Do You Qualify for Social Security Disability?

One of the main reasons people that are disabled and can’t work as they used to before a disability occurred don’t apply for benefits is that they think that they don’t qualify for benefits. They just aren’t sure what the qualifications are or just don’t apply because they assume that they won’t qualify for one reason or another. There are some guides available online that help you determine your eligibility.

Qualify for Social Security Disability

Social Security Disability Qualifications
There are two basic qualifications that you need to examine to determine if you would qualify for social security disability benefits. There’s the work requirement that is based on how many credits for working you’ve received in your life towards social security. The amount of your wages in a year will qualify you for credits, and this amount can change from year to year. You typically will need about 40 credits to qualify for disability payments with 20 of these credits being earned in the previous 10 years before your disability. This may not be the case depending on your age at the time of your application.

There’s also the requirement of having an eligible disability that causes you to be unable to work. Under social security’s definition of an eligible disability, you can no longer complete the work that you did formerly, you cannot adjust to other work because of the disability, and your disability is expected to last for at least a year’s time or result in your death. You can also check to see if your disability falls under the listing of an eligible disability. Social security has created several videos that can walk you through the basics of the claims process, as well.

Still Have Questions?
It’s easy to still be confused about whether or not your particular situation will qualify you for social security, especially if you’re younger and may not have the full amount of credits typically required or if you’re applying for your dependent child. Every situation is a little different when it comes to social security, and that’s why they have the appeals process in place to give your application a second look.

The Clauson Law Firm can help you to understand whether or not you qualify for social security disability. We can assist you with going through the application process, and answer any questions that you may have about this undertaking. It can be intimidating to go it alone, but you can have help in this process.

Contact us today to get advice about your specific situation and applying for benefits.

Qualifying for Social Security Benefits for the Disabled Is Impossible, Right?

In theory, anyone can apply for Social Security disability benefits; though not everyone who applies will have their claim approved, all Americans have the option to at least submit an application. However, in reality, there are many barriers that prevent people from applying for benefits in the first place – mainly out of a belief that the application process is too difficult. Either people are unsure where to start, or they think that there are too many steps and they will never have the time or the know-how to complete them all.

Qualifying for Social Security Benefits for the Disabled Is Impossible, Right?

Unfortunately, thinking this way can prevent people who would otherwise have received benefits from getting the help that they need and deserve. Therefore, it’s helpful to understand the Social Security disability application process, so that you don’t have to feel overwhelmed or uninformed. You can then take the steps you need to submit your application and start on the path toward receiving your benefits.

To start, you will have to get an application from your local Social Security office, which can be done over the phone or by visiting in person; if you are applying for Social Security Disability benefits (instead of SSI), you can also apply online. Disability determination services (DDS) will then review your claim in your state’s Social Security office, and will let you know (usually within a few weeks) whether your claim has been accepted or denied. You will also be asked to provide supporting documents, including medical documentation, during the process.

Thankfully, there are several ways to determine eligibility before you start the application process, so that you can know whether it is worth applying. First, is your condition, illness, or injury impacting your ability to work and provide for yourself or your dependents? DDS looks at whether you can be engaged in productive employment or not in your current condition when considering whether to give you benefits. Second, have you had the condition for at least a year? And finally, do you have supporting documentation (such as from your hospital, doctor, or treatment facility) that testifies to the medical impact of your condition?

Is My Arthritis Severe Enough for Eligibility for SSDI?

Social Security disability insurance is something that many people have questions about whether or not their condition may qualify them to receive payments. Some people just assume that their condition isn’t severe enough to qualify them for Social Security disability payments while others give up before even trying thinking that it’s just too hard. The good news is that there is a clearly defined definition of the different conditions that are eligible for Social Security. Inflammatory arthritis is a condition that falls under immune system disorders that are eligible.

Is My Arthritis Severe Enough for Eligibility for SSDI

Qualifications of Arthritis

Now, just having arthritis itself doesn’t qualify you for Social Security disability insurance. It has to fall under the label of severe meaning that your arthritis causes you to have problems with mobility, severe symptoms, and/or an impact on how you are able to live daily life in regards to your function.

Option of Medical-Vocational Allowance

There are some people that qualify for Social Security disability insurance because of their severe arthritis. You may be worried that your arthritis does not have the specifics that are required in the Blue Book section for inflammatory arthritis. The good news is that there is still options for you to qualify for Social Security disability insurance. The way that you can do that is through medical-vocational allowance. This is based on your level of functioning and your job history. If your level of functioning will not allow you to work in your job or a comparable job, you can still be eligible.

If you believe that your situation will qualify you under the medical-vocational allowance, it’s a good idea to have a lot of detailed information about your job history and your medical condition. It can be helpful as well to have your doctor fill out your residual functional capacity, also known as the RFC, form for you. You may be denied benefits the first time around as happens to many individuals, but that is when the appeals process comes into play.

Still not sure whether or not your arthritis is severe enough for you to be eligible for Social Security disability insurance? Speaking with an attorney familiar with Social Security disability is a natural next step to help guide you through the process. This can be a good way to learn more about applying and to see how your particular situation will fit into the blue book or going through medical-vocational allowance.

Contact us with any questions that you may have about filing your claim for Social Security disability insurance.

How to Choose the Right Disability Attorney

If you are considering filing for disability, then you owe it to yourself to hire legal representation. Although the law is fairly clear concerning what does and does not constitute disability, that doesn’t mean it can’t be a difficult and confusing process. Having an attorney present and on your side can help make your journey through the muddled legal process a much easier one, resulting in less stress for you, as well as a generally much quicker response time, allowing you to get the money you need and deserve sooner rather than later. The good news is that the fees an attorney is allowed to collect for such a case are regulated, so you don’t have to worry about the best lawyers coming at a high price; you are free instead to seek out an attorney based on the highest qualifications, rather than the easiest budget! So, if you’re looking for legal representation, here are some things to consider:

Disability Attorney

Experience

The first thing you need to do is find out how much experience your prospective attorney has. Is it an old, established law firm with a reputation for success? Or is it a guy fresh out of law school working out of the trunk of his car? While that guy might know the law, a lack of experience can mean headache and hassle on your end, and when you are already dealing with a disability, the less hassle, the better!

Staff

The next thing you need to do is find out about the firm itself. In addition to the experience of the attorney him/herself, you need to look at the rest of the staff. Does your future attorney have significant manpower in place to help with your case, or is it a one-man show? Is he or she bogged down by other cases because the workload is too much, and there aren’t enough people to help? This not only affects the quality of the work you get, but it also affects the timeliness in things like filing appeals. Because you’re already dealing with the SSA–an agency not generally known for its speedy processing time–the last thing you need is a well-meaning attorney who simply doesn’t have the time to devote to your particular case.

Previous Client Reviews

Finally, you should see what other people have to say about your prospective attorney. All of the experience and staff in the world can not make up for an attorney that does substandard work, and really the only way to know if that is the case or not is by seeing what other people have to say. So, don’t be afraid to read online reviews, talk to former clients, or ask around. Good (and bad) attorneys quickly develop a reputation, and that reputation should go a long way in helping you decide which attorney is ultimately right for you and your situation.

So, as you start to weed through the morass of regulations that is the Social Security Administration, remember that the journey can be much easier with the right wingman. By doing a little research, you can be sure that you have found the attorney that will work to help you get your claims finished as quickly and pain-free as possible.

Do I Qualify For Social Security Disability Benefits After a Stroke?

Annually, statistics show that almost 800,000 people in the United States will suffer a stroke. Roughly 25% of these will be suffering their second or third stroke, while the remaining ¾’s will be experiencing their first. Stroke is one of the most common causes for long-term disability and loss of various bodily functions.

Social Security Disability Benefits

Regardless of whether it is your first time, or if you’ve become impaired as a result of several attacks, you can likely qualify for disability benefits after your stroke with the Social Security Administration (SSA).

Most cases of strokes occur in those already over the age of 65, the age of retirement, however, about 1 in 4 people who have suffered a stroke are under that age, and face significant difficulties with an inability to work. In addition, the hospital bills are significant, your cost of living is going to hike up, and you’ll find that many of even your daily activities are now much more difficult.

Applying for disability after your stroke is a smart way to help alleviate the incoming financial burden. It won’t eliminate all of the difficulties of having a stroke, but will allow you to keep your head above water and focus on recovery and improving your quality of life.

However, when applying for disability benefits after having a stroke, your processing will tend to go differently than most other cases due to the nature of strokes. This is because the long-term effects of a stroke cannot be determined until about 3 months after the strokes occurrence, and the SSA delays claims until at least that period is over.

Following the guidelines of the SSA’s blue book, in order for one to qualify for disability, the stroke must have caused you to lose your ability to speak and/or write effectively, or caused the inability to move at least two of your extremities in a coordinated fashion.

If these two conditions are not met, you can also apply based on a significant loss of vision, although you have to file your claim a bit differently as a blindness claim.
Lastly, if the effects of your stroke don’t satisfy these different requirements, you can apply for benefits through a ‘medical-vocational allowance’. Effectively, this is a claim saying that the stroke as affected you significantly enough that you cannot return to your past work and that you are unable to perform any other suitable work. This takes into account the types of jobs you’ve held previously, what kind of work you would need to be able to perform in order to support yourself and your family, and also your age.

To learn more about how to apply for disability benefits or medical-vocational allowance claims, visit our website.

How Do I Apply for North Carolina Social Security Online?

The North Carolina Social Security Administration (SSA) offers benefits to those with medical conditions which limit the ability to work. With conditions expected to last at least one year or result in death, benefits provide supplemental income to ease the impact of not being employed and provide for medical treatment. It is important to keep in mind that the SSA’s goal is to help you.

How Do I Apply for North Carolina Social Security Online?

Medical conditions resulting in the need for benefits may increase the difficulty of applying for Social Security. However, the SSA works to streamline the process through free online applications. And, a disability attorney offers expertise and support to the applicant should you choose to hire one.

To apply for Social Security benefits:

1. Gather Information.
The process starts at ssa.gov where a checklist of required documents helps you gather needed information before beginning the online application. A sampling of data you need to know includes information and documentation pertaining to:

— Social Security number (and those of your spouse and children).
— Birth and citizenship.
— Marriage, divorce and children.
— Military service.
— Current employment and work history.
— Medical conditions.
— Medical professional and treatment history.
— Education and training.
— Banking information.

2. Begin the Online Application.
Once you have gathered your information, visit ssa.gov/disabilityssi and click “Apply for Disability” to begin the online application. Completion of the multi-step application takes one to two hours. However, breaks are allowed and your work is saved as you go.

Getting started on the application process even before you collect all documentation is recommended. The SSA will help gather needed documents. And, holding up the application process while you find them on your own delays a decision.

An email or snail mail confirmation of your application will arrive in your mailbox.

3. Await a Decision.
After the application is submitted, SSA determines your eligibility for benefits. If more information or documentation would assist the decision, the agency will contact you. Also, checking your application status is available to you online.

The decision regarding your case will be mailed to you. While an online application speeds up the process, a determination still takes three to five months. Patience is required.

Applying for North Carolina Social Security online allows you to get started on the process without waiting for an appointment and in the comfort of your home. Plus, online application time can be divided to accommodate your condition and endurance. Having an advocate at the computer with you helps as well.

To answer your questions regarding North Carolina Social Security benefits, contact us today.

Why You Should Seek Medical Care after an Accident

Car accidents are nothing to joke about. Even the smallest of fender benders can have some dangerous effects that you may not have initially felt. Therefore, it is vital that you go get yourself checked immediately following an accident.

Why You Should Seek Medical Care after an Accident

Medical Implications

When you are exposed to such an event, your body produces chemicals that are supposed to help your body defend itself. Adrenaline and various endorphins serve as a natural painkiller; you may have heard of endorphins when referring to exercising. Therefore, when your body goes through a traumatic event, you may not feel pain or it may not be as strong of a response as it appears to be initially. But, when your body calms down, those painkilling entities subside and you may start to feel that pain later. The time span differs for everybody. As a result, you should seek medical attention even if nothing seems to “hurt.”

Legal Implications

Lawyers have to be very tricky to be good at their jobs. To win their case, they have to poke holes in everything. If you did not go to the emergency room or to see a doctor right after the accident, they can argue that you hurt yourself later, or that the condition wasn’t that severe because you didn’t need care. It can be very easy to spin a “fraud” story if you claimed to be seriously hurt from the accident when you didn’t seek any medical care until two or three days after the accident. By going to get yourself checked out, you can provide the necessary documentation to prove your injuries and get the reparations you deserve. Just make sure that your records are thorough and accurate and that what you tell your doctor matches the police report.

Listen to Your Doctor

Another factor that can cause you to lose your case is if you stop following to your doctor’s orders prematurely. Again, the opposing lawyer can prove that because you stopped taking your medication, you weren’t hurt as severely as you had described. Moreover, your insurance company can refuse to pay for future care, using the fact that you stopped treatment early as a reasoning. And, of course, your health may be affected if you don’t finish your treatments, so always follow doctor’s orders.

Your health is important, so don’t mess around with it. Get yourself checked out and cover all of your bases—both medical and legal. Then, if there is a case, let your lawyer(s) do the rest!

To get more assistance, please contact us Or Call: 919-794-5387.

How to Receive Disability for Autistic Disorder and Other Pervasive Developmental Disorders

Autistic disorder is a development disorder that is eligible for receiving benefits, as long as one meets their requirements. Autistic disorder and other pervasive developmental disorders are defined as qualitative deficits in the development of reciprocal social interaction. It includes verbal and nonverbal communication skills, such as not responding to simple questions. If a child seems distant or appears to be wrapped up in their own activity, they may have a form of autism. Autistic children typically stick to a few certain activities and interests, and they work on the same activity repeatedly. While it may be difficult to detect autistic behavior in a child, there are some things you can do to help receive benefits.

social security disability

In order to meet the requirements for autistic behavior or other pervasive developmental disorders, there are some things the child must show. A medical document that supports the qualitative deficits in reciprocal social interaction, deficits in verbal and nonverbal communication and imaginative activity, and limited activities are needed. This document will prove that a child suffers from autistic behavior, which will allow for a parent to file for benefits from Social Security. You will need to provide the documentation when you apply, and have it signed by a medical professional to receive benefits. You can file online, or call them at their toll-free number, and then the process can get started.

If you or your child suffers from a different pervasive developmental disorder, you will need to provide documentation that shows deficits in reciprocal social interaction and deficits in verbal and nonverbal communication. You will need to prove at least two other requirements including: marked restriction of activities of daily living, marked difficulties in maintaining social functioning, difficulty in maintaining concentration or pace, or repeated episodes of decompensation. As long as these requirements are met, you should be able to apply for Social Security benefits. You will need to have a doctor’s note these limitations before you apply for any benefits. It will help ease the application process, and increase your chances of being accepted.

You can apply for benefits whether you’re applying for an adult or a child with an autistic or other pervasive developmental disorder. If you’re unsure about where to apply, you can apply online at the Social Security website, and fill out the information. There is an abundant amount of information that will help you determine the disorder, and how much you may be eligible to receive those benefits.

What is a CDR and in a SSD case?

If you are an SSI or SSDI recipient, then you already are aware that the Social Security Administration will review your disability eligibility on a regular basis. Disability Attorney in NC advises that the Continuing Disability Review (CDR) usually occurs every three years. However, SSA can decide to review much later; sometimes as infrequently as seven years. On the other hand, according to ssa.gov, if the government determines you have a condition that they expect will improve sooner than three years, they will schedule your CDR at an earlier date. Also, unless you are enrolled in a “return-to-work-plan”, a CDR is likely to occur if you begin earning too much income from your job if you have one.

For those anticipating their first CDR, initially you will be notified by the Disability Determination Service (DDS) in your area that they plan on beginning your review. You will be asked to fill out forms that cover past and current medical treatment, what your daily activities consist of and a description of work-related activity, if any. For assistance in complying with what is required from you, contact a disability Attorney in North Carolina.

Meanwhile, a claims examiner at DDS will contact your doctor (or doctors) and any other medical-related sources for reports on your condition. If they do not receive specific information from your doctor, or they determine that there is conflicting information submitted about you, then the claims examiner may require you to submit to a medical evaluation at SSA’s expense.

Once SSA is satisfied with the information about you that they have on hand, they will review it with the goal of deciding whether you are showing any medical improvement in the problems that were present when SSA first ascertained that you were “disabled.”   If the Social Security Administration determines you are still disabled, benefits will continue. Should SSA decide that the severity of your impairment has lessened, and you no longer qualify under disability guidelines, you will be sent a termination notice.

Don’t panic. Don’t lose sleep thinking that you are about to lose your benefits.  The vast majority of Continuing Disability Reviews (95 percent in SSA’s most recent study) result in rulings that keep benefits in place. However, if you were to receive a termination notice, you have the right to appeal and also to request continuing to receive benefits while your appeal is pending. For help in filing an appeal, contact The Clauson Law Firm.

In short, a CDR is a necessary, every-so-often part of your eligibility for Supplemental Security Income. The government is not out to take it away from you. They only want to make certain those who need it and still qualify for it will continue to receive it.

Disability Denial Statistics Everyone Should Know

When you’ve been denied disability in North Carolina, it can be difficult not to lose hope. After all, you’re probably relying on disability benefits to help get you through an injury or illness that is preventing you from working, and you need to be able to pay your medical costs and other expenses. However, the important thing to remember is not to give up, because the statistics are actually in your favor. North Carolina has some disability denial, appeal, and approval statistics to rejuvenate you and help you to make that extra effort to keep going even when it seems like your appeal is hopeless.

At first glance, it may seem like you have good reason to be worried; after all, the statistics for SSDI or SSI denial are stark. In North Carolina, only 29.8 of initial applications are approved, while 70.2 percent are rejected; for those who are rejected and go on to file a request for reconsideration, only 10.9 are accepted while the overwhelming majority – 89.1 percent – are denied. However, the catch that most people don’t realize is that your disability appeals process doesn’t end there; after your request for reconsideration is denied, you can go on to request a hearing in front of an administrative law judge who will hear your case and rule based on the evidence presented.

That’s where the advantage of filing your claim in North Carolina comes in. North Carolina has one of the highest rates of hearing approval; 52 percent of hearing requests are approved in the state, tying it for sixth place with Nebraska and Maine. This means that people who are denied disability in North Carolina can file an appeal, and even if that appeal is denied, they can still file to have their case heard in court – and more often than not, someone who goes through this process will end up before a judge. The most heartening news is that once you get to this stage, over 50 percent of cases heard by administrative law judges get approved. So getting to the hearing is the biggest hurdle – and living in North Carolina gives you an advantage when it comes to doing so. These statistics will hopefully give you the motivation you need to talk to your attorney and move forward with the appeals process.