Are you unable to work because of a disability? Get the answers you need on Social Security Disability to protect your rights

Experienced Social Security Disability Attorney Discusses How Applicants With Chronic Urticaria May Be Eligible for SSDI Benefits

It is a common misconception that only completely bedridden people can qualify for disability benefits. The reality is that a wide range of Americans apply for Social Security Disability Insurance (SSDI) when their medical condition stops them from working. Skin disorders like chronic urticaria can be tremendously debilitating. Individuals with chronic hives may be eligible to receive SSDI benefits if the condition is severe enough. To gain greater insight into your specific case, consult with Patrick Hartwig and the SSDI attorneys at Keefe Disability Law immediately. 

What Is Chronic Urticaria?

Put simply, urticaria is the medical term for hives. These are round, swollen areas on the skin. Also called welts, hives can be itchy, uncomfortable, and painful. Chronic urticaria describes when the welts last for more than six weeks at a time. People with this skin condition may experience return episodes for months or even years. 

Diagnosis of Chronic Urticaria

The process of diagnosing chronic urticaria can involve several steps. Patients may seek medical attention during a bout of hives, think they are cured, and then have the hives return some time later. Chronic urticaria is a relatively rare skin condition, so many doctors may not have much experience with it. It is most common among women aged 40 to 59. 

Your family doctor may refer you to a dermatologist or allergist for further testing. They may examine your skin, review your medical history, take a skin biopsy, and conduct allergy testing. Diagnosis may involve a process of elimination to rule out other possibilities. Many people with chronic urticaria ultimately find no known cause. 

Typical Symptoms

Chronic urticaria is characterized by hives that appear on the skin for weeks at a time. The circular-shaped welts can be itchy, tender, and painful. People with lighter complexions may experience redness. All skin types may see hives that are lighter or darker than the surrounding skin. Urticaria may be localized or appear all over the body.

To improve the chances that the Social Security Administration (SSA) approves your disability application, be sure to get detailed notes from your doctor. The more specific information you can provide about symptoms and the impact they have on your daily life, the better. 

Secondary symptoms caused by chronic urticaria may include: 

• Sleep disturbances
• Depression
• Anxiety
• Joint pain
• Fatigue
• Headaches

Causes and Triggers

Environmental and physical factors may trigger chronic inducible urticaria. Some examples of possible triggers include:

• Pressure or friction on the skin
• Prolonged exposure to hot or cold
• Exposure to the sun
• Excessive sweating, like from exercise
• Changes in body temperature
• Contact with an allergen or other triggering substance
• Other medical conditions like diabetes, Celiac disease, or rheumatoid arthritis

When no known external factors trigger hives, patients may be diagnosed with chronic spontaneous urticaria. Chronic idiopathic urticaria is another term. Certain immune disorders may contribute to symptoms, too.

Possible Impairments Preventing Substantial Gainful Activity

On the surface, itchy skin may not seem like enough to qualify for disability. However, severe skin conditions can dramatically impact a person’s ability to engage in substantial gainful activity (SGA). 

Chronic urticaria can lead to secondary debilitating factors. Severe joint pain can limit physical movement. Symptoms of depression, anxiety, and high levels of stress can make it impossible to work effectively over the long term. Swelling, itching, and pain can disturb sleep, leading to heightened fatigue and headaches during the day. Patients may struggle to maintain relationships or interact with the public. 

Qualify for SSDI By Equaling a Blue Book Listed Condition

The Social Security Administration maintains a listing of impairments that qualify for disability benefits called the SSA Blue Book. The book outlines specific criteria for qualifying for benefits under each medical condition. Chronic urticaria is not in the Blue Book, so the SSA doesn’t typically consider it a qualifying condition.

However, applicants may be able to prove they are eligible for SSDI in other ways. They do this by showing their chronic urticaria is as disabling as another qualifying condition. Listing 8.00 outlines qualifying skin conditions in adults. To equal the listing for dermatitis, applicants may need “extensive skin lesions” that last for at least three months and persist despite treatment. Listing 14.00 for adult immune system disorders may be another possibility.

The SSA’s Medical-Vocational Grids outline different criteria for disability for different age groups. It is easier for older adults to get approved for SSDI benefits than younger applicants. This is because older applicants are less likely to get retrained or change careers. 

Strengthen Your Disability Claim With Skilled Legal Guidance

Especially when you don’t have a condition that is specifically listed in the SSA Blue Book, it can feel daunting to apply for disability. Understanding exactly what it means to equal a Blue Book can be incredibly complex and nuanced. The SSA denies many SSDI applications due to a lack of medical evidence. Presenting a strong claim supported by credible medical proof goes a long way.

Working with a skilled SSDI lawyer can substantially help your claim. Patrick Hartwig and the team at Keefe Disability Law have years of experience handling disability cases just like yours. We can suggest what medical testing and other support you may need to bolster your SSDI application. Our skilled team of lawyers will help you avoid common missteps and substantiate the severity of your chronic urticaria. 

The Powerful Benefits of Social Security Disability to Americans

Social Security Disability Insurance (SSDI) stands as a crucial safety net for millions of Americans. It offers indispensable support to individuals with disabilities. SSDI extends its impact to the nation at large, providing financial stability to the families of those unable to work. When navigating the complexities of the system, the value of an experienced disability lawyer cannot be understated. Attorney Patrick Hartwig explores SSDI benefits and how society benefits from a more inclusive welfare framework. 

What Is Social Security Disability Insurance?

Managed by the Social Security Administration (SSA), SSDI is a federal program that offers financial assistance to people unable to work due to disability. They must expect the disability to last at least a year or result in death. Funding for the program comes from payroll taxes. 

A major difference between SSDI and Supplementary Security Income (SSI) is eligibility. Both support Americans with disabilities. Unlike the needs-based SSI, SSDI eligibility is not contingent on financial need. Rather, SSDI is based on work history. Both programs have very strict definitions of disability. Also, they do not offer benefits for partial or short-term disability. 

Who Qualifies to Receive SSDI Benefit Payments?

To be eligible to receive SSDI benefits, applicants must meet both medical and non-medical requirements of the program. First, applicants must prove they are disabled. They can do this by meeting or equaling a listing in the SSA’s Blue Book Listing of Impairments. The impairment must prevent them from substantial gainful activity (SGA).

Another critical factor is work history. The SSA states applicants must have worked long enough to qualify for disability. The Administration uses a system of work credits based on total yearly wages or self-employment income. You can earn up to 4 credits each year and most applicants need 40 work credits to qualify for SSDI. 

Benefits of SSDI to Individuals and Society

As an earned benefit, SSDI provides an important social safety net for 160 million workers nationwide. The program benefits not only the individual receiving SSDI payments but also their families and the country at large. 

Saves Lives

SSDI payments not only help with buying groceries and mounting medical bills. According to a report from the Stanford Institute for Economic Policy Research (SIEPR), SSDI is saving lives. The impact of benefit payments on reducing mortality is especially profound among lower-income recipients. 

Increasing annual SSDI payments by $1,000 for those receiving an average of $8,500 from SSDI reduces their annual mortality rate by 7.3 percent. This is during the first four years of receiving disability benefits. 

Reduces Healthcare Costs

Benjamin Franklin famously said an ounce of prevention is worth a pound of cure. By offering some financial stability to people with disabilities, SSDI ultimately reduces overall health care costs. Beneficiaries are less likely to exacerbate their medical condition from working while disabled. 

A common SSDI misunderstanding is that only bedridden people can receive benefits. This isn’t true. SSDI does not only apply to extreme cases. People with temporary conditions may qualify for SSDI until they can work again. SSDI encourages people to seek early medical treatment.

Offers Relief to Families

Families and caregivers of SSDI recipients can have more breathing room thanks to the monthly payments. The monthly benefits are modest, but they can help to cover some of the costs related to daily living, like rent, utilities, and groceries. Ongoing costs like medication and therapy are more manageable, too. Part of the SSDI payment can be put toward hiring a home health aide.

Bridges the Gap to Retirement

According to the Center on Budget and Policy Priorities, the typical worker applying for SSDI is over 50 years old. They have severe musculoskeletal, mental, or other impairments that prevent them from working. 

The reality is that disability risk increases with age. The viability to pivot to different careers decreases at the same time. This is part of the reason why approval for older adults applying for SSD benefits is higher than for younger adults. SSDI can help older adults ease into retirement with greater confidence in their finances. 

Improves Public Safety

Without SSDI, someone with an impairment may feel more compelled to keep working. This can put other people potentially at risk of injury, especially if heavy equipment is involved. Contrary to SSDI misinformation, applicants with temporary conditions may qualify for benefits. They can take time off work to get better before returning to the job. 

Stimulates the Larger Economy

The primary reason for SSDI is to help beneficiaries pay for their daily needs. When they spend money on groceries, clothing, and other essentials, they contribute to the greater economy. By reducing the volatility of their income, SSDI can encourage responsible consumption. 

Discuss Your Case With a Skilled Disability Lawyer

The ins and outs of Social Security can be difficult to understand for the uninitiated. It’s invaluable to have experienced help in your corner who can answer any questions you may have. What’s more, skilled disability lawyers like Patrick Hartwig or John Keefe can improve your chances of SSDI approval, too. 

Getting Approval for Disability Benefits When Approaching Retirement Age in Massachusetts 

If you are over 55 years old, you may worry about applying for Social Security Disability Insurance (SSDI). You may be concerned it is more difficult to get approved for benefits as an older adult. The reality is it is easier to get approved for SSDI the closer you are to retirement. Age plays an important role. Generally, the Social Security Administration (SSA) is more likely to approve older adults than younger applicants. This is mostly because it is harder for older workers to transition to new jobs. 

Applying for SSDI Over Age 55

Proving you are disabled and unable to work as a result is the main factor for SSDI approval. The second element about being unable to work is easier to justify with older applicants. Whereas younger workers may return for more training and education, this becomes less viable as people age. Thus, qualifying for SSDI in your mid-50s and older may be less difficult. 

The Social Security Administration groups applicants based on their age group. The assigned age group affects how the SSA evaluates SSDI applications. Adults between 50 and 54 years of age are “approaching advanced age.” Individuals between the ages of 55 and 59 are considered “advanced age.” Over the age of 60, applicants are “approaching retirement age.” 

Other factors in reviewing SSDI applications include physical condition, mental condition, educational background, work experience, and work-related skills. The SSA also recognizes that older workers may face age discrimination in the labor market. Applicants over 55 who can do sedentary work may still qualify for benefits. 

SSA Blue Book Listings and Residual Functional Capacity Assessments

One way to qualify for SSDI benefits is to meet a Blue Book listing from the SSA. The Blue Book outlines specific criteria for specific disabilities. Take listing 4.02 for chronic heart failure as an example. To qualify, applicants must have systolic failure “with left ventricular end-diastolic dimensions greater than 6.0 cm or ejection fraction of 30 percent or less during a period of stability.” Each listing typically has several requirements.

Applicants who do not meet these criteria may still qualify for SSDI by meeting a Blue Book listing. They must prove their level of disability is medically equivalent. This involves completing a residual functional capacity (RFC) assessment with a doctor. 

Based on the results of this form, the SSA may determine if an applicant can partake in substantial gainful activity (SGA). Age plays a major factor here. The SSA is more lenient with older applicants in deciding what severity and duration of impairment constitutes an inability to work. 

Understanding Medical-Vocational Grid Rules

To decide whether or not someone qualifies for benefits, the SSA uses medical-vocational grid rules. Based first on age, the guidelines determine whether someone can work despite their disability. For instance, a younger applicant in their 30s who had previously worked in construction may transition to sedentary office work. 

By contrast, people aged 60 and older with an equivalent disability may not be able to make the same transition to a different line of work. Along with the age group, the medical-vocational grid also considers a person’s education, previous work experience, and the results of their RFC test. 

For instance, an individual of advanced age (55 to 59 years old) with a high school education and unskilled work experience is deemed disabled. On the other hand, a similar person of advanced age with a high school education but with transferable skills from skilled or semiskilled work is deemed not disabled. A younger applicant (under 50) with a high school education and unskilled work experience is also deemed not disabled. 

The older someone is, the more likely they are to receive disability benefits. Applicants over the age of 50 are about twice as likely to collect SSDI benefits than 40-year-olds. People who are 60 years old are two to three times more likely to get SSDI than 50-year-olds. 

Keefe Disability Law Can Help You Apply

While it may be easier to get approved for SSDI as an older applicant, nothing is guaranteed. Applying for disability benefits is still a complex and nuanced process. A Social Security disability lawyer, like John Keefe and Patrick Hartwig, can guide you through this process. We can work with you to build the strongest application possible and improve your chances of a favorable outcome. 

Avoid common pitfalls like incorrect paperwork and lack of medical evidence. Keefe Disability Law has helped countless clients over the years get the disability benefits they need and deserve. Call us today to book your free consultation.

Yes, it is possible to qualify for Social Security Disability Insurance (SSDI) when you have chronic pain. However, this is hardly a foregone conclusion. It depends on the underlying condition, its severity, and your limitations. Chronic pain can feel debilitating, but the Social Security Administration may conclude you can have a sedentary job. The skilled Boston disability attorneys at Keefe Disability Law can improve the chances the SSA will approve your claim.

Chronic Pain Conditions That May Qualify

Self-reported levels of chronic pain are not enough to qualify for disability benefits. The subjective experience of chronic pain cannot be objectively measured. So, the symptom of pain must be connected with a medical condition. 

While a confirmed diagnosis on its own won’t qualify you for SSDI either, applicants with the following conditions associated with chronic pain may be eligible for benefits:

• Carpal tunnel syndrome
• Certain types of arthritis
• Chronic regional pain syndrome 
• Fibromyalgia
• Ilioinguinal neuralgia
• Peripheral neuropathy
• Reflex sympathetic dystrophy (RSD) 
• Somatoform pain disorder
• Tendinitis

By no means is this list exhaustive. People with a wide array of conditions may suffer from chronic pain. The SSA looks for medical records pointing toward a severe medically determinable impairment (MDI). Discuss the matter further with the Social Security disability lawyers at Keefe Disability Law. We can assess your case and offer insight into your SSDI eligibility prospects. 

Meeting Blue Book Listing Requirements

The Social Security Administration (SSA) maintains a Blue Book that outlines qualifying disabilities. For each condition, it provides specific criteria to meet that listing’s requirements. Applicants who meet one of these Blue Book listings may qualify for disability benefits. 

For example, Blue Book Section 14.09 describes inflammatory arthritis. This falls under a larger category of adult immune system disorders. Among the ways to meet the listing requirements for inflammatory arthritis, the applicant must have:

• Persistent inflammation or deformity of one or more major peripheral joints in a lower extremity
• A documented medical need for a walker, bilateral canes, or bilateral crutches
• Persistent inflammation or deformity of one or more major peripheral joints in each upper extremity
• Medical documentation of an inability to use both upper extremities to independently initiate, sustain, or complete work-related activities involving fine and gross movements

The section also provides other ways to meet the listing requirements. Notably, “chronic pain” is not one of the criteria. It is only a symptom that may point toward a related condition or disability. Other examples include section 11.00 for neurological disorders and section 12.07 for somatoform disorders. 

Equaling Criteria With an RFC Assessment

Along with meeting the criteria in a specific Blue Book listing, applicants can equal a qualifying condition too. Some SSDI applicants may suffer from multiple medical conditions. They may not meet the listing criteria for any one condition. But, their combined effect can be adequately disabling to qualify for disability benefits. 

When the SSA evaluates a claim, it often requires a residual functional capacity (RFC) assessment. This looks at physical and mental limitations that could prevent someone from being able to work. The results of an RFC assessment may point toward “less than sedentary” levels of ability. If this is the case, you may qualify for SSDI with chronic pain even if you had a sedentary job before your disability. 

How the SSA Defines Sedentary Work

A major hurdle you may face is, despite your chronic pain, the SSA may believe you are still capable of sedentary work. This is a greater challenge for younger applicants than older SSDI applicants. The SSA assumes younger applicants can more easily receive additional training or education. They can also pivot more easily to other careers than older people. 

Notably, the SSA does not restrict sedentary work only to jobs where you are seated for the entirety of a standard eight-hour workday. Rather, while sedentary jobs are mostly seated, they may require some physical activity and ability. The Social Security Code of Federal Regulations § 404.1567 describes these physical exertion requirements:

• Standing or walking up to two hours per day
• Lifting up to 10 pounds at a time
• Carrying light objects like folders and small tools on occasion

If you are unable to do any of these things, you may be eligible to receive SSDI benefits. 

Proving the Limitations of Your Condition

Because chronic pain, in and of itself, will not qualify for SSDI benefits, you must prove that your medical condition prevents you from being able to work. This includes showing that you can’t even do sedentary work, including your past job. The way to prove you are disabled is through compelling medical evidence. 

The SSA denies many SSDI claims due to lack of medical evidence. A skilled Massachusetts disability attorney can help you gather this evidence and present a compelling case to the SSA. You must show that your disability is expected to last for at least 12 months or result in death. The limitations on your ability to work must persist through your eligibility period. 

For instance, you may be unable to lift 10-pound objects due to debilitating arthritis. In addition to chronic pain, you may lack the strength or dexterity in your hands to do this task. Similarly, you may only be able to walk short distances while suffering excruciating pain and using a cane. It would be unreasonable to think you could do this for up to two hours daily. Being unable to sit for six out of eight hours is another example. 

Getting Your SSDI Application Approved

The harsh reality is that the SSA denies most SSDI claims initially. To improve the chances they approve your claim, work with a disability attorney who can help you complete your application. This is especially important if you have an invisible disability. They can be harder to prove, and building a compelling body of medical evidence is crucial. Your lawyer can recommend what medical records and supporting documents you may need.

Should the SSA deny your claim, your attorney can help you appeal the SSDI appeal process. They can help you prepare for court hearings with the administrative law judge (ALJ). That way, you can improve the chances the ALJ renders a favorable outcome. 

Government shutdowns impact how Social Security Disability Insurance (SSDI) applications are processed, and benefit payments are issued. The prospect of a government shutdown has many Americans understandably worried. Under a shutdown, the Social Security Administration (SSA) may furlough as much as 15 percent of its staff. As a result, people applying for benefits may feel stressed, confused, and uncertain about what will happen next. The good news is that Social Security is considered an essential service. As such, it will continue to operate during a government shutdown with reduced service. 

Continue Receiving Existing SSDI Benefit Payments

If you already receive SSDI benefits, you will continue to get them during a government shutdown. The monthly payment schedule remains the same. This is true for both SSDI and Supplemental Security Income (SSI). There will be no interruption to SSDI benefit payments. 

The main reason for government shutdowns is how funding is distributed. The government outlines annual appropriations for many projects and services. However, Social Security is funded through permanent appropriations. As such, SSDI checks will continue to go out each month if the government does shut down. Your payments are secure. 

Delay Benefit Calculations and Adjustments 

Existing SSDI benefit payments will continue to go out. Many other services will continue to be offered at Social Security field offices. You can still change your address or direct deposit information. The office will still accept reports of death or verify your citizenship status. A government shutdown may delay functions relating to benefit calculations and adjustments. 

For example, if you are waiting for retroactive benefits or back pay, your calculation may be delayed. Even if the SSA has approved your SSDI application, it still needs to calculate this lump sum payment. With reduced staff due to the government shutdown, this can take even longer than usual. 

Delay Processing of SSDI Applications

During a government shutdown, the SSA will still accept SSDI applications. Your disability application goes through several hands before you are approved for benefits. Because of the lower capacity, you can expect delays in how long it takes for them to process your application. Even under normal circumstances, there is a five-month waiting period.

This includes not only your initial application but also any related paperwork. It may take longer before the SSA requests a consultative exam, for instance. These delays can also impact the processing of appeal requests. You may still get a hearing with an Administrative Law Judge (ALJ), but that could take longer, too. 

Longer Wait Times to Receive a Decision

With reduced staff, the application backlog is increased. The same number of people are applying for SSDI, but there are fewer people processing these applications. There aren’t as many people evaluating the claims to see if applicants qualify for benefits. As a result, the wait for a Social Security disability decision also gets longer. 

The same applies to the appeals process. You do not get a hearing decision from the ALJ the same day. Rather, they draft up a written decision that’s about ten pages long. They then mail a copy of this written decision to the applicant and their attorney. Typically, it is not until 30 to 60 days after the hearing that the claimant receives this decision letter. With a government shutdown, it could be even longer. 

Reduce Availability of Customer Support

In light of longer wait times due to a government shutdown, SSDI claimants may grow increasingly anxious about the status of their applications. It’s not just the staff who process the claims who may be furloughed and whose service is reduced. This also extends to customer support. When you inquire about a status update on your application, they may take longer to respond to that request. 

During a government shutdown, the SSA may suspend certain services altogether. It’s expected that they will not issue any new or replacement Social Security cards. They also won’t replace your Medicare card. The SSA also will not issue a proof of letter income, which you may need for housing assistance or loan applications. However, you can sign into your account online and download a PDF of the benefit letter directly. 

Risk Losing Medicaid Benefits

While not directly part of Social Security Disability Insurance, Medicaid and Medicare are invaluable programs for many SSDI and SSI recipients. The SSA manages both of these programs. 

Currently, millions of Medicaid beneficiaries need to renew their eligibility. By some estimates, as many as three-quarters of people on Medicaid may lose coverage for procedural reasons. A government shutdown could dramatically impact this renewal process. It could delay people’s ability to get the medical coverage they need. 

Postpone Policy Updates and Other Changes

At any given time, there may be proposed changes to Social Security programs. The SSA may be considering policy updates that affect beneficiaries. For example, they may propose updates to the trial work period or the Ticket to Work program. Changes like these can directly impact anyone who receives SSDI or SSI benefits.

With a government shutdown, any policy updates would have to be paused. They would be considered non-essential services. Their possible implementation would be postponed until the government is back up and running again. 

Let Keefe Disability Law Guide the Way

Navigating the SSDI application process can be confusing enough as it is. The possibility of a government shutdown only adds to this stress and anxiety. With the experienced insight of skilled attorneys John Keefe and Patrick Hartwig, we can put your mind at ease. 

As one client points out, we take the time to “explain everything in a simple and yet detailed manner.” At Keefe Disability Law, we pride ourselves in treating every client with the dignity and respect they deserve. When you come to us, we work diligently to fast-track your SSDI claim to the best of our ability. We review your application to ensure it is as complete and as compelling as possible, striving to avoid any possible delays or impediments. 

Government shutdowns can create an air of uncertainty. But you can be certain that Keefe Disability Law will always be by your side every step of the way.

Yes. Generally speaking, you can spend your disability benefit payments as you see fit. This includes the cost involved in keeping a service dog or emotional support animal. The Social Security Administration (SSA) does not restrict how SSDI recipients spend their money. People with a range of disabilities can benefit from the support of a service animal. This includes mental and physical disabilities. 

How You Can Spend SSDI Benefit Payments

To put it simply, the SSA generally does not place limits on SSDI spending. The exception is if an adult beneficiary is incapable of managing their finances. They may be deemed legally incompetent. In that case, a representative payee is required to manage the money for them. That aside, the SSA recommends that SSDI beneficiaries cover basic needs first. 

Basic expenses include:

• Housing costs, like rent or mortgage
• Utility payments, like water and electricity
• Telecommunication services, like telephone and internet
• Groceries and food, including occasional meals eaten out
• Transportation costs, like car payments, gas, and bus passes

The SSA may not consider the cost of keeping a service dog as a basic expense. People who benefit from service animals may disagree. Either way, Medicare and Medicaid generally do not insure service dog expenses. So, people on disability may need to spend their SSDI payments to pay for a service animal. 

Differences Between Service and Emotional Support Animals

While they may seem to serve a similar purpose, these terms are not interchangeable. There are important differences between service animals, emotional support animals, and therapy animals. Service dogs are the most common example, but there are other types of support animals, too. The need and acquisition of a support animal can also bolster the strength of a disability claim.

What Is a Service Animal?

The Americans With Disabilities Act (ADA) defines a service animal under Title II and Title III. It states that a service animal, often a service dog, is individually trained to perform specific tasks to benefit a specific individual with a disability. The service animal is not generally helpful to a generic person with disabilities. It is specific to one person.

The service dog is individually trained for this specific purpose. The service animal helps someone with a “physical, sensory, psychiatric, intellectual, or other mental disability.” A guide dog can help a blind person navigate the world. Support dogs, in tandem with medication and cognitive behavioral therapy (CBT), can help people battling post-traumatic stress disorder (PTSD). 

Service dogs can be trained with a heightened ability to recognize psychological episodes. Through specific behaviors and exercises, they can help their person feel safe and better handle their daily symptoms. The Air Carrier Access Act (ACAA) mandates that airlines must allow service dogs into the cabin of a plane. 

What Is an Emotional Support Animal (ESA)?

Whereas service animals receive specific training for a unique individual, emotional support animals (ESAs) do not. The animal may provide emotional support, offering relief to their owner, but they are not specially trained for this purpose. They do not have special training for specific tasks to assist people with disabilities. Through their companionship, though, ESAs can alleviate symptoms of depression, anxiety, loneliness, and certain phobias. 

Because of this lack of training, many emotional support animals do not meet the ADA definition of service animals. And whereas dogs are the most common type of service animal, emotional support animals can come in a wider variety. While service dogs must be allowed to board an aircraft, emotional support animals do not have the same legal rights. They also do not have the same kind of unlimited access to other public spaces. 

One exception is with the Fair Housing Act (FHA). It states that even buildings that do not allow pets must make “reasonable accommodations” for emotional support animals. They may need an official diagnosis and recommendation letter from a doctor or psychiatrist. Even with this letter, though, the ESA does not automatically gain the same legal rights as a service animal. 

What Are Comfort and Therapy Animals?

The terms “comfort animals” and “therapy animals” are even more general. Service dogs receive training to perform specific tasks for a specific individual. Emotional support animals cater to a single individual, with or without training. Comfort and therapy animals, by contrast, may be offered as support for more than one person.

A therapy dog, for instance, may be used in a clinical setting to help a ward of psychiatric patients. They interact with a wider range of people, and likely not just one individual with a disability. They are often not trained to perform a specific task for a specific individual. Instead, they may have more general training to help several people. 

How Service Animals Support Their People

Service animals can be invaluable to people with a wide range of possible disabilities. Some common examples may include people:

• Who are blind or have limited eyesight
• Who are deaf or hard of hearing
• With a physical disability that limits their mobility
• Who experience psychiatric episodes
• On the autism spectrum
• Who suffer from seizures

In these cases, a support dog may be able to help a blind person navigate the world safely. They can alert deaf individuals to a doorbell. Support dogs can fetch and carry items for people with physical limitations. They can recognize and get help when their handler suffers a seizure or psychiatric episode. 

Paying for Service Animal Expenses

Benefit payments from SSDI can cover several expenses related to keeping a service animal. Given the initial waiting period, many SSDI beneficiaries receive an initial lump sum payment. This covers back pay benefits going back to the onset of their disability. The larger lump sum can be put toward the initial cost of acquiring a service animal.

From there, ensuing disability benefit payments can be put toward the ongoing expenses of keeping a service animal. These include:

• Food and toy expenses
• Dietary supplements
• Grooming costs 
• Relevant training and classes
• Support care, including dog walkers and overnight boarding
• Animal license and other fees
• Regular veterinary care
• Other medical costs, like medication for fleas and ticks
• Miscellaneous expenses, like pet beds
• Costs to get to or from work with the service animal

Reducing Countable Income Toward SGA Limits

To continue qualifying for SSDI, recipients must not exceed substantial gainful activity (SGA) limits. This is the maximum amount of income someone can earn while still receiving disability benefits. For 2024, the monthly SGA limits are $1,550 for non-blind individuals and $2,590 for statutorily blind individuals. 

People who receive SSDI can continue working a limited amount. In the context of service animal expenses, these can reduce how much income counts toward the SGA calculation. These are called impairment-related work expenses (IRWE). The costs of having a service animal may count as IRWEs. 

If a blind person earns $2,700 per month but spends $300 per month on their guide dog, that would bring their countable income down to $2,400. This puts them below the SGA threshold for blind individuals. Without the IRWE deduction, they would exceed the SGA limit. Allowing an employee to bring their service dog to work is considered a reasonable accommodation required of an employer. 

Disabilities That Qualify for a Service Dog

The SSA does not limit the disabilities that qualify for a service animal. But, the organizations that offer service animals often do have requirements. They typically align with ADA guidelines. The person must have a physical, emotional, or mental disability that substantially limits at least one major life activity. These are tasks essential to a person’s life.

Physical Disabilities

Service animals can support people with many different physical disabilities. A non-exhaustive list of these conditions includes:

• Blindness or limited vision
• Deafness or hard of hearing
• Multiple sclerosis (MS)
• Cerebral palsy
• Parkinson’s disease
• Muscular dystrophy
• Arthritis
• Cancer
• Chronic pain
• Paralysis

Mental Disabilities

Both emotional support animals and service dogs can benefit people with mental disorders and disabilities, too. Examples in this category include:

• Depression
• Anxiety
• Bipolar disorder
• Attention deficit hyperactivity disorder (ADHD)
• Post-traumatic stress disorder (PTSD)
• Obsessive-compulsive disorders
• Personality and dissociative disorders
• Autism spectrum
• Neurocognitive disorders

Skilled SSDI Lawyers On Your Side

Working through the complex application process can feel overwhelming. There may be a lot of paperwork involved. It can sometimes feel difficult to gain approval for your disability claim. The skilled team of SSDI attorneys at Keefe Disability Law are here to help. Lean on our years of experience handling disability claims just like yours.

The reality is that the SSA initially denies the majority of SSDI applications. We can help you avoid that fate and improve your chances of approval. To do this, we help you gather strong evidence in support of your claim. This includes working with medical experts to get the supporting documentation you need. We’ll make sure you never miss a deadline, and if necessary, we’ll support you throughout the appeals process. Get the SSDI benefits you need and deserve. 

Your age can be a crucial factor in approving your Social Security Disability Insurance (SSDI) application. The Social Security Administration (SSA) considers your age when deciding whether to approve your claim for disability benefits. Generally speaking, older applicants have a better chance at approval than younger adults. Your age factors into Medical-Vocational Guidelines for deciding your SSDI eligibility. Other factors include the severity of your disability, your work history, your educational background, and more. 

For SSDI Applicants Under 50 Years Old

The SSA categorizes applicants between the ages of 18 and 44 to be “young individuals.” SSDI applicants aged 45 to 49 are “younger individuals.” Both of these groups may have a harder time getting approval for their disability benefits claim. This is because the SSA expects younger workers to be able to do a broader range of work. A person who had a more physical job before may be able to transition to a more desk-based job. 

The SSA believes it is reasonable for a younger worker to retrain for a different line of work. They can seek higher education or learn a new skill, pivoting to a different career. It is easier for a younger person to do this than it is for an older worker. As such, adults under 50 must show they cannot do even the easiest, least physically demanding jobs. Applicants under 50 that the SSA deems “medically disabled” may still qualify for SSDI. 

Another factor to consider is the number of work credits you need to qualify for SSDI. Most people need at least 40 credits, with 20 credits from the past ten years. Workers under 24 only need six credits over a three-year period. Workers aged 24 to 31 only need 12 credits in the past six years. 

Adapting to New Work After Age 50 or 55

It is a common misconception that “50 is the magic number.” Applicants over the age of 50 are more likely to be approved for SSDI benefits. But, approval is not guaranteed. The SSA still wants to see proof that you are unable to work due to your medical condition. Applicants aged 50 to 54 are considered “closely approaching advanced age.” If you are between the ages of 55 and 59, then the SSA dubs you “advanced age.”

The SSA may decide people in these age ranges are disabled if they are limited to light or sedentary work. They may lack the education to enter into skilled work. They may also lack job skills to transfer to light or sedentary work. The assumption is that older people will have a harder time adapting to new work. It’s less reasonable to ask a 59-year-old to go back to school than it is to expect that of a 30-year-old. 

The Medical-Vocational Guidelines “grid” rules are used to determine whether you are disabled. Age is one of the major factors in this grid. The SSA also looks at Residual Functional Capacity (RFC), existing skills, job training, and education. The RFC relates to the five levels of exertion for physical job duties. These include sedentary, light, medium, heavy, and very heavy work. RFC also accounts for mental capabilities, from unskilled work to semi-skilled work to skilled work. Grid rules are more lenient for people over the age of 50.

Applying for SSDI Near Retirement Age

For people born after 1960, the full retirement age is 67. Once you reach that age, you no longer qualify for disability benefits. Instead, you may be eligible to get retirement benefits. As with the other age groups, the SSA has a category for people aged 60 to 64. They are “closely approaching retirement age.” 

Like the other age groups, the SSA also looks at education, work skills, and RFC for those closely approaching retirement age. A person may be disabled if they have less than a high school education and lack a skilled work history. The level of leniency also increases, as it’s even less likely that someone over the age of 60 can upskill and retrain for a different line of work. Even if they could technically retire, they may be eligible for SSDI if their disability prevents substantial gainful activity (SGA). 

The Skilled Insight of an Experienced SSDI Attorney

Working with a knowledgeable SSDI attorney can greatly improve your chances for approval. It may be easier to qualify for disability benefits after the age of 50. But, without adequate documentation and a strong case, the SSA may still deny your claim. In fact, the SSA denies the majority of initial SSDI applications. 

Benefit from the decades of experience that Keefe Disability Law brings to the table. Senior Partner John L. Keefe and his team have represented over 12,000 disability clients in Rhode Island, New Hampshire, and Massachusetts. Since 1994, they’ve specialized in helping people with disabilities. As long-time advocates for people with disabilities, they are dedicated to assisting claimants to get the SSDI and SSI benefits they need and deserve. 

Yes, people with severe rheumatoid arthritis may qualify for Social Security disability benefits. But, a simple diagnosis is not enough on its own. Applicants must meet certain criteria. This includes medical evidence supporting the claim that they are unable to work. The Social Security Administration (SSA) also outlines several non-medical requirements. The application process can feel overwhelming. Consulting with an experienced disability lawyer can clarify any questions you may have. They can also help improve your chances of approval. 

Common Rheumatoid Arthritis Symptoms

A chronic inflammatory disorder, rheumatoid arthritis (RA), most commonly affects the joints. Smaller joints are often affected first, like in the fingers, hands, toes, and feet. RA can then spread to hips, shoulders, knees, and elbows. It can also affect other body systems, like the skin, eyes, heart, lungs, and blood vessels. 

Common symptoms of rheumatoid arthritis may include:

• Painful swelling of the joints
• Bone erosion and joint deformities
• Joint stiffness, especially after periods of inactivity
• Fatigue, fever, and loss of appetite
• Mobility issues and inability to grip items effectively

Overview of Eligibile Disability Benefits

The SSA runs two main programs providing benefits to people with disabilities. The application processes and medical requirements are similar for both programs. The two programs are Social Security Disability Insurance (SSDI) and Supplementary Security Income (SSI). People with severe rheumatoid arthritis may be eligible for either program. 

Social Security Disability Insurance

People who have paid FICA taxes may qualify for SSDI. The program is based on a person’s Social Security earnings history. It is not needs-based. Monthly disability benefits may continue as long as the person cannot work. This may extend to retirement age.

Supplementary Security Income

Unlike SSDI, Supplementary Security Income (SSI) is a needs-based emergency program. SSI applicants do not need to meet employment history requirements. Instead, they must prove their financial need. SSI is often supplemented by other government assistance, like food stamps. 

How Rheumatoid Arthritis Affects Substantial Gainful Activity (SGA)

Applicants must prove they are unable to work to qualify for either disability program. The SSA defines “disability” as the inability to engage in substantial gainful activity (SGA). This means the person is not only unable to perform the job they had but also any relevant job at all. This must be expected to last for at least 12 months. Criteria for the type of possible work become less stringent for older individuals. 

Someone may be able to overcome a mild case of inflammatory arthritis. But, severe rheumatoid arthritis can be very debilitating. A person may not be able to engage in manual labor. They may lack the dexterity in their fingers to work on a computer. Prolonged bouts of fatigue may force them to take extended time off work. In effect, they may not be able to engage in substantial gainful activity. 

The SSA defines substantial gainful activity (SGA) based on earned income. For 2023, the maximum income threshold for SGA is $1,470 monthly for most people. For blind individuals, the monthly amount is $2,460. The SSA adjusts the SGA amount for inflation each year. 

SSDI and SSI Eligibility for Rheumatoid Arthritis

To qualify for Social Security disability, applicants should meet the Blue Book definition of rheumatoid arthritis. The SSA lists the condition in Section 14.00. This describes adult immune system disorders. More specifically, section 14.09 outlines the spectrum of inflammatory arthritis. It discusses difficulties with fine and gross movements. This includes arthritis involving the peripheral joints. A skilled disability lawyer can explain these criteria to you. 

Whether or not you meet the SSA Blue Book listing, it is vital to provide supporting medical evidence. This may include a residual functioning capacity (RFC) assessment. This looks into a person’s ability to perform any work. Lab results, medical reports, and doctor’s letters can support your claim. 

Keep up with the rheumatoid arthritis treatments prescribed by your doctor. This shows you are doing everything you can to reduce RA symptoms. The SSA will want to know about your medical history, including medications. Rheumatoid arthritis can be an invisible disability. So, offering compelling evidence is absolutely vital. 

Experienced Legal Advice to Help You Apply

A loss of income due to disability can be very stressful. Navigating the application process for Social Security benefits can be confusing. Suffering the daily challenges of severe rheumatoid arthritis isn’t easy either. Allow the skilled team at Keefe Disability Law to put your mind at ease. 

An experienced disability lawyer can streamline the application process. They can present the strongest case possible to the SSA. We can explain non-medical requirements for SSDI, like having accrued enough work credits. Our team can suggest what documentation to include as part of your disability application. SSDI denials are common. Our team is also prepared to help you navigate the complex appeals process. Let us help you get the rightful benefits you deserve. 

Celiac disease, also known as gluten-sensitive enteropathy (GSE), is an autoimmune condition. People with this disorder are unable to digest gluten properly. When they eat foods with gluten, they can experience debilitating symptoms. The body attacks the villi of the small intestine. This can prevent the body from absorbing valuable nutrients. While it is possible to qualify for disability benefits with celiac disease, it isn’t easy. A skilled Social Security disability lawyer can vastly improve your chances of success. 

How Celiac Disease Impacts Your Ability to Work

Gluten is found in food products containing wheat, spelt, rye, and barley. Common examples include most breads and pasta. When people with celiac disease eat these foods, they can experience such symptoms as:

• Abdominal pain
• Bloating
• Weight loss
• Vitamin deficiencies
• Anemia 
• Osteoporosis
• Joint pain
• Chronic headaches
• Diarrhea
• Fatigue
• Canker sores
• Depression

Celiac disease can affect a person’s ability to engage in substantial gainful activity (SGA). To qualify for Social Security Disability Insurance (SSDI), applicants must not exceed the SGA threshold for income. With severe cases of celiac disease, a person may need to take frequent breaks from work. They may also need to take too many sick days to maintain steady employment. 

Doctors will usually diagnose celiac disease with a blood test. They may also collect a sample of the small intestine. Treatment consists of a gluten-free diet. Since most symptoms disappear when someone stops eating gluten, it can be difficult to qualify for disability benefits with celiac disease alone. A Social Security disability attorney can help package the strongest case possible to improve the chances of approval. 

Gaining Approval for Social Security Disability Benefits

The government offers two programs to assist people unable to work due to a disability or illness. These are Social Security Disability Insurance (SSDI) and Supplementary Security Income (SSI). In both cases, applicants must prove their disability prevents them from keeping steady employment. Applicants must miss at least one year of work because of their condition. 

While a gluten-free diet should resolve symptoms, someone can go years with undiagnosed celiac disease. They may experience all the symptoms without an official diagnosis. Even when their celiac disease is identified, it can take time to develop a proper diet. It can take time for the symptoms to subside. If this takes at least one year, they may qualify for Social Security disability benefits for that period of time. Benefit payments stop when they return to work and exceed SGA income thresholds. 

Medical and Financial Eligibility Requirements

The Social Security Administration (SSA) Blue Book lists qualifying conditions for disability benefits. Celiac disease is not on this list. But, people with celiac disease may still qualify for benefits by proving equivalency. Celiac symptoms may be equivalent in severity to a listed disability. People can also list more than one condition on their application. 

One example is inflammatory bowel disease (listing 5.06). Your physician must provide a written opinion that your celiac symptoms are equivalent to the IBD listing. You must meet two of these criteria in a six-month period while on medication:

• Anemia with a hemoglobin result of under 10.0 g/dL
• Tender abdominal mass with pain or cramping
• Weight loss of at least 10 percent from normal
• Need for supplementary daily nutrition through a gastrostomy or IV

Another example is weight loss due to any digestive disorder (listing 5.08). The Blue Book states this involves having a body mass index (BMI) of less than 17.5 for at least two months. This is despite following all suggested treatments from your doctor. 

The SSDI and SSI programs differ in their financial requirements. With SSDI, you must have accrued a minimum number of work credits through gainful employment. Your current income is not a factor. By contrast, SSI is a needs-based program. Only people with limited financial resources are eligible. The SSDI and SSI programs have similarities in their other non-medical requirements too. A Social Security disability attorney can walk you through these criteria and how they apply to your case.

Residual Functional Capacity

If the symptoms of celiac disease are not equivalent to another Blue Book listing, applicants may still be able to qualify for benefits. The other path is through a residual functional capacity (RFC) assessment. The RFC describes the level of work you are able to do on a regular basis. This includes sedentary, light, medium, or heavy work.

Sedentary work is described as sitting for six hours and standing or walking for two hours in one day. If you are unable to do this because of your condition, you may be eligible for benefits. What it takes to be found disabled can also vary based on age and education. The claim must be backed by evidence, like medical documentation from your doctor. They may state that you miss work often or you are unable to focus on work because of severe pain or headaches. 

Why You Need the Help of a Skilled Lawyer

Especially since celiac disease is not listed in the SSA Blue Book, it is vital to seek the help of an experienced Social Security disability lawyer. They can help you navigate the complex application process. Gathering medical evidence and completing paperwork accurately can help improve the chances your application will be approved. A skilled attorney will know the ins and outs of the system, presenting the strongest case possible for receiving SSDI benefits. 

The reality is that most disability applications are initially denied. If this happens to you, an experienced lawyer can help you avoid common mistakes in appealing an SSDI decision. They can represent you throughout the appeals process and attend court with you. Consider retaining an attorney as early in your application process as possible.

If you have difficulty hearing what people are saying, you may qualify for Social Security Disability Insurance (SSDI). But simply having hearing aids doesn’t automatically make you eligible for benefits. The Social Security Administration (SSA) lays out specific criteria. One of the major factors is an inability to work due to a disability. If you wear hearing aids and are able to work, you likely will not qualify for benefits. A Social Security disability lawyer can help assess your specific case and explain your options.

Hearing loss affects millions of Americans. Some people are born with some level of deafness. Others suffer an injury or lose their hearing over time. In any case, the SSA sees that people with hearing loss may struggle to find work. Qualifying for disability benefits is possible, but often only for those with profound hearing loss. Mild to moderate cases usually don’t meet the criteria, even if they wear hearing aids. 

Qualifying for SSDI With Cochlear Implants

The SSA Blue Book lists disabilities that may qualify for benefits. For each of these disabilities, the Blue Book describes the qualification criteria. Deafness and hearing loss have two main entries in the Blue Book. One of these is section 2.11, “Hearing Loss with a Cochlear Implant.” 

A cochlear implant is a small medical device that provides a sense of sound. An external part is placed behind the ear. A second part is surgically inserted under the skin. While cochlear implants do not restore normal hearing, they can help people with hearing loss experience a version of the sounds around them. They can better understand speech too.

When someone has a cochlear implant in one or both ears, they qualify for one year of SSDI benefits following the surgery. This is automatic. It doesn’t matter if the hearing improves or not during those 12 months. After the year has passed, the applicant will need to submit to a hearing test to continue receiving benefits. They must score 60 percent or less on a Hearing in Noise Test (HINT), a word recognition test. 

Cochlear implants are typically very expensive. They can cost as much as $125,000. Even with health coverage, this can be a heavy financial burden. Disability benefits can help to offset some of this expense. 

Are Other Types of Hearing Aids Eligible?

As beneficial as they may be for people with hearing loss, cochlear implants aren’t for everyone. The significant cost is one deterrent. There are many other reasons why someone may opt not to get one. Other types of hearing aids may be more convenient and less costly. They may be only a few thousand dollars rather than over $100,000. 

It is possible to receive SSDI benefits if you wear other hearing aids too. Unlike cochlear implant surgery, though, qualifying under Hearing Loss (2.10) is not automatic. Instead, the SSA outlines criteria for specific test results. They evaluate the severity of hearing loss. You must meet a minimum threshold to qualify for disability benefits. As mentioned, milder cases of hearing loss usually do not qualify. 

Assessing Hearing Loss for Disability Benefits

The SSA outlines hearing test requirements when applying for SSDI. There are two main parts of section 2.10 for hearing loss. To qualify for SSDI, you need to meet only one of these criteria. You do not need to satisfy both requirements. 

• Audiometry test. This assesses your ear’s sensitivity to air conduction. You must show an average threshold of at least 90 decibels (dB) in your better ear. The test must also show a bone conduction hearing threshold of at least 60 decibels in your better ear.
• Spoken word recognition test. This test gauges how well you can identify commonly spoken words. To qualify, you need a score lower than 40 percent in your better ear. 

The audiometry test calculates hearing loss at three sound frequencies. 

• Low-frequency sounds around 500 hertz (Hz), like a growling animal
• Middle-frequency sounds around 1,000 Hz, like a person’s voice
• High-frequency sounds around 2,000 Hz, like chirping birds

For context, the human ear can register sounds between 20 Hz and 20,000 Hz. This range varies by age and between individuals. 

For tests to be valid, they must be performed by an otolaryngologist (ear, nose, and throat doctor, or ENT) or a licensed physician. They can also be performed by an audiologist supervised by a physician or ENT. The SSA may also require an otologic (ear) exam. The doctor looks at your external ear canals and tympanic membranes. Another exam is an auditory evoked response test, assessing brainwave responses to tones. Vestibular testing checks the balance organs in the inner ear. 

You must have profound hearing loss or deafness in both ears to qualify for benefits. If you have one good ear that passes the above tests, you likely will not receive SSDI. Being able to hear well enough in one ear should allow you to work.

The Ability to Work With Hearing Loss or Deafness

Broadly speaking, there are two main criteria to qualify for SSDI benefits. You need to have a disability. And you must be unable to work because of that disability. If you have a condition but are still able to work, you are not eligible to receive SSDI.

To this end, wearing a hearing aid does not qualify you for benefits in and of itself. In fact, the Americans with Disabilities Act (ADA) mandates that employers must provide reasonable accommodations. This will depend on the type of work. It may involve closed captioning, text messaging, or ASL interpreters. 

You may be able to perform the duties of some jobs without being able to hear at all. You may experience some limitations, but you can do the work. In these cases, you do not receive SSDI. In other careers, being able to hear is critically important. The SSA handles these on a case-by-case basis, assessing your ability to work given your level of hearing loss. 

The SSDI Application Process 

Most commonly, people are able to apply for SSDI online. Alternatively, they are able to phone the Social Security Administration to book an appointment. The SSA makes accommodations for people who are deaf or hard of hearing too. They can call the toll-free TTY number. This relays text messages over the telephone network. 

Applying for SSDI can feel overwhelming. You need to gather medical evidence to prove your disability. This can include test results, doctor’s reports, and other documentation. You should include any corrective measures you have taken. It is also helpful to include reports on how the disability affects your ability to work. To qualify, you must have accrued enough work credits over your career as well. There are many forms to complete and deadlines to meet. Then, you may need to engage in the Social Security hearing process with a judge too.

In some cases, your application may need a residual functioning capacity (RFC) form. Your doctor completes this form to explain how your work is affected by your hearing loss. It looks at your capacity to work in light of your disability. Many applications are denied the first time around and require applicants to file for an appeal. 

Why You Need a Skilled Social Security Disability Attorney

Navigating the application process can be a complex affair. There is a lot of documentation involved. Even if you meet all the filing deadlines, the SSA may still deny your claim. A skilled Social Security disability lawyer can help present your case in the most effective way possible. A qualified SSDI attorney can identify what documents can improve your chances of approval.

For instance, it is often in your best interest to submit as much medical evidence as possible. The more proof you have of your disability, the stronger your case may be. But, this evidence needs to be relevant. It needs to support your claim effectively. An experienced disability lawyer can help package your application compellingly.

Even if your hearing loss does not meet SSA Blue Book criteria, you may still be eligible to receive benefits. Your SSDI lawyer can work to develop a strong strategy for your application. This includes medical evidence but also requires proof that you are unable to work. And, should the need arise, your lawyer can guide, prepare, and represent you throughout the appeals process. 

No, your disability payment amounts do not increase if your condition worsens. If you already receive Social Security Disability Insurance (SSDI) benefits, the payment amount stays the same.  This is true even if your disability has become much more severe. 

When the Social Security Administration (SSA) approves your application, it decides you qualify for benefits. It is black and white. There are no grades, levels, or tiers. Either the SSA approves your application or denies it. They deem you disabled or not disabled. The payment amount does not depend on the severity of your disability. You do not need to file for benefits again if your condition worsens. 

Approval and Denial of SSDI Benefits

To qualify for Social Security disability benefits, applicants must meet certain criteria, such as:

• They must be disabled. This usually involves conditions listed in the SSA’s Blue Book. The disability must stop the person from being able to work.
• The condition must be expected to last at least 12 months or end in death.
• The applicant must meet non-medical requirements. The technical criteria include accruing enough work credits through paying Social Security taxes. 
• The applicant mustn’t engage in substantial gainful activity (SGA). Earning too much income disqualifies applicants from receiving SSDI. 

A worsening condition does not mean you can receive more benefits. But, if your condition improves, you may lose eligibility. The SSA checks on your disability from time to time. If it decides you can work, you may no longer receive benefits. A Social Security disability attorney can help you appeal this decision. 

How Disability Benefits Are Determined

The SSA uses a complex formula to calculate the amount of your disability benefits. The SSA considers your average lifetime earnings covered by Social Security. SSA indexes this amount to inflation. Part of the formula looks at your highest-earning years. This calculates your average indexed monthly earnings (AIME).

Simply put, disability benefit amounts are equal to retirement benefits. They are calculated as if you were at full retirement age when your disability began. People who have earned higher incomes over the years qualify for higher payments. Lower-income earners receive smaller amounts. 

The severity of the impairment is not a factor. Having more than one condition can help you qualify. The SSA considers their combined impact on your ability to work. But, having multiple conditions does result in higher disability payments. Your application is approved or denied. That’s it. 

A Notable Change If You Become Blind

One important detail a Social Security disability lawyer can help explain is what happens if you become blind. Losing your vision does not qualify you for more benefits. But, it changes the amount for substantial gainful activity (SGA). This is how much income you can earn while keeping your SSDI benefits.

For non-blind SSDI recipients, the SGA amount in 2023 is $1,470 per month. For people who are blind, that amount increases to $2,460 per month. This means you can work and earn over $1,000 more per month and keep your disability payments. These figures change every year. But, the amount for blind persons is always higher. 

The SSA thresholds for blindness consist of one of the following:

• Visual acuity is 20/200 or worse in the better eye. This is with using corrective lenses.
• The visual field is 20 degrees or less in the better eye. 

The SSA requires documentation to prove this level of visual impairment. Consult with a Social Security disability attorney before you submit any paperwork. 

Impact of Cost of Living Increases on SSD Benefits

Increases in the cost of living can increase the amount of SSD benefits. But, this is not on an individual basis. If you live in a more expensive part of the country, you do not receive more money because of it. The SSA does not restrict how you spend your SSDI benefit payments. 

Instead, the SSA adjusts benefit amounts through cost-of-living adjustments (COLAs). This is based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The CPI-W tracks changes in the prices of goods and services typically purchased by urban workers. When the CPI-W increases, SSA adjusts SSDI payments to align with inflation. SSA usually announces COLAs each January.

Individual changes aren’t reflected in COLAs. If your medical bills increase because your condition worsens, your SSDI benefits don’t change. If you move out of state to somewhere with higher rent, your SSDI payment does not increase either.

How to Get the Benefits You Deserve

An experienced Social Security disability lawyer can help you understand your rights. Keefe Disability Law has worked with clients and their SSDI applications for many years. If you already receive benefits but are worried the SSA might take them away, our team of dedicated professionals can help defend your rights. Get the full benefits you deserve.

According to the Centers for Disease Control (CDC), nearly 130 million people see medical professionals for musculoskeletal disorders (MSD) every year. Many of these MSDs are minor sprains and injuries. Since they are mild and short-term, these MSDs typically do not qualify for disability. A musculoskeletal disorder must be severe enough to stop someone from working to qualify for benefits. It must also expect to last for at least 12 months.

The Bureau of Labor Statistics estimates that 20 percent of MSDs are severe enough to qualify for at least partial benefits. A skilled Social Security disability attorney can help determine your eligibility. They can help to assemble the strongest SSDI application possible. This can greatly improve your chances of approval. 

Types of Musculoskeletal Disorders Eligible for Disability

The Social Security Administration (SSA) considers MSDs as potentially qualifying applicants for disability benefits. But, it still makes decisions based on function loss and ailment type on a case-by-case basis. The SSA looks at the severity of musculoskeletal disorders. It does not approve all applications. Simple sprains aren’t severe enough to warrant disability. 

The SSA maintains the Blue Book Listing of Impairments. The guide describes conditions that may qualify for Social Security disability. Section 1 of the Blue Book deals with types of musculoskeletal disorders. A simple diagnosis often isn’t enough. Applicants must prove they are unable to work as a result of their condition. The impact the condition has on your life is more important than the specific diagnosis. The Blue Book’s list of MSDs includes the following:

1.15 - Disorders of the Skeletal Spine Resulting in Compromise of a Nerve Root(s) 

Spinal disorders can affect your ability to move. They can also make it difficult to stand, sit, or concentrate. Taken together, these disorders may prevent you from performing many work tasks. Affected nerve roots can result in symptoms like pain, paresthesia, or muscle fatigue. You may also have muscle weakness or sensory changes. 

1.16 - Lumbar Spinal Stenosis Resulting in Compromise of the Cauda Equina 

This MSD refers to a narrowing of the spinal canal in the lower back. This puts pressure on the spinal cord. The cauda equina is the continuation of nerves through the lumbar and sacral regions near the tailbone. Compromised nerve roots in this region can cause cauda equina syndrome (CES). Symptoms may include urinary retention, incontinence, weakness in the lower extremities, and sciatica. 

1.17 - Reconstructive Surgery or Surgical Arthrodesis of a Major Weight-Bearing Joint 

Reconstructive surgery can lead to pain and loss of mobility. The SSA includes surgery on any major weight-bearing joint in section 1.17 of the Blue Book. Examples include work on the knees, hips, ankles, shoulders, elbows, and wrists. If you are unable to walk, push, lift, or perform fine motor skills, you may qualify for disability. 

1.18 - Abnormality of a Major Joint(s) in Any Extremity 

Even without surgery, major joint problems can be a disability. Your joints are essential to performing a variety of job duties. No one should be forced to work through the pain. The SSA accepts certain joint problems for disability. Some of these include osteoarthritis, degenerative joint disease, hip fractures or degenerative hip disease, bursitis, and shoulder problems.

1.19 - Pathologic Fractures Due to Any Cause 

To qualify for disability under this section, you must have fractures on three separate occasions within a 12-month period. These bone fractures must limit your physical function. For example, you may need a walker or wheelchair to get around. The SSA also requires the inability to use one or both upper extremities to complete work activities. 

1.20 - Amputation Due to Any Cause 

Generally, two limbs need to be amputated to qualify for disability. This involves amputation at or above the wrist or ankle. An exception is the amputation of a leg at or above the ankle. In many cases, the SSA may need you to show that prosthetic devices could not be used to help you work again. 

1.21 - Soft Tissue Injury or Abnormality Under Continuing Surgical Management 

A soft tissue injury may not be enough to qualify for disability. It must receive surgical management “directed toward saving, reconstructing, or replacing the affected part of the body.” Examples that may fall under this section include sciatica, third-degree burns that affect nerves, and torn ligaments. 

1.22 - Non-Healing or Complex Fracture of the Femur, Tibia, Pelvis, or One or More of the Talocrural Bones 

Fractures can qualify you for benefits in some cases. But, you must show that the fracture is expected to make it impossible for you to work for a year or more. Medical imaging, like X-rays, must show a “solid union” is “not evident” and is “not clinically solid.” 

1.23 - Non-Healing or Complex Fracture of an Upper Extremity

Similar to fractures involving the leg bones, complex fractures of the upper extremities may qualify for benefits too. The criteria are similar. The fracture is “under continuing surgical management.” Fractures of the humerus, radius, or ulna prevent you from working for at least 12 months. 

Take the Confusion Out of Filing

A medical professional has diagnosed you with a debilitating injury. Due to pain and limited mobility, you are no longer physically capable of working. The bills are piling up, and stress levels are rising. Filing for disability quickly becomes your best option for a stable future. Unfortunately, filing a claim can be confusing. It can be scary if the SSA denies your claim. This is the last thing you need when dealing with an ailment.

Let the qualified Social Security disability lawyers at Keefe Disability Law help take the worry out of your claim. Our dedicated staff will help you understand your rights and options. With experience, knowledge, and fortitude, we can help encourage your claim through the SSA faster than if you filed alone. We can help fill out disability reports too. 

If you’ve already applied for Social Security disability and currently receive benefits, getting married will not affect your monthly payments. While this is generally true for your own disability benefits, there may be certain circumstances where marriage does have an impact. It is important to learn how saying “I do” may affect the payments you receive. 

Qualify for SSDI With Your Work Credits

Social Security Disability Insurance (SSDI) is a government program for disabled workers. Having earned enough work credits is one of the main criteria. You earn work credits through regular employment. Self-employment counts too. The dollar amount changes each year. For 2023, you earn one credit for $1,640 in wages, and you can earn up to four credits per year.

The number of work credits you need to qualify for SSDI can vary. Most people will need at least 40 credits to receive Social Security benefits. What’s important to note is that these are your own credits. As long as you qualify for SSDI based on your own work credits, marriage has no impact. Your new spouse’s income has no effect either. 

Consult with a Social Security disability attorney if you have any questions. They can help clarify any confusion you may have. 

How to Qualify for Disability Benefits

The Social Security Administration (SSA) outlines the requirements to receive SSDI. The main criteria are:

• You have worked jobs covered by Social Security.
• You have enough work credits.
• Your medical condition meets the SSA’s definition of disability.
• You are under 65 years old. 

The SSA requires proof of your disability. This is why you must work with your doctors to provide evidence such as lab tests, medical reports, and other relevant information. A simple diagnosis is not enough. The condition must be so severe that you are unable to work. Marital status is not a factor. 

Working with a skilled Social Security disability attorney can help you get approved for SSDI. Every case is different. A lawyer can help present the strongest case possible to the SSA.

Marriage May Affect Other Benefits

Generally, getting married will not affect SSDI eligibility. This assumes these are your benefits based on your own history. Benefits may be affected in other instances such as the following:

• Children may receive SSDI based on a parent’s work record. If that child gets married, they will no longer receive benefits. They also lose benefits if they turn 18 or until they turn 19 as a full-time student in high school. 
• Supplemental Security Income (SSI) is based partly on financial need. SSDI is not. With SSI, individuals can have no more than $2,000 in assets. For couples, that number is $3,000. If your new spouse moves you above this figure, you may no longer get SSI benefits. Eligibility is also affected by location and income. 

Remarrying as a Widow or Widower

Marriage can impact benefits for survivors and divorced spouses. When a spouse receiving SSDI dies, the surviving partner may be eligible to receive disability payments. If they are at least 60 years old at the time of their spouse’s death, they can keep getting SSDI until they pass away. But, if the surviving spouse remarries, they may no longer receive SSDI benefits. It is possible, though, to be re-entitled to benefits in certain circumstances. Ask your Social Security disability lawyer how this might apply to your case. 

Getting remarried after divorce follows similar rules. If you receive SSDI benefits based on your ex-spouse, those payments stop if you remarry someone else. 

Talk With Your Disability Lawyer

Dealing with the SSA can be confusing. There can be a lot of rules and paperwork. You need a good Social Security disability attorney. At Keefe Law, we are experts in SSDI. Share your documents with us, and we can look at your case and answer any questions you have.  

Major life changes are impactful. This includes moving to another state or retiring. It also includes getting married. As you prepare for the next chapter in your life, talk to your SSDI lawyer. We can discuss your continued eligibility and how you can keep receiving benefit payments.

If your spouse has applied for or is receiving Social Security Disability Insurance (SSDI) benefits, you can continue to work while your spouse receives SSDI benefits. Your income will not affect their benefits. However, it's important to understand SSDI eligibility and seek the advice of an experienced SSDI lawyer if you have any questions or concerns.

SSDI Eligibility Requirements

SSDI is a federal program that provides financial support to people who are unable to work due to a disability. To qualify for SSDI benefits, you must have worked long enough and recently enough to earn sufficient credits. You must also have a medical condition that meets the Social Security Administration's (SSA) definition of a disability, which is a condition that is expected to last at least 12 months or result in death, and prevents you from doing any substantial gainful activity (SGA). 

SGA is defined as earning more than a certain amount of money per month from working. In 2023, the substantial gainful activity amount for SSDI is $1,470 per month. This amount is updated annually. If you earn more than the SGA amount, the SSA will consider you to be engaged in substantial gainful activity and will likely find that you are not eligible for SSDI benefits.

In addition, you will typically need 40 work credits to be eligible for SSDI, but this number can vary based on age. Workers can earn up to four credits per year. The dollar amount changes year-to-year. In 2023, you need to earn $1,640 in income to earn one credit. Thus, $6,560 in 2023 equals four work credits. A lawyer can determine if you have earned enough work credits to qualify. 

Having more than one condition does not mean you get more benefits. But, the SSA does consider compounding factors. The combined impact of your disabilities may qualify you for SSDI. Past income does not impact eligibility. You will need to provide medical evidence regarding your condition and to prove that you have a qualifying disability that prevents you from working. You must meet all of the required criteria for SSDI to ensure your claim is not denied.

Household Income and SSDI Eligibility

It's important to note that household income is not one of the factors considered in SSDI eligibility. This means that your income as a spouse will not affect your spouse's eligibility for SSDI benefits. Your spouse's eligibility is based solely on their own work history and medical condition.

However, SSDI eligibility can be confusing, and there may be situations where your income could affect your spouse's benefits. For example, if you or your spouse are applying for Supplemental Security Income (SSI) benefits, the income of both you and your spouse will be taken into consideration. Since SSI is a needs-based program designed for disabled individuals with low income, your spouse's income is crucial in determining the applicant's eligibility. If your spouse is applying for SSI and your income exceeds a specific amount, a portion of that income may be deemed available to the applicant by the SSA.

In addition, a child under the age of 16 may qualify for auxiliary benefits based on the SSDI eligibility of your spouse. In this case, your income could affect the amount of auxiliary benefits your child receives.

Contact an Attorney to Find Out More

If you have any questions or concerns about SSDI eligibility or how your income may affect your spouse's benefits, it's a good idea to consult with an experienced SSDI lawyer. An SSDI lawyer can do the following:

• Help you understand the eligibility requirements
• Determine your spouse's benefit amount
• Answer any questions you may have about working while your spouse receives SSDI benefits

With the help of an SSDI lawyer, you can ensure that your spouse receives the benefits they are entitled to and that you are able to work and support your family without any negative impact on your spouse's benefits.

Respiratory conditions can greatly impact a person's ability to work, and as a result, the Social Security Administration (SSA) offers disability benefits to those who meet the eligibility criteria. However, not all respiratory conditions are considered disabling under the Social Security Administration's Blue Book. In order to qualify for benefits, the condition must be so severe that you are unable to work. When applying for Social Security Disability, it is advisable to speak with an experienced attorney who can guide you through the application process.

Respiratory Conditions That May Qualify for Benefits

The SSA’s Blue Book lists impairments that may qualify for benefits. In section 3.00, you can find the list of respiratory disorders. These include several lung diseases, plus other conditions. The list describes criteria for what is serious enough to merit approval of your claim. The SSA also considers the combined effect if you have more than one condition.

It's important to note that having a respiratory condition alone is not enough to qualify for SSDI benefits. The severity of the condition and its impact on the person's ability to work are taken into consideration.

Here are some common respiratory conditions listed in the Blue Book that may qualify for Social Security Disability Insurance (SSDI) benefits:

• Asthma. A mild case of asthma likely won’t qualify. You may need to have been under medical observation for at least a year. If, after a year of treatment, you still have severe asthma attacks, you may qualify. This might include at least three hospitalizations or six major attacks in a year. 
• Chronic obstructive pulmonary disease (COPD). COPD describes more than one condition. Examples include emphysema and chronic bronchitis. This is when you have difficulty breathing. Other symptoms include wheezing, coughing, and shortness of breath. The symptoms must be severe enough to keep you from working full-time. 
• Cystic fibrosis. To qualify, the SSA looks for at least six episodes of severe symptoms in a year. This includes coughing up blood, bronchitis, and pneumonia. Persistent lung infections may also qualify you for benefits. 
• Lung transplant. If you receive a lung transplant, SSA will consider you disabled for one year. After that, SSA will reconsider your case to see if you still qualify. 
• Sleep disorders. If you have a breathing disorder related to sleep, like sleep apnea, you may qualify for SSDI benefits. 
• Lung cancer. By definition, this affects the respiratory system. Other related cancers can also qualify for SSDI benefits. 

This list is not meant to be exhaustive. If you have a rare disease not listed in the Blue Book, you may still qualify for disability. An experienced lawyer can help improve your chances of approval. 

Other respiratory disorders that may qualify include:

• Acute respiratory distress syndrome
• Chronic restrictive ventilatory disease
• Chronic lung infections
• Chronic pulmonary hypertension
• Chronic pulmonary insufficiency (CPI)
• Pneumoconiosis
• Pulmonary fibrosis
• Pulmonary tuberculosis (TB)
• Respiratory failure
• Sarcoidosis

Supporting Evidence You Need to Provide

When applying for SSDI benefits due to a respiratory condition, you will need to provide medical evidence that supports your claim. This evidence may include:

• Medical records from your treating physicians, including diagnoses, treatment plans, and medications prescribed.
• Pulmonary function test results that measure your lung capacity and the severity of your respiratory impairment.
• Imaging studies, such as chest X-rays or CT scans, that show the extent of your respiratory impairment.
• Reports from any hospitalizations, surgeries, or other medical procedures related to your respiratory condition.

It's important to provide thorough and up-to-date medical records, as well as any additional evidence that may support your claim since the main challenge is proving you are disabled. Other evidence that can be used to support your claim may include statements from coworkers or supervisors regarding the impact of your condition on your work performance.

In addition, you will also need to meet technical requirements. This includes earning enough Social Security work credits. You must also not engage in substantial gainful activity (SGA). Share what information you have with a disability attorney. They can walk you through what is needed. 

A Disability Lawyer Can Help With Your Application

Navigating the SSDI application process can be challenging, especially when it comes to gathering the necessary evidence to support your claim. An experienced SSDI attorney can help ensure that your application is complete and includes all the necessary medical evidence to support your claim. 

With years of experience, the attorneys at Keefe Disability Law know all about SSDI claims and what it takes to get approved. We can carefully assess your case and see if your respiratory condition meets a Blue Book listing. If it doesn’t, we can seek paths to help you get approved for SSDI. 

For anyone who receives Social Security Disability Insurance (SSDI) benefits, big life changes can raise concerns. This might involve moving to another state, getting married, or going back to work. You’ve already applied for SSDI, but do these changes impact your eligibility? What about benefit payment amounts? The short answer is yes. But, it depends on the life change. Some events can impact benefit payments. Others may not. 

Seek the advice of an experienced lawyer about the best course of action. They can help to ensure you receive the benefits you deserve. 

What Events Can Impact Disability Benefits?

You must notify the Social Security Administration (SSA) of major life changes. You can do this online, by phone, or by mail. You can also visit your nearest SSA field office. 

Life changes that may impact disability benefits include:

• Your spouse or ex-spouse passes away. You may be eligible for survivor's benefits. Thus, the SSDI payment amount may increase. This is based on your spouse’s earning record.
• Your disability improves. Benefit eligibility depends on being able to work. If your condition gets better and you can work, the SSA may stop payments.
• You start working. This can include both part-time and full-time jobs. Self-employment counts too. If you start earning an income, this may affect SSDI eligibility.
• You receive other disability benefits. The SSA may look at this other income in deciding SSDI benefit payments.
• You go to jail or prison. If you are convicted of a crime, you are generally not eligible for SSDI while serving time. Some exceptions may apply. 
• You reach full retirement age. At this point, the SSA converts your SSDI benefits to retirement payments. These amounts are likely not the same. Your lawyer can help you find out. 
• You pass away. In the event of your death, SSA will terminate benefits. If you have a surviving spouse or children, they may be eligible for survivor’s benefits. 

What Changes Will Not Affect SSDI Benefits?

Other major life changes may not affect eligibility. You still have to notify SSA of these changes. But, you do not need to reapply for SSDI. Examples include:

• You get married. If you qualified with your own disability and earnings record, you will continue to receive benefits. This is different if you qualified in another way. An example is a child who receives benefits based on their parent’s income record. 
• You move to another state. Contact SSA before you move. This way, you don’t miss any mail or payments. Moving to another state does not impact eligibility.
• Your living situation changes. If you move in with someone, like a friend or partner, your SSDI benefits are not impacted. 
• You receive an inheritance. SSDI eligibility is based on disability and earnings history. An inheritance is unearned income. 
• Your household income changes. Since SSDI is based on your earned income, your spouse’s income does not impact benefit payments. 

Why Might Social Security Disability Benefits Stop?

There are two main reasons why the SSA may stop your SSDI payments. One, you start working. Or, two, your medical condition gets better. These are the two core factors in qualifying for SSDI benefits.

If you receive SSDI, you can have a trial work period (TWP) of nine months. This lets you test if you are able to work. Earning more than $1,050 in a month triggers the TWP. The nine months of work can span up to a 60-month period. The months do not have to be in a row. After nine months of TWP, earning more than $1,470 per month stops SSDI eligibility. That is the Substantial Gainful Activity (SGA) amount as of 2023. 

If your medical condition improves and you are able to go back to work, SSA may stop your SSDI benefits. This is based on a Continuing Disability Review (CDR). This reviews your current medical condition. They ask about treatment and daily activities. If they decide you are no longer disabled, they may stop your monthly benefit payments. The SSA typically asks for a CDR every three to seven years. 

How Can You Protect the Benefits You’ve Earned?

Just because you qualified for SSDI doesn’t mean you will continue to qualify for SSDI. The SSA reviews your case periodically with the CDR. Major life changes can affect disability benefits too. The federal government may also garnish benefit payments to serve outstanding debt.

A qualified Massachusetts lawyer experienced in Social Security can help. They can review your case and help you prepare for CDRs. They can also advise how to notify SSA of life changes and educate you on the impact these changes can have on your benefits. And, if the SSA stops payments, a lawyer can appeal that decision. 

The Social Security Administration (SSA) has a defined appeals process. It can be frustrating when you submit a request for appeal and you’re not sure when you’ll hear back from them. The timeline can vary depending on many factors. If the SSA is currently facing a higher than normal volume of appeals, this may delay their response. 

When it comes to the second stage of appeal with an Administrative Law Judge (ALJ), you can expect several updates. Working with an experienced disability lawyer can help with this process. They can stay in touch with the court and SSA to manage your claim and appeal.

Did SSA Deny Your SSDI Claim?

You’re not alone. The Social Security Administration (SSA) denies upwards of 70 percent of disability claims. This is based on the initial assessment. The SSA may decide that the medical condition is not severe enough to stop you from working. Or, it may not think that your medical condition qualifies under its Blue Book definitions.

However, about 45 percent of Social Security Disability Insurance (SSDI) claims are denied for technical or non-medical reasons. That’s about two-thirds of the denials. An experienced attorney can help you appeal a technical SSDI denial. They can put together the strongest case possible and improve your chances of approval. 

How to Appeal Your SSDI Claim Decision

If the SSA denies your original SSDI claim application, you have the right to appeal. There are four levels of appeal. 

1. Reconsideration. Start by requesting SSA to review your initial SSDI application again. They’ll take a look at your claim through a fresh set of eyes. It’s as if you are sending in a brand new application. For this independent review, you can add new evidence you forgot to include the first time around.
2. Administrative Law Judge (ALJ). The second step is to file an appeal with an ALJ. This involves a live court hearing. It could be in-person or via phone or video conference. It is considered an official courtroom proceeding with testimony under oath. You and your SSD lawyer will have the chance to present your case before an independent federal judge.
3. Appeals Council. If your appeals for reconsideration and to the ALJ are unsuccessful, you can bring your case to the Appeals Council. You can request a review. They can then deny or dismiss your request, or bring it back to a judge for further review.
4. Federal District Court. This is the fourth and highest level of appeal. You can file a federal district court action with the U.S. District Court. A federal judge will hear your case without a jury. If you don’t already have legal representation, you definitely need an experienced lawyer at this stage.

Examples of Typical Updates and What They Mean

If you want to appeal the SSA’s decision, it is important to act quickly. Generally, you have 60 days after receiving your Social Security Disability denial letter to appeal. This appeal is a formal, written request. The reconsideration stage often takes many months. So, you may not hear from them in a while. Your lawyer can help follow up for updates.

If they deny your request for reconsideration, you then have 60 days to request an ALJ hearing. This starts a new process with a few key stages. An attorney can improve your chances of winning your appeal. 

1. Pending folder assembly. During this stage, the ALJ and your lawyer compile your case file. They collect documents like medical evidence and work history. The information is organized in a folder for the judge to consider.
2. Pending ALJ assignment. The case file is complete. Now, it must be assigned to an ALJ. This could take several months.
3. Ready to schedule. The case has been assigned to an ALJ and is now waiting for a court date.
4. Hearing date. The hearing before an ALJ is scheduled. You and your lawyer appear before the judge to present your case. This could be in person, over the phone, or via video conference.
5. Post-hearing development. If the ALJ did not receive additional evidence at the hearing, the case can be held in this status. Once the evidence is submitted and reviewed, it can move on to the next phase.
6. Post-hearing review. The ALJ is reviewing the evidence to make a decision. You cannot submit any more evidence. 
7. Pending decision writing. It can take about two months before the ALJ begins writing the formal decision on your appeal case. 
8. Decision writing process. The ALJ has made a decision. You should receive a formal written decision by mail within 60 days. 

How a Massachusetts SSD Lawyer Can Help

Navigating the appeals process can be complicated. There can be a lot of paperwork. There can be many steps involved. Technical errors, typos, and missing documents can leave your application hanging for months. 

An experienced SSD attorney can help you avoid some of the common mistakes in an SSDI appeal. By compiling the most complete and most compelling case possible, a lawyer can improve your chances of winning your appeal. They can keep track of updates and guide you through the whole process. 

Call to Book a Free Consultation

Has your Social Security disability claim been denied? We can help. Call our office at 508-283-5500 or toll-free at 888-904-6847. You can also complete our online contact form. During your free consultation, we can assess your case and decide on the best next steps. Let’s make sure your SSDI application is in order for the best chance at approval. Let’s get the benefits and support you need and deserve.

Are you thinking about applying for Social Security Disability Insurance (SSDI) benefits? Perhaps you’re not really sure if you qualify? Some situations may require a more complicated application process, but several medical conditions automatically qualify for SSDI. Speaking with an experienced disability lawyer can help to clarify any questions you may have.

The following list of qualifying conditions is not meant to be exhaustive. However, it should give you a good idea of what could qualify for SSDI benefits.

Musculoskeletal System Problems

According to the Social Security Administration (SSA), diseases and conditions relating to the musculoskeletal system and connective tissue represent almost one-third of diagnoses among workers receiving disability benefits. This category of diagnoses can impair a person’s ability to move effectively. Their movement may be restricted or they may experience severe pain.

• Arthritis
• Chronic joint pain
• Fibromyalgia
• Reflex sympathetic dystrophy (RSD)
• Spine injuries

Respiratory Illnesses

Respiratory system disorders can impair or prevent someone from performing their job effectively. They may have trouble breathing or participating in prolonged periods of physical labor. Depending on the severity of the illness, even short bursts of physical activity may be challenging.

• Asthma
• Chronic bronchitis
• Chronic obstructive pulmonary disease (COPD)
• Cystic fibrosis
• Emphysema

Mental Disorders and Conditions

Physical ailments are not the only health conditions that can automatically qualify for SSDI. In fact, approximately 20 percent of disability benefit recipients report having a qualifying mental disorder. The Social Security Administration states that individuals with these conditions must be severely limited in their ability to function independently to qualify for benefits. 

• Autism or Asperger’s syndrome
• Bipolar disorder
• Dementia
• Depression
• Post-traumatic stress disorder (PTSD)
• Schizophrenia

Cardiovascular Conditions

Heart disease is the leading cause of death for most people in the United States. It’s no wonder cardiac and cardiovascular conditions similarly make up a significant portion of SSDI claims. These disorders can affect the heart itself, as well as the flow of blood to and from the heart.

• Angina
• Arrhythmia
• Coronary artery disease
• Congenital heart disease
• Hypertension (high blood pressure)

Blood Disorders

In addition, illnesses relating to the heart and the flow of blood are examples of health conditions affecting the blood itself. This can then extend to impairing a worker’s ability to perform their duties.

• Bone marrow failure
• Hemophilia
• Sickle cell anemia

Nervous System and Neurological Conditions

Neurological conditions can have a profound impact on an individual’s motor function. Thus, their ability to perform the duties of their job effectively may be impaired. This can have an impact on both gross motor function and fine motor skills, affecting workers across a broad range of industries and work environments.

• Benign brain tumors
• Epilepsy
• Multiple sclerosis
• Parkinson’s disease
• Traumatic brain injury

Sensory Organ and Speech Conditions

The Social Security Administration defines blindness as the inability to correct your vision to at least 20/200 in your better eye. If your vision or other senses, including speech, are otherwise impacted by a health condition, you may qualify for SSDI benefits. 

• Blindness
• Hearing loss
• Impaired speech
• Vision disorders

Endocrine Disorders

The endocrine system relates to the hormones circulating throughout your body. This includes the glands that secrete hormones, plus receptors and organs that respond to or are impacted by hormones. Endocrine dysfunction can lead to fatigue, weakness, unintended weight fluctuations, and mood swings.

• Diabetes
• Hyper/hypothyroidism
• Pituitary gland disorders

Cancer and Benign Tumors

Both malignant tumors (cancer) and benign abnormal masses of tissue (non-cancerous) may qualify for Social Security Disability Insurance benefits. According to the Social Security Administration, individuals with disorders like these made up nearly 10 percent of benefits awarded in 2011.

• Breast cancer
• Leukemia 
• Lung cancer
• Mesothelioma
• Non-Hodgkin lymphoma

Other Disorders and Conditions

Several other health conditions and medical disorders may qualify for benefits. Some examples include the following:

• Burns 
• Chronic skin infections
• Dermatitis
• Human immunodeficiency virus (HIV) infection
• Inflammatory arthritis
• Lupus

Call Us for a Free Consultation Today

Before you apply for Social Security Disability Insurance (SSDI) benefits, give us a call, and we can help walk you through the whole process. We will evaluate your claim and help put your mind at ease. Call 508-283-5500 or toll-free at 888-904-6847 to schedule an appointment with our legal team. You can also fill out our online contact form to request your free, no-obligation consultation.

Yes. The Social Security Administration (SSA) has the TERI program. It is for people with terminal illnesses. Applications flagged as TERI cases are expedited. TERI applicants may start to receive Social Security disability (SSD) benefits sooner. Also, SSA treats these files “with special sensitivity.” Letters sent to applicants do not use “terminal” or “terminal illness.”

You cannot apply directly for TERI. Rather, it is up to Disability Determination Services (DDS) to flag your file. When filling out your SSD application, you can describe your terminal illness. Present your best case to expedite your benefit approval. This can include documentation from your doctor or another health professional. 

How SSA Defines Terminal Illnesses

The SSA determines TERI eligibility based on the situation and condition. First, there must be an allegation or diagnosis that the illness is terminal. This includes conditions like ALS or AIDS. Hospice care can justify a TERI-flagged case too. 

According to the SSA, an illness is terminal if the “impairment is untreatable.” It is “expected to end in death.” Many conditions may qualify as terminal illnesses. Once a claim receives a TERI flag, “each step in the process” is expedited. Only DDS can remove this case flag.

Examples of Terminal Conditions

The SSA lists several terminally ill conditions. These may qualify as TERI cases. 

• ALS (amyotrophic lateral sclerosis or Lou Gehrig’s disease)
• AIDS (acquired immune deficiency syndrome)
• Chronic pulmonary or heart failure requiring continuous home oxygen and personal caregivers
• Dependence on a cardiopulmonary life-sustaining device
• Metastatic cancer
• Stage IV cancer
• Inoperable or unresectable cancer
• Mesothelioma
• AML (acute myelogenous leukemia)
• ALL (acute lymphocytic leukemia)
• Coma for at least 30 days
• Currently receiving hospice care
• Waiting for a heart, lung, live or bone marrow transplant

The above list is not exhaustive. This should, though, illustrate what may qualify as a TERI case. Consult with a disability law attorney to best assess your situation.

How Terminal Illness Affects Your SSD Application

You cannot apply for the TERI program. The SSA does not tell applicants if they are being considered. They also don’t say whether they’ve flagged it as a TERI case. Inclusion in the TERI program can be opaque.

Having a terminal illness does not change your SSD eligibility. The SSA can still deny your claim. You might not meet the Blue Book criteria. Or, the SSA may believe you can still work. The only difference with TERI is they expedite processing. You will likely learn sooner whether they’ve approved or denied your application. 

The five-month waiting period still applies to TERI cases. During this period, applicants do not receive SSDI benefits. As part of the approval process, a medical consultant will review the file. The TERI flag may be added at this time.

TERI Cases Versus Compassionate Allowances

The criteria for Compassionate Allowance cases (CAL) are not identical to TERI cases. Not all CAL cases qualify for TERI. The same is true with Quick Disability Determination (QDD). The main feature of TERI cases is terminal illness. QDD and CAL cases may not imply a terminal illness. There is overlap in these programs, though.

As a result, your SSD claim may qualify for one or more of these programs. If you are eligible for more than one program, your chances of a faster decision improve. The CAL program makes it easier for SSA to identify qualifying cases. These conditions may not be terminal. A faster decision means benefits can begin sooner too.

The SSA provides a complete list of CAL conditions on its website. Examples include brain disorders, childhood disorders, and cancer. Rare conditions may be eligible too.

How an Experienced Attorney Can Help

With a terminal illness, time is of the essence. You can’t wait around for SSA approval. You need the benefits now. When you work with an experienced Social Security lawyer, they can review your application. They can ensure it is complete and accurate. This can reduce delays and denials. 

Let our experienced Massachusetts law firm take a look at your file. We can look into sourcing the medical forms and statements. These can clearly establish your medical condition. We can help present the most compelling case possible to the SSA. This can help expedite your application as a TERI case. And this means you can start receiving much-needed SSD benefits sooner.  

Request a Free Consultation Today

Managing a terminal illness is stressful enough. We can help lift some of the burden of applying for Social Security disability. The system can be complicated and we can help answer any questions you may have. Call our office at 508-283-5500 or toll-free at 888-904-6847 to book a free consultation today. You can also get in touch with us by filling out our online contact form. Let us evaluate your case and help you get the benefits and coverage you need. 

Yes. The Social Security Administration (SSA) -- the government agency that administers the Social Security Disability Insurance (SSDI) program – doesn’t limit how many times you can apply for benefits. If the SSA denied your initial claim, there’s nothing stopping you from applying again. However, don’t start filling out a new application just yet. In most cases, it makes more sense to take advantage of the SSA’s four-level appeals process than to start over with a whole new claim. Here’s what you should know about your options after an SSDI denial, including the benefits of an appeal, when to consider submitting another application, and how Keefe Disability Law’s knowledgeable and experienced Boston disability attorneys can guide you through the appropriate process and increase your chances for success.

Understanding the Social Security Disability Appeals Process

If you waited months to find out whether you were approved for SSDI, only to receive a disappointing denial letter, you’re not alone. The SSA denies up to 70 percent of initial claims. Fortunately, you have the right to appeal and have 60 days (from the date you received the denial letter) to inform the SSA of your decision. The Social Security disability appeals process has four levels: 

• Reconsideration, a new evaluation of your claim by disability determination examiners not involved in the previous decision
• Hearing by an Administrative Law Judge (ALJ), if Disability Determination Services (DDS) denies your request for reconsideration or you disagree with their decision, you can request a hearing with an ALJ
• Appeals Council Review, if the ALJ doesn’t rule in your favor, you can ask the Appeals Council to review your claim
• Federal Court Review, if the Appeals Council denies or dismisses your SSDI claim, you can file a lawsuit in U.S. District Court 

Appealing a Denied SSDI Claim Can Have Numerous Benefits

The appeals process can be lengthy and grueling, but there are good reasons for slogging through it. Failing to provide sufficient medical evidence is one of the most common reasons SSDI claims are denied. Thankfully, you can submit additional evidence or documentation to support and strengthen your claim at every level of appeal, save the federal court review.

You’re also statistically more likely to succeed with an appeal than a new application, which puts you back at square one, where you face the same nearly 70-percent denial rate. On the other hand, if you can make it to the second level of a Social Security disability appeal, or an Administrative Law Judge hearing, you have an almost 50 percent chance of being granted benefits. Your chances of winning your SSDI appeal are even better if you have skilled legal counsel.

However, the main advantage of an appeal is that you can preserve your original protective filing date, which is the date you let the SSA know you were planning to apply for SSDI. If your claim is ultimately approved, you could be eligible for back pay (or past-due benefits) going all the way back to your protective filing date (and, in some cases, an additional 12 months). Reapplying resets your protective filing date, meaning you’d be eligible for less back pay if granted benefits.

When to Reapply Rather Than Appeal

Though appealing a denied SSDI claim is usually the most advantageous option, there are times when starting over with a new application makes sense. Here are some examples:

• You missed the 60-day deadline to file for an appeal
• Your condition has worsened in severity (or expected duration)
• You’re applying for SSDI for a different medical condition

Denied SSDI Benefits? Let Our Adept Disability Attorneys Handle Your Appeal

Appealing a denied SSDI claim can be difficult and time-consuming. Skilled representation can improve your chances of being granted benefits. Let Keefe Disability Law handle your SSDI appeal so that you can focus your time and energy elsewhere. 

Ready to talk to us about your claim? Complete the contact form or call 508-283-5500 to schedule a free initial consultation. 

Related Links: Winning an SSDI Appeal SSDI Appeals: What to Know About ALJ Hearings SSDI Appeals: Mistakes to Avoid