The aches and pains you deal with on a daily basis because of rheumatoid arthritis make working difficult, to say the least. You sit at a desk and work on a computer, which means your back, knees, wrists, and knuckles are constantly punished, and although Pennsylvania has many different medical facilities that help patients manage rheumatoid arthritis—working is still painful.
You’ve decided to apply for Social Security, and they want to analyze your ability to work—whether you are able to continue the same work or do something else.
Social Security often looks at your previous employment history when determining if you can perform the same level of skills now that you did in the past. The Social Security Administration (SSA) will look at the:
The attorneys of Schmidt Kramer want to help take some of the burden off of your shoulders. Contact us today to learn how we may be able to help you with your application, and what you can do if you are denied.
We invite you to contact us today by calling us toll free at (717) 888-8888.
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If you have a documented drug dependence this can definitely add a layer of complication to your SSDI claim, but this does not necessarily mean you will not be able to receive benefits. Social Security isn’t going to see the drug use and automatically deny you because they understand drugs can play a variety of roles when it comes to a person’s disability.
First of all, if your only alleged disability is a drug or alcohol addiction, you will not be able to receive disability benefits. While an addiction can certainly disable someone, the Social Security Administration (SSA) does not grant SSDI benefits based solely on addiction.
If you do have another disability, in addition to a drug or alcohol dependence, the SSA will look at that disability first. In the event your disability is one that would be approved for benefits, the SSA will then look at your addiction and how it contributes to your disability. They’re going to ask themselves, “Would this person still be suffering from this disability if it were not for their addiction to drugs or alcohol?” If the answer is yes, then you should have no problem being approved.
If your drug or alcohol dependence directly caused your disability, the SSA is going to dig a little deeper into the situation. They are going to try and figure out if your disability would still exist if you beat your addiction; if the answer is no, then you will probably not be approved for benefits. If they determine that although your addiction caused your disability, stopping now would do nothing to fix things, they will usually approve the benefits.
Every SSDI case is different, so none of this information should be taken as professional legal advice. This is simply what could happen in certain situations involving SSDI benefits and drug or alcohol addictions.
If you know someone with a drug or alcohol dependence who is currently trying to apply for SSDI benefits, please share this article with them or contact a licensed SSD lawyer in Harrisburg at our law firm. Ph: (717) 888-8888.
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Only you know just how much pain you are experiencing because of your back ailment. Although the doctor has an idea based on your condition, you are the only person who actually feels it. The severity of pain plays a huge factor in how successful you are in your efforts to receive Social Security.
Since you are the only person who knows the amount of pain you feel, Social Security bases a lot of its decision on your credibility. Along with the medical documents and diagnostics you turn in—such as X-ray or MRI results—your case examiner will also take your word and credibility into consideration when deciding if you qualify to receive benefits. Social Security typically uses some of the following factors to evaluate your credibility.
Unfortunately, Social Security decisions are not always fair. The legal team of Schmidt Kramer wants to help you attempt to receive the benefits you need. Contact us today to speak with a Social Security Disability attorney about your situation.
If you know someone who is experiencing back pain and is interested in collecting Social Security, we encourage you to share this information with him or her!
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Diabetes, both Type 1 and Type 2, can wreak havoc on a person’s life, even from a young age. When your cells become dependent on or resistant to insulin, your blood sugar levels can go haywire. When left untreated diabetes can cause vision loss, skin problems, and nerve problems in many patients, and can often severely limit a person’s ability to work.
If you have successfully managed your symptoms with medication, the Social Security Administration will not consider your condition disabling. As we mentioned earlier, however, uncontrolled diabetes can lead to very serious side effects that could be considered disabling. These side effects could include:
Your disability claims examiner will review your work history, job skills, training, age, and Residual Functional Capacity (RFC) to determine if you can engage in any form of work.
Much of your case rests on medical evidence, and therefore enlisting the expertise of a specialist (rather than your primary care physician) can help strengthen your application for disability benefits. Also important is to continue properly managing your diabetes through medication, diet, and lifestyle changes.
An attorney can also help if your claim is denied by representing you in the appeals process. For more information about how a Harrisburg Social Security lawyer can assist with your case, contact us today for a free consultation!
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With the time it can take the Social Security Administration to evaluate your case, it may feel like they are not following any type of logical process behind the scenes as they work through your claim. However, you may be happy to know that they are actually following what’s called the five step sequential evaluation. For each claimant they evaluate, they follow the same five steps.
Not every person makes it through the full five steps. If, in evaluating your claim, they get to a certain step and determine you are not eligible, they will stop there and deny your claim. The goal is to make it all the way through the five steps so you receive full disability benefits.
Here are the questions the SSA asks at each of the five steps:
Many people find it extremely helpful to work through the application and/or denial process with an experienced Social Security attorney. Harrisburg lawyers at Schmidt Kramer are well-versed in Social Security Disability law and can help you get the benefits you need. Call today for a free consultation at (717) 888-8888.
Social Security Disability is a government program that provides financial benefits for those disabled due to a serious illness or injury. The application and approval process can take months. However, the Social Security Administration has put in place a special process to expedite processing for military service personnel disabled while on active military service on or after October 1, 2001.
Military service personnel in the U.S. Army, Navy, Air Force, Marine Corps or Coast Guard are eligible for the expedited processing. They must still meet all of the eligibility requirements for the program.
When military personnel apply for Social Security Disability, they must do the following in order to receive expedited application processing:
Social Security Disability applications for military personnel receive special handling, tracking and monitoring to ensure they are processed quickly. Although processing may be expedited, many military Social Security Disability claims are denied. The appeals process is long and complicated. Statistics show that individuals who have a Social Security Disability attorney have a better chance of winning their case.
Have you been disabled due to a serious illness or injury sustained while on active military duty? If the Social Security Administration has denied your disability benefit application, contact us today. One of our Carlisle Social Security Disability lawyers at Schmidt Kramer will give you a free consultation. Call us at (717) 888-8888.
You may not need to hire a lawyer.
Social Security Disability Insurance (SSDI) was originally designed to have a simple application process. When the disability component was added to Social Security’s old age and survivors’ benefit programs in 1954, the idea was that some workers might find themselves forced into early retirement. Rather than let these workers (and their dependents) suffer in poverty, SSDI would give them a modest income until regular Social Security kicked it at the normal retirement age.
The rules got tougher. Over the years, politicians made the application process harder because they thought voters would blame them for giving out money to people who weren’t working. It’s now estimated that over two-thirds of all new SSDI applications are rejected.
Still, it’s entirely possible for you to apply successfully for federal disability benefits without contacting a Harrisburg Social Security Disability lawyer. You just fill out the required forms online or at your local Social Security office, submit any requested documentation, and wait four or five months until you’re notified whether your request is approved.
But let’s talk frankly here. Sure, you can apply all by yourself. It’s also possible that you can fill out your annual tax return by yourself every spring, rather than go to a tax preparation specialist—but most people panic at the idea. Applying for Social Security disability benefits is just about as difficult as filling in long-form taxes, but the stakes are much higher: after all, this is your income and financial future at risk. You can’t afford to get it wrong.
If you’re absolutely confident you can handle this on your own, that’s great. Most people feel relief when they can call on someone with experience to help them navigate the application process.
Many of our clients decide to hire a Pennsylvania Social Security attorney after their initial application is rejected. You have the right to appeal an unfavorable decision about your application. In fact, there are multiple levels of appeals available, and each of these has the power to reverse previous decisions denying you benefits. Unfortunately, at each step of the appeals process, it becomes harder to win. Few appeals succeed without an attorney’s help, so even though you have the legal right to handle your own appeal if you choose, it’s probably best to contact an SSDI lawyer in Harrisburg as early as possible.
At Schmidt Kramer, our experienced Harrisburg disability attorneys strive to secure full and fair benefits that our clients deserve. We’re here to help you, whether you need a legal advocate or just need a few questions answered.
Call us at 717-888-8888 or (717) 888-8888 toll-free to sign up to receive our FREE newsletter or to schedule a confidential consultation about your disability case.
One of the greatest challenges facing the next generation, as well as this current generation, is the Social Security system. People with career-ending or work-preventing disabilities wait in a seemingly endless line to receive funds that may or may not be sufficient to support an individual or family. As the system becomes more and more backlogged, the amount of time that many applicants wait to receive benefits grows steadily.
A big problem with the long wait time to receive Social Security Disability (SSDI) benefits is that these individuals, who are unable to work and earn a living due to their disability, may have little to no income supporting their household. Once their short-term disability payments or workers’ compensation award ends, they will rely solely on their SSDI benefits to sustain themselves—but the longer the benefits take to be awarded, the longer these applicants are forced to go with no income.
Because of these deficiencies in the system, it is possible for applicants to receive benefits that are past due, which are also known as back pay. The time frame that they may be awarded back pay for is varied, but will often be paid back to the original date of application. This payment is awarded in a single lump sum, which can often help these applicants get back on track financially after their long wait.
Your back-pay calculation will depend on three things: the date your disability began, the date you applied for SSDI benefits, and the five-month waiting period associated with SSDI benefits.
The date your disability began is probably the most influential factor in your back-pay case. When you applied for SSDI benefits, you were asked to provide the date your disability began. When you are approved for benefits, you will be given an established onset date (EOD) based on your medical records, doctor’s statements, and other evidence. Since many people wait several months between their disability onset and applying for benefits, these months may also be taken into consideration.
Another factor that is considered is the date that you actually applied to receive disability benefits. Whether you filed for SSDI right away or waited for a year after becoming disabled to apply, you may be able to receive back pay not only from your application date, but also up to 12 months before your application date depending on your EOD.
Finally, your claim examiner or administrative law judge will apply a five-month waiting period to the date of your EOD. This is because you are not entitled to disability benefits for the first five months of your disability. This means that if your EOD was determined to be 15 months prior to being awarded benefits, you should receive 10 months of back pay.
While the SSDI system is admittedly flawed, the availability of back pay can help make it right for the people who are affected by system inefficiencies. If you have waited too long to receive your benefits, let the Lancaster disability attorneys at Schmidt Kramer help you get what is rightfully yours—contact us today to schedule your free consultation.
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There are a couple different ways that you can determine whether your illness or injury could qualify you for Social Security Disability benefits. You can either look through a list of specific qualifying illnesses or determine how your particular illness has affected your ability to work. Either route may help you determine if your illness is—or isn’t—eligible for benefits.
Your first step of action should be to check out the Social Security Administration’s list of automatically disabling conditions. This will be your starting point in determining whether your illness is likely to fit in with one of the illnesses most commonly granted disability benefits. It may help to have a medical professional reading the stipulations of each illness with you.
The second way to help determine whether you are eligible for disability benefits is to look at the employment aspect. In short, any injury or illness that leaves you unable to perform any work for at least one year may make you eligible for disability benefits. Of course, proving that your condition meets the criteria is not always easy.
Your best bet, however, is to call an attorney. A Harrisburg personal injury attorney who has experience working within the Social Security Disability system will be better equipped to help you determine whether your injury or illness should qualify you for benefits. Because more than half of all applicants are initially denied, it pays to seek help from somebody who understands the inner workings of Social Security Disability. Call us today for a free consultation at (717) 888-8888.
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Usually yes, but there are some exceptions.
You can select a representative to conduct business with the Social Security Administration (SSA) on your behalf. A representative can be helpful if you have a mental or physical condition that limits your ability to deal with the case on your own. Your chosen representative will be able to act in your place in a number of ways. For example, he can:
Selecting a representative is done on an individual basis: you choose a person, not an organization. Even if your chosen representative is a member of a law firm, you can’t designate the law firm as your representative, but you can choose one or more Social Security Disability attorneys from that firm to represent you.
As soon as you select an official representative, you must notify the SSA; there is an official form for appointing a representative that can be filed online or at your nearest Social Security office. The caseworkers at Social Security will examine the credentials of the person you have chosen. Of course, there must be no law forbidding the person you have chosen from acting as a representative. Other regulations that apply for your choice depend on the person you have selected:
Mostly, it has to do with money. The Social Security Administration has fairly strict limits on what a representative may charge someone for his services. If the person you want as your representative overcharged a client in the past, collected a fee without getting prior SSA approval, or didn’t follow any other of the fee regulations, the Social Security Administration may disqualify him from representing other people. This ban may last a few years, or it may be a lifetime disqualification.
No, not quite. You also have to make sure the person you have chosen agrees to represent you.
Consider our law firm, Schmidt Kramer. We take pride that our Social Security attorneys are very capable, highly organized, and efficient: but sometimes they reach the limit of cases they can handle at any one time. We cannot help everyone who asks for our assistance, even though we try to help as many people as possible. Sometimes, taking on even one more case would mean neglecting our obligations to other clients—and that is something we cannot ethically allow.
In addition, occasionally someone will ask for help in obtaining Social Security disability benefits, and our best professional judgment may be that she doesn’t have a valid claim under Social Security rules. Perhaps we think that her work history isn’t long enough, or recent enough; perhaps her condition isn’t really “disabling” (as the SSA defines the term) or isn’t likely to last a year or more. If we don’t think the claim is valid, we will probably decline to accept the case.
If you come to us and we are unable to take your Social Security disability case for whatever reason, we will try our best to give you a referral to another reputable law firm that may be able to take your case.
Still looking for help? Do you need additional questions answered? Continue to browse this website or contact our Pennsylvania ssdi attorneys by calling 717-888-8888 locally or (717) 888-8888 toll-free. We always offer new clients a free, confidential case review; call us today to schedule your consultation.
Contact Schmidt Kramer by calling (717) 888-8888 or fill out our FREE Case Evaluation Form