Social Security Disability Eligibility

Determining Social Security Disability Eligibility

by Staff | January 12th, 2015

Millions of Americans depend on Social Security Disability benefits as a source of income, and each year, more citizens apply for federal assistance programs. Many of the people who depend on SSD benefits are asking, “How is the amount in benefits each disabled citizen receives determined?”

While many believe benefits are figured based on the severity of the condition or individual need, it’s actually more complicated than that. Instead, Social Security Disability eligibility and payments are determined based on the amount of time the recipient has worked as well as how much income they made during that time.

Social Security Disability eligibility is based on a credit system, with Americans earning credits for the annual income they earn. The Social Security Administration says you typically need 40 credits—20 of which must be earned within the last decade prior to developing your condition—to receive benefits; however, this number can be modified based on your age.

Other factors that can affect Social Security Disability eligibility include citizenship, education, and even marital status.

With so many variables coming into play with determining your Social Security Disability eligibility, it’s easy to see why it’s so important to have legal representation by your side throughout the application process.

At Fleschner, Stark, Tanoos & Newlin, we have helped many disabled citizens get the benefits they deserve and can do the same for you. Call our Social Security Disability lawyers today at (800) 477-7315 today for a free consultation of your case.

Changes Made to Social Security Disability Eligibility With Approval of the ABLE Act

by Staff | December 8th, 2014

Getting approved for Social Security Disability benefits can be difficult enough, but keeping benefits after you’ve been approved can be just as arduous. One of the most frustrating aspects of holding on to Social Security Disability eligibility is managing your finances and assets.

For years, the Social Security Administration had established guidelines that prevented Social Security Disability recipients from acquiring more than $2,000 in assets at any given time. This made paying for medical expenses, education, transportation, or even attempting to buy a home virtually impossible. That’s why lawmakers recently passed a bill that adjusts these limits.

ABC News reports lawmakers have approved the Achieving a Better Life Experience (ABLE) Act. This bill will allow Social Security recipients to set up tax-free bank accounts that would allow them to deposit up to $14,000 a year to help cover expenses. The accounts would be capped after accruing $100,000. Officials say they hope the move will allow the disabled to live a more independent lifestyle.

At the law firm of Fleschner, Stark, Tanoos & Newlin, we are aware of how difficult it can be to make ends meet when you’re disabled and have limited finances. That’s why our Social Security Disability Lawyers are hopeful the ABLE Act will successfully allow the disabled to save money in order to cover the expenses that can affect their daily lives.

Social Security Common Conditions: Kidney Disease

by Staff | November 12th, 2014

The body needs to be able to excrete waste in order to properly function. If this cannot be achieved, it can lead to an individual developing any of several conditions—including kidney disease.

What Is Kidney Disease?

The kidneys are the organs in the body that are responsible for helping filter the fluids and blood in the body. If these organs fail, deadly toxins can build up, which can lead to patients being unable to work and in need of extensive medical treatment. If not treated, it can eventually cause death.

What Help Is Available to Those with Kidney Disease?

To help with the expenses associated with costly medical bills and lost wages, the Social Security Administration considers kidney disease to be a condition that may qualify a person for Social Security Disability benefits; however, it’s important to understand the rules associated with Social Security Disability eligibility as it pertains to this particular condition, especially since the rules recently changed.

What Are Social Security’s Eligibility Rules for Those with Kidney Disease?

Officials recently altered the wording of the law to provide more clarification as to what determines when a genitourinary disorder is considered to be “frequent” or “interferes” with another aspect of daily life. Furthermore, the documentation requirements for hemodialysis and peritoneal dialysis were updated.

Let Us Assist You

These changes can bring up questions among many kidney disease sufferers regarding their legal rights to Social Security Disability benefits, and our team of attorneys at Fleschner, Stark, Tanoos & Newlin are here to help. To speak with one of our Social Security Disability attorneys about your case, call us at (800) 477-7315.

Report Points to SSA Cyber Security Weaknesses

by Staff | November 7th, 2014

The Social Security Disability program is based on a system in which the income workers make is used to earn credits. The credits are used to determine one’s Social Security Disability benefit eligibility and the amount they will receive in benefits. That’s why it’s so important that the information the Social Security Administration (SSA) keeps is accurate and protected. But one new report shows the agency may be lacking in cyber security.

According to the Federal Times, the SSA underwent an audit that examined 11 facets of data security. Unfortunately, experts found weaknesses in eight of those particular areas, including:

  • Identity Management
  • Access Management
  • Risk Management
  • Security Training

Even more disturbing is that many of these same problems were identified in an audit done on the agency’s inner-workings last year. Officials fired back at this point by saying it takes time to implement solutions to these particular issues.

Many Americans are now wondering what they can do to protect their potential disability and retirement earnings. The Social Security Disability Lawyers with Fleschner, Stark, Tanoos & Newlin suggest starting with the passwords you use for My Social Security and other accounts. Do not give passwords to anyone else and change them once every few months. It’s also wise to regularly check your earned benefits to ensure your records are accurate.

We hope these tips help you to keep your personal information safe on the Web.

What Is A Social Security Disability Medical Consultant?

by Staff | September 29th, 2014

Social Security Disability benefits are designed to help those who have suffered medical conditions that prevent them from working, but who determines eligibility?

Many people believe that if their doctor has diagnosed their condition and medical evidence of the diagnosis can be provided, they should be approved for benefits. However, this isn’t the case. Doctors can’t determine if people are eligible for Social Security Disability—only Social Security Disability medical consultants can make these determinations.

According to the Social Security Administration (SSA), a medical consultant is a person who makes disability determinations for the agency. Most are licensed physicians, but many are trained in specific areas of medicine and meet the requirements of their specialty areas.

They make their determinations based on the standards for the medical conditions outlined in the SSA’s Blue Book.

This is why it’s important to have a Social Security Disability lawyer examine your case prior to filing for benefits. A lawyer can help make sure the evidence and documentation presented in your filing is likely to meet SSA requirements.

At Fleschner, Stark, Tanoos & Newlin, we have worked with thousands of Social Security Disability applicants, and we know how to navigate the SSA’s application process. Find out how we can help you by calling our legal staff at (800) 477-7315.

Social Security Common Conditions: Speech Disorders

by Staff | August 27th, 2014

Speech disorders affect roughly 7.5 million United States citizens. Many of those with speech disorder disabilities may qualify for Social Security Disability benefits, but it’s important to understand the eligibility requirements before applying.

For example, most children begin to develop speech patterns by six-months of age and have mastered articulating full sentences between ages 3-5. However, those who suffer from an articulation deficiency may never gain this ability, and the Social Security Administration will evaluate each case based on a patient’s ability to produce speech by any means necessary, including the use of mechanical or electronic devices. Speech impairments may also be evaluated as symptoms of other underlying disorders.

This just goes to show that proving a speech disability can be complex. That’s why most experts suggest speaking with a Social Security Disability attorney if you’re considering applying for benefits because of a speech disorder or if you’ve had a claim denied in the past.

At Fleschner, Stark, Tanoos & Newlin, we know what it takes to successfully file a Social Security Disability claim, and we want to help you understand the process. Learn more about how we can assist you be giving us a call at (800) 477-7315.

How to Determine Your Social Security Disability Eligibility

by Staff | July 14th, 2014

There are many struggles you may face if you’re unable to work because of an injury or illness, but one of the most difficult hurdles to overcome is getting financial support to cover your day-to-day expenses. Luckily, programs like Social Security Disability (SSD) are available for many suffering from disabilities. However, you may have questions about qualifying for SSD benefits.

The Social Security Administration (SSA) determines Social Security Disability eligibility by asking three questions:

  • Can you do the work you did prior to accident or illness?
  • Is there other work you are capable of doing?
  • Will your condition last longer than on-year?

Depending on your answers to these questions, you may qualify for SSD benefits, but there are other factors that must be considered before your benefit claim will be approved. An informative video from Daily Finance explains two of these factors:

  • Wages– The SSA determines whether you make enough money to cover your own expenses. If not, you make qualify for benefits. It’s important to remember you can continue earning a small income while still receiving SSD through programs such as Ticket to Work.
  • Your Condition– Depending on the injury or illness you’re suffering from, you may automatically qualify for benefits through Compassionate Allowances.

Having a Social Security Disability attorney by your side can prove beneficial when applying for SSD benefits. At Fleschner, Stark, Tanoos & Newlin, we are here to help you answer any questions you may have if you are considering applying for SSD benefits, or if you have a claim that’s been denied in the past. Call anytime for a free consultation of your case.

Work History and Social Security Disability Eligibility

by Staff | May 19th, 2014

A disabled worker must have put have earned enough while working to qualify for Social Security Disability benefits. But what type of work history do you need to be eligible for benefits?

The answer to this question can be complex. An individual seeking Social Security Disability eligibility must not only have worked a certain length of time, but also recently enough to collect assistance through the program.

In order to determine an individual has worked long enough, the Social Security Administration uses a credit system. For example, for every $1,200 in income a claimant earns in 2014, they will receive one credit. Typically, a claimant must accumulate 40 credits—with 20 being earned in the last 10 years—in order to qualify for benefits.

The amount of time an individual must have worked is also affected by the claimant’s age. Younger individuals may qualify for benefits with fewer credits.  For instance, a person who is younger than 24 years of age may qualify for benefits with only 6 credits accumulated over the past 3 years.

These rules highlight just how confusing the Social Security Disability system can be. They also show the importance of having a qualified Social Security Disability attorney by your side when filing for benefits.

At Fleschner, Stark, Tanoos & Newlin, our legal staff can help your questions while walking you through each step of the application process. Just call (866) 684-7216 or fill out a free online form on our website.

New Video Shows “The Faces and Facts of Disability”

by Staff | May 16th, 2014

There are an estimated 56 million Americans living with disabilities, many of whom are unable to work due to their conditions. These individuals may be eligible for Social Security Disability benefits, but one of the greatest hurdles the program must overcome is finding a way to inform disabled Americans about the benefits provided by the Social Security system.

The Social Security Administration is working to solve this problem with a new video that provides many of the details surrounding Social Security Disability benefits. “The Faces and Facts of Disability” discusses not only some of the most common disabling conditions, but also some of the myths that surround the program.

Social Security Disability Eligibility is addressed as one of the most frequently asked about concerns about the program, and the video covers who may qualify and what some of the standards for determining eligibility are.

If you are considering applying for Social Security Disability benefits, the Social Security Disability attorneys at Fleschner, Stark, Tanoos & Newlin encourage you to watch the video. If you need more information, we can be reached at (866) 684-7216, or you can fill out a free online form on our website.

3 Factors Used to Determine Social Security Disability Eligibility

by Staff | May 12th, 2014

You may qualify for Social Security Disability benefits if you’re unable to work because of a mental or physical condition. When applying, it’s important to remember there will be three factors that will come into play when determining your Social Security Disability Eligibility, including:

    1. Age- The Social Security Administration will partially use age to determine your ability to learn new skills and take on different work. If you are younger, typically below 55-years-old, you may be considered more capable of making these adjustments.
    2. Education- Your level of schoolingwill also be used to determine your ability to be retrained or take on other work. Special considerations may be given if you have limited English proficiency.
    3. Work Experience- You must have worked a certain amount of time and paid enough into the system in order to be eligible for Social Security Disability benefits. Employment history may also be used to determine if you are capable of taking on a different employment role.

      The Social Security Disability attorneys with Fleschner, Stark, Tanoos & Newlin know how confusing the process of applying for disability benefits can seem. That’s why were are here to help if you are considering applying or have a claim that was denied in the past. Give us a call us at 866-684-7216 or fill out a free online form to get in touch with us today.