Dementia and Social Security Disability Benefits

December 20, 2021 by

Most people think of “dementia” as a specific disease, but it’s actually an umbrella term for several types of conditions involving cognitive decline. These include Alzheimer’s Disease, (the most common) Lewy Body Dementia, and Vascular Dementia.

https://www.alz.org/alzheimers-dementia/what-is-dementia/types-of-dementia

These conditions are characterized by changes in normal brain functioning that disrupt cognitive abilities. Any one of these conditions can lead to problems with everyday life and a person’s independence. They can also impact the person’s behavior, relationships, and feelings.

Short term memory problems appear first, leaving someone unable to take care of normal daily tasks such as:

• Paying bills
• Getting dressed in the morning
• cooking their own meals
• Traveling
• Remembering things like doctor’s appointments

At first, these symptoms might be subtle. Eventually, they will become so pronounced that can cause problems for someone who is employed. Impairments in judgment, language skills, and personality will, over time, prevent someone from continuing working.

What Causes Dementia?

Alzheimer’s, stroke, brain hemorrhage, and other head injuries can lead to dementia. While dementia is most likely to strike elderly patients, the onset of dementia symptoms can affect anyone at any age. A neuropsychological evaluation by a physician can determine if a patient does have dementia.

Well, there is no cure for dementia, there are treatments available that can help with symptoms and delay the eventual decline.

Qualifying For Social Security disability

Like any condition, Social Security Requires that a person meet the qualifications for “disability.” This means that dementia has progressed to the point where a person’s functionality has decreased to the point where they are unable to work, either in a previous occupation, or any other occupation.

Social Security lists dementia under their disability listing 12.02 for neurocognitive disorders.

The most common qualification for dementia is if it prevents someone from working for 12 months or longer or will end in death. However. It is also possible to apply for Social Security benefits if the person is under the age of retirement. The difference is that once the person reaches their full retirement age, from 62 to 67, the disability benefits would then be converted to retirement benefits.

Medical evidence is required to show that dementia interferes with a person’s ability to:

• Understand, apply, and/or remember information
• Learn and remember
• Interact with others
• Planning and judgment
• Manager and/or adapt themselves
• Concentrate and maintain a pace.

Other criteria include delusions, hallucinations, disorganized thinking, and or speech, catatonia, and highly disorganized behavior.

To show that someone has the symptoms of this ailment, they will also need sufficient medical evidence and a medically documented history to support the claim of disability from dementia

Compassionate Care

More than 240 conditions, including this one, qualify to fall under Social Security’s “compassionate care” category. Because qualification for disability can take months or years, these conditions are fast-tracked to be approved in a short period of time, sometimes in just weeks.  Just like any other condition, an applicant must have sufficient medical information and documentation to prove disability. Once Social Security receives this information, no additional steps are required to be approved for the benefits period. Because dementia and other conditions are chronic and severely disabling, applicants don’t have to go through a long process to receive benefits.

Houston’s Social Security Disability Insurance Attorney

If you or a loved one are dealing with dementia, it is possible to receive Social Security Disability Insurance (SSDI) once a diagnosis is received and get the required documentation. Working with a disability attorney who understands Social Security’s processes can ensure that your application is done correctly, especially in light of the compassionate care category for dementia.

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 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: , ,

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: , ,
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