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What Every Long Term Disability Policy Holder Should Do If Their Claim For Cognitive Disorder Has Been Denied Based On A Neuropsychological Report

cognitive problems disability claims

Unfortunately, long term disability carriers don’t make it easy for those with cognitive dysfunction to get the disability benefits they deserve or to stay on claim. One of the tactics that disability carriers routinely use is to claim that the cognitive problems are really just the manifestation of underlying psychiatric conditions. As a result, a policy holder’s benefits will be limited to just 2 years.To bolster this defense, they’ll have an “independent” medical evaluation by a “liar for hire” neuropsychologist who’s job it is to give the disability carrier ammunition to deny the claim. That’s particularly true because cognitive problems...

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Don’t Lose Your Social Security Case Because You Can’t Prove You Are Unable To Work At Step 5 Of The Social Security 5 Step Sequential Evaluation

5 step evaluation Social Security Disability Florida

When you apply for Social Security Disability benefits, the Social Security Administration uses a 5 step evaluation. More often than not, it is the 5th step that can make or break your claim for Social Security Disability benefits.At Step 5 the Social Security Administration asks if there is any other work in the mythical national economy that you might be capable of doing in view of your age, education and transferable skills. If the ALJ determines that there is other work you are capable of doing, you’ll lose. How Can I Prove That I’m Not Capable of Doing That Work? Proving you...

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The Social Security Administration’s Secret About How Long You Have To Work Before You Can Be Eligible For Social Security Disability Benefits

Age for Social Security Disability

As a requirement for becoming insured for Social Security Disability purposed you have to have worked a certain number of quarters in a certain period of time to be insured. Why Is My Age Important For Social Security Disability? The number of years you have to have worked to become insured depends on your age. Here are the number of years of work that are required to be eligible for Social Security Disability:Disabled Age: Number of Years of WorkedBefore 28 1.5Before 30 2Before 34 3Before 38 4Before 42 5Before 44 5.5Before 46 6Before 48 6.5Before 50 7Before 52 7.5Before 54 8Before 56 8.5Before 58 9Before 60 9.5 Isn’t this complicated? It gets worse! You have to have worked...

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What Every Florida Teacher Needs To Know About Filing For Social Security Disability Benefits

Teacher Social Security Disability Claims

Teachers work long and hard hours. I’m married to a teacher and I know how hard my husband works during the school year.In the course of my Social Security Disability practice, I’ve found that Social Security Judges are sympathetic to Social Security Disability applications filed by teachers. Don’t Make A Mistake In Your Social Security Disability Application It’s crucial that you don’t make a mistake when filing for Social Security Disability benefits if your doctor told you that you can no longer teach. However, the Social Security Administration uses a 5 step sequential evaluation in evaluating every social security disability claim (link)....

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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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