Can I Qualify For SSDI If I Can’t Work With Lupus?

September 22, 2021 by

Lupus offers frequent reminders of its presence, causing pain and wearing down the person carrying it. It can make life difficult, and some days, nearly impossible to continue any regular activity. For the individual who finds themselves unable to work, SSDI may be the next step. But just having lupus may not be enough to qualify for SSDI.

Can I Qualify For SSDI If I Can't Work With Lupus?

What Is Lupus?

Lupus is an autoimmune disorder that is characterized primarily by inflammation, pain, and fatigue. It most commonly affects women and some ethnic groups (including African-Americans), and can be crippling. For many patients, debilitating pain and chronic fatigue can make employment impossible.

Characterized by joint pain, fatigue, a “butterfly rash,” and occasionally, fever, lupus makes its presence known over time. The Lupus Foundation of America estimates that approximately 1.5 Americans live with the condition, and there are about 16,000 newly diagnosed cases every year.

Recognized By SSA

Lupus is listed in the Social Security Administration’s “blue book” under Immune System Disorders. Systemic lupus erythematosus is listed under Section 14.02.

Like any disabling condition, Social Security wants to know one thing: how lupus prevents you from working. Your records must show that you have two of these four conditions:

  • Acute, severe fatigue
  • Involuntary weight loss
  • Malaise
  • Lupus-induced fever

And affect two body systems (cardiovascular, neurological, respiratory, mental, etc.)

The condition must also appear frequently and regularly curtail your daily activities, including social functioning and completing tasks in a timely fashion.

Qualifying For SSDI

A diagnosis of lupus from your doctor is not enough—and only the start. Evidence such as medical notes, treatments, and other documentation must show that not only do you have lupus, but the effects are preventing you from engaging in substantially gainful employment. Furthermore, you must show that the effects will last at least twelve continuous months, or will end in death.

Building your case on solid medical evidence gives you a strong foundation for building your case. Working with your doctor and continuing prescribed therapies show that you are proactive in taking care of your condition. Working with an experienced disability lawyer can make this complex process easier.

However, if you don’t qualify for SSDI because your lupus symptoms do not meet SSA’s conditions, you may still qualify for a medical-vocational allowance. You’ll need to show SSA that your lupus symptoms inhibit your ability to work to the point where you cannot find suitable employment that fits your prior work experience, education, and age.

Houston’s Social Security Attorney

Whether you’re applying for Social Security or Disability through Social Security, the laws are complex and the process difficult to maneuver. With an experienced disability law firm to help, you can get your application completed right the first time, and have a better chance of receiving the benefits you deserve.

We’ve helped over 4,000 Houstonians get SSDI and other disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case

Filed Under: Long Term Disability, Social Security Disability Tagged With: , ,

Will I Get Social Security Disability Benefits If I Have COPD?

August 23, 2021 by

Chronic Obstructive Pulmonary Disease, or COPD, is an umbrella term for diseases of the lungs that include emphysema and chronic bronchitis. COPD develops when the lungs and airways become irritated, inflamed, and ultimately, damaged. Both result in decreased airflow, more difficulty breathing, and always become progressively worse.

Will I Get Social Security Disability Benefits If I Have COPD?

COPD also adds to the heart’s burden, leading to pulmonary heart disease. Oxygen therapy, medications, and pulmonary rehabilitation are the main treatments available. While lung transplants are considered the “cure,” most patients aren’t healthy or strong enough to undergo the surgery.

Causes

The vast majority of COPD cases are from long-term tobacco smoking, either first-hand or second-hand. A few cases are due to workplace exposure to airborne substances, such as welding fumes, grain, flour and coal dust, cadmium dust, and fumes, among others. Smokers who experience these irritants may have an increased risk of developing COPD long before they would have with just smoking.

Most patients also have other conditions (called “comorbidities”) alongside COPD, including:

  • Hypertension
  • Diabetes
  • Coronary artery disease
  • Obesity
  • Depression and other mental illness conditions

Should you become unable to work due to COPD, disability may be your next option.

Qualifying For SSDI With COPD

A person who is unable to work due to advanced COPD can qualify for SSDI. Like any disability, a medical diagnosis is not enough. You’ll need evidence to prove that your condition is serious enough to prevent you from working for at least 12 months.

The “blue book” requirements for COPD are:

  • A Forced Expiratory Volume One (FEV1) is equal to or lower to the minimum for your height. This is between 1.05 for five-foot individuals and 1.65 for six-foot individuals
  • A Gas Diffusion Capacity (DLCO) of a single breath under 10.5 mil/min/mm Hg or a low amount of oxygen dissolved in the blood either during rest or exercise, determined a low partial pressure of oxygen (PO2) and high partial pressure of carbon dioxide (PCO2).

Additional required medical evidence for COPD disability includes:

  • Physician’s records and notes
  • Results from diagnostic testing, such as:
    • Lung function tests i.e., Lung Diffusion Capacity
    • Imaging: MRIs, CT scans, chest X-Rays
    • Blood tests
    • Arterial blood gas analysis, a test that demonstrates how well your lungs intake oxygen and exhale carbon dioxide
    • Spirometry results or the amount of air you can force out when exhaling), which includes the FEV1 reading

If you can show that your conditions are severe enough, you may qualify even without meeting the blue book listing. You’ll need to show that COPD prevents you from earning a minimum monthly income. The SSA will review your claim and decide upon a “Residual Functioning Capacity” (RFC). It can then approve you for a medical-vocational allowance.

Social Security also considers your age, past work history and experience, and age when making any decision. Additionally, you’ll need enough Social Security “work credits” to qualify for SSDI for any condition. If you do not, you will likely qualify for SSI instead.

Houston Attorney For SSDI

Applying for SSDI is a difficult and complex process. When you work with an experienced disability law firm, your application will be completed correctly the first time. You’ll have a better chance of being awarded the benefits you deserve and avoiding a long appeals process.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Filed Under: Social Security Disability Tagged With: , ,

SSDI Changes For 2021—What You Should Know

April 26, 2021 by

Every year the Social Security Administration updates the program to accommodate those on the program and those joining. In 2021, there are multiple changes to everything, including a 1.3% cost of living adjustment (COLA) for those receiving Social Security monthly.

For individuals on Social Security Disability Insurance, or SSDI, there are also changes that include a slight increase in monthly benefits.

If you’re eligible for SSDI, understand that the amount you receive is based on the amount of money you earned in your life prior to the disability. You can apply for it if you worked long enough and earned enough “credits” over your lifetime.  It is not based on the severity of your disability.

SSDI Changes for 2021. What you should know

Benefit Increase

The average SSDI payments are generally between $800 and $1800 monthly, and the average monthly benefit is $1,277. The 1.3% raise also applies to SSDI benefits.

SSDI benefits range from $100 and top out at $3,148. In 2021, the monthly benefit payment for a non-blind is $1,310, and for a blind person is $2,190.

Increase In Earnings

A non-blind applicant for disability must be making less than $1,310 per month to receive SSDI, an increase of $50 a month and $600 annually. A disabled worker with a spouse and one or more children can receive $2,224 monthly, an increase of $29 from last year.

A blind applicant can earn up to $2,190 monthly, an increase of $80 per month and $960 annually.

Earning more than these amounts will lead to a disqualification since it becomes “substantial gainful activity,” or SGA.

Individuals who want to try going back to work may be allowed to do a trial work period (TWP), in which they can return to work on a part-time basis. However, there is a limit on allowable earnings during the TWP. The maximum you can earn during a TWP has increased to $940 per month for 2021.

Back Pay

Applying for and receiving disability is a long process that can take a considerable amount of time. Three factors figure into the amount of back pay you may receive:

  1. Your date of application for SSDI benefits
  2. The date you became disabled, or “established onset date” (EOD), when your disability began
  3. The five-month waiting period prior to your “date of entitlement,” or DOE

Once an EOD is established, there is a five-month period before SSDI payments begin. All back pay and any retroactive payments are paid in a lump sum.

Houston’s Social Security Attorney

Whether you’re applying for Social Security or Disability through Social Security, the laws are complex and the process difficult to maneuver. With an experienced disability law firm to help, you can get your application completed right the first time, and have a better chance of being awarded the benefits you deserve.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Filed Under: Social Security Disability Tagged With: , ,

Mental Disorders and Social Security Disability in Houston, TX

December 3, 2020 by

Mental illness and disorders can mean a range of symptoms as well as one or more types of conditions. Mental disorders don’t have visible symptoms like an injury and aren’t easily diagnosed like cancer or heart conditions. Therefore, it’s much more difficult to diagnose and prove.

Mental Disorders and Social Security Disability in Houston, TX

 

Social Security does recognize mental disorders as a disability. Nearly nine million individuals receive Social Security Disability in the US, and an estimated 32% are receiving disability for mental disorders. However, the burden of proof can be more complex than it is for physical conditions.

Types Of Disorders

Social Security has a list of mental conditions for which they will award disability benefits in their “blue book.” Divided by sections, the listing includes:

  • Neurocognitive disorders (02)
  • Schizophrenia spectrum and other psychotic disorders (03)
  • Depressive, bipolar, and related disorders (04)
  • Intellectual disorder (05)
  • Anxiety and obsessive-compulsive disorders (06)
  • Somatic symptom and related disorders (07)
  • Personality and impulse-control disorders (08)
  • Autism spectrum disorder (10)
  • Neurodevelopmental disorders (11)
  • Eating disorders (13)
  • Trauma- and stressor-related disorders, such as PTSD (15)

Some conditions may not exactly meet the criteria of Social Security’s definitions. However, if you can prove that your condition prohibits you from doing even a simple and unskillful job due to brain-related disorders, psychiatric or emotional problems, you may still be able to receive benefits for disability.

What It Takes To Get Benefits

Applying for Social Security Disability can feel like a major undertaking, and it can be. But it’s important to ensure that your application is complete so that your chances of approval are better.

In addition to filling out your application, you’ll need to include:

  • Your diagnosis and the reason(s) why you can’t work
  • Complete medical records
  • Names and contact information of your healthcare providers:
    • Doctors
    • Hospitals
  • List of upcoming medical appointments
  • Treatment plans you have been prescribed and following

Social Security will investigate everything they have been given, so it’s important to ensure that the information is accurate and complete.

Why Applications Are Denied

Some of the primary reasons for denial include:

  • Not enough medical evidence
  • The previous denial—if you’ve been denied before, file an appeal on that case rather than starting over.
  • An incomplete or improperly filled out application
  • Income—you can’t earn a considerable amount of money
  • Not getting and following medical treatment
  • Not cooperating with SS caseworkers while your claim is being worked

One estimate indicates that a full 70% of SSD applications are denied on the first try, but it’s important not to give up. Social Security has an extensive system of appeals with detailed guidelines that you can use to increase your chances of approval.

If the application or appeals process is more than you can handle, consider speaking with an experienced disability attorney in Houston. Having an attorney help you through the process can make it easier and increase your chance of winning your claim and receiving the disability benefits you need.

Need Help With Your SSD Application Or Appeal? Call Herren Law Today

Mental illness is particularly difficult, especially when it impacts your life. If you’re unable to work because of a mental disorder, let us help you with your application for Social Security Disability. We can tell you what you need and how to go about applying. If your claim is denied, we can also help you with an appeal.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Filed Under: Social Security Disability Tagged With: , ,

What Are The Differences Between SSI And SSDI?

September 28, 2020 by

The term “Social Security” can mean a large number of US government-based benefit programs that an individual can apply for when he or she needs it. But even though they are administered by the Social Security Administration, SSI and SSDI are two separate programs and offer two different types of benefits.

What Are The Differences Between SSI And SSDI?

What type you should apply for depends on your needs. Here, we’ll explain the difference, and you can decide for yourself which one is right for you.

Supplemental Security Income (SSI)

This program is a needs-based financial benefit for disabled individuals of limited means and income. Unlike Social Security received after retirement, SSI does not require “work credits.” The money comes from General Revenues, not from Social Security funds. It’s a “means-tested program,” meaning the requirements are very strict. SSI is for those who are elderly, disabled, and/or blind who need assistance paying for things like food and shelter.

Most individuals who qualify for and receive SSI will also qualify for Medicaid, the state/federal healthcare program that provides comprehensive coverage for its recipients. They may also qualify for food stamps and other assistance. The amount of SSI received will depend on the amount of consistent monthly income the individual receives. Any other income you receive can affect your SSI amount.

Any income or other “in-kind support” such as free rent, food, or other necessities that are given to you at no cost are considered “income,” and must be reported. Should your living arrangements change, such as moving in with a roommate or relative, this also must be reported, and will likely change or reduce your monthly benefit payment.

Social Security Disability Insurance (SSDI)

For individuals with work history, SSDI can cover them after they become disabled. SSDI is based on an individual’s disability and work credits. SSDI will qualify an individual for Medicare after 24 months. If your assets and income are higher, SSDI is the better option.

There is a roughly 5-month waiting period before an individual begins receiving benefits once the application is received and when Social Security determines and approves the “date of onset.” SSDI payments may also be reduced if an individual is receiving another type of benefit, such as Worker’s Compensation.

Applicants for SSDI generally have a higher approval rating, since they have a work history and have had health insurance. They’ve received medical care for their disability, which is important in any disability claim. Examiners and judges also tend to find long-term employees to be more credible due to their work history, something SSI applicants may not have.

Note: individuals with ALS will qualify for Medicare immediately, with no waiting period.

Qualifying For Both SSDI And SSI

Under certain circumstances, an individual may qualify for both programs. The criteria are the same, limited income, and elderly, blind and/or disabled. Known as “concurrent benefits,” an individual must meet the requirements for both of these programs. However, both payments won’t be higher than a typical SSI payment. In other words, getting both will not “double-up” benefit payments.

Generally, SSDI provides a higher benefit amount than SSI, but SSI also takes into account factors such as other income, a person’s living situation, assets, and other variables.

The most common scenario is when an individual’s SSDI payments are low due to low wages throughout the working life, disability at a young age before building up a work history, or did not work very much in recent years.

It’s also possible that you could qualify for SSI during the five-month wait for SSDI. Once your SSDI payments begin, the SSI payment could be lowered accordingly. Medicaid would also be available immediately, whereas Medicare would be a two-year wait.

Your eligibility for one or both benefit programs is up to the Social Security office and depends on your current income and assets. Both programs utilize the same process to evaluate the disability.

Houston’s Social Security Attorney

Whether you’re applying for Social Security or Disability through Social Security, the laws are complex and the process difficult to maneuver. With an experienced disability law firm to help, you can get your application completed right the first time, and have a better chance of being awarded the benefits you deserve.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Filed Under: Social Security Disability Tagged With: , ,
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