February 24th, 2012
One of the most commonly asked questions we get asked from current or potential social security disability clients is “Can I work while I am waiting for my social security disability claim?” As a social security disability attorney there is an easy short answer to this question, but there are numerous exceptions. The short answer is that you cannot work at the same time you are applying for social security disability. The reason is that when you apply for social security disability you are basically stating that you are unable to work because of a severe medical impairment and if you are working it is in contradiction to that statement. However, there are exceptions.
The main exception or rule is that you can work to a certain extent or amount and still be able to apply for social security disability. That amount this year is $1010 per month in gross wages, or before taxes. So, if you are working and you earn less than $1010 per month before taxes then technically you can still apply for social security disability and have your claim move forward. However, even if you earn less than that amount and your claim can move forward it may have a negative affect on your claim. What I usually tell prospective client’s is that if you were to earn $1009.99 then technically your claim can move forward, but it will be highly scrutinized if and when you get to the hearing stage and most Judges are going to really question your ability to work if you earned even close to the threshold amount. Working and earning money can also have an effect on how much you would get paid if you are eventually approved for disability because one type of disability benefit (SSI) is dependent on how much you earn and any earnings could reduce your benefit amount dollar for dollar for that time period.
If that wasn’t confusing enough, there are even other exceptions to this exception. There are rules in place that will allow your claim to move forward even if you earn more than the threshold amount of $1010 per month. One is called an “unsuccessful work attempt” and the other is called “income related work expenses.” These rules are used in specific circumstances and may allow an individual to keep their disability claim moving forward even though they may have earned over the threshold amount for a certain time period. These same rules may also allow an individual to claim an earlier onset date which may result in a larger lump sum benefit if they are eventually approved for disability. The specifics of these rules are far too complicated to explain in a short blog and require analysis on a case by case basis.
The best thing to do if you are currently working and thinking about applying for social security disability or if you have a current disability claim pending and want to consider working part time, you may want to speak with an attorney first before making that decision. If you have any questions about how your work activity may affect your social security disability claim, please feel free to contact one of our Charlotte, NC attorney’s at Bridgman and Serbin and take a look at our website at www.CharlotteDisability.com.
Posted in Ability to work, Benefits, Blog, Eligibility, Tips and Tools | No Comments »
February 7th, 2012
One of the most common medical impairments we see when we are evaluating social security disability cases in Charlotte, North Carolina are heart or cardiac related disabilities or impairments. More specifically, we see a lot of claimant’s with many different types of heart impairments including: Coronary Artery Disease, Chronic Heart Failure, Cardiac Arrhythmias, Pacemaker Implants, Ischemic Heart Disease, and Congenital Heart Disease. This is not a complete list of heart related social security disability impairments that we see, but for the most part, most of the cases we see in Charlotte, North Carolina fall into one of these categories.
Heart or cardiac impairments can sometimes be difficult to evaluate in terms of winning a social security disability claim. Most of the time if someone is unable to work because of a heart or cardiac impairment it usually means it is very severe. In other words it is very likely it is severe enough that it limits or precludes them from being able to perform most types of work related activity. Even if a heart condition is very severe, you still have to prove you are entitled to social security disability benefits by showing objective medical records and testing. These can include tests such as an Echocardiogram, Stress Testing, Exercise Testing, Catheterizations, EKG’s, ultrasounds and other heart related lab and diagnostic testing. Additionally, you must be able to prove that you suffer from very severe symptoms which cause marked limitations. These symptoms can include just about anything, but some of the most common heart related symptoms include chest pain, shortness of breath, dyspnea, difficulty breathing, heart palpitations, dizzy spells, fainting, passing out, fatigue, swelling of the extremities, and many others. It also helps your chances of winning your social security disability claim if you can show you need multiple medical interventions or hospitalizations and/or a significant number of medications to help control your heart condition.
All of these factors listed above are important to your social security disability claim. unfortunately, a lot of this information can be difficult to analyze and present to the Social Security Administration if you are unfamiliar with them. If you have a heart or cardiac impairment and are thinking about applying for social security disability, it is probably wise to speak with an attorney who is experienced in handling these types of claims. In Charlotte, North Carolina and throughout North and South Carolina we have helped many individuals suffering from a heart impairment with their social security disability claims. Please feel free to give one of our attorney’s a call for a free consultation if you have any questions.
Posted in Blog, Impairments, Medical evidence | No Comments »
January 13th, 2012
Our firm recently represented an individual who had Multiple Sclerosis and fortunately was awarded social security disability benefits. Many times these cases turn on a few key medical documents, however, I believe just as important is having a detailed description of a claimant’s functional limitations. If an individual is formally diagnosed with Multiple Sclerosis, and is being followed closely by a neurologist, and has severe functional limitations, there is a good chance they will be found disabled under social security’s rules and regulations. Let me go over some of the basics of Multiple Sclerosis (MS) and how to successfully navigate the social security disability claims process if you have Multiple Sclerosis.
Multiple Sclerosis is a neurological disease that affects the central nervous system and can be extremely debilitating. There is no known cause for Multiple Sclerosis and unfortunately, no known “cure” as well, however, there are many different therapies which are mostly designed to slow the progression of the disease and target some of the symptoms. There are many signs and symptoms of MS including muscle weakness, spasticity, decreased sensation, pain, and vision and speech disturbances among many others. These symptoms are what affects an individuals function which are key in proving disability.
Individuals who have been diagnosed with Multiple Sclerosis and are unable to work because of this disease should consider applying for social security disability. There are specific criteria that the Social Security Administration looks for when evaluating your claim. First, they will look to see if you were formally diagnosed with Multiple Sclerosis. This typically includes some type of imaging (MRI) where a doctor, most likely a neurologist who is specially trained with MS, is able to see the damaged areas of the brain or any abnormalities which are typical in patients with MS. Additionally, this has to be corroborated with a patient’s history, physical symptoms, and other laboratory findings in order to rule out other causes of a positive MRI. Next, and just as important to your case, the Social Security Administration will look at your ability, or more accurately, your inability to function due to the symptoms of Multiple Sclerosis. The most important symptom that our law firm has found in these cases is “muscle weakness” and/or “fatigue”. Fatigue and muscle weakness are two of the most common symptoms of Multiple Sclerosis and are also two of the most debilitating. If a social security disability claimant can show that they have reproducible fatigue and/or muscle weakness due to Multiple Sclerosis, then they have a much better chance of being successful with their social security disability claim.
Proving this may sound very simplistic, however, unfortunately it is not. Many cases can be denied due to the difficulty of proving the particular degree of symptoms as well as consistent symptoms, especially at the initial and reconsideration stages of a social security disability claim. It is important to remember that there is a right way and a wrong way to describe your particular symptoms to SSA or to the Administrative Law Judge if you have a social security disability hearing. The short answer is you do not want to exaggerate your symptoms, but you also do not want to minimize your symptoms. Anyone who has been diagnosed with Multiple Sclerosis and is considering applying for social security disability benefits, or has already been denied with their disability claim should consider talking to an Attorney who is well versed in this type of law and who has an understanding of this type of disease.
Posted in Blog, Impairments | No Comments »
November 29th, 2011
Now that you understand the importance of medical opinion evidence to the success of your Social Security disability claim, you may be wondering how your doctor’s opinion will be obtained and in what form it will be presented to the Social Security decision-maker.
There are several ways to obtain a treating doctor’s medical opinion. For example, your Charlotte disability lawyer could:
- Take the doctor’s deposition. [A deposition is similar to an interview. Your Charlotte disability lawyer will question the doctor; the doctor will answer under oath, just as if he were testifying in court; and the entire proceeding will be transcribed, word for word.]
- Send the doctor written questions, to be answered in writing.
- Ask the doctor to prepare a written report on specific topics.
- Ask the doctor to complete a pre-printed medical opinion form relative to your impairment. [You can see an example of a medical opinion form, in a fibromyalgia case, here.]
- Subpoena the doctor to testify at your hearing before the administrative law judge.
Even though live testimony may be the most compelling and effective way to ensure that the treating doctor addresses all the issues in your case, treating doctors rarely testify at Social Security disability hearings. The reason for this is simple: doctors are busy, and their time is expensive. Thus, in most cases, the doctor’s opinion will be presented in written form. In any event, regardless of how the doctor’s opinion is obtained or the format in which it is presented, the Social Security decision-maker must consider the opinion and, in appropriate cases, give it controlling weight.
An experienced Charlotte disability lawyer can help you gather and present the evidence in support of your disability claim, including medical opinion evidence. If you are not currently represented, and you would like to talk with us, please use the Free Case Evaluation form on this page to tell us about your situation, or call or email us directly.
Posted in Blog, Impairments, Medical evidence | No Comments »
November 22nd, 2011
In a previous post [10/14/11], we explained that a doctor’s opinion must meet three basic criteria in order to be given “controlling” weight: it must come from a medically acceptable source; it must come from a treating doctor; and it must be supported by the medical evidence. Here, we will discuss those criteria in more detail.
Assuming that your doctor is an “acceptable source,” then the Social Security decision-maker will consider both the nature of your relationship with your doctor and the quality of the opinion presented in determining the weight to be given to your doctor’s opinion. Relevant factors include:
- The length of time you have treated with the doctor;
- The number of time you have seen the doctor;
- Whether the doctor is able to provide details of your impairment over a prolonged and continuous period of time;
- Whether the doctor is a specialist and, if so, whether the doctor’s specialized knowledge and experience are relevant to treating your impairment;
- The clinical work (examinations and tests) performed and ordered by the doctor;
- Whether and to what degree the doctor’s opinion is supported by the medical evidence in the case, particularly the clinical and diagnostic evidence;
- Whether the doctor’s opinion is consistent with the other evidence in your case; and
- The quality of the doctor’s written opinion – a detailed, well-reasoned, and well supported opinion is valuable and will be given due weight; by comparison, a conclusory statement of opinion (e.g., “It is my opinion the claimant is disabled.”), without more, will be given little to no weight.
An experienced Charlotte disability attorney can work with you and your doctors to obtain valuable medical opinion evidence. If you would like to talk with us about your case, you can reach us by phone or email, or by submitting the Free Case Evaluation form on this page.
Posted in Blog, Medical evidence | No Comments »
