Social Security Disability Law» Social Security

Ask a Lawyer: Can I receive SSDI for my new disabilities without interfering with my current payments?

Spencer & Spencer — Thu, 16 Jun 2011 18:30:13 +0000

Q: Can I receive SSDI for my new disabilities without interfering with my current payments?

I am currently receiving SSDI for Bipolar disorder, and have been for about 6 years now. My question is: about three years ago I was diagnosed with bone spurs and osteoarthritis in my spine, and just recently diagnosed with diverticulitis.

I was wondering if i could receive SSDI under these new disabilities without interfering with my current payments? The reason is they still every few years make me go to a psychologist and be evaluated again, and each time I get scared they will discontinue my payment as they don’t think bipolar is a permanent disability which it is.

I’m slowly losing my balance and ability to walk and I’m in great pain daily do to my back pain and the pain in my bowels. I was thinking if I could receive SSDI under my physical disability that would be better than mental disability.

A: The answer is that Social Security doesn’t work that way.

When you apply, you are either found disabled or not based on the conditions you had at the time you were approved for benefits. You can’ t “add” conditions to the list once you’ve been approved for benefits.

If social security decides to review you to see if you’re still disabled, they should take into consideration any new medical conditions you may have developed since the time that you were first found disabled.

Also, there is no particular condition or type of condition that works better in the Social Security disability system. Being found disabled for a physical condition vs. a mental one doesn’t have any advantages.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

You may also be interested in:
FREE Social Security Case Evaluation
Ask a Social Security Lawyer
Social Security FAQs

_____________________
This blog provides general information. Do not mistake it for legal advice. Please read our disclaimer.

Ask a Lawyer: Could I get SSI for anxiety disorder??

Spencer & Spencer — Thu, 09 Jun 2011 16:21:57 +0000

We received a question from a young woman suffering from anxiety disorder. She wants to know if she can get social security disability based on her mental illness.

Q: Could I get SSI for anxiety disorder??

I am 22 years old and I cannot work anywhere because my disorder prevents me from being in crowds or driving alone etc. Could I apply and see if I can collect? I can prove that I have anxiety disorder and also that I have prescription medication for this disorder. I have been hospitalized several times for this issue. Please contact me with any info or advice you may have for me! Thanks!

A: Yes, you can get social security disability benefits for anxiety.

It sounds like your anxiety is pretty debilitating, and is preventing you from working. I suggest you file an application as soon as possible.

We do not get involved in cases until you get a denial. At this stage, there isn’t much an attorney can do to get you approved. We don’t think it’s fair to charge you a fee (as much as $6,000) for not doing much work on your case if you get approved at the initial stage. The real work for an attorney is when you request a hearing.
To apply, you can call Social Security at 800-772-1213 or fill out an application online at www.ssa.gov. If you fill out the online application, be sure to print a receipt for the application and call SSA 1-2 weeks later to make sure they have received it and are processing it.
Be aware that if you are denied, you have only 60 days from the date of the denial to file an appeal.

You may also be interested in downloading our eBook, Filing A Social Security Application. This will help you through the application process. You will need Adobe Reader to access this file. See a preview of the eBook.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

Congress is Suspicious of Children’s SSI Claims

Spencer & Spencer — Tue, 01 Feb 2011 15:00:52 +0000

A Massachusetts state representative has requested a congressional hearing to discuss the potential abuse of Social Security disability benefits (SSI) for children and teens.

Poor Follow-up on Child Disability Claims
One of the complaints about the current child disability system is that once a child is approved for benefits there is usually little to no follow-up as they age. Social Security regularly reviews adult disability recipients, but apparently does not review as many children.

In many cases, children are evaluated at the time they apply for benefits, and then never reviewed again until they reach adulthood. This may allow some children to continue to receive SSI even though their medical condition is no longer disabling.

Could Benefit Abuse Be Harming Children?
Congressman Richard E. Neal of Springfield, MD is spearheading the review of current procedures for approving and evaluating childhood disability benefits. His fear is that in many cases, children are being over diagnosed and medicated in order to qualify for disability benefits. — We believe this will probably turn out to not be true.

One of the most common disabilities that allow children to qualify for disability benefits is ADHD, which is often treated with medication. The congressional hearing will review the possibility that ADHD is being over-diagnosed, and children diagnosed with it are being over-medicated in order to qualify for disability.

Congress is afraid that in a weakened economy, where many families are facing foreclosure, reduced income, or unemployment, some turn to disability benefits as a potential lifeline to provide for their needs.

While there are thousands of truly disabled children, those legitimate cases may soon be under unnecessary scrutiny if the entire system is reviewed for potential abuse.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

Is Your Hearing the First Time You Will Meet with Your Social Security Lawyer?

Spencer & Spencer — Mon, 04 Oct 2010 19:08:38 +0000

Not at our firm.

We’ve personally observed claimants waiting at the hearing office, on the day of their hearing, to meet their lawyer for the very first time. Those lawyers are almost always from national firms, such as the ones that advertise on TV. And, it’s important to note, that they’re not always lawyers, either.

Winning your Social Security case is probably the most important issue in your life right now. Your future medical care and income most likely depend on it. We take that very seriously, and would never dream of meeting you for the first time at the hearing office.

When do we meet with our clients?

After our initial intake meeting, you will personally meet with your attorney at least two times to discuss your case –

after we get your file from Social Security to review the evidence we have and discuss what additional information we need to get, and
shortly before your hearing — for an in-depth hearing preparation appointment.

Each of these appointments typically takes 1-1.5 hours. Before your appointment, your attorney will have thoroughly reviewed your file, and will be familiar with the facts and issues in your case. You will have plenty of time to get all of your questions answered. — Compare that with meeting your attorney for the first time 10 minutes before your hearing.

You can also schedule a personal meeting with your attorney at any time to discuss specific issues in your case.

If you don’t live in Colorado Springs, and can’t make it to our office for your appointment, we will do these appointments by phone. And we will spend the same amount of time with you that we do when a client is sitting in our office.

What are the advantages of hiring a local lawyer like us?

An actual lawyer will work on your case. While our firm does have paralegals that work on your case, the person who will handle your hearing is a lawyer. The fee is the same whether you hire a lawyer or a non-attorney to represent you. Many national firms aren’t up-front with the fact that the “advocate” you hire isn’t an attorney. — At these firms, you are treated more like a number and less like a client.
We know the local judges. National firms cannot know all of the judges in the nation, let alone the specific Colorado judge you’ll get, but we do. We’ve had hundreds of hearings with all of our judges. Because of this we are better able prepare you for the hearing – each judge runs their hearings differently. And our experience with each judge helps us argue your case more successfully.
We will spend a significant amount of time and energy working on your case. Many attorneys, national firms included, do not write a brief to the judge before your hearing – but we do. Writing a detailed brief takes a lot of time, but we feel that a written argument helps the judge understand exactly how the evidence shows that you are disabled. The Social Security system is extremely backlogged, and the judge only has so much time to spend looking at your case file. The brief helps the judge sort through the information and ensures that they will not overlook important evidence. Writing the brief also helps your attorney to make sure nothing important has been missed.
We are always well prepared for your hearing. At our firm, you can be assured that your attorney will know your case inside and out. If the judge asks “Counsel, where can I find this important piece of evidence in the file?” the last thing you want is your attorney fumbling through the file trying to find it, or worse yet, to say “I don’t know your honor.”

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

No More Paper Checks for Disability Recipients

Spencer & Spencer — Thu, 09 Sep 2010 21:18:17 +0000

Currently, Social Security recipients can receive their benefits either by direct deposit or paper check. But there is a change coming in the near future that you should be aware of.

If you apply for Social Security disability benefits on or after March 1, 2011 you will be required to sign up for direct deposit or the Direct Express MasterCard.

If you are already receiving benefits before March 1, 2011, you will have until March 1, 2013 to sign up for direct deposit. If you do nothing, you will be automatically enrolled in the Direct Express program.

If you think you want to sign up for the Direct Express card, be sure to read their frequently asked questions, and familiarize yourself with the fees you might be charged for using the card.

One of the main drawbacks to the Direct Express card is that it does not automatically send you a statement of your deposits and withdrawals like a bank does. This can make it difficult to keep track of your spending and deposits.

You can request that Direct Express send you a monthly paper statement, but there is a monthly fee, and you have to call them to sign up for this service. You can also go online if you have computer access and check your transaction history.

If you sign up for Direct Express, we recommend that you either sign up for the monthly statement or be sure to check your account transactions on a monthly basis on their website.

There is also some legitimate concern about the safety of the card.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

Things a Judge Will Not Consider at Your Disability Hearing

Spencer & Spencer — Thu, 02 Sep 2010 18:10:56 +0000

If you have applied for Social Security disability you probably don’t realize that many of the real-world circumstances you find yourself in won’t be considered by the judge that will hear your case.

The judge won’t consider:

That you cannot find a job
The fact that there are no job openings where you live
That you may live in a small town or rural area
The fact that you would not actually be hired for a job
Your desire to not work at a particular job (i.e., “I could never do sales”)
That you can’t take care of your family AND work
That you can’t pass a company physical
That employers won’t hire you because you you have a felony conviction
The tough economy, and lack of jobs in general
That you’ve been a stay-at-home mom and have no work experience
That you’ve always been a high-wage earner, and you can’t possibly work at some minimum-wage job
Your financial problems: That your house is in foreclosure, or that you are homeless

So, what does the judge look at?

The judge considers the facts in your case, and uses the 5-step evaluation process to determine if you meet the requirements for disability. They look at your functional ability to perform work. In other words, could you do a job that has certain physical and mental requirements?

It is an artificial way to look at disability claims, but unfortunately it is the way Social Security disability claims work.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 5: Other Work)

Spencer & Spencer — Mon, 30 Aug 2010 17:14:23 +0000

Please keep in mind that a lot of the terms used by Social Security to determine disability have specific legal meanings and probably don’t mean what you think they do.

Step 5 is usually the most complicated step in a Social Security disability case.

It is also the one that we most frequently get to in the cases we take to hearing. At step 5, Social Security decides whether there is “other” work you can do. This includes the easiest, most unskilled work you can think of.

What is considered at Step 5?

If you are under age 50, Social Security takes your physical and mental restrictions that it decided you have in Step 4, and then looks to see if there is other work you can do. If you are over age 50, different rules apply, see below.

To decide if there is other work you can do, consider one of the jobs we run into a lot, and see if you think you can do it. This job is easy both physically and mentally.

Surveillance System Monitor

It requires you to look at video monitors, and report any unusual activity in a place of business.
The job allows you to sit and stand as needed.
There’s no special training or education required to do this job.
You don’t have to have much contact with other people.

This is the type of job we see repeatedly, and have to find ways to convince a judge that you cannot do it.

This can be a difficult job to overcome, but we comb through the medical evidence in our client’s cases, and try to get specific information from their doctor that will help us prove that they cannot do jobs like the one listed above.

What hard evidence do you think you have in your case that will convince a judge that you cannot do an easy job like this?

What if I am over 50?

If you are over 50 years old, Step 5 is applied a bit differently to your case.

Social Security considers:

Your age
Your education
The physical requirements of your past work

and then looks to see if you can be found disabled under the Medical-Vocational Guidelines, popularly known as the “grids.” In general, the older you are, the easier it is to be found disabled under the grids.

Note that there is one grid rule that applies to people under 50, but to be found disabled, you have to be illiterate.

Bottom Line

Things that make it difficult to prove disability at step 5:

You are under age 50
You are highly educated
You did easy work (not physically demanding)

The 5-step process:
Step 1: Are you earning SGA?
Step 2: Has your condition lasted long enough?
Step 3: Do you meet or equal a listed impairment?
Step 4: Can you do your past work?
Step 5: Can you do other work?

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 4: Past Relevant Work)

Spencer & Spencer — Mon, 23 Aug 2010 22:14:37 +0000

Please keep in mind that a lot of the terms used by Social Security to determine disability have specific legal meanings and probably don’t mean what you think they do.

Assuming that you do not meet or equal a listed impairment at step 3, Social Security next decides whether or not you can do work that you have done before.

If Social Security decides that you can do your past work, they will find you not disabled.

To prove that you cannot do your past relevant work, you must be able to show that you cannot do any work that you have done in the past 15 years.

For work to qualify as “past relevant work” you must have:

earned SGA at the work (SGA changes over time, so it is the SGA level that was in place at the time you did the work)
done the work long enough to have learned how to do it (this is a bit complicated for a blog post, but just know that SSA has some resources it uses to determine this)

So, you may not have any “past relevant work” if you did not work at any job for very long, or if you have not worked for more than 15 years, or have never worked.

Proving You Can’t Do Your Past Relevant Work

After deciding what your past relevant work is, Social Security takes a closer look at that work and decides if you can still do any of it.

SSA looks at what it thinks your physical and/or mental restrictions are, and then determines if you can do your past work.
It doesn’t matter if that job or the employer no longer exists.
As with all legal matters, to know that you can’t do your past work is one thing, but to prove it can be difficult.
Essentially, to show that you cannot do your past work, you have to take your easiest job (both physically and mentally) and then figure out why you cannot still do that kind of work.

One interesting thing to note about the way Social Security analyzes cases at step 4 is that it not only looks at they way you performed your job, but also how it is “ordinarily done.” — If you can still do the job either as you did it or as it is usually done, you will be found not disabled.

Bottom Line

If you had an easy job in the past 15 years that you can still do, then you will not qualify for Social Security disability benefits.

Once you are found unable to perform your past work, or if you do not have any past work for Social Security to consider, the analysis moves on to step 5.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

Where Can I Get Help with Medical Care While I Am Applying for Social Security Disability?

Spencer & Spencer — Tue, 08 Jun 2010 17:01:23 +0000

This post will cover the two most urgent needs that you will face while you wait for your claim to be processed by Social Security: medical care and prescription coverage.

Getting medical care when you have filed an application for disability benefits is crucial. Social Security places a big emphasis on what is in your medical records.

Where can I get medical care in Colorado?

The first place to start is by filing an application for Medicaid.
You can see a list of Community Health Centers in Colorado. Our state’s Community Health Centers ensure that Colorado’s low income residents have access to affordable primary health care. They also provide limited access to specialists.
You can see a list of medical providers in Colorado that accept CICP.

How can I get my prescriptions paid for?

Colorado Springs TLC Pharmacy – 555 E. Costilla St. For a $15 annual enrollment fee and verification of eligibility, people in need can get almost any medication they need for free.

There are several programs that will give you free or low-cost prescriptions. You will need your doctor’s office to assist you with the paperwork for most of these programs.

DrugInfoNet – Pharmaceutical information, with a searchable index of medications.

Helping Patients – The Partnership for Prescription Assistance brings together America’s pharmaceutical companies, doctors, patient- advocacy organizations and civic groups to help low-income, uninsured patients get free or nearly free brand-name medicines.

Needy Meds – This site publishes a list of information about drug company programs that supply free medication to qualified people. This site lists the medications and contact information for the drug companies that produce the medication.

Free and Low Cost Prescription Drugs from The Cost Containment Research Institute.

Together RxAccess With the free Together Rx Access™ Card most cardholders save 25%–40% on over 300 brand-name prescription drugs and other prescription products, as well as save on a wide range of generic drugs.

BenefitsCheckUp helps thousands of people every day to connect to private or government programs that help them pay for prescription drugs, health care, utilities, and other needs.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

Should I Appeal My Social Security Disability Claim to Federal Court?

Spencer & Spencer — Thu, 03 Jun 2010 18:40:18 +0000

If your claim is denied by a judge, and you appeal to the Appeals Council, your only option for appeal at that point is to appeal it to the federal court.

In most cases, you have only 60 days from the date you received the denial to file your appeal. (Some cases only get 30 days to appeal. This applies if you’ve already been to Federal Court on your case).

When deciding whether or not to appeal your case to federal court, you must assess whether the Administrative Law Judge (ALJ) who denied you:

followed all of the laws, rules and regulations regarding Social Security claims, and
properly considered all of the evidence in your case.

The important thing to remember about appeals is that the appeal is not about whether or not you’re disabled. It’s only about the legal mistakes the judge made when they denied you.

Some common errors or issues to look for are:

Did the ALJ properly discuss all of the medical records?
Which evaluation(s) did the ALJ give controlling weight to in the decision?
What evidence did the ALJ use to decide you’re not disabled?
What evidence supports your disability? And what did the ALJ do with this evidence?

If you think there may have been an error in your case, you should contact an attorney. Appeals to federal court can be very complex and detailed knowledge of Social Security law is required to win your case.

To file your appeal in the Federal Court of Colorado, you have to file several documents, including:

a complaint,
a civil cover sheet,
summons
and the filing fee

The complaint is not a form that the court uses. It is a pleading that sets out what the issues are in your case. The court also requires that all documents be filed electronically, unless you do not have an attorney.

Because a short deadline is involved (only 60 days to appeal), you should contact an attorney who handles federal court appeals a soon as possible after receiving your denial from the Appeals Council.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 3: The Listing of Impairments)

Spencer & Spencer — Thu, 27 May 2010 14:17:43 +0000

Please keep in mind that a lot of the terms used by Social Security to determine disability have specific legal meanings and probably don’t mean what you think they do.

Social Security has a list of impairments that it uses at this step to determine if you are disabled.

If your impairments is on the list, you must meet or “equal” the requirements as described by Social Security.

For example, if you are an epileptic Listing 11.02 might apply to you.

11.02 Epilepsy – convulsive epilepsy, (grand mal or psychomotor), documented by detailed description of a typical seizure pattern, including all associated phenomena; occurring more frequently than once a month, in spite of at least 3 months of prescribed treatment.

With:
A. Daytime episodes (loss of consciousness and convulsive seizures), or
B. Nocturnal episodes manifesting residuals which interfere significantly with activity during the day.

If you are an epileptic, you may not meet the requirements, but you may “equal” the listing, which means that your impairment doesn’t exactly meet the listing, but the limitations you have as a result of your impairment are as severe as they would be for someone that meets the listing.

Step three is pretty simple, if you do not meet or equal of one of the listed impairments, you move on to step 4 of the 5-step process. If you do meet or equal a listing, you will be found disabled and awarded benefits.

Social Security uses a different method to determine if a child is disabled.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 2: Severity & Duration)

Spencer & Spencer — Sat, 22 May 2010 14:22:14 +0000

This is the second installment of our explanation of the 5-step process that Social Security uses to determine if your are disabled.

Please keep in mind that a lot of the terms used by Social Security to determine disability have specific legal meanings and probably don’t mean what you think they do.

After Social Security decides that you are not earning SGA, they move on to step 2. At this step, they decide if your conditions are “severe,” and will they last long enough.

1. Is your condition severe?

The legal standard that Social Security uses to determine if a condition is severe is whether it will impact your ability to work.

This is not hard to meet.

2. Has your condition lasted long enough?

Social Security looks at whether your condition has lasted 12 months or is terminal. What they mean by terminal is whether it will result in death soon.

For example, Multiple Sclerosis is terminal (if you live long enough with MS, it will kill you) but many people are able to live long lives and are able to work with MS. So, keep in mind that some conditions will eventually end in death, but not all of those conditions meet Social Security’s standard.

More people will fall under the 12-month standard: your condition must have lasted 12 months, or be expected to last 12 months.

This doesn’t mean that you have to be disabled for 12 months before you can apply. You can apply at any time if you think you cannot work.

But for the 12 months to apply to you must:

be disabled (or be expected to be disabled) for 12 consecutive months, and
not earn SGA during those 12 months.

Determining whether or not you’ve earned SGA is a bit complicated. An experienced lawyer will be able to determine if you meet this part of the 12 month requirement.

Social Security uses a different method to determine if a child is disabled.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

Who Can Apply for Social Security Disability?

Spencer & Spencer — Tue, 11 May 2010 18:30:44 +0000

Anyone who is under retirement age and disabled can apply for and receive Social Security disability.

Children under the age of 18 can apply and receive children’s SSI benefits.

If you are over 50, but have not reached retirement age, there are some rules in the Social Security system that may make it easier for you to get disability benefits.

But it doesn’t matter what age you are. If you cannot work, or your child cannot function like other children his or her age, you should file an application for disability benefits.

How do I apply?

1. Call Social Security at 800-772-1213, or

2. Fill out an application online at www.ssa.gov. If you fill out the online application, be sure to print a receipt for the application and call SSA 1-2 weeks later to make sure they have received it and are processing it.

We have a FREE eBook about applying for Social Security.

Download our free eBook, and you’ll get:

Tips for Filling out Forms from Social Security:
• Find out what is the most important question on the Function Report.
• Learn what the traps are on the Work History form.

Tips for Social Security Medical Examinations:
• Get a form you can fill out after your examination.
• Learn how to get your doctor to do the examination, rather than theirs.

Information About :
• Getting medical treatment.
• Making sure your conditions get documented in your medical records.

See a preview of the eBook

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

How Does Social Security Decide Disability for a Child?

Spencer & Spencer — Tue, 27 Apr 2010 14:24:20 +0000

Deciding whether a child is disabled is very different than it is for disabled adults. With adults, we have to prove that they cannot work.

Children, on the other hand, are compared to other children their age to determine how limited they are by their medical conditions.

The three things Social Security looks at are:

1. any wages the child earns,
2. their ability to function on a daily basis, and
3. whether they meet a listed impairment.

1. Is the child earning SGA?

See our discussion of SGA. This analysis is the same for adults and children. Once it is determined that the child isn’t earning SGA, they move on to step 2.

2. The areas of function are:

Cognitive/Communicative: ability to learn, understand and solve problems.
Motor: gross and fine motor skills.
Social: ability to form and maintain relationships.
Responsiveness to Stimuli (Birth to age 1 only): respond to visual, auditory or tactile stimuli.
Personal: ability to take care of personal needs.
Concentration, Persistence or Pace: ability to sustain attention and concentration.

The requirements for a child to get Children’s SSI are that they must have a “marked” impairment in two areas of function, or an “extreme” impairment in one area.

“Marked” and “Extreme” are defined as:

Marked: a limitation that interferes seriously with the child’s functioning. When a standardized test is used, a valid score which is more than two standard deviations below the norm is a marked limitation. Children younger than 3 have a marked impairment if they are functioning at a level which is more then one-half but less than two-thirds of their age.

Extreme: no meaningful function in this area. When a standardized test is used, a valid score of three or more standard deviations below the norm is an extreme limitation.

Neither of these are easy to prove. Many children are found to have “moderate” limitations in several areas, but no marked or extreme limitations.

And what does this mean for your child’s disability case? It means that getting disability will probably be an uphill battle. Over the past decade or so, Social Security has made it more difficult for children to get SSI.

But this doesn’t mean you should give up.

Medical records, school records and records from therapists such as language, physical and occupational can help. These are generally what we use to show that a child has a “marked” or “extreme” impairment. Testimony from friends and family who have seen the difficulties that the child has can also be helpful.

Knowing what evidence is going to convince a judge that your child has two marked or one extreme limitation(s) is only something that an experienced Social Security lawyer can tell you. Each child is different, and has different levels of limitation.

3. Does your child meet a listed impairment?

If your child doesn’t meet the functional-standard explained above, the next thing to look at is the listing of impairments.

Social Security has a list of impairments that it uses to determine if your child is disabled. If the requirements for any condition are met, then your child will be awarded benefits.

We have handled quite a few children’s SSI cases, and although we have been very successful, they have been some of our more challenging cases.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.

How Much is SSDI Increased Every Year?

Spencer & Spencer — Tue, 20 Apr 2010 14:23:13 +0000

SSDI is increased each year according to the Cost of Living Adjustment (COLA) for that year.

Social Security law states that benefits will increase automatically each year if there is an increase in inflation. (In general, the COLA is equal to the increase in the Consumer Price Index. If there is no increase in the Consumer Price Index, then there is no adjustment in benefits that year).

On the other hand, Social Security benefits cannot be reduced even if there is deflation. Deflation is a decrease in consumer prices that drives inflation below zero.

For the current COLA information, visit SSA’s Website.

If you liked this post, you can get more updates: subscribe to our RSS feed, subscribe to E-mail updates, follow us on Twitter, or become a Facebook fan.

If you'd like to talk to an attorney about your Social Security case, please contact us via e-mail, phone, or the Internet.