The Social Security Administration (SSA) often initially denies disability claims. For some disabled workers, a denial on the first try is enough. They feel defeated and discouraged, and they abandon their attempt to get disability payments. [Read more…]
Evaluating Chronic Fatigue Syndrome
By Robert J. Osborne, Esq.
Chronic Fatigue Syndrome (CFS) has been characterized as a syndrome that causes prolonged fatigue lasting six months or more, resulting in a substantial reduction in previous levels of occupational, educational, social, or personal activities. CFS is a systemic disorder that may vary in frequency, duration, and severity. The distinguishing characteristic of CFS is the presence of clinically evaluated, persistent, or relapsing chronic fatigue that: [Read more…]
Workers’ Compensation Benefits Reduce Disability Insurance Benefits
By Robert J. Osborne, Esq.
Under the Social Security Act, the Social Security Administration can reduce your monthly disability insurance benefit if you are under age 65 and also entitled to workers’ compensation, due to a total or partial disability. [Read more…]
Major Dysfunction of a Joint and Social Security Disability Benefits
By Robert J. Osborne, Esq.
To meet the listing for a major dysfunction of a joint, a person must have a gross anatomical deformity, such as subluxation, contracture, bony or fibrous ankylosis, or instability. Additionally, a person must have chronic joint pain and stiffness with signs of limitation of motion or other abnormal motion of the affected joint(s). Further, the person must present findings on appropriate medically acceptable imaging of joint space narrowing, bony destruction, or ankylosis of the affected joint(s). [Read more…]
Evaluating Depression Under the Listings For Social Security Disability Benefits
By Robert J. Osborne, Esq.
The Listings include a category of impairments for affective disorders. Affective disorders must be characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome. Mood refers to a prolonged emotion that colors the whole psychic life; it generally involves either depression or elation. [Read more…]
Do Disorders of the Spine Qualify for Social Security Disability Benefits?
By Robert J. Osborne, Esq.
The listing of impairments include disorders of the spine. Disorders of the spine include herniated nucleus pulposus (herniated disc), spinal arachnoiditis (inflammation of the arachnoid, one of the membranes that surrounds and protects the nerves of the spinal cord), spinal stenosis (narrowing of the open spaces within your spine), osteoarthritis, degenerative disc disease, facet arthritis, and vertebral fracture. [Read more…]
Collecting Unemployment Insurance When Applying for Disability Benefits
By Robert J. Osborne Esq.
The receipt of unemployment insurance benefits does not preclude the receipt of Social Security disability benefits. The receipt of unemployment benefits is only one of many factors that the Social Security Administration must consider in determining whether a claimant is disabled. [Read more…]
Substantial Gainful Activity
By Robert J. Osborne, Esq.
The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. If you can engage in substantial gainful activity, the Social Security Administration will find that you are not disabled. The work that you have done, legal or illegal, during any period in which you believe you are disabled may show that you are able to work at the substantial gainful activity level. Even if the work you have done was not substantial gainful activity, it may show that you are able to do more work than you actually did. If you apply for Social Security Disability Benefits or Supplemental Security Income, the Social Security Administration will consider all of the medical and vocational evidence in your file to decide whether or not you have the ability to engage in substantial gainful activity. [Read more…]