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Why An Unsuccessful Work Attempt Could Help Your Social Security Disability Case

Unsuccessful Work Attempt Social Security Claim

It’s not uncommon for Social Security Disability applicants who attempt to return to work while waiting to get their Social Security Disability hearing. An unsuccessful work attempt can actually help your disability claim. What Is An Unsuccessful Work Attempt? If you attempt to return to work and are unsuccessful you have to wait at least 30 days prior to your next attempt in employment. Your medical records should document not only why you left your initial job but any other job you attempted to do. Of course, the reason why the work attempt was unsuccessful should be related to the medical conditions...

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White House Budget Director Mick Mulvaney Needs Crash Course In The Facts About Social Security Disability

Social Security Mick Mulvaney

White House Budget Director Mick Mulvaney claims that Social Security Disability benefits are “very wasteful” according to an article in the Washington Post. They’re not interested in real facts behind the real increase in the number of American’s collecting Social Security Disability benefits. He complains that the Social Security Disability programs have grown tremendously under the Obama administration. What Are The Real Facts About Social Security? 9.3 million Americans were collecting Social Security Disability benefits prior to the election of President Obama. Some 8 years later the Social Security disability rolls have grown to 10.6 million Americans. However, what Mulvaney doesn’t understand is that...

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Can I Collect Social Security Disability Benefits and Unemployment Benefits?

Unemployment Benefits with Social Security Disability

Making the decision to stop working and apply for Social Security Disability benefits can be tough, particularly if you don’t have another source of income while you’re waiting for your Social Security Disability claim to be processed. It’s not uncommon for individuals who are having financial difficulty to apply for both Social Security Disability benefits and unemployment benefits. Many people in the Social Security Administration look at this as being inconsistent and even dishonest. Why is it inconsistent? When you apply for Social Security Disability benefits you are claiming that you are physically and psychologically unable to work. However, when you apply for...

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Can I Collect Workers’ Compensation and Social Security Benefits At The Same Time?

Workers’ Compensation Offset Settlement Attorney Florida

If you’ve been injured on the job many Workers’ Compensation statutes require that you apply for Social Security Disability benefits, particularly if you are claiming you are permanently totally disabled. Workers’ Compensation laws will allow you to collect both Workers’ Compensation and Social Security benefits, there is a cap in the amount of benefits you can collect. There is a Federal law that limits the two combined benefits to no more than 80% of your average monthly wage. This can be a complicated math calculation. Who Has The Right To An Offset? Some states even allow for a “reverse offset” that means that...

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How A Long Term Disability Claimant Can Prove Cognitive Dysfunction In Their Long Term Disability Claim

Cognitive Dysfunction Long Term Disability Claims

It’s not uncommon for cognitive problems to be caused by: Dementia Traumatic Brain Injury Brain tumors Multiple Sclerosis Acquired Immune Deficiency (AID) HIV associated Dementia (HAD) Stroke Cancer Related Fatigue Huntington’s Disease Parkinson’s Disease. Unfortunately, long term disability carriers don’t make it easy for those with cognitive dysfunction to get the disability benefits they deserve or, improperly, attempt to limit the policy holder’s benefits to just 24 months of benefits under the policy’s mental/nervous limitation. What Should Every Long Term Disability Policy Holder With A Cognitive Dysfunction Do? Neuropsychological testing is one way to establish disability. However, the neuropsychological testing should be only...

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Why Your Work History Can Make All The Difference In Getting Your Social Security Disability Benefits

work history social security disability benefits

Social Security Judges see hundreds of cases each year and hear the same story over and over. When filing a Social Security disability claim it’s crucial that you explain the following: (1) your work history, (2) evidence of work attempts. What’s So Important About Work History? The Social Security Administration and a Judge is more likely to believe someone who has a long work history. For example, if you have been a teacher for over 20 years and have difficulty as a result of a back injury, the SSA will more likely find that someone with a long work history isn’t likely to stop...

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Symptoms Long Term Disability Carriers Expect To See In A Policy Holder’s Medical Records With Lyme Disease

Lyme Disease Long Term Disability Claims Attorney

Chronic Lyme disease patients can have a long hard fight to get the disability benefits they deserve. Those with Lyme disease have many debilitating symptoms including severe: fatigue, anxiety, headaches, and joint pain. It’s a complex disease that s difficult to diagnose. Reliable diagnostic studies aren’t available and disability carriers always look for a formal diagnosis of Lyme disease based on the tell tale signs of Lyme disease: (1) the discovery of a tick on the skin, (2) a bulls-eye’s patter rash, and (3) and possible joint pain. However,  according to the International Lyme and Associated Disease Society, ILADS, points out that only “50-60% of...

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What Every Lyme Disease Social Security Disability Applicant Needs To Know About Their Medical Records

Lyme Disease Social Security Disability Claims

The Social Security Administration (SSA) doesn’t always make it easy for those with Lyme disease to get the disability benefits they deserve. Because Lyme disease can be difficult to diagnose, the SSA will closely review your medical records to determine whether the symptoms are consistent with the diagnosis of Lyme disease. That’s crucial because Lyme disease has been referred to as an “imitator” as it mimics other medical conditions which can make it difficult to diagnose and treat. What Are The Symptoms SSA Expects To See In Your Medical Records The Social Security Administration will be looking for the following symptoms of...

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You Don’t Want to Hire an Inexperienced Attorney to Represent You in Your ERISA Claim

Experienced ERISA Attorney Disability Claims

Did you know that, for the most part, benefits that you receive from work are governed by a Federal Statute known as the Employee Retirement Income Security Act of 1974 of ERISA. Employee benefits, which could include life, health, retirement and disability benefits are governed by ERISA. Unfortunately, many garden variety lawyers don’t understand the difference between an ERISA claim and a State law breach of contract claim. There’s a misconception among the public and lawyers that when you receive health, life or disability benefits through an employer payroll deduction, you have a contract with the Insurance Company. If the Disability...

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Can I Get Social Security Disability Benefits for Chronic Heart Failure?

Chronic Heart Failure Social Security

Yes! The Social Security Administration (SSA) uses a Five Step Sequential Evaluation in determining an applicant’s entitlement to Social Security Disability benefits. At Step 3 of the Five Step Sequential Evaluation, the SSA will review your medical records to determine if you have a Listing level impairment for chronic heart failure. The SSA has specific evidentiary requirements that must be met to establish that you’ve met a Listing level impairment. Your medical records must document an abnormal cardiac imagining that shows “objective measures of left ventricular function and structural abnormality in the heart.” §4.00(D)(2) You must also demonstrate that your heart condition...

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