If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347
A service of Hall & Rouse, P.C.. What we cover: Social Security delays and backlogs, Disability Insurance Benefits, SSI disability, Disabled Adult Child benefits, Disabled Widow and Widower Benefits, Work and Social Security Disability, Social Security's telephone problems, Social Security disability hearings, Social Security attorneys, Long term disability and Social Security, VA benefits and Social Security, Workers compensation and Social Security
If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347
There are many ways your ticker can be ailing. Let me talk about the ones that are the most common basis for a Social Security disability claim.
First up is coronary artery disease (CAD). The heart is a muscle. It has to have a blood supply. This comes via arteries that are on or in the heart wall. In CAD one or more of these arteries gets clogged up so that the heart doesn't get enough blood supply. The result is usually angina. That's most commonly pain in the chest but the pain may be felt in other places like the back, neck or left arm. The pain is usually experienced with exertion. Doctors do an excellent job in treating CAD these days. If the blockage isn't too bad, they thread a catheter to the heart and put in a stent to open the artery and keep it open. If the blockage is worse or not accessible to a catheter, they can do open heart surgery to bypass the blocked artery. Usually, but not always, they can stop the angina and allow the patient to get on with his or her life, including work. When treatment doesn't work, Social Security disability may be a possibility.
Next up is heart failure, often called congestive heart failure. This happens when the heart is damaged and can't pump enough blood. This damage can come from a heart attack, advanced CAD or cardiomyopathy, among other reasons. Since the heart isn't able to pump the blood with enough vigor, the blood backs up in the body, causing swelling in the lungs or legs. If this happens to you, there may be general weakness and fatigue or shortness of breath. Heart failure leads to many Social Security disability claims. The biggest marker that Social Security looks at in heart failure cases is the Left Ventricular Ejection Fraction (LVEF) or just Ejection Fraction. It shows how good a job the heart is doing pumping blood. Normal is around 55%. If that gets down in the 30s, much less below, you'll feel symptoms. Doctors often tell patients what their Ejection Fraction is. If you've been told you have heart failure or cardiomyopathy, pay attention to this. Ask if they don't mention your ejection fraction. Your ejection fraction will be the most important number in your life.
Heart disease is complicated. If that's the basis for your Social Security disability claim, you need help from an experienced Social Security attorney.
SSI is “supplemental security income.” It is for people who are disabled and who lack excess financial means. That could be any of us. The government uses a means-test to decide whether you can get this type of payment. SSI can be paid on its own, or in addition to a second check, if that second disability check does not by itself put you over the dollar limit. If you do not meet the criteria for SSI, Social Security will do the calculations and let you know. Most of the time, when people are discouraged from applying for SSI, it is just an overworked SSA employee getting out of doing more work.
That other disability check, most people call “disability” or “SSD” for short, gets its eligibility from having a strong work history. You have been able to work long enough in recent years, at high-enough wages, to have "credits of coverage." You work, the government takes out various taxes before your take home pay, and some of those taxes go toward giving you coverage to file for disability insurance benefits.
The catch is when hardworking people, who are proud of their work ethic, do their phone interviews to screen the types of checks they may qualify to receive. A Social Security claims representative inevitably describes SSI as a poverty-based program. The disabled worker’s personal opinion is that this does not apply to them, and they say “no, I don’t want to apply for that one.”
Again: Apply for both. If you do not qualify, SSA will certainly let you know. The thing to remember is this: If you decline to apply for SSI when your application is first taken, then you are potentially missing out on months and months of benefits because SSI only becomes effective the first full month after you file for it. For people who were talked out of applying but file for SSI later, you can’t get matched to that earlier date.
Social Security Disability is filled with many confusing policies. You don’t have to do it on your own. I hope this Internet resource has been useful. If you still find it overwhelming or would just prefer to have an experienced attorney do it for you, call us at 1-866-425-5347. We are here to help.
The Commissioner of Social Security, Martin O'Malley, visited Raleigh yesterday for an event at the Governor's Mansion to celebrate the 70th anniversary of North Carolina's Disability Determination Service (DDS). My partner and I received an invitation to the event. Here are a few pictures.
First, me with Commissioner O'Malley:
Second, a picture of my partner, Crystal Rouse, with the Commissioner:
Next, a picture of Rose Mary Buehler, the Regional Commissioner for the Atlanta Region, myself, Joseph Lytle, the Deputy Commissioner for Hearings Operations and Crystal.
Finally, a picture of the NC DDS employees in attendance.
If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347
Social Security's approach to pain is to pretend it doesn't exist. They routinely deny claims where the patient describes horrific pain. Social Security may acknowledge that a certain medical condition causes pain but they say, with some accuracy, that there's no clear relationship between the medical condition a person has and how much pain they suffer. That doesn't mean that a patient is fibbing when he or she says they suffer great pain from a medical condition while others with the same medical problem complain of only mild pain. While it may look like the same medical condition, there may be subtle differences causing much worse pain for some patients. Pain is a complicated thing. It's well known that the perception of pain is worse for those who also suffer from depression or anxiety. The pain and the depression or anxiety is all processed in the brain. Wouldn't you expect some interaction between the two?
Despite the problems, you certainly can be approved for Social Security disability benefits based upon chronic pain. That's actually almost routine. Cases based upon chronic pain get denied at the initial and reconsideration levels and then approved by an Administrative Law Judge. That doesn't happen every time but it happens a lot. Don't give up. Get help from a lawyer who knows Social Security.
You may ask, “Should I file for Social Security Disability?” This can be tricky. My simple answer is yes. The longer answer considers these things:
· What kind of disability benefit can you apply for?
Before SSA takes an application, they
screen non-medical rules. If you have worked long enough in recent years then,
like paying an insurance premium, you have paid taxes to have disability
insurance coverage. In this scenario, you can file for disability benefits no
matter how much money you have left over from the settlement.
The other disability program is
Supplemental Security Income. Many people call this by its abbreviation, SSI.
SSI is still a disability check. You qualify for it by being disabled plus
without financial means. At the start of the disability process, SSA will ask
you about income and resources such as bank accounts and property ownership. If
you still have money in the bank from the settlement, it is likely going to give
you financial means that disqualify you from applying.
To solve this, you can put the money
into a special needs trust or spend down the settlement and report it to SSA.
You will be eligible to apply the month after the change happened.
· How long are you going to be out of work?
In Social Security law, being a Disabled
adult means:
“You must not be able to engage in any
substantial gainful work activity because of a medically determinable physical
or mental disability(ies) that is either expected to result in death or has
lasted or is expected to last for a continuous period of at least 12 months.”
What does that mean? It means that your
ailments are going to keep you from getting back in the workforce for a minimum
of a year from when you went out of work. You do NOT have to wait a year to
file, but if you return to work before 12 months your case is going to be
denied.
·
What
if you return to work?
If your injury heals well-enough to let
you return to work in your old job, or in a new job, and you successfully go
back to work before being out for 12 months, then on the surface there is not
much to be done. SSA has a minimum duration of 12 months out of work. Our
experienced attorneys are well-versed in laws about unsuccessful work attempts,
work below the statutory limits, and work under special conditions that would
not represent a bona fide return to work.
·
What
if the doctor has released you to work but you are not able?
You should file for disability. Our
lawyers understand that Social Security is a total body review. If your doctor
was only treating your broken leg, but you also have migraines and severe
depression, then the release to work may only pertain to your leg healing. An
experienced Social Security attorney can evaluate issues like this and give you
the right answers.
If you find yourself in any of the above scenarios and need help, don’t hesitate—in North Carolina, the law firm of Hall & Rouse have practiced Social Security Disability since 1976. For representation on your Social Security Disability, call us at 1-866-425-5347.
There are at least a couple of reasons why Social Security makes it so hard for MS patients to get approved. First, sometimes MS goes into remission. Social Security's attitude is "Well, you're pretty sick now but you may be a lot better soon and then you'll be able to work." Maybe the MS will go into remission or maybe not but why deny a claim based upon mere speculation about what may happen in the future? Also, maybe the patient will go into remission but have a new exacerbation a few weeks or months later. How are you going to hold down a job if you're in and out of work all the time? Second, probably the most common symptom of MS is severe fatigue. Social Security likes things that can be measured. You can't measure fatigue. Social Security solves this problem by ignoring fatigue. However, whether or not you can measure it, fatigue is a very real problem for most people with MS and prevents work for many. Nobody denies that. Social Security doesn't deny that. They just ignore it.
My guess is that they're taking an average time span for the review of a Social Security disability claim and comparing the length of time that a case has been pending to that but things are on no timetable. One case may take four times as long as another case. Even their averages are misleading. There are some disability claims filed by people with terminal cancer. The agency races to approve those cases immediately because they're highly sympathetic cases but also because getting them out the door quickly makes their averages look better.
No, I'm sorry but you can't rely upon what you see on your Social Security account about how far along your disability claim is.
If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347
It's hard to be approved for Social Security disability benefits based upon liver problems. It seems like they don't want to approve until the person with liver disease is in terminal decline. However, patients can have a lot of symptoms and limitations long without being in the end phase of liver disease.
Some of the problems getting approval for liver disease have to do with the fact that some liver disease is related to alcoholism. However, there are plenty of liver disease patients who have never drunk. Even for those who have had drinking problems, the question isn't whether you got to the point that liver disease is disabling you because of your drinking. The question is whether the symptoms of liver disease could be reduced or eliminated by stopping drinking. By the time liver disease has become disabling, many people with alcoholic liver disease will have already stopped drinking. Even if they are still drinking, the drinking may be hastening their demise but stopping it won't make the problem go away.
In the end, don't worry about the stigma that can be associated with liver disease. If you're disabled by liver disease, file a claim for Social Security disability claim.
Our disability attorneys are able to log in to Social Security’s electronic case system and look through your file to see what is happening in real-time. The sooner, the better, for developing a legal strategy for the win.
Our legal assistants spend the vast majority of their days on the telephone, calling Social Security, asking what is going on, what they need to make a decision, how we can help to possibly speed things along, and when you win, following up on the money until it is released.
We make sure your application is not gathering dust on someone’s desk in the county office.
We call Social Security Disability (Disability Determination Services) to make sure your case has been assigned and that someone is actually working on it. When that is not happening, we make sure it is escalated to the right people's attention, so you do not suffer more undue delays.
Our team reaches out to you to stay up-to-date about your medical care, or to suggest charity care networks if you have not received the treatment needed to prove your case.
Our legal team coordinates with your doctors or nurse practitioners to get medical records and medical opinions.
We file the appeals for you.
If you need to talk to an administrative law judge, we prepare you for what to expect.
We show up to court with you.
We keep you informed and do the work for you, so that you can focus on your health.
There is no upfront fee. There is no out of pocket fee. There is only payment if the attorney helps you win, and that win results in back pay. At that point, the fee is regulated by the government on a standard fee schedule that never exceeds 25% of back pay.
Whether you need a lawyer is an individual choice. If your feeling is that, yes, you want an experienced lawyer to handle things, we are here to help: www.hall-rouse.com, or give us a call at 1-866-425-5347.
This shame at being disabled has several bad effects. Disabled individuals suffer from inappropriate guilt and depression. They con themselves into believing that recovery from disability is right around the corner. They delay filing a claim for Social Security disability benefits because they believe that would be the admission of a personal failing. Often they fail to act until they're literally homeless.
Please accept that disability is a real thing. Your disability probably isn't going away. If you think that others will judge you harshly because you apply for Social Security disability, they're not going to know unless you tell them. Social Security isn't going to tell them. In the end, what do you care what other people think? Get over it! Do what you need to do! How is being homeless less shameful than filing a claim for Social Security disability benefits?
On a selfish basis, it's stressful dealing with desperate clients. They wait until they're about to be homeless before they file for Social Security disability benefits. They can't believe how long it takes to get a favorable decision from Social Security. Don't get me wrong, I'm happy to see you if you've waited this long but be realistic. If you've been out of work due to illness or injury for more than about six months, you're not likely to be able to get back to doing enough work to support yourself. Do what you have to do.
If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347
Diabetes is a common health problem and a common reason why Social Security disability claims get filed and approved.
As with most conditions, age makes a huge difference with Social Security disability claims based upon diabetes. It become less difficult to be approved after age 50 and a good deal less difficult after age 55.
Another factors that make a difference with Social Security disability claims is the extent of damage that the diabetes has done to a person's body. I don't know that there can be a comprehensive list of all the things that diabetes can do to a body. Here are some of the more common:
Things get really complicated if you've also received Long Term Disability benefits, usually from an employer sponsored plan. You really need to see a tax professional about that sort of thing.
LTD plans always contain an offset for Social Security disability benefits. This means that the LTD is offset or reduced, dollar for dollar, by the initial amount of Social Security disability benefits. For instance, if the LTD is $2,000 a month, the employer or insurance company will pay $2,000 a month as long as the disabled person receives no Social Security. However, if the disabled person starts receiving $1,500 per month from Social Security, the LTD goes down to $500 per month.
If the disabled person receives retroactive or back benefits from Social Security for months in which they also received LTD, the employer or insurance company that paid the LTD will want some of their money back.
Virtually always, the employer or insurance company
gives a credit for the attorney fees the disabled person paid for
representation on their Social Security disability claim. In a backhanded way
the employer or insurance company pays the attorney fee.
A person who is already receiving LTD may wonder why they need to bother with a Social Security disability claim, if anything they get from Social Security just reduces the amount they get from LTD. Actually, there are a number of good reasons for a disabled person receiving LTD to go ahead with the Social Security disability claim:
If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347
Social Security disability claims based upon cancer usually come in two types -- those approved quickly and those that don't get approved at all.
Those approved quickly are those where the cancer has spread. Of course, if that has happened, the cancer is extremely dangerous.
Those where the cancer has not spread are seldom approved. The reason is that there is a 12 month duration requirement for Social Security disability benefits. Unless your condition is fatal, you have to have been or be predicted to be disabled at least a year. Cancer may be treated with surgery, chemo and radiation but generally all of that, as terrible as it is, is over in less than a year. After that, unless things go in a bad direction, the patient can expect at least a period of remission and can hope to be done with cancer forever. If a patient goes into remission in less than a year, they can generally re-start their life, including work. If it comes back, of course, then a new Social Security disability claim is likely to be successful.
There are cases where the cancer has not spread but where the patient is still disabled for longer than a year. Sometimes, surgery or chemo or radiation leaves behind serious problems that prevent work. Sometimes the surgery, chemo and radiation takes longer than a year. Often, the cancer isn't the only health problem the patient has.
John Oliver may be an immigrant from Britain but he's one of the most interesting observers of the American scene. Take a look at this recent piece he did on Social Security disability.
If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347
Supplemental Security Income (SSI): Assuming you're found disabled that far back, benefits can start the month after the month you filed your SSI claim. If you filed your claim in January 2024, they owe you beginning February 2024, assuming they find you disabled that far back.
Disability Insurance Benefits: These are the benefits based upon your earnings. Benefits can go back up to 12 months before the month in which you file your disability claim BUT there's a five month waiting period after you became disabled before benefits can begin. Two examples:
- Filed claim in January 2024. Became disabled June 15, 2023. Benefits begin December 2023 -- five month after the disability began.
- Filed claim in July 2024. Became disabled September 23, 2022. Benefits began June 2023 -- one year prior to the date of the claim.
Sound complicated? I'm making it as simple as I can. That's why you should hire an attorney to represent you.
If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347
If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347
Traumatic accidents often precede Social Security disability claims. When a person is involved in a severe accident, the initial goal is t...