David Dopkin, Attorney at LawFindLaw IM Template2024-02-06T17:03:35Zhttps://www.daviddopkin.com/feed/atom/WordPress/wp-content/uploads/sites/1604013/2022/10/cropped-DavidDopkin-site-icon-32x32.pngOn Behalf of David Dopkin, Attorney at Lawhttps://www.daviddopkin.com/?p=2543752024-02-06T17:03:35Z2024-02-06T17:03:35ZUnderstanding SSDI eligibility
To be eligible for SSDI, an individual must have a medical condition that meets the SSA's strict definition of disability. This definition requires that disabilities are expected to last for at least one year or result in death. The condition must be severe enough to significantly limit the individual's ability to perform basic work activities, rendering them incapable of engaging in substantial gainful employment in the national economy.
Work credits and SSDI
Eligibility for SSDI is also contingent on having accumulated enough work credits. These credits are earned through years of work and contributions to the Social Security system. A person can earn up to four credits per year, depending on their earnings. In 2024, one credit is earned for each $1,730 earned.
The number of credits required depends on the age at which the individual becomes disabled. Most people need 40 credits, with 20 of those being earned during the previous 10 years. Younger workers may qualify with fewer credits because they have had less time to accumulate credits than older workers.
The role of compassionate allowances
The SSA recognizes that certain conditions are so severe that they inherently qualify as disabilities under the SSDI program. The compassionate allowances program expedites applications involving specific severe conditions, such as certain advanced cancers, rare genetic disorders and other significant illnesses.
Applicants with a condition on the compassionate allowances list can receive a determination on their eligibility much faster than through the standard review process. The diagnosis must be included on the application so it can be picked up by the automated system and flagged for swift review.
SSDI applications can be complex, and they sometimes result in a denial. Working with someone who can provide legal assistance with this process benefits applicants who can’t afford to risk a denial or who need to appeal one.]]>On Behalf of David Dopkin, Attorney at Lawhttps://www.daviddopkin.com/?p=2543732023-12-11T00:32:23Z2023-12-11T00:32:23ZCredits are what determine eligibility
The Social Security Administration (SSA) awards workers credits for the time that they have put in at each job they work. A worker can receive one Social Security credit for every $1,640 they earn. However, the SSA will only grant someone at most four credits each year regardless of how much they earn.
When a worker applies for SSDI benefits, the SSA will look at how many total credits they have accrued and how many recent credits they have earned. Overall, workers typically need to have at least 40 credits or 10 years of work history to qualify for benefits. Additionally, the SSA usually requires at least 20 credits earned within the last 10 years prior to someone's application.
Of course, people who are too young to have 40 credits and 10 years of work history can develop disabling medical conditions. There are slightly different rules that apply to applicants who are 31 years of age or younger. Fewer credits are necessary for younger workers to receive full SSDI benefits when they become unable to continue working.
Ultimately, reviewing one’s work history and Social Security credits with an attorney before applying can be as important as verifying that a medical condition qualifies someone for SSDI benefits.]]>On Behalf of David Dopkin, Attorney at Lawhttps://www.daviddopkin.com/?p=2543652023-10-05T15:20:44Z2023-10-05T15:20:44ZChildren with disabilities can’t be evaluated by adult standards
Ever since a landmark case in 1990 (Sullivan v. Zebley), SSA has been required to evaluate claims by children differently than claims by adults.
Adult disabilities have to be evaluated based on whether their condition meets or equals something on SSA’s List of Impairments and their capacity to perform substantial gainful activity, while a child’s claim is evaluated based on their ability to function in age-appropriate settings and their development when compared to their peers. That is seen as a relaxed standard that opened the door for more children with special needs to receive benefits.
A mandatory Continuing Disability Review is coming at age 18
If your minor child is receiving Supplemental Security Income and they’re about to turn 18, a Continuing Disability Review (CDR) is inevitable. Unlike any prior CDRs your child has had, however, this one will look at whether or not they qualify for benefits under adult standards of disability.
This makes it very important to make sure that the medical evidence submitted with the CDR is correct and clear. You may want to schedule an appointment for an evaluation shortly before or after your child’s birthday so that there is recent documentation of their condition. Ask your child’s physician to make the appropriate referrals for any additional evaluation your child needs for emotional or intellectual difficulties. That can go a long way toward establishing the fact that they’re still disabled.
Some SSI recipients have their benefits unfairly terminated because SSA says that they no longer qualify as “disabled” under the adult rules. If that happens to you, it’s critically important to promptly exercise your appeal rights and to seek legal guidance accordingly.]]>On Behalf of David Dopkin, Attorney at Lawhttps://www.daviddopkin.com/?p=2543612023-08-02T15:14:20Z2023-08-02T15:14:20Zonly 38% of those who meet the technical eligibility requirements for SSD end up being medically approved for disability benefits when they initially file. While your claim’s initial denial may be frustrating and disheartening, it’s not the end of your journey. You have appeal rights.
What is the appeals process for SSD denials?
The initial appeals process is called a reconsideration request. Essentially, this is just asking the Social Security Administration (SSA) to take a look at your claim with fresh eyes. It’s also a chance to update your medical records and fill in any gaps in information that may have caused the denial.
If your claim is denied again, you can file for a hearing in front of an Administrative Law Judge (ALJ). This gives you the ability to plead your case directly to someone with the power to approve your claim. Many claims that fail during the initial claims process and the reconsideration phase end up being approved at the hearing level.
If your claim is still unsuccessful, you can ask for an Appeal Council review, but there is no guarantee that the Appeals Council will agree to look at your claim. If it does, it has the power to either decide your claim or send it back to the ALJ for a new hearing. If you disagree with the outcome of your request for an Appeals Council review, you still have the option of filing a civil claim in the U.S. District Court.
You have 60 days (plus a five-day allowance for mailing time) from the date of your notice to file an appeal at every level, so use that time wisely. Seeking legal guidance can help you better understand the reason your claim was denied in the first place and exactly what you can do to overcome those issues.]]>On Behalf of David Dopkin, Attorney at Lawhttps://www.daviddopkin.com/?p=2543592023-06-12T11:52:21Z2023-06-12T11:52:21ZWork history
For one thing, you do not need to have a work history for SSI. It doesn’t matter how many years you’ve worked or if you haven’t worked at all. That being said, for SSDI, you typically do need to have a significant work history and evidence that your injury or condition is keeping you out of work.
A needs-based program
SSI is based on your needs, rather than your work history. The most important factors in an SSI claim are whether you have limited financial resources and either no income or a very limited one. You require the supplemental income as a result.
As you apply, you’ll have to show proof that this is true. There are many ways to do this, and it can be helpful to have proper documentation. This includes things like bank statements, property deeds, pay stubs and much more.
Navigating the process
Even though you may be very confident that you should qualify for SSI, it’s not always a guarantee that these benefits will be granted. This is an extensive process, there are many people who apply and denials are quite frequent. In many cases, people get denied initially, even though they do have a valid case. They just need to provide more documentation, more evidence or something else of this nature. The same can be said of SSDI claims, wherein someone has a requisite work history but they need to prove the ins and outs of their qualifying disability.
As such, it’s important for you to understand exactly what steps to take as you navigate this process. You need to know what legal options you have and how to put yourself in the best possible position for your application to succeed. Seeking legal guidance is a good place to start.
]]>On Behalf of David Dopkin, Attorney at Lawhttps://www.daviddopkin.com/?p=488602023-04-13T22:10:41Z2023-04-13T22:10:41ZIt can be very dangerous to work with a heart condition. It’s not just that the condition makes it difficult to work. But putting extra stress on the body could make it more likely that someone suffers from a heart attack, an aneurysm or a related issue. This is why many people with chronic heart conditions will find themselves unable to work at all. There’s simply no way for them to safely work in a physical or high-stress occupation – which so many occupations are.
So how do you know if you have a heart condition? It’s very important to talk to your doctor if you have any suspicion that there may be an issue. They can carry out tests, such as an echocardiogram. Never make assumptions about health. Always talk to medical professionals.
Symptoms that need attention
That being said, it is important to know what symptoms to look for so that you know if you have heart disease or a similar condition. This could spark your trip to the doctor. Some common symptoms include:
Jaw and neck pain
Shortness of breath
Throat pain
A tightness in your chest
A feeling of discomfort and pressure
General chest pain
Numbness and weakness
Coldness in your extremities
Often, people will simply notice differences in their circulation. This could lead to blue skin or a pale gray hue, known as cyanosis. Other issues include things like irregular heartbeats, such as a racing heartbeat or heartbeats in an abnormal rhythm.Finally, you simply want to keep an eye on your physical abilities. If you do easy things that should have been achievable for you before, such as light exercise or walking up a flight of stairs, you may find yourself very short of breath. You could also feel dizzy or like you’re going to pass out.
What options do you have?
If it turns out that you do have heart disease, congenital heart defects or other such issues, they may qualify as a disability. This could lead to Social Security disability benefits. Make sure you know how the system works and what steps you need to take from a legal perspective. ]]>On Behalf of David Dopkin, Attorney at Lawhttps://www.daviddopkin.com/?p=2542882023-02-17T14:58:16Z2023-02-17T14:58:16ZComplex Regional Pain Syndrome (CRPS) and how that reality can stem from trauma to the body, such as a broken leg or a broken arm. It can cause the constant pain and discomfort, even though something like a broken leg typically would heal relatively quickly.
Injuries that do not heal
First and foremost, in the Social Security Administration’s guide to musculoskeletal injuries, it notes that some injuries are non-healing. These injuries can qualify as disabilities simply because the condition may not rectify itself or may last much longer than expected. Do not assume that all broken bones are the same or that all people heal at the same rate.
Preventing gainful employment
Another thing to keep in mind is that a disability is a condition that may keep you from working, and a neck or back injury certainly could be severe enough to result in an employment-related challenge. Many of these injuries can cause such terrific pain that mobility is incredibly limited. Once again, don’t make the assumption that you would need to be in a wheelchair or fully unable to move in order to qualify for disability benefits. If your injury is severe enough that you’re not going to be able to work again, and it’s not going to heal for at least a year, you may still qualify for assistance.
If you are facing these types of challenges and you’re looking for solutions, it’s important to know exactly what legal steps to take so that you can benefit from programs designed for people facing issues like yours.]]>On Behalf of David Dopkin, Attorney at Lawhttps://www.daviddopkin.com/?p=2542872022-12-16T03:15:22Z2022-12-16T03:15:22Zthree to five months.
Why is the Compassionate Allowances program important?
The Compassionate Allowances program enables people with specific medical conditions to undergo a fast-track application process. The conditions that qualify are noted on the Social Security Administration’s website. The list is updated to include new conditions if they meet specific requirements, and it currently has more than 220 conditions.
Some of the newest conditions on the Compassionate Allowances List include:
Angioimmunoblastic T-cell lymphoma
Blastic plasmacytoid dendritic neoplasm
Gerstmann-Straussler-Scheinker disease
Microvillus inclusion disease – child
Mowat-Wilson syndrome
Myelodysplastic syndrome with excess blasts
Nut carcinoma
Pfeiffer syndrome – types II and III
Pontocerebellar hypoplasia
Posterior cortical atrophy
Renal amyloidosis – AL type
Sarcomatoid mesothelioma
All of the conditions on the list have been evaluated and are so severe that they automatically meet the requirements for being considered a disabling condition.
How can an applicant use the Compassionate Allowances program?
There’s no special application or anything the applicant needs to do. The automated system flags applications that contain a condition on the list. Because of this, all applicants must ensure they accurately list all conditions they’ve been diagnosed with.
Trying to navigate through the SSDI application process can become frustrating and confusing if you don’t know much about it. Working with someone who can help you can reduce the stress and help you ensure deadlines are met if you have to submit anything or appeal a decision.]]>On Behalf of David Dopkin, Attorney at Lawhttps://www.daviddopkin.com/?p=2542462022-12-02T19:27:45Z2022-12-02T19:27:45ZAppeals are relatively common
While it is untrue to claim that every applicant faces rejection, it would be true to say that many applicants who believe they should qualify for benefits do not qualify in the end. Still, a significant portion of people who applied do get benefits at first, and more people receive benefits if they appeal the initial decision about their claim.
Looking at the 10-year average approval rate between 2010 and 2019 makes it clear that patience is key for a significant number of applicants. Only 21% of those seeking SSDI benefits get approved immediately after applying. Many others must appeal to get benefits.
Roughly 2% of applicants get benefits through a reconsideration, and another 8% secure benefits after a hearing with an administrative law judge. Approximately 67% or two-thirds of applicants will not receive benefits.
How can this information help you?
Instead of letting someone else's warning about how no one gets approved prevent you from applying for SSDI, you can move forward with your application. After all, you won't get benefits at all if you never ask for them.
When you know how many people don't receive benefits initially, you may be more careful with your own paperwork or may take more time gathering medical documentation to improve your chances of being among the minority of people who get the benefits they request. You may also have the motivation necessary to appeal if you aren't successful initially.
Learning more about SSDI benefits can help those who think they may qualify.]]>On Behalf of David Dopkin, Attorney at Lawhttps://www.daviddopkin.com/?p=488592022-10-13T19:36:15Z2022-10-13T19:36:15ZAppeals are relatively common
While it is untrue to claim that every applicant faces rejection, it would be true to say that many applicants who believe they should qualify for benefits do not qualify in the end. Still, a significant portion of people who applied do get benefits at first, and more people receive benefits if they appeal the initial decision about their claim.
Looking at the 10-year average approval rate between 2010 and 2019 makes it clear that patience is key for a significant number of applicants. Only 21% of those seeking SSDI benefits get approved immediately after applying. Many others must appeal to get benefits.
Roughly 2% of applicants get benefits through a reconsideration, and another 8% secure benefits after a hearing with an administrative law judge. Approximately 67% or two-thirds of applicants will not receive benefits.
How can this information help you?
Instead of letting someone else's warning about how no one gets approved prevent you from applying for SSDI, you can move forward with your application. After all, you won't get benefits at all if you never ask for them.
When you know how many people don't receive benefits initially, you may be more careful with your own paperwork or may take more time gathering medical documentation to improve your chances of being among the minority of people who get the benefits they request. You may also have the motivation necessary to appeal if you aren't successful initially.
Learning more about SSDI benefits can help those who think they may qualify.]]>