Foot Problems And Social Security Disability

     Can you get on Social Security disability benefits for problems with your foot or feet? The answer is that it's very possible. 

    Age makes a lot of difference in cases involving foot problems. Things become less difficult, not easy but less difficult, after a person turns 50. If you're 50 or older and you haven't done sedentary work and you have significant foot problems your case is fairly easy to present to Social Security. A finding that you're limited to sedentary work will probably win your case.

    As with almost every other type of health problem, treatment matters. Have you been seeing a podiatrist or orthopedic surgeon about the foot problem? Are you still seeing that doctor? Has your problem required surgery? Is diabetes a complicating factor?

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Non-Disability Appeals -- Presumption Of Death

    I'm writing about the work that lawyers can do to help those with Social Security cases other than disability cases. Today, I'll write about a type of case that comes up, although not often.

    Let's say you're a married woman with two minor children. One day your husband doesn't return from work. You try anxiously to find out what's happened. Eventually, you call the police. They can't find him. There's no reason that you can think of that would explain his absence. After seven years, you wonder if he can be presumed dead so you and the kids can get benefits on his account. Guess what, maybe you can! If you apply, Social Security will first check to see whether there are any earnings showing up on the departed husband's Social Security account after the disappearance. If not, Social Security will assume he's dead and pay you unless there's some reason to believe his absence is intentional. Herein lies the possibility of dispute. Was there marital discord, financial problems, criminal problems, etc? Maybe they think they have enough evidence to deny you. Maybe you say otherwise. You can appeal these cases. We're here to help.

    I should add that there's another type of case where benefits can be paid without a death certificate and a seven year absence. Let's say the husband goes out on a boat fishing with a friend. They don't return. The Coast Guard eventually finds the boat but the men who were on it never wash up. You don't have to wait seven years in this kind of case. Where there's a ready explanation for the disappearance, Social Security can pay benefits without delay. However, there's still the possibility of dispute if someone thinks that the drowning was faked and the disappearance was intentional.

     By the way, in the last presumed death case I had, Social Security finally agreed that they could presume the man in question was dead. A few months later he shows up alive! We notified Social Security. They ended the benefits but quickly waived the overpayment. If I were one of that man's children I think I would have extremely mixed emotions about the father's reappearance.

    The people who implement benefits at Social Security are called benefits authorizers. They sometimes joke that they have been given the power of resurrection for the work they do when a person presumed dead eventually turns out to be alive and they have to change the person's status in Social Security records from dead to alive. 

    To explain the picture above, it's not just Social Security that has laws dealing with disappearances. Each state has its own laws to deal with estates and remarriages and such issues when someone disappears. These are called Enoch Arden laws since they were inspired by a long poem by that name written by Alfred Lord Tennyson.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Non-Disability Social Security Appeals -- Overpayments

    The vast majority of the work that this law firm does is on Social Security disability claims but that's not all we do. We're Social Security and we help with all kinds of Social Security appeals.

    The most common type of non-disability case we work on is overpayments. The agency sends you notice that you've been overpaid by $30,000. They tell you that they'll start withholding money from your monthly check so they can get their money back. You think you haven't been overpaid or that the amount should be less or that you shouldn't have to repay it because it wasn't your fault. Yes, we help with that.

    The problem is the attorney fee. Usually we get a portion of your back Social Security disability benefits as our fee but there aren't any back benefits in overpayment cases. Getting you out from under a $30,000 debt can be a big deal for you so it may be worth hiring an attorney but we'll have to charge you upfront and that's a deal breaker for many people. We're sorry about that but we have to make a living.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

New Social Security Commissioner Nominated

    From USA Today:

President-elect Donald Trump said he's nominating financial services CEO Frank Bisignano to serve as commissioner of the Social Security Administration. ...

Bisignano currently leads the financial services and payments giant Fiserv, one of the largest financial software companies in the country.

He’s previously held executive leadership positions at major banks including JP Morgan Chase and Citigroup.  ...

 

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Many Other Conditions Can Be The Basis For A Successful Social Security Disability Claim

     I have been writing about some of the more common disabling conditions. There's no way I can do an exhaustive list. At least, I don't have the energy to try!

   It doesn't mean you can't be approved for Social Security disability just because you don't see a mention of your disabling health problem here. Give us a call. Unless it's a truly rare disorder, we've probably heard of it. Syringomyelia, spasmodic torticollis, or ankylosing spondylitis, for example? Sure, I know about them.

    The main thing is that you should get and stay in medical treatment, probably by a specialist, and be a cooperative patient. Take your meds and show up for your appointments. It helps if your doctor is willing to be helpful with the Social Security disability claim but it's not essential.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Migraine Headaches

    Can you get Social Security disability benefits for migraines. Certainly but it's not easy.

    Migraines are a common health problem mostly, but not entirely, in women. The thing is that most people who have migraines don't have them that often. Thank goodness. Most cases respond well to routine migraine medications or are infrequent enough to not be much of a problem with work.

    If you are one of those unfortunate individuals who has frequent migraines which don't respond to medications, it may be possible for you to be approved for Social Security disability benefits. If you're going to win, you need to be under the care of a neurologist. They're the ones who should be treating those with severe migraine problems, not family doctors. Evidence of advanced treatment regimens such as infusions is helpful. You definitely don't want evidence in your medical records of non-compliance, that is not taking prescribed medications or dropping out of treatment for a time. You need to be a model patient who still has a major problem. Few people fall into that unfortunate category but help is available for them.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347

Work and Social Security Disability

 “Can I work while I wait for Social Security to make a decision?” 

Our clients have already been out of work for months, but the bills keep coming. Social Security told them it would be 120 days to get a decision but they are already on Day 121 since talking to the local SSA office, and the claim has not even been assigned to a disability examiner.

“Can I work while I wait for Social Security disability?” The general answer is No. The first step to reviewing a potential case is whether you have stopped working. There is an amount of work called Substantial Gainful Activity. If you continue to work at a job and earn over $1550 before taxes ($2590 if you are blind) then Social Security will not even look at your health. The claim will be denied because you are still able to work, despite your pain and discomfort. Social Security will not look at your medical records.

“What if I earn less than that?” Well, work is still evidence of your function. Social Security will take that into consideration as evidence when they decide the rest of the claim. It will make it harder—though not impossible—for you to prove that you meet the government’s definition of “disabled.”

“What if I find a job that I think I can do? Should I withdraw my application?” If you find a job that is less-demanding and think you can work, do not immediately withdraw your application. There is something called an Unsuccessful Work Attempt. If you return to work, to test it out, but you can’t keep working because your health interferes, happens many more times than I can count. Social Security will conclude that, if you returned to work after a significant break, and work lasted less than six months because of your health, then that return to work is wiped off the slate. Your claim will keep moving forward. Sometimes Social Security will find out about the return to work, pause medical development to check your hours and earnings, but eventually the claim will be put back into active case processing.

“What if I return to work before 12 months have passed?” Social Security requires your work absence to meet a minimum duration: 12 months. You do not have to actually be out of work 12 months before you file, but if you go back to work and keep working before 12 months have passed, it is a technical denial. You will not even be able to collect back pay on the months that you were out of work. If you are out for at least 12 months and then return, Social Security will be able to look at paying you a lump sum for the time you were out, and stop any future checks because of the return to work.

If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347