From Black Chapman Petersen and Stevens Staff A seriously disabled person who files for Social Security Disability potentially faces a multitude of problems if the SSA denies their social security claim. If the SSA denies the claim, the person must appeal the case, which can take over a year to be heard by a judge. … Read more
By Former Rep. Charlie Melancon, (D-La.) – 05/29/12 11:41 AM ET “Cutting waste, fraud and abuse” is Washington D.C.’s most tired cliché. But it is also becoming perhaps its most dangerous. Elected officials across the political spectrum widely accept that the federal government needs to eliminate some of its bloated and redundant programs. Entitlement reform … Read more
I came across an article a few weeks ago related to poverty that caught my attention. In turn a reader wrote in a response to the editorial that brought up a point about whether stay at home moms should be eligible to “earn” credits within the SSD “bank”. Here are some of the highlights from … Read more
As the treating physician, your opinion is vital to your patient’s Social Security disability claim. In fact, it may have “controlling weight” in determining the outcome of the claim. Under a 1996 policy ruling (SSR [Social Security Ruling] 96-2p), a treating physician’s medical opinion which is well-supported and not inconsistent with other substantial evidence in … Read more
Comprehensive Reporting for Social Security Disability Evaluation Purposes “Major joint dysfunction” is disabling under the Social Security regulations, if certain criteria are met. (20 CFR Pt. 404, Subpt. P, App. 1, 1.02) Major joint dysfunction must be characterized by gross anatomical deformity (such as subluxation, contracture, bony or fibrous ankylosis, instability, etc.) and chronic joint … Read more
“Medical equivalence” and the effects of treatment and obesity may also result in Social Security disability. Two added spinal disorders were among the changes to the Social Security musculoskeletal disability “Listings” which became effective February 2002. Arachnoiditis and pseudoclaudication, as defined and discussed in the Listings at 20 Code of Federal Regulations (CFR), Part 404, … Read more
In recent issues, we have presented a series of articles setting out the specific medical criteria used to determine whether Social Security claimants with specific afflictions are disabled as a matter of law. What if your patient’s condition does not meet or equal the criteria of any of the Listings, but he or she simply … Read more
Fatigue and pain can be disabling. Many Hepatitis C patients seek Social Security disability benefits claiming fatigue and pain of disabling severity. Since fatigue and pain are largely subjective and generally not measurable by objective medical tests, this presents a challenge for those evaluating these claims – and for us as their legal representatives. Not … Read more
Persons who have been diagnosed with diabetes mellitus are considered disabled and entitled to Social Security disability benefits if they meet or equal. certain criteria in the “Listings.” A diabetic may be “disabled” as a matter of law, if he/she has any one of four conditions resulting from diabetes: Neuropathy which is demonstrated by significant … Read more
“Soft tissue injuries of an upper or lower extremity requiring a series of staged surgical procedures within 12 months after onset” are included among the disorders of the musculoskeletal system which are “disabling” as a matter of law under the Social Security Administration “Listings.” A patient with a soft tissue injury which interferes with the … Read more