to your disability. SSR 14-1p helps to clarify what evidence is needed to prove that you have this impairment, and to prove how severe it is.

Social Security must consider the following symptoms: postexertional malaise lasting more than 24 hours after activity; impaired short-term memory and concentration; sore throat; tender lymph nodes; multi-joint pain without swelling; headaches; and waking unrefreshed. Other symptoms of this condition could include muscle weakness, disturbed sleep, visual problems, dizziness and lightheadedness, heart palpitations and arrhythmias, and gastrointestinal complaints. These symptoms should be documented by your primary physician, and other conditions that cause these symptoms must be ruled out. The medical evidence from your doctor must show that the physical symptoms such as a sore throat or tender lymph nodes must have lasted for about six months consecutively.

Combined, these symptoms must have such a strong effect on you that it prevents you from working on a full-time basis for at least 12 months or more. Social Security will get information about your daily disability, meaning how your daily activities have changed, and how your disability has negatively impacted your life.

If you have other impairments, such as fibromyalgia, myofascial pain syndrome, or other conditions that co-occur with the chronic fatigue syndrome, these will be evaluated independently, but may also be considered as proof of the chronic fatigue syndrome.

If you are unable to work because of your chronic fatigue syndrome, contact your disability attorney at Hoglund Law. We can evaluate your case to help determine if your condition meets the criteria that could result in winning your disability benefits from Social Security.

 

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 →

New Rules for Diabetes and Disability

Many people in America have been diagnosed with diabetes, and now many people find the side effects of their diabetes is preventing them from being able to work in a full-time setting. Most of the diabetes cases the disability attorneys at Hoglund Law handle involve people with peripheral neuropathy and diabetic retinopathy, because of their diabetes. Fortunately, the Social Security Administration is aware of this epidemic and they have recently updated the way they evaluate cases involving diabetes. In June 2014, SSR 14-2p was released, which makes it easier for claimants and representatives to evaluate whether the medical conditions will find them eligible for disability.

Like any Social Security disability case, you need to prove that you are no longer able to work any full-time job due to your impairments. This means that you are either so physically or mentally limited by the symptoms of your condition that you cannot maintain working full-time, 40 hours per week or more. With this new ruling, Social Security points to some specific symptoms of diabetes. They highlight complications such as diabetic retinopathy, cardiovascular issues such as coronary artery disease or peripheral artery disease, kidney disease, and nerve damage, or neuropathy. They also consider symptoms of chronic low blood sugar, such as weakness, sweating, trembling, palpitations, and difficulty concentrating. Applying for disability with diabetes requires documentation from your physician of your blood sugar readings, of the symptoms you experience, and your medication regimen as well.

If your diabetes causes a major effect on one of your body systems, like kidney disease or neuropathy, Social Security may be able to find you disabled on the basis of the severely decreased functioning of just that body system. For example, if you are unable to walk without needing the use of a walker or crutches because of neuropathy in your feet, that may be sufficient to find you disabled. Similarly, if your diabetes has had such a severe effect on your kidneys that you require dialysis, they may find you disabled.

Social Security will evaluate what an impact your diabetes has had on your total body, and how it affects your daily functioning if they can’t find it has had a severe impact on one body system. They then determine whether the total impairments would prevent you from doing any of your previous work, and then they need to find if there is other work you would be able to do with your impairments.

If you find that the side effects interfere with your ability to work full-time, call the disability attorneys at Hoglund Law. We can evaluate your case to see if you may be eligible for disability benefits from Social Security.

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 →

What is Disabled Widow or Widower’s Benefits?

Disabled Widow or Widower’s Benefits is a program that allows individuals to receive Social Security Disability based upon a deceased spouse’s earnings record. This program is intended for surviving spouses that were not the main provider for the family.

Generally, to be eligible for Social Security Disability Insurance Benefits a claimant needs to have paid into Social Security and have earned enough work credits in the right quarters to have technical eligibility.   Disabled Widow or Widower’s Benefits allows claimants that normally would not be eligible on their own record, to file for Social Security Disability benefits under their deceased spouse’s earnings record. This comes up in cases where the surviving spouse acted as the stay home provider for the family.

Additionally, this program is beneficial for claimants that are eligible for Social Security Disability on their own record, but have a smaller earnings record than the deceased spouse. Essentially, the surviving spouse that is found disabled would then collect under the deceased spouse’s earnings. This allows claimants that were not the main provider of the family to receive a greater amount in benefits. This program would not be beneficial in instances where the surviving spouse was the main provider because that individual would simply file under his own record.

To receive these benefits, the surviving spouse must be found disabled within seven years of the deceased spouse’s death and be 50 years old. A surviving spouse can also collect under this program at age 60 without being found disabled.

It is important to understand that marriage can affect the eligibility for Disabled Widow or Widower’s Benefits. If the surviving spouse remarries before the age of 60, then that individual cannot collect under this program.

It is best to speak with an experienced Social Security Disability Attorney on questions regarding Disabled Widow or Widower’s Benefits.

 

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 →

How Important are Medical Records in My Social Security Benefits Case?

Social Security will consider any existing medical records when deciding your claim. Your initial application to Social Security will indicate the date that you have alleged to be your Onset date of disability. For example, if you note that April 1, 2013 is the date when you became disabled and no longer able to work, social security will review medical records one year prior to the alleged onset date of April 1, 2013. Medical records that reflect ongoing treatment from this date will become the deciding factor for your claim. It is very important that your medical records reflect the condition(s) in which you are applying for benefits.

More often than not, social security will consider other conditions that may exacerbate your primary condition. An example of this would be of listing diabetes as a primary condition and the secondary condition listed as uncontrolled high blood pressure. Upon review, social security will consider the various treatments to control the high blood pressure. This consideration could weigh heavily on the outcome of your claim. Medical records that show a lack of treatment or diagnosis would surely result in a denial.

Lastly and most importantly, having a supportive doctor will increase your chances of a favorable decision. Social Security gives more weight to the opinion of your treating physician than that of a non-physician. So the rule of thumb is to make sure that you are detail in your description of symptoms that you may be experiencing from your condition(s).

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 →

SSI without a Green Card

Certain immigrants may be eligible for Supplemental Security Income (SSI), even though they have not yet obtained citizenship or a green card (lawful permanent residence).

8 U.S.C. section 1612(a)(2) provides, among other things, that the following individuals are not precluded from receiving SSI by reason of their status:

-A refugee under section 207 of the Immigration and Nationality Act [8 U.S.C. 1157];

-One who is granted asylum under section 208 of such Act [8 U.S.C. 1158];

-One whose deportation is withheld under section 243(h) of such Act [8 U.S.C. 1253] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208) or section 241(b)(3) of such Act [8 U.S.C. 1231(b)(3)] (as amended by section 305(a) of division C of Public Law 104–208);

-A Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980);

-An Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100–202 and amended by the 9th proviso under migration and refugee assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, Public Law 100–461, as amended).

However, eligibility under section 1612(a)(2) only applies for the first seven years after the above status becomes effective. Social Security must notify those receiving benefits of the date that his or her 7 year period ends, and the recipient may appeal the termination of benefits.

Eligibility for SSI involves several more medical and non-medical criteria, and any applicant should explore the opportunity to enlist the help of an experienced Social Security Disability attorney. For residency status issues, an immigration attorney should be consulted.

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 →

Left Ventricular Ejection Fraction and Its Role in an Administrative Hearing

Lefmaging (MRI), computerized tomography (CT) or by a nuclear medical scan.2

There are numerous symptoms that could notify a doctor to order one of these tests-including, but not limited to: shortness of breath, persistent coughing, a build-up of fluid (edema), fatigue, and/or chest pain.3 These symptoms also play an impact on a social security disability claim. For example, a person with shortness of breath may have difficulty walking long distances or have difficulty lifting. An administrative law judge analyzes a person’s case by reviewing all the medical data, which would include both a person’s symptoms and also the objective evidence (i.e. an echocardiogram).

In determining if a person is disabled, an administrative law judge reviews the “Listing of Impairments” and compares the medical evidence with the listings. For a person with a low left ventricular ejection fraction, the administrative law judge will compare the claimant’s percentage to what is discussed in the listings. The judge will review the listings under section 4.00: Cardiovascular System. In section 4.02 it discusses if a person has severe ejection fraction of 30% or lower and has one of three: persistent symptoms of heart failure, three or more separate episodes of acute congestive heart failure within 12 months, or an inability to perform a stress test at 5 METs or less due various reasons.4 If an administrative law judge finds that all criteria are met in the listing, a favorable decision is granted.

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 →

Why Should I Complete Physical Therapy?

Physical therapy is designed to help an individual rebuild or strength their injured body part. Physical therapy is also designed to help individual decrease joint stiffness. Physical therapy may be painful in order to help individuals to get better. This article will cover reasons why individuals should complete a round of physical therapy.

One of the best reasons to complete physical therapy is because the physical therapy may increase the range of motion of a joint. This increased range of motion of a joint will help with the pain. In addition, along with increased range of motion, the individual is likely to have less stiffness.

Another reason to complete physical therapy is to learn different techniques that will help relieve pain. If an individual is having back pain, one of the techniques that physical therapy teaches you is on how to stretch the muscles. The stretching of the muscles and to what degree is all part of physical therapy. By completing the round of physical therapy, an individual will have a better understanding on what they are able and not able to do.

Another reason to complete physical therapy is to learn different ways on completing task. This is especially important on back pain. Individuals with back pain are retaught on how to lift without engaging the back muscles and instead use the legs to lift. The more an individual learns on how to lift, the less likely the individual will reinjure the back.

In conclusion, it is important to complete physical therapy. Even though the physical therapy may be painful, the usefulness of physical therapy out weights the pain. In addition, regular physical therapy gets easier for individuals and becomes less painful as time continues. In other words, the first days of physical therapy are the worst days and then it typically gets better as the stiffness leaves the joint.

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 →

Why is a Medical Expert at my Hearing?

There is a possibility that a medical expert will be present at your hearing. This medical expert is present as a neutral expert, and will be assisting in helping the Administrative Law Judge understand the medical diagnosis and conditions outlined in your medical records. This will be a doctor that has not examined you before, and will be basing their opinions solely on the review of your medical records. This is why it is important to notify your attorney of all medical clinics and hospital visits you have had in the relevant time period at question, so that your medical records are up to date for the medical expert to review.

The medical expert will be providing testimony whether in their opinion your conditions either meet or equal Social Security’s medical criteria (“The Listings of Impairments”) for being found disabled. If the medical expert finds that you do not necessarily meet or equal a listing, the expert will identify any functional limitations that they deem necessary in a work-setting based on their review of the medical records. At the hearing your attorney will have the opportunity to cross-examine the medical expert to further determine work-related limitations.

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 →

Psychogenic Non-epileptic Seizures (PNES) or Psuedo-seizures

Often times, patients or clients are misdiagnosed with seizures, when really they are experiencing manifestations of psychological distress. Epileptic seizures are caused by abnormal brain electrical charges. The PNES attacks look a lot like epileptic seizures. Patients suffering from PNES attacks may experience seizure like activity:

* Convulsions

* Falling

* Shaking

* Temporary loss of attention

* Staring

Physicians often become suspect of the possible misdiagnosis when frequency, duration, triggers, and movements are unusual in comparison to the neurological examinations. It is important to note that EEGs (electroencephalograms) are helpful in diagnosing epilepsy but they often come back normal even in patients with proven epilepsy. The most reliable way to test for PNES is to do an EEG with video monitoring. Through analysis of the video and EEG recording, analysis can be made with near certainty.

PNES or pseudo-seizures are a type of Somatoform Disorder called Conversion Disorder. After patients are diagnosed, they should be referred to a psychiatrist for continuing care. PNES is treatable and should not be concerned about the stigma that comes with mental illness.

The most important thing with anyone applying for Social Security Benefits with this (or any) condition is well documented treatment. If you are not sure if you suffer from PNES or physical epilepsy, continue to treat for epilepsy but seek help from a mental health professional. Talk to your doctor about your concerns. Document any seizure like activity in a seizure diary. Track when the episodes happen, how often, and what symptoms or activities occur in this diary. Treating with specialists, using a seizure diary, and following any recommended treatment plans by your doctors, are all important steps in proving your disability claim.

We can help you with these questions and more. Please contact us at Hoglund, Chwialkowski, and Mrozik law office to discuss your Social Security Claim possibilities further.

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 →

Overpayments and Social Security

Social Security overpayment. How does it happen and what can you can do about it? There are things that will be your responsibility even after your claim is approved but, we will discuss that a little later. So how can you be overpaid you ask? It is true that Social Security is a Federal Agency and they have access to your employment history or earnings if you will. Well, there are other things that may play into how your income is determined by Social Security. Let’s look at one possible scenario.

You have been approved for Supplemental Security Income more commonly known as SSI. This is a needs based program. Which means that it is based on income and assets. Assets are things that you own like a car, cabin or savings bonds to name just a few. So now let’s add to that, that your family helps you out by paying your rent and utilities and you didn’t let Social Security know that. Social Security is not privy to items that you are receiving from family and/or others if you do not make them aware of them. But under Social Security rules, your family’s assistance with rent and utilities is considered a gift or as Social Security calls it an in-kind payment and looked at as unearned income and counts toward your total income when calculating your SSI payments. Your total income can only be up to a certain amount gross (meaning before taxes are taken out) to qualify for Supplemental Security Income (SSI).

Now take into account, that Social Security may only review your claim every three years or so. You guessed it, you now may have an overpayment issue with Social Security because during their claim review the fact that your family has been helping out has now come to light. Now Social Security has to refigure what you should have been getting paid and the overpayment will need to be paid back. If the amount of in-kind monies take you over the total income threshold allow by Social Security for an extended period of time, your benefit might be stopped altogether once the overpayment has been taken care of.

Remember that there are many different scenarios that might end in a person being over paid. Before you panic, first make sure that you were truly overpaid. Social Security can make errors too. Then even if you were overpaid, there are ways that you can get the overpayment waived. Social Security should be able to get you the information on how to appeal or try to get a waiver for your overpayment or here is a link that might be of assistance. https://www.socialsecurity.gov/pubs/EN-05-10098.pdf

I want to leave you with this thought. If you are receiving benefits from Social Security that are need based (SSI) you need to remember that you are responsible to let Social Security know if there are changes in monies you receive. Since they might count toward your total income and thus may cause your payment amount to change. This will help you in not being overpaid and wondering how you are going to repay the money. If you are in doubt whether Social Security needs to know about it or you just do not understand something that Social Security sends you, ask them to explain or contact an attorney to get assistance. Overpayments add up quickly and can become overwhelming to deal with along with your 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 →

Why Does The Judge Care If I Have Children

The vast majority of social security disability cases are awarded or denied by the Administrative Law Judge (ALJ) reviewing and then determining if the claimant is credible. This is especially true if the medical impairments alleged by the claimant do not meet or equal the severity required by the Social Security Administration (SSA). Unfortunately, the ALJ is the first person in the social security disability process that actually meets the claimant to access their credibility and determine if the claimant is unable to work. Therefore, the average claimant waits two to three for an informal Administrative Hearing with the ALJ. As discussed above, the ALJ has to decide if he or she believes the claimant can work or not. For this reason, almost all judges at the Administrative Hearing will ask the claimant if they have children. The ALJ ask if the claimant has children for the following reasons:

• Being a stay at home parent can be difficult. Children require meal preparation and possible transportation to and from school. Additionally, younger children have to dressed, bathed, and changed. Children need to be picked up and watched throughout the day. The responsibilities of taking care of children is very similar to full-time work. The ALJ wants to understand why you cannot work. If you are taking care of your children without any help, the ALJ might think you can work.

• The ALJ will want to know what sort of help the mother or father are receiving for taking care of their children. This is especially true for single parents. So do not be surprised if the ALJ asks you this question. The ALJ is just assuming that if the mother or father cannot work then they are unable to take care of their children solely on their own. If you have friends, family members or neighbors come over to help you with your children make sure you tell the ALJ.

• The ALJ wants to know if the claimant had any children since the claimant applied for disability or since the claimant alleges they become unable to work. Again, the ALJ is trying to determine credibility and if the claimant cannot work. If the claimant states that they cannot work and then has a child in the process of applying for disability benefits it could create suspicion to the ALJ that the claimant is not credible. This is true because the average person is not going to have a child when they know that they cannot work and pay for the care of the child.

• The ALJ is also concerned with how being pregnant affects the claimant’s ability to take prescribed medications. For example, some medications cannot be taken when the mother is pregnant. However, the SSA reviews and determines if the claimant can work with proper medical treatment and when the claimant is taking all prescribed medications. Therefore, the ALJ may believe that a pregnant mother could work if she was able to take all of her medications on a regular basis.

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 →

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.

View all author posts →

I Have Decided Not to Take My Medications. How Will This Affect my Case?

It is extremely important to recognize that you may be jeopardizing your claim for Social Security Disability benefits if you choose not to take your medications as prescribed by your doctor. It is very common for benefits to be denied if medication non-compliance is noted throughout the medical records.

Many people, due to experiencing difficult side effects, may personally decide to discontinue taking certain medications. I would recommend that if you are experiencing difficult side effects, that you discuss this issue directly with your doctor. There may be a different dosage of medication that the doctor can prescribe that may help with unwanted side effects or alternative medications in general that could be prescribed. By discussing these concerns directly with your doctor, this information will be reflected in your medical records.

The most important objective evidence to prove your disability is your medical records. As long as there is documentation by your medical providers regarding switching medications or discontinuing certain medications, there is no concern. As always, communication with your medical providers is extremely important in proving your claim for Social Security Disability. If you have any questions regarding applying for Social Security Disability, please contact one of our experienced attorneys at Hoglund Law.

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 →

How Subsidies can Help you Earn more while Applying for Disability

Social Security’s definition of disability is “ . . . the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” (20 C.F.R. §404.1505). Substantial gainful activity (“SGA”) essentially means full time work, which is usually defined as earning $1,070 per month, gross (or $1,800 if you are blind).
So what does this mean in layman’s terms? Essentially, if you are unable to gross more than $1,070 per month, you are disabled. Therefore, if you are working while applying for disability, you are generally not able to earn more than this amount, or you will be denied. So why do I keep using qualifying words such as “generally” and “usually?” Because there are many nuances and exceptions to this rule.
One such exception is Social Security’s Subsidy and Special Conditions allowances. Work is considered subsidized “. . . if the true value of your work, when compared with the same or similar work done by unimpaired persons, is less than the actual amount of earnings paid to you for your work.” (20 C.F.R. §404.1574). Examples of these sorts of subsidies and conditions include on the job coaches, doing work under continuous supervision, working in a sheltered or special environment, or even being paid full wages, despite doing less work than co-workers. If any of these conditions or subsidies exist, Social Security will attempt to determine the value the work a claimant performs contacting the claimant, and/or the claimant’s employer, supervisor(s), co-workers, job-coach, or anyone else who may have knowledge regarding the claimant’s work activity. If they find that the claimant’s work is subsidized, even if technically over SGA, that claimant may still be found disabled.
SGA, in general, is a complicate topic with many rules and exceptions. This is why it is a good idea to hire a lawyer to help explain all the ins and outs of how much you can work if you are applying 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 →