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Does Social Security Consider Anything Other Than My Medical Conditions

In order to receive Social Security disability benefits, the Social Security Administration (SSA) must find that you are unable to do a full time job due to your medical conditions. The general rule is that they cannot consider whether someone will hire you, or whether you can find a job. However, because the SSA recognizes that older workers may have more trouble adapting to new types of employment, it will consider factors other than just your medical conditions when you reach a certain age.

The SSA groups disability claimants into 4 basic categories:

  1. Younger individuals (18 through 49)
  2. Closely approaching advanced age (50 to 54)
  3. Advanced age (55 and over), and
  4. Closely approaching retirement age (60 and over)

 

If you are in the first age group, the SSA will not consider you disabled if you are capable of ANY kind of work, including sedentary, unskilled work (i.e., simple jobs that do not require lifting over 10 pounds, or standing/walking for prolonged periods of time). However, if you are in the closely approaching advanced age, you could still be found disabled even if you are able to do sedentary work. At this age category, the SSA decision-maker will look, with the help of a vocational expert (i.e., an expert on jobs and employment related matters), to see whether you have skills that could be used in sedentary work. These skills could come from your education (i.e., a college degree or vocational training), or your past work (i.e., whether you had the power to hire and fire employees, set schedules, or do bookkeeping). If you do have skills, you would be found not disabled. If you do not have skills, you would be found disabled. When you are in the next age categories, you can still be found disabled if you do not have skills that would transfer to light work, even if you are capable of that type of work (i.e., jobs that involve lifting up to 20 pounds, and standing/walking about half the day, and sitting the other half).

There are also other ways to prove that skills are not transferable, even if you do have them. One way is if you have a severe psychological condition that would prevent you from doing skilled work. Due to the complicated nature of these rules, it is always a good idea to hire an experienced disability attorney to help you navigate this complex system.

 

By Scott J. Bowers

Domain #5 – Caring for Self

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 5. Caring for Self.  In this domain, SSA will focus on how well the child takes care of themselves, physically and mentally.  As children age, they should become more independent with regards to making their own decisions.  Children should be able to know the difference between what is right and wrong.  They should understand what their physical and emotional needs are and how to control their thoughts and maintain their well-being.

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.

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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.

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Social Security Domain #3 – Interacting and Relating with Others

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 third domain used by SSA is called 3. Interacting and Relating to Others.  In this domain, SSA will consider the child’s ability to initiate and respond to exchanges with other people, and to form and sustain relationships with family members, friends, and other people.  This would include all aspects of social interaction in all different areas of the child’s life.

Also, because communication is essential to both interacting and relating, SSA considers speech and language skills that a child would need to speak intelligibly and to understand and use language of their community.  The ability to interact and relate with others begins at birth.  A child begins to us his/her ability in early infancy when they bond with a caregiver.

As with limitations in any domain, SSA does not consider a limitation in the domain unless it results from a medically determinable impairment(s).

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.

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Social Security Back Pay

As you may know by now, applying for Supplemental Security Income (SSI) or Social Security disability benefits is not something that happens overnight. It’s a process that takes about 12-16 months to fully complete. During this time you are most likely struggling to work or completely unable to work, preventing you from making an income to support yourself. Although there isn’t much the Social Security Administration can do to speed up this process, it is possible for them to help you out once you have been granted SSI or disability benefits (Note: not all will be entitled to back pay). They are able to do this through Social Security back pay.

There are a couple of things that go into determining how much back pay you’ll receive, some of these are listed below:
• Date you become physically/mentally disabled
• Date you stop working due to a physical/mental disability
• Date you file for SSI/disability benefits
• Date you are approved for SSI/disability benefits

Your back pay will also be determined on whether you are applying for SSI or Social Security disability benefits. As long as you meet both the medical and non-medical requirements (income related) you will be eligible for back pay under the SSI disability program. If qualified, under this program you could receive back pay from the date you filed for SSI.

If you are applying under the Social Security disability benefits program, the same qualifications apply. However, what back pay you get may differ from what you’d receive under the SSI program. Not only could you receive back pay from the date you applied, but you could be eligible for back pay 12 months before your application date. The biggest difference between this program and the SSI program is the fact that once you have been approved, the Social Security Administration will only pay benefits from 6 months after your disability onset date to the present. So the first 5 months after your disability onset date will not be included in back pay (this is known as the 5 month waiting period). They have this waiting period to ensure that benefits are only being paid to those who have a long-term disability and not a short-term disability (those with short-term would not qualify for such benefits). It is important to remember, though, that this waiting period won’t affect the date that you actually start receiving your benefits.

After being approved, it could take some time to receive you back pay benefits. If you applied under the SSI program you will see your back pay benefits come to you in portions rather than all at once. They do this to prevent from going over the program limitations. If you applied under the Social Security disability benefits program, you could see your back pay benefits come to you in a lump; however, you may have to wait a little longer to receive these benefits than you would if you were in the SSI program. Just keep in mind that there is no universal date as to when you will receive these back pay benefits, they will all differ with each individual case.

https://www.ssdrc.com/disabilityquestions4-26.html

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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Are You Eligible for Social Security Disability Benefits?

Have you found yourself questioning whether or not you are eligible for social security disability benefits?  There are a couple of things you can look at on your own to figure out whether you should apply for such benefits.  One of the biggest things to look at is how your disabling condition affects your working abilities.  If your condition is preventing you from working for a full year or it prevents you from making $1,040 per month you may want to consider applying for Supplemental Security Income (SSI).  On top of that, you should apply if you are struggling for over a year at work to perform simple everyday activities, such as walking or standing, due to your disability.  You may also want to look at your past experiences at work; look at how your work abilities have been affected by your disabling condition.  Are there things you could do before that you can no longer do now? If the answer to that question is yes, you could be eligible.  However, the Social Security Administration (SSA) will look into whether or not you have a capability of doing any other type of work.  For example, let’s say you have worked all your life at a job that requires you to stand. Recently, though, you suffer from a condition that prevents you from standing for long periods of time; the SSA will try to determine whether or not you could perform well at a job where you are sitting for most of the day.  If you are capable of doing different types of jobs you will not be found eligible for SSI.  However, if you are incapable of performing at your job and at other jobs with different types of work you could be found eligible.

Aside from looking at how your medical condition affects your abilities at work, you can look at a list of impairments provided by the SSA to determine if you are disabled and eligible for benefits.  The following link will bring you to a site that lists off the impairments that are thought of as so severe they prevent an individual from performing at work environments.  If your medical condition falls under any of these impairments, you may automatically be found eligible for social security benefits and SSI by the Social Security Administration.

These were just a few ways you can go about determining on your own whether or not you should apply for social security disability.  Keep in mind these are not for sure ways to determine whether or not you will receive SSI, but rather are just mere stepping stones in to determining whether you should apply or not.

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 and the Government Shutdown

As many already know, the government has been shut down for a couple of weeks now.  Many who receive Supplemental Security Income (SSI) payments, have hearings set up regarding receiving SSI, or are seeking to start the process have questioned how the shutdown impacts Social Security.  This shutdown has made an impact on Social Security, but the field offices will still remain open; however, even though the field offices are still operating, they can only provide citizens with limited services.  For example, if you already have a hearing date scheduled, your hearing will continue.  The hearing offices will remain open during the shutdown; and as far as SSI payments go, the shutdown has no impact on how much you receive or when you get your payments.  You will receive your SSI payments as you usually do, with the same amount you usually receive.

Found on the official Social Security Administration website (https://www.ssa.gov/shutdown/) here are the following services that will continue to be provided by the field offices throughout the government shutdown:

    • Help you apply for benefits
    • Assist you in requesting an appeal
    • Change your address or direct deposit information
    • Accept reports of death
    • Verify or change your citizenship status
    • Replace a lost or missing Social Security payment
    • Issue a critical payment
    • Change a representative payee
    • Process a change in your living arrangement or income (SSI recipients only)

 

Provided by the same website is a list of services they will not be able to provide during the shutdown:

    • Issue new or replacement Social Security cards
    • Replace your Medicare card
    • Issue a proof of income letter

 

As was mentioned above, the following information can be found at the official Social Security Administration (website link above).

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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