Is Diverticulitis A Recognized Social Security Disability?

November 22, 2021 by

Some people wonder if diverticulitis is recognized as a Social Security disability. Diverticulitis is a condition in which small pouches form primarily in the large intestine but can occur anywhere in the digestive tract. The pouches themselves may not cause a problem. But if they become infected and/or inflamed, they can lead to a range of sudden-onset symptoms, including bloating, gas, constipation or diarrhea, nausea and vomiting, a tender abdominal area, fever, and chills, and a loss of appetite.

Is Diverticulitis A Recognized Social Security Disability?
But as bad as diverticulitis can be, it’s not recognized as a “disability” by Social Security. Their reasoning for this is that it is not only treatable but doesn’t last more than 12 months. As a rule, a condition needs to prevent you from working for 12 months or more or end in death. Diverticulitis usually doesn’t fit the criteria exactly. However, it is possible to receive SSDI (Social Security Disability Insurance) for diverticulitis.

Eligibility

Because diverticulitis generally improves within 12 months, the condition alone will likely not qualify you for SSDI. But if you experience complications such as abscesses, fistulas, dramatic weight loss, and/or intestinal bleeding, your chances increase that you will become eligible. If your medical history indicates a history of long-term digestive illnesses, your chances are higher yet that you’ll qualify for disability.

Social Security’s listing contains conditions that automatically qualify for benefits but does not have a listing specifically for diverticulitis. However many people experience some of the same symptoms as the other digestive listings, and so may become eligible under those conditions.

Qualifying Conditions

If you have one or more of these conditions, you may qualify for SSDI as part of other digestive-related conditions:

• Severe weight loss despite medical treatment and medications, measured as a BMI of less than 17.50 over a six-month period.
• Inflammatory bowel disease (IBD), an umbrella term that covers several chronic intestinal digestive illnesses, including ulcerative colitis and Crohn’s.
• Gastrointestinal hemorrhaging, or serious, recurrent bleeding anywhere in the digestive system that required a blood transfusion.
• Short bowel syndrome, in which a significant amount of small intestine is removed, is known as “bowel diversion surgery.”

Social Security will rate you based on a Residual Functional Capacity assessment, or RFC. That is, you’ll be rated based on what you are able to do despite the limitations of your current medical condition.

If you can do some type of work with your current condition, SSA will deny your claim. However, SSA determines that there isn’t a job that can accommodate your condition, or you can’t perform based on your condition and its limitations, you may be approved or benefits under a medical-vocational allowance. In this case, SSA will examine your age, skill set, work history, and other factors to determine if you are able to continue working elsewhere or truly unable to continue working.

Houston’s Social Security Disability Insurance Attorney

As you can see, the laws surrounding SSDI are complex and the process can be 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 user 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: , ,

Can You Work While Applying For Disability Benefits?

October 5, 2021 by

It’s a conundrum: you’re applying for disability benefits because you can no longer work (or will be soon unable.) But while you’re waiting and trying to qualify, the bills keep coming. You need income and have to work, even though you’re in pain and barely or unable to work. So what’s the solution?

Can You Work While Applying For Disability Benefits?

The short answer is: Yes. You can apply for disability while you’re still working, but there is a limit to how much you can earn. As long as you earn less than $1,310, the 2021 threshold for monthly income, you are able to continue working. For applicants who are legally blind, the limit is $2,190.

However, it’s not quite as simple as that.

Substantial Gainful Activity

One of Social Security’s deciding criteria is SGA or substantial gainful activity. In other words, how much are you working, and how difficult is it for you to work? If you are working part-time and earning the limit or under, and are working your claim you can no longer do, chances are you will not appear “disabled” to the SSA.

SSA will investigate your job, which includes both the type of work you do and how many hours you work in that job. They will also examine how much effort you are putting into the vocation, whether you’re working at a desk answering incoming phone calls or in a trade requiring physical labor (i.e., plumber, electrician, carpenter, etc.)

Chances are that if you do continue to work while waiting for approval, an appeal, or an administrative law judge hearing, your chances of approval will decrease. This is especially true for a part-time position doing jobs for which you are claiming disability.

Unsuccessful Working

You may still qualify for SSDI if you:

  • Stopped working due to your disabling condition
  • Applied for SSDI
  • Returned to work to pay the bills while waiting for SSDI approval
  • Were forced to stop working again due to your disability

This unsuccessful attempt at working means you are still eligible for SSDI, and shows that you made a good faith effort but were prevented by your disability.

Since every case is different, the SSA examines the type of work you were doing, what you may be doing now, and how your disability affects your ability to retain gainful employment.

If you believe you may return to work at some point in the future, you will have the opportunity to work again on a temporary “test” basis. If your condition improves, or things change, you will be able to start working again contingent on your abilities. Should you not be able to return to work, you will not have to reapply for SSDI.

Other Resources

Rather than working, you may be able to locate other resources in your community for help until you begin receiving disability benefits. Consider applying for:

Other options include borrowing or cashing out against a 401K, or borrowing against your home. Your disability lawyer can advise you if you’re considering utilizing assets.

Note that applying for Unemployment may be counter-productive. If you apply for Unemployment, the assumption is that you expect to return to work. You may be required to pay back those Unemployment benefits if you are eventually approved for SSDI.

Call Herren Law For Help With Social Security Disability Insurance (SSDI) Claims

If you are planning to apply for SSDI, we invite you to speak with us first, especially if you are still working. The application process is complex, and most are denied on the first try. Most applicants have better success with appeals.

We’re experienced in handling all types of benefit claims and have helped more than 4,000 Houstonians get the benefits they need. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.

Filed Under: Social Security Disability Tagged With: , ,

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: , ,

Can You Qualify For Both Unemployment And Social Security Benefits?

August 5, 2021 by

The pandemic caused millions to lose their jobs or simply stop working when businesses shut down. Those who could work from home, but others with non-desk jobs had no choice but to leave and take unemployment.

Now that more shutdowns may be on the horizon, more people may be back on unemployment. But if you were also receiving Social Security benefits, you may be wondering how this will work. Can you get both?

Can You Qualify For Both Unemployment And Social Security Benefits?

It sounds odd, but you can, if you meet all of the criteria for Social Security. However, it’s not as easy as it sounds.

Basics

First, unemployment insurance (UI) does not prevent you from receiving Social Security benefits. Earned wages and income from work are what’s considered “income” and counted against the income limits. Unemployment benefits are not counted as “income” under Social Security’s guidelines.

However, UI is handled on the state level, much will depend on the state’s rules. In Texas, you’ll need to speak with the Texas Workforce Commission to find out exactly how the Lone Star State handles UI with Social Security.

At one time, most states reduced the amount of unemployment paid to older workers who also received Social Security. Illinois, Louisiana, Minnesota, and South Dakota still reduce the amount of UI without complete disqualification. In other states, these laws have been largely eliminated.

Qualifying

To apply for Social Security benefits, you must be at least 62 and have a qualifying work history. You must also be:

  • A U.S. citizen or a permanent legal resident of the United States with a documented residency period
  • Show a 10-year work history and have at least 40 work credits. Credits are earned after earning a minimum income level each quarter
  • Not specifically barred from program participation, such as railroad workers whose pension plans opted out of Social Security on their behalf
  • Disabled
  • The retired spouse, surviving spouse, or dependent of a program participant

Social Security Disability Insurance, or SSDI, may disqualify you from unemployment insurance. By receiving disability, it means that you are too disabled to work, and therefore, ineligible for UI.

You can apply for unemployment at any time online through your state’s agency website (such as the Texas Workforce Commission above.) In states other than the above ones, you will not be required to disclose Social Security payments, although it’s suggested that you should mention it to someone you speak with to ensure that everything is in order.

Both Social Security and UI have income limits on what you can bring in before a reduction in your benefit amounts.

Social Security vs. Unemployment Insurance

While it is possible to get both, remember that UI is short-term while Social Security is long-term.

During the pandemic, unemployment benefits were extended and enriched, helping many people make ends meet while they were out of work.

When the full force of pandemic shutdowns happened, many people from 62 to 65 who found themselves unemployed began applying to receive Social Security. While this may help in the short term, in the long term, your lifetime payments are reduced.

But waiting until your full retirement age, whether 65 to 67, depending on your birth date, will ensure that you receive 100% of your earned retirement benefits. If you wait until age 70, you’ll receive even more.

Rescinding Your Social Security Benefits

If you decided to begin taking Social Security while unemployed and change your mind later, you can withdraw your application for benefits until a future date. Here’s how it works:

  • You must file to rescind within 12 months of receiving Social Security
  • You must repay all benefits received, including family benefits
  • You can only do this one time

The advantage is that your application will be an “annulment” for your original start date, and you can continue to work and contribute. Your benefits will grow over time, and when you turn 70, you’ll automatically receive Social Security at a higher rate.

Call Us For Help With Social Security, Disability, And Other Claims

We’re experienced in handling all types of benefit claims and have helped more than 4,000 Houstonians get the benefits they need. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.

 

Filed Under: Social Security Disability Tagged With: , ,

Best Way to Fight to Get Approved for Social Security Disability Benefits

June 17, 2021 by

Getting approved for Social Security Disability (SSDI) is a long and difficult process. The application process is confusing and complex, and the risk is high that you’ll do something incorrectly. If you’re in the middle of trying to get SSDI, expect to get at least one denial.

Best Way to Fight to Get Approved for Social Security Disability Benefits

You may be told that Social Security denies everyone’s application for Social Security Disability, but that’s not entirely true. However, over two-thirds of applicants see their initial application denied. Frequently, these denials are for avoidable reasons. What’s the difference?

Main Reasons For Denial

During the application process, it’s important to show that you are disabled, unable to work, and need help. You must demonstrate that you are unable to work, or complete any “substantial gainful activity.” Your condition must also last longer than 12 months or end in death. The reasoning is that a shorter period for something non-fatal like a broken leg isn’t a “disability.”

There are three main reasons that Social Security will deny your disability claim:

  1. Insufficient work credits or other technical details (i.e., an incorrectly completed application)
  2. Medical reasons, such as insufficient medical evidence or your condition is not considered “disabling” or that your condition won’t last longer than 12 months or end in death
  3. Non-medical reasons, such as making too much money

If you are denied, do not give up. You do have options.

Fighting For Your Benefits

“Fighting” may be a strong word to use, especially if you can’t work for whatever reason. But if you’re disabled and can’t work, it’s important to show Social Security that you are disabled.

Don’t fall into the mindset that all you need is medical evidence to prove your disability in order to get benefits. There’s more to it than that.

The first thing a claims examiner needs to see is sufficient evidence that supports your doctor’s statements and assessment of your disability as well as the statement that you are disabled. Without it, there is no proof that you’re truly disabled.

Because claims examiners see so many applications every day, it’s important to have a claim that correctly and truthfully shows your diagnosis, prognosis, as well as your functional limitations. This is a list of the things that you are unable to do because of your disability and diagnosis. Without it, an examiner will believe that you have no functional limitations, and are capable of working.

In addition to proper medical evidence, you’ll also need to keep abreast of deadlines, ensure that any requested documentation is included with your application and that your application is even received. You should also call and check the status of your claim so that it isn’t ignored.

When sending anything to Social Security, consider sending it “certified” along with the “return receipt requested.” It costs extra and is a bit more trouble. But you can not only prove that you sent it, but that someone at Social Security received it.

When Should You Apply?

Submit your application as soon as you become disabled. There is no waiting period. The longer you wait, the more money you could lose, since Social Security will only pay you up to one year prior to your application. You can apply the day you become or declared disabled. Therefore, if you are disabled, apply immediately.

Initial applications can take three months or longer for a decision, but appeals may take months (or even years) due to the backlog of cases.

It also means that the other one-third of applications are approved on the first try and don’t need anything else.

Hiring An Attorney

One way to increase your chances of getting approved either with your initial application or on appeal is to work with an experienced disability attorney who understands how to file an application and navigate Social Security’s process.

A disability attorney can help with your initial application, gather medical records, verify your eligibility through work credits, assist with an appeal, and ensure that everything is done correctly in either case.

Because disability attorneys work on a contingency fee basis, you won’t owe a fee until your case is won. Additionally, the fee comes from your “back pay,” and is limited to 25% of your back pay or a maximum of $6,000. Social Security will also pay your attorney directly if you have “back pay” benefits.

While an attorney can’t guarantee success, having one greatly increases your chances of success either on your initial application or with the appeal.

Houston’s Social Security Attorney

Whether you’re applying for social security 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: , ,

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: , ,

Can I Get SSDI Benefits For Opioid Addiction From Prescribed Medication?

March 19, 2020 by

Can I get SSDI benefits for Opioid Addiction from prescribed medication?

Opioid addiction have become one of US’s biggest drug concerns. This type of drug can be either synthetically produced or derived from opium. Most commonly used as pain relief, they are effective, but also have the potential to become addictive in some patients.

The term “opioids” can include anything from the illicit heroin to synthetic versions like fentanyl (a very tiny amount can be instantly fatal) as well as prescription pain relievers such as morphine, codeine, oxycodone (also known as OxyContin), hydrocodone (also known as Vicodin) and a number of others.

Opioids are great at relieving chronic pain, but patients can’t just stop taking them or they quickly experience withdrawal. The unfortunate nature of their effectiveness is also the pathway to addiction.

More than 40% of individuals on Social Security Disability are prescribed opioids for pain relief. Many are on very high doses for musculoskeletal disorders, which comprised 94% of chronic users. Depression among opioid users is about 38%. But if you find yourself unable to live without them, even when properly prescribed by a doctor, you could be addicted.

What Is An Opioid?

The term “opioid” describes a class of drugs that bind to the body’s opioid receptors. Morphine and other opioids are frequently prescribed for pain.

Opioids can also offer a feeling of euphoria, leading to the continued use and eventual mis-use of prescriptions. This is how many people become addicted in a short period of time.

Prescription opioid addiction is a particularly difficult situation, because the patient is frequently in a certain degree of pain. As with any addictive drug, the patient may find themselves increasing the amount of medication to get the same degree of relief from the drug. Eventually, they can’t stop taking the drug, because they may experience severe withdrawal symptoms as well as the return of physical pain. In some cases, patients may turn to more illegal forms of opioid like heroin if they are unable to acquire additional prescriptions.

Disability For Opioid Addiction

Social Security’s rules for disability due to addiction are very straightforward, and the short answer is usually “no.” But it’s not that simple.

Social Security doesn’t consider a drug addiction of any kind a disabling condition, even if it prevents someone from working. Only until it produces irreversible, permanent conditions does the Social Security Administration consider someone eligible for disability. All cases are reviewed in the same manner, no matter how the disability occurred.

SSA does not consider an addiction to properly prescribed prescription drugs to need a drug addiction or alcoholism determination (DAA.) However, SSA can take into consideration the disabling effects and limitations caused by a prescription that is used to treat a condition that a claimant is applying for. The side effects of a medication should be included when describing the seriousness of a patient’s condition.

In Social Security Ruling 13-2p, the SSA clarifies this point by stating that a DAA determination is “not to be applied” in cases of “addiction to, or use of, prescription medications taken as prescribed, including methadone and narcotic pain medications.” This also means that any side effects of the prescription will be taken into account when considering if a claimant’s symptoms are severe enough to be disabling.

What SSA Will Consider

The SSA previously had a listing for drug addiction, but as of 2018, that listing no longer exists. Impairments that result from a substance abuse addiction include:

  • Depression
  • Anxiety disorder
  • Personality disorder
  • Seizures
  • Brain damage (neurocognitive disorders)
  • Peripheral neuropathy
  • Gastritis
  • Pancreatitis

Of course, as with any condition, the SSA will require evidence of your condition, including diagnostic reports, your treating physicians’ contact information, details of any hospitalization, and a list of your medications and associated side effects.

While chronic misuse of opioids such as codeine may not produce permanent organ damage, improvements in brain imaging offer evidence of abnormalities as a result of codeine. This may also apply to other forms of opioid narcotics.

Permanent limitations that result from opioid drug use may be considered disabling if they are to the degree that they are serious enough to rate.

Houston’s Opioid Addiction Attorney

Social Security Disability laws are complicated and complex. If you’ve been denied disability payments for drug addiction or other debilitating condition, call us immediately. We’re ready to help.

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 user 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: , ,

The Role Of A “Vocational Expert” At Disability Hearings In Houston

January 20, 2020 by

One of the biggest sticking points in a disability claim is whether or not you can go back to work. Depending on your previous occupation, your disability claim may hinge on whether or not you can continue to work at your “old job.”

The Role Of A Vocational Expert At Disability Hearings In Houston

The Social Security Administration employs the use of an expert witness to help them determine your ability to return to work. Known as a “vocational expert,” these individuals assess both your abilities and the current labor market skills and needs, and testify in front of an Administrative Law Judge (ALJ) at your hearing.

What The Vocational Expert Does

This is the person who looks at your limitations, the current job market, current skills, and your past work history and decides whether or not you can return to some kind of work, or if you are too disabled to work. This testimony is important, and can be the difference between having your claim approved or denied.

A VE is not an attorney, and their opinion is considered to be impartial. He or she will have degrees and training related to the profession, as well as related work experience. The VE will review 15 years of your work experience to determine if you have any transferable skills to a different occupation.

Job Title Vs. Your Actual Job

Just because you had a specific job title doesn’t mean you did the same thing as others with the same title. The VE must also understand the actual responsibilities you had and the tasks you were required to perform. It’s important that the VE know what you did in your last job, rather than a generally accepted job description or the description in the Dictionary of Occupational Titles (DOT)  or the Occupational Outlook Handbook from the Bureau of Labor Statistics.

It is also important that you (or your disability law attorney) ask the VE to explain the job title and the associated duties used to describe your previous work.

During a hearing, your attorney will ask you questions about your last job, what you did, as well as things like physical requirements that were a part of the job. This clarifies the job title vs. actual job quandary so that your side is accurately represented. The VE should use the job title along with the skills and duties that were included in your previous work.

Residual Functional Capacity (RFC)

One option that a VE may use is a residual functional capacity assessment to find out what you can and can’t do in relation to your previous employment. This report describes the maximum exertion you can do in a normal work setting on a daily and continual basis.

Additionally, the VE and/or the ALJ will need to assess “function-by-function” to determine your limitations in the RFC compared to the requirements of your past occupations. If the RFC does not agree with the job conditions, you may be ruled disabled.

What A Disability Law Attorney Does For You

While the ALJ asks the vocational expert a series of questions, including hypothetical ones, a disability law attorney will cross-examine the VE and challenge their view on what you can and cannot do.

Cross examining the VE challenges him or her on his or her findings of your limitations and abilities and asking about things that the ALJ left out of the hypotheticals will increase your chances of winning your claim. Without an attorney, you’re at the mercy of people who may or may not have your best interests at heart.

Need Help With A Disability Claim? Let Herren Law Help

The Herren Law Firm has helped over 4,000 clients successfully win their claims. We can help with your application, appeals and help you through the process, and give you one less thing to worry about. 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.  We only collect if we win your case.

Filed Under: Social Security Disability Tagged With: , ,

How Does Divorce Affect Social Security Survivors Benefits?

November 20, 2019 by

One of the most important parts of financial security for retired and widowed individuals is Social Security. This is especially important for women, since women characteristically are younger than their spouses but outlive them.

Social Security Survivors Benefits

One of the lesser-discussed topics of Social Security is the survivors benefits paid to spouses, children, and occasionally parents of a deceased worker. The National Academy of Social Insurance estimates that 7.5 million individuals over the age of 60 receives SS benefits based on the work record of a deceased spouse, with about 3.7 million of them widowed spouses. As long as the deceased worker has collected enough credits to receive Social Security, survivor’s benefits are available.

In some cases, even if you were divorced from your spouse, it’s still possible to collect Social Security survivor’s benefits from your former spouse.

Criteria For Survivors Benefits

For a widowed spouse to collect survivor’s benefits, the following conditions must apply:

  • The deceased must be collecting Social Security at the time of death
  • You must be over the age of 60 (or 50 if you are disabled); you’ll receive anywhere from 71.5% to 100% of the deceased’s monthly amount depending on your age, or
    • There is no age limit if you are caring for a child under 16 or a disabled child of the deceased, or
  • You must be a child of the deceased, under 18 or 19 and 2 months if still in high school, or
    • You have a disability that began before the age of 22
    • You’re a grandchild or stepchild of the deceased
  • Parents of the deceased, aged 62 or older, who were financially dependent on the deceased. One parent will receive 82.5% of the deceased’s benefit for one parent, two will receive 75% each.

Additionally, there is a one-time death benefit of $255 available in a lump sum payment for the widowed spouse, minor children, or an adult child who is disabled. There are specific conditions that apply to this separate death benefit as well.

What If You’re Divorced?

Surprisingly, you can still apply for and collect these benefits from your former spouse, if:

  • Your former spouse was collecting SSDI or Social Security retirement at the time of death
  • Your marriage to the worker lasted 10 or more years
  • You did not remarry before the age of 60, or age 50 if you are disabled, if the disability happened within 7 years of the worker’s death
  • You are raising the child of children of your former spouse that are under the age of 16

As a divorced spouse:

  • You’ll receive 100% of your deceased ex-spouse’s retirement or SSDI benefit if you are of full retirement age.
  • You’ll receive between 71.5% and 99% of your deceased ex-spouse’s retirement or SSDI benefit if you are between 60 and full retirement age.
  • You’ll receive 71.5% of your deceased ex-spouse’s retirement or SSDI benefit if you are between 50 and 59 and disabled, and your disability happened before your former spouse died, or within 7 years of their death.

You can still apply for the one-time death benefit if the same conditions apply.

Divorced males as well as females can collect survivor’s benefits from their former spouses. However, if your own Social Security benefits are higher than the amount of your survivor’s benefit, you’ll receive that higher amount instead. Additionally, you won’t receive more than you would normally—your total monthly amount won’t exceed what you’d receive every month as an individual.

Remarriage

If you remarry before the age of 60 (or 50 with a disability) you will lose the survivor’s benefits from your former spouse. If your new spouse dies, you can resume receiving the survivor’s benefits from your previous spouse as you did before.

Remarriage after the age of 60 will have no effect on your survivor’s benefits, and you can continue to collect them.

Maximum Family Benefit

There is a total amount that family members—children, parents, etc.—will receive as survivors.

If you receive survivor’s benefits based on caring for a child, that will be taken from the maximum family benefit. The benefits you receive will be taken from the maximum amount, and decrease the amount of money that other family members may receive.

However, the money you receive as a divorced spouse will not affect that maximum.

Need Help With Social Security Or Disability? Get Help From Herren Law

The Herren Law Firm can help you with your application, appeals and help you through the process, and give you one less thing to worry about. 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.  We only collect if we win your case.

Filed Under: Social Security Disability Tagged With: , ,
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