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Social Security Disability (SSD)

CaveyLaw.com > Social Security Disability (SSD) (Page 4)

What Every Social Security Disability Applicant with Cardiovascular Problems Needs to Know About Meeting a Cardiological Listing

Cardiovascular Problems Disability Attorney Claims

[vc_row triangle_shape="no"][vc_column][vc_column_text]The Social Security Administration (SSA) uses a 5 step sequential evaluation in every Social Security Disability claim to determine whether or not the applicant is entitled to Social Security Disability benefits. At Step 3 of the 5 Step Sequential evaluation, the Social Security Administration will ask if you meet the elements of cardiovascular listing 4.00. If you meet Listing 4.00, you will automatically be entitled to you disability benefits at Step 3. What is a Cardiovascular Impairment? The SSA defines a cardiovascular impairment as “any disorder that affects the proper function of the heart or the circulatory system including arteries, veins, capillaries...

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What Every Social Security Disability Applicant Needs to Know about Exercise Tolerance Testing ETT

Exercise Tolerance Testing ETT

[vc_row triangle_shape="no"][vc_column][vc_column_text]If you’ve been diagnosed with cardiological disease, you may be entitled to Social Security Disability benefits. You can be awarded those benefits at Step 3 of the Five Step Sequential evaluation if you can establish that you meet every element of a Listing for chronic heart failure. Part of the criteria requires the results of exercising testing or, alternatively, documentation the performance of an exercise test (ETT) would present a significant risk to you. Who Makes the Determination of Whether I can Undergo ETTs? Not your doctor! The Social Security Administration (SSA) requires that a medical consultant determine whether or not undergoing...

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How A Great Social Security Decision Can Potentially Help Long Term Disability Policy Holders

[vc_row triangle_shape="no"][vc_column][vc_column_text]Many disability policies will have limits on how long benefits can be paid for mental illness and will require that a policyholder gets active treatment. Unfortunately, it’s not uncommon for policy holders who have mental illness to have difficulty getting medical treatment. In a recent Social Security Disability case, Punzio v. Astrue, 630 F.3d 704 (7th Cir. 2011), Judge Posner, one of the leading Judges in the 7th Circuit, points out that the difficulty performing activities of daily living, small improvements of mental illness, failure to get treatment is the symptoms of the disease and aggravating factors. Many disability insurance carriers will pounce...

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How Reduced Productivity Can Increase Your Chances Of Getting Your Social Security Disability Benefits

reduced productivity disability substantial work

The Social Security Administration doesn’t make it easy for those who are disabled to get the Social Security benefits that you deserve.  However, if your productivity at work is reduced by 15 to 20% because of a physical medical condition, you have a good chance of getting your Social Security disability benefits. What Do I Have To Prove If My Productivity Is Reduced? You’ll have to prove that your medical conditions prevents you from doing substantial work on a continuous and sustained basis.  If you can prove that your medical condition has decreased your productivity by at least 15% of the accepted...

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How Reduced Concentration Persistence and Pace Can Improve Your Chance Of Getting Social Security Disability Benefits

One way to qualify for Social Security disability benefits is to prove that your medical condition prevents you from doing substantial work on a continuous and sustained basis.  If your medical condition has reduced your productivity by at least 15% of the acceptable level, you have a better chance of getting your Social Security disability benefits. Concentration, Persistence and Pace of Social Security Disability The Social Security Administration (SSA) uses the terms “concentration, persistence and pace” to describe a Social Security disability applicant’s ability to focus on their work and to maintain the concentration, persistence or pace required of their job. If your...

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Are You Entitled to Social Security Disability Benefits Because Of The Side Effects of Medication?

Side Effects of Medication Social Security Disability Benefits

The Social Security Administration (SSA) doesn’t always make it easy for those who can’t do substantial work on a continuous and sustained basis to get the Social Security disability benefits they deserve. However, one way you can win your benefits is to prove that your medical condition has reduced your productivity by 15%.  If your side effects from medication that interfere with your productivity. You may be able to get your Social Security disability benefits. What SSA is Looking For In Your Medical Records SSA will be looking at your medical records to see if the medication you are taking causes significant side...

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Social Security Disability Applicant With Diabetes: Getting The Cooperation And Assistance From Your Doctor

Assistance From Your Doctor Social Security Disability

It’s crucial that your doctor support your claim for Social Security disability benefits.  You should lay the ground work with your physician as quickly as possible as that is the key to getting the disability benefits that you deserve. You should tell your doctor the symptoms you have as a result of your medical condition.  The more problems that you have functioning as a result of those symptoms the better. You or your attorney should give your doctor a Diabetes Residual Functional Capacity form to complete.  The Residual Functional Capacity form that will address the following: The objective basis of the diabetes diagnosis, The...

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What Every Disability Policy Holder Needs to Know About a Form Selection Clause And Insurance

Form-Selection-Clause-Social-Security-Disability

Many disability insurance companies will write their insurance policies to provide that any claim or action has to be filed in a specific district. For example, it could be a district court that is not particularly favorable to ERISA disability policy holders. The general rule is that a “form selection” clause in the disability plan or policy will govern where a lawsuit should be filed. What If There Isn’t Form Selection Clause In My Disability Policy? Under the Federal Rules of Procedure, the court will look to a number of factors including where the principal place of business the disability insurance company is located...

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Disability Insurance Trust Fund Funded Through 2020

Disability-Insurance-Trust-Fund-Social-Security-Disability

Many Social Security Disability applicants are concerned about the solvency of the Disability Insurance Trust Fund. Where Does The Trust Fund Get It’s Money? The Trust Fund in part, gets it’s money from the withholdings held from paychecks.  When you look at a paycheck you’ll see “FICA” withholdings.  Part of that money goes into the Trust Fund. Congress has passed a “Bipartisan Budget Act of 2015" which extends the solvency of the Trust Fund to run through 2020.  That’s great news for those who are on Social Security Disability benefits! What Should I Do If My Social Security Disability Claim Has Been Denied? If your...

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The Back Log In Social Security Hearings Gets Worse!

Back Log In Social Security Disability Hearings

Did you know that as of August of 2015, the national average and processing time for a Social Security disability application through the date of hearing was 517 days. Over the last 7 years there has been an attempt to reduce the delay but, unfortunately, things have gotten worse. What Are The Reasons For The Social Security Back Log? The reasons for delay are, in part, because the number of decisions made by Administrative Law Judges has decreased over the last 5 years because of an increase emphasis on “decisional quality”. The Social Security Administration has found “more quality issues” related to favorable decisions...

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