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September 6, 2018

Neck Pain and Social Security Disability Benefits

When thinking of spinal pain, people typically think of the back or lumbar area.  However, the cervical spine can also create pain and limitations that prevent an individual from working.  The cervical region consists of seven vertebrae numbered C1 through C7.  Injuries or degeneration of this area can require therapy, injections, and even major surgeries to repair damaged areas or provide relieve from severe pain.  If your cervical spine is causing pain and keeping you from working, you should file a claim for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits.  Many of my clients are diagnosed with Cervical Spondylosis, Cervical Disc Degeneration, and Cervical Spinal Stenosis.  Appropriate objective testing such as MRI’s and x-rays can better show the degree of severity to this region.  My clients often complain of symptoms including, but not limited to: Severe pain Numbness and Tingling Difficulty Moving the Head in Different Directions Headaches Problems lifting and carrying amounts of weight It is important to have medical records to support this type of claim when you go to your Social Security disability hearing.  For example, physical therapy records can show how your injuries to the cervical spine affect your ability to perform a variety of movements or activities.  If you can show the Social Security Administration (SSA) or an Administrative Law Judge (ALJ) that you have exhausted all treatment options and that you are still disabled from a cervical impairment, you may find yourself with a favorable outcome and get the disability payments you deserve to support yourself and your family. It is important to remember to let the SSA know about all your impairments.  While you may have a severe cervical issue, other impairments like diabetes, asthma, depression, or any other severe impairment can also be considered in combination to find … Continued

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May 22, 2018

When Does Your Eligibility For Social Security Disability Insurance End?

Many of my clients ask questions about their eligibility for Social Security Disability Insurance (SSDI).  Like many other insurance programs, there is a date when your coverage expires, and you must prove to the provider (in this case, Social Security) that the claim occurred before the insurance has ended.  With SSDI, that date is based on your work history and can be in either the past or the future.  This is known as your Date Last Insured (DLI). Your DLI is established by working over a period of time. A general rule of thumb is that you must have worked at least 5 of the last 10 years (20 of the last 40 quarters) in order to have a DLI that has not yet expired.  You must be contributing to Social Security through FICA taxes during these quarters to be eligible.  The specific number of credits needed varies by your age.  If you would like to find out your DLI, you can contact Social Security directly. Many of my clients ask me why their DLI is important.  In my experience, cases are won or lost based on how much time has occurred since the DLI has expired.  A DLI in the past (known as a “remote” DLI) can make a claim difficult to win because the Social Security Administration (SSA) may only consider evidence of medical treatment prior to that date.  Even if your condition worsens after the DLI passes, Social Security may not find you disabled.  If you are diagnosed with a new condition after the DLI passes, Social Security will not consider it as part of your SSDI claim. Therefore, I recommend that anyone seeking Social Security Disability apply for benefits as soon as they believe they are unable to work due to medical conditions.  Too often, I’ve … Continued

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April 24, 2018

Are You Considering an Initial Application for Social Security Disability Benefits?

Starting an initial application for Social Security Disability benefits can be a daunting task.  First, you must determine which program or programs you may be eligible for.  Several different programs make up Social Security Disability.  The two main programs are Retirement Survivor Disability Insurance (RSDI or SSDI) benefits and Supplemental Security Income (SSI) benefits. Both programs are Social Security disability benefits, but you become eligible in different ways.  For RSDI, you are required to have enough work credits to be eligible.  If you have worked at least five of the last ten years and paid taxes on those earnings, you probably have the necessary work credits.  Your monthly benefit amount is based off your past earnings.  To be eligible for SSI benefits, you must have limited household income and resources.  Less common Social Security Disability benefits may come from Disabled Widow(er)’s Benefits or Disabled Child Benefits.  While you may be eligible for more than one program, Social Security will only award monthly benefits for the program that pays the highest amount. Next, you will need to decide how you would like to apply.  You can apply online on Social Security’s website, call Social Security at 1(800) 772-1213 to set up a phone appointment, or visit your local Social Security field office.  For SSI claims, you will need to talk to someone at your local Social Security office, either in person or by phone, to make sure you meet the resource requirements needed to apply. When applying for disability benefits, you should gather together some information that Social Security asks for in every claim.  This information includes: Places you have received medical treatment- Including date ranges, reasons for treatment, and contact information for the providers Places you have worked in the last 15 years- Including dates of employment, how much you … Continued

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