July 18th, 2014|
There are millions of Americans who are unable to work because they suffer from mental or physical conditions, leaving them with limited resources for income. Help is available to many of these individuals through Social Security Disability benefits, but many U.S. citizens continue to question what conditions will necessarily qualify for the program.
There is currently a list—known as the compassionate allowances— of more than 200 conditions that automatically qualify for expedited processing of a disability claim. These conditions have been recognized as extremely serious and commonly lead to an approved Social Security Disability claim.
If your condition is not listed as a compassionate allowance, there is still hope; however, your case may face more scrutiny. The Social Security Administration requires extensive proof that your condition:
- Prevents you from continuing the work you once did.
- Leaves you unable to preform a different job.
- Will persist for longer than one-year or is expected to result in death.
If your condition falls under these standards, you may qualify for benefits. It’s important to remember there are never guarantees of an approved claim, considering as much as 70 percent of Social Security Disability cases are initially denied.
This is why it’s crucial to have a Social Security Disability lawyer by your side through each step of the claims process. At Fleschner, Stark, Tanoos & Newlin, our legal staff can help guide you through the Social Security Disability system. So get in touch with us today for a free consultation of your case.
May 30th, 2014|
It’s no secret that getting approved for Social Security Disability benefits can be difficult. Having an insight into what demographics are most likely to receive an approval may prove effective in helping you to understand what is needed for your claim.
A recent study showed an increasing rate of women meeting the Social Security Disability Qualifications. The increase was found to have especially spiked in younger women.
NewsMax explains the National Center for Policy Analysis found the rate of women being approved for Social Security Disability benefits had climbed by 19 percent over the past 42 years.
Researchers also concluded that more women between the ages of 30 and 39 years old were receiving benefits as compared to men of the same age.
One noted reason for the increase was the changes that have been made to Social Security Disability regulations over the years. Experts pointed out the reforms to the laws have eased the restrictions to receive benefits over time.
The complexities of the Social Security Disability system are why the team of Social Security Disability Lawyers at Fleschner, Stark, Tanoos & Newlin suggest speaking with an attorney prior to filing a claim for Social Security benefits—or if your claim has been denied in the past—to ensure your legal rights to fair compensation are protected. Call us anytime to discuss your case.
May 2nd, 2014|
There are many factors that can go into the process of determining if someone qualifies for Social Security disability benefits. However, one senator says he believes an inability to speak English is resulting in disability claimants being fast-tracked for benefits approval.
The allegations came in a letter from the senator to the Social Security Administration’s Acting Commissioner, Carolyn Colvin. The letter claims the Social Security Act states that an individual’s educational level can be taken into consideration when qualifying an individual for disability benefits. Since learning to read and write English is typically learned in a school setting, the inability to do so may be fast-tracking certain applicants who can’t speak English through the system.
In an article from The Washington Free Beacon, several specific rulings were highlighted, including that of a man who spoke English during an on-the-record meeting with a judge. He asked that his case be continued in order to hire an attorney, which was granted. His attorney then later claimed at the hearing that his client could not speak English. The judge received a response of “no” through an interpreter, and the law did not allow the judge to question the claimant any further.
September 13th, 2013|
September 13, 2013
The loss of a limb due to an accident can have devastating effects on an individual’s ability to perform work duties. The Social Security Disability Lawyers with Fleschner, Stark, Tanoos & Newlin explain that someone afflicted with such an injury must meet certain criteria before their claims for benefits can be approved.
According to the Social Security Administration (SSA), an individual can be found automatically disabled if their amputation falls under the criteria of:
- An amputation of both hands
- Amputation of one or both legs at or above the ankle
- Amputation of one hand and one leg at or above the ankle
- Amputation of one leg up to the hip
- Pelvic amputation
The SSA is not concerned if the amputation was the result of an accident or a disease. Also, in many cases, the SSA will require that an individual walk “ineffectively” due to limb loss in order to receive Amputation Disability Benefits. The term “Ineffective walking” is defined as having complications with the loss of a limb that prevents a prosthetic device from properly being used, requiring a patient to use a walker, crutches, canes, or a wheelchair.
While many amputations may not fall into these categories, it does not mean that a patient is not qualified to receive Social Security Disability Benefits or Supplemental Security Income. That’s why the law firm suggests discussing your case with an attorney if you have undergone an amputation and are considering applying for disability benefits.
July 19th, 2013|
July 19, 2013
More claims for Social Security Disability Benefits are being filed in the United States today than ever before. One of the leading types of disabilities being listed as the need for benefits are mental conditions. This leaves many wondering though, “What mental conditions qualify an individual for benefits?”
The Social Security Administration (SSA) requires that most mental conditions be stringently documented by medical professionals and meet other criteria as well. For instance, an individual wanting Social Security Disability for Schizophrenia or other psychotic disorders must show they have experienced repeat documented instances of symptoms that has impaired the patient’ ability to work. Furthermore, the individual must show inability to maintain at least two of the following:
- Daily Activities without Restriction
- Social Functioning
- Concentration or Pace
- A Period of Time Without Episodes of the Disease
Once an application for benefits is received by the SSA, along with all the necessary documentation of the disease from medical professionals who have treated the patient, the agency will begin processing the claim. This can be an extremely drawn out process that can take months to complete.
The Social Security Disability Attorneys with Fleschner, Stark, Tanoos & Newlin are aware of how frustrating the processing of a disability benefits claim can be. That’s why the firm is here to help if you are considering applying for benefits or have a claim that has been denied in the past.
June 12th, 2013|
June 12, 2013
When a person’s mental or physical condition leaves them facing death or unable to work for extended periods of time, they may meet Social Security Disability Benefit Qualifications. However, only certain conditions are deemed as eligible to qualify for such aid.
Even if a person suffers from a condition that allows them to collect benefits, there are still stacks of paperwork that must be supplied as evidence of the condition. The Social Security Administration (SSA) says that documents and records of a diagnosis of the condition must come from a qualified physician or other medical professional. Documentation from a medical professional treating the condition may be required as well, considering they are often the ones who can supply the agency with more information regarding how long the claimant will be affected.
This leaves many asking, “What kind of documentation is the SSA looking for as evidence of a disabling condition?” Items such as medical reports, laboratory results, and even transcriptions from consultations may be examined during the approval process for a claim.
Even when documentation is provided, a claim is still often denied. Records show that roughly 70 percent of initial claims filed for disability are denied.
The Social Security Disability Lawyers with Fleschner, Stark, Tanoos & Newlin acknowledge the complexities of the Social Security Disability system. That’s why the firm suggests discussing your case with an attorney if you are considering applying for benefits or have a claim that was denied in the past.
June 5th, 2013|
June 4, 2013
Each year, millions of Americans are left unable to work due to a disabling physical or mental condition they are afflicted with. Most are left depending of Social Security Disability Insurance and Supplemental Security Income to make ends meet; however, the process of filing a claim and having that claim approved can be quite complex.
These complexities leave many potential claimants asking numerous questions as to what qualifies an individual for benefits and what is needed in order to prove their condition. An article from the Centers for American Progress explored the answers to both of these questions.
The law states that the standard for being considered disabled is not being able to earn a minimum of $1,040 per month due to a physical or mental impairment. In order to qualify for Social Security Disability benefits though, the impaired individual must have worked for at least one-fourth of their adult life and been employed for at least five of the last 10 years before the onset of their disability. The individual’s condition must also leave them unable to work for at least a year or leave them potentially facing death.
Once proof can be established of an individual’s work history, the impaired individual then holds the burden of proving their condition. Evidence from doctors, hospitals, and other specialized medical facilities will be required in order for a claim to be approved.
The Social Security Disability Lawyers with Fleschner, Stark, Tanoos & Newlin may be able to help if you are considering applying for benefits.