NOYES LEGAL NEWS

Social Security Disability Benefits for ALS

May is National ALS Awareness Month. Amyotrophic lateral sclerosis, more commonly referred to as Lou Gehrig’s disease, is a progressive neurodegenerative disease that attacks nerve cells and pathways in the brain and spinal cord. More than 5,600 people each year are newly diagnosed with ALS.

Living with ALS impacts both the patient and his or her family. However, Social Security Disability benefits should be available. People who have ALS meet the medical qualifications for Social Security disability benefits because ALS is one of Social Security’s “Compassionate Allowances.” A Compassionate Allowances condition is one that the applicant’s disease or condition clearly meets the statutory standard for disability. The agency can quickly identify potential Compassionate Allowances and then quickly make decisions and begin monthly benefit payments. In essence, it speeds up the approval of your Social Security Disability (SSDI) claim.

Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions. There are now more than 100 Compassionate Allowances conditions. The complete list of Compassionate Allowances conditions can be found at www.socialsecurity.gov/compassionateallowances.

If you or a loved one is battling a disability that prevents them from being able to work, you should consult with a Social Security Disability attorney who can explain your rights and responsibilities. Don't battle the Social Security Administration alone. For a free consultation regarding your Social Security Disability (SSD) claim with Attorney Matthew Noyes, call 727-796-8282 or simply click here to schedule a free assessment of your claim.

Social Security Disability Benefits and Trial Work Periods - Count Your Months!

Collecting social security disability (SSD) benefits does not mean that you can never attempt to work again, and we know that working rather than receiving SSDI benefits is a far better choice for a multitude of reasons; financial, emotional, physical, etc. The Social Security Administration has several programs under which a beneficiary receiving Social Security Disability benefits may test his or her ability to work. This article will address one such program; the Trial Work Period (TWP). However, it is important to note that you are eligible for a Trial Work Period only after your five month waiting period or “date of entitlement.”

Under Social Security’s guidelines, the trial work period allows you to test your ability to work for at least nine months. During your trial work period, you will receive your full Social Security benefits regardless of how much you are earning as long as you report your work activity and you continue to have a disabling impairment. In 2012, a trial work month is any month in which your total earnings are over $720, or if you are self-employed, you earn more than $720 (after expenses) or work more than 80 hours in your own business. The trial work period continues until you have worked nine months within a 60-month period.

If your wages are under $720.00 per month, your benefit would not be affected and the month would not be counted in the nine month TWP. If your wages are over $720.00 per month, however, your benefits will still continue at the current rate but the month would be counted as part of the nine month TWP. For example, if you work every other month and earn $1,500.00 each month you work, you will use up all nine trial work months after eighteen months. Your benefits will continue if you stop working at that point or if you continue working but reduce your income to stay under the SGA guideline of $1,100.00.

As explained in last month’s blog article, the Social Security Administration considers monthly wages over $1,100.00 per month as substantial gainful activity (SGA). As long as you stay under the SGA amount, regardless of how many months you continue to work, your benefit will not end.

If you are receiving Medicare benefits when you begin the TWP, you will continue to receive that benefit without any lapse in coverage while you attempt to work. Please remember that it is always mandatory to report all work attempts to the Social Security Administration and although you have nine months to use up your TWP, they do not have to be consecutive but may be performed in a rolling 60-month period.

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Don't fight the Social Security Administration alone. If you or someone you know has been out of work or will likely be out of work for one year because of a disability, contact Attorney Matthew Noyes for a free case consultation. Attorney Noyes' law firm -- Perenich, Caulfield, Avril & Noyes -- has been caring for clients since 1955. Contact them today!

 

Working While Receiving Social Security Disability Benefits – Is it Possible?

Earning Social Security Disability benefits while working--it is often asked, “Can I work and still receive SSD benefits?” The answer to that question depends on multiple factors but once you understand the guidelines, the answer is quite clear.

To be eligible for Social Security Disability benefits, a person must be unable to engage in what is called substantial gainful activity or SGA because of a medically determinable physical or mental impairment. By Social Security’s definition, substantial gainful activity means work that (a) involves doing significant and productive physical or mental duties; and (b) is done (or intended) for pay or profit. Activities involving self-care, household tasks, unpaid training, hobbies, therapy, school attendance, clubs, social programs, etc., are not generally considered to be SGA.

The amount of monthly earnings considered as SGA for non-blind individuals for 2012 is $1,010.00 per month. In the case of a pending claim (disability application), you can work as long as your earnings do not exceed the earnings threshold for the SGA limit of $1,010.00 per month. If your gross monthly earnings exceed this amount, your claim will be denied because it is the Social Security Administration’s position that if you can make over $1,010.00 per month, you are not functionally limited enough to be considered disabled. The same applies to those who are already receiving Title II benefits or straight social security disability insurance; however, SSA also offers recipients the opportunity to try working for more money without necessarily giving up their benefits altogether.

The Social Security Administration has developed what is called a trial work period or TWP. The TWP allows you to test your ability to work for a full 9 months - those months do not need to be consecutive and can occur any time within a 36 month period. During your TWP, you will receive full SSDI benefits regardless of how high your earnings might be as long as you report your work activity and you have a disabling impairment. (Stay tuned for our next blog article regarding the TWP)
 
Now bear in mind that SSA manages two programs that provide benefits based on disability; SSDI (social security disability insurance) which is based on your earnings, and SSI (Supplemental Security Income) which is based on limited income and resources and not your work history. If you are receiving straight SSI benefits, what you receive in monthly benefits may be reduced by a certain amount based on how much you are earning. Therefore, if you are making close to the SGA amount of $1,010.00, your monthly benefit check will be significantly reduced. 

One of the most important things to remember when receiving or applying for social security disability benefits and attempting to work is to keep the social security office or your disability representative up to date on any work activity; whether it is substantial or not. Being surprised at the hearing is never good.

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If you need help with your Social Security Disability claim, contact Attorney Matthew Noyes. Attorney Matthew Noyes and his staff have been able to secure SSD benefits for those who have been denied. Click here to schedule a free case consultation.

 

 

Tips on Speeding Up Your Social Security Disaiblity (SSD) Application

Anyone who has applied for Social Security Disability (SSD) knows how slow the process is. Studies have shown that about two-thirds of Social Security disability requests are initially rejected. If you're turned down, you can request that your case be reconsidered, but few decisions are reversed at that level so you must request a hearing before an administrative law judge. At the hearing stage, nearly two-thirds of applications are then approved.

Unfortunately, there is no way to guarantee that your application for Social Security Disability Benefits gets approved faster. However, there are some things that can be done:

1. Request a hearing for "Compassionate Allowances"- Some dire and very serious conditions, such as certain types of cancer, early onset Alzheimer's disease and dozens of others, receive almost immediate approval for Social Security disability benefits. The list of conditions that qualify for "Compassionate Allowances" can be found on the SSA website.

2. Have your documents in order - When you're first applying for disability benefits, describe your medical condition, medical treatment, restrictions and limitations in great detail. Be sure to include all your conditions, even if they seem irrelevant to the case. A back injury could also cause mental health issues, irritability or other conditions. By listing them all together, it may help to argue you are disabled.  Too often, people apply for SSD without sufficient medical documentation. Although the Social Security Administration can request the medical records, it's often more efficient if you gather the documentation.

3. Don't drag your feet - Once you file an application for Social Security disability benefits, there's no time to drag feet. If you're asked to submit more paperwork, do it as soon as possible. If you're asked by the SSA to have a consultation done with another physician, do so immediately.  Don't give Social Security Administration an excuse for the delay because they are waiting on something from you.

4. Hire an attorney the minute you are denied - Too many people come to me for advice on Social Security Disability benefits weeks or months after they have been denied. That is a mistake.  Hire an attorney as soon as you receive a denial because you have only 60 days to appeal.

These four steps could shed days, weeks or even months off of your application for Social Security Disability benefits.  Every day that is shed is one day closer to you getting your Social Security Disability benefits.  Don't delay; contact Attorney Matthew Noyes today for a free case consultation on your entitlement to Social Security Disability benefits. His Tampa Bay law office - Perenich, Caulfield, Avril & Noyes - has been caring for clients since 1955.

What Social Security Can Do For You and Your Family

Social Security and Social Security Disability (SSD) is the answer to all the questions, but it can be very helpful to you and your family. Many people don't understand that contributing about $3,500 over years can result in numerous benefits. A very good article on FoxBusiness.com highlights the following 10 benefits that Social Security can provide:

1) A retirement income for you starting as early as age 62;

2) A retirement income for your spouse, as early as her age 62, even if he/she has never had earned income;

3) A full medical system at age 65 (Medicare) for the remainder of your life;

4) A full medical system for your spouse at age 65, even if he/she has never had earned income;

5) Disability benefits for you in the event of injury today;

6) Disability benefits for your spouse even if he/she has never paid into the system;

7) Dependent benefits for your disabled, minor, or dependent children, even after your death;

8) Dependent benefits for your dependent parents;

9) Child care benefit for your spouse to care for any children at home under age 16 in the event of your death, disability, or drawing of retirement benefit;

10) Death benefit for your widow.

If you have questions about your eligibility for Social Security benefits, click here to schedule a free case consultation with Attorney Matthew Noyes. Attorney Noyes and his staff can assist you in getting the Social Security Disability (SSD) benefits you are entitled to. Contact them today!

No More Yearly Social Security Statements?

The Social Security statement that I got in the mail last week--you know, the paper that tells you what you'd get if you retired at 62, at 66, at 70 or how you get if you become disabled — may be the last one I get. No, not because I am disabled or retiring, but because the Social Security Administration is working to provide the statements online by the end of the year. Some advocates for older Americans say an online option is insufficient, especially for people who may not have computer skills or access to computers.

The statements have been mailed out since the 1980s cost $70 million a year to mail, according to the Social Security Administration Commissioner. They include a history of taxable earnings for each year — so people can check for mistakes — as well as the total amount of Social Security and Medicare taxes paid over the lifetime of the worker. The statements provide estimates of monthly benefits, based on current earnings and when a worker plans to retire. Workers can claim early retirement benefits starting at age 62. Full benefits are available at age 66, a threshold that is gradually increasing to 67 for people born in 1960 or later.

Claims for Social Security Retirement and Social Security Disability benefits are up significantly since the nation's economy soured in 2008. About 2.7 million people applied for retirement benefits last year, a 17 percent increase from 2008, according to agency statistics. About 3.2 million people applied for Social Security Disability benefits last year, a 23 percent increase. But, remember, just because they apply does not mean that they will receive Social Security Disability benefits. Often times, the services of an attorney are needed in order to secure SSD benefits.

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Attorney Matthew Noyes assists those applying for Social Security Disability benefits. It is a long battle against the Social Security Administration, and you shouldn't try to do it alone. Click here for a free case consultation with Attorney Matthew Noyes.

 

New Study Supports Chiropractic Care for Lower Back Pain

 
Lower back pain is the fifth most common reason that people go to the doctor. Studies have suggested that half of working Americans suffer from back pain each year. According to a 2006 Centers for Disease Control and Prevention report, an estimated 25 percent of American adults reported that they suffered from back pain for at least a day within the last three months. 

According to MedicalNewsToday, a new review of existing research finds that spinal manipulation--the kind of hands-on regimen that a chiropractor might perform on you--is as helpful as other common treatments like painkillers.

The article notes that patients with back pain frequently turn to painkillers, which can cause side effects and be addictive, or to physical therapy, which is time-consuming and expensive. The new review looks at a third option spinal manipulation.

"The effectiveness of this therapy has long been controversial," the study states. "Some proponents are slowly starting to view it as effective for chronic low-back pain. The results of this review will support that view." The researchers found that spinal manipulation worked about as well as the other treatments. It appears to work well in particular for certain kinds of patients, Rubinstein said, including those with restricted movement in the back, those without psychological issues, and those without symptoms below the knee related to the sciatic nerve.

The findings appear in the latest issue of The Cochrane Library. The journal is a publication of The Cochrane Collaboration, an international organization that evaluates medical research. Systematic reviews draw evidence-based conclusions about medical practice after considering both the content and quality of existing medical trials on a topic.

If you are suffering from lower back pain and don't want to have to rely on medication with possible side effects, talk to a reputable chiropractor to see if chiropractic care can help. Although I have never treated with a chiropractor, my wife and daughter (and hundreds of my clients) swear by them.

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Personal Injury Attorney Matthew Noyes represents those injured by car accidents, motorcycle accidents, bicycle accidents, workers' compensation, and other negligence claims. He also represents those applying for Social Security Disability claims because of low back pain or other disabilities. His Tampa Bay personal injury law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. Benefit from their experience! For a free case consultation after your automobile accident, work comp injury, SSD claim or other personal injury matter, click here to contact Attorney Matthew Noyes.

What Conditions Can Qualify A Person for Social Security Disability?

Social Security Disability benefits are no one's "fix-all" if they are suffering from a physical or mental disability. However, SSD benefits may help the disabled person and his or her family battle the stresses associated with a disability and could result in getting necessary medical care under Medicare.

But who is entitled to receive Social Security Disability benefits? To be eligible for Social Security Disability (SSDI) benefits, a person must have an impairment, either medical, psychological, or psychiatric in nature and that impairment must be severe enough that it prevents a disabled individual from working, or, if they continue to work, prevents the person from earning substantial money. Lastly, the impairment must last at least twelve calendar months, or be projected to last that long.

Some conditions that may qualify for SSD benefits (as long as the other prongs of the test are met) include:

• Musculoskeletal problems including fractures, poorly healed bone breaks, soft tissue injuries, spinal arachnoiditis, arthritis, osteoarthrtis, rheumatoid arthritis, hip, neck, shoulder, ankle, wrist, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, scoliosis, carpal tunnel syndrome, plantar fasciitis, carpal tunnel syndrome, low back pain, RSI or repetitive stress injury.
• Conditions for which the etiology is unclear such as fibromyalgia, chronic pain, chronic fatigue
• Mental conditions, mental illness, and mental disorders including borderline intellectual functioning, low IQ, mental retardation, learning disability, personality disorder, schizo-affective disorder, schizophrenia, somatoform disorder, autism, asperger's syndrome, down syndrome, obsessive compulsive disorder (OCD), memory loss, nerves
• Endocrine related problems including diabetes (type I diabetes, type II diabetes), diabetic peripheral neuropathy, diabetic retinopathy, diabetes related kidney nephropathy, thyroid problems including hypothyroid disorder, hyperthyroid disorder.
• Autoimmune disorders including MS (multiple sclerosis), autoimmune hepatitis, type I diabetes (an autoimmune condition), ankylosing spondylosis, coeliac disease, endometriosis, Addison’s disease, grave's disease, narcolepsy, lupus, interstitial cystitis, sjogren's syndrome, vasculitis, vitiligo, wegner's granulomatosis, polymyositis, Hashimoto's thyroiditis.
• Cardiovascular related conditions such as heart attack (heart attacks are gauged according to how they resolve three months post), arrhythmia (including tachycardia, bradycardia and murmur), ischemic coronary artery disease, congestive heart failure (termed by social security as "chronic" heart failure), cardio hypertrophy (enlargement of the heart), cardiomyopathy, heart valve disease, congenital heart defect, blocked artery, cyanosis, syncope, peripheral artery disease (a.k.a peripheral vascular disease), chest pain (angina), cardiovascular disease related to high blood pressure, chronic venous insufficiency, aortic aneurysm (possibly involving renal kidney failure)
• Neurological conditions such as stroke, coordination, strength, and speech deficits resulting from strokes, epilepsy a.k.a. seizure disorder (including petite mal seizures and grand mal seizures), Lyme disease, TBI or traumatic brain injury, brain tumor, cerebral palsy, Parkinson’s disease, ALS (amyotrophic lateral sclerosis or Lou Gehrig's disease), myasthenia gravis, muscular dystrophy, cerebral trauma (head injury), migraines, cluster headaches.
• Digestive system impairments including Wilson’s disease, GERD (gastro esophageal reflux disease), peptic ulcer, esophageal varices, ascites, ulcerative colitis, regional enteritis, hepatitis A, hepatitis B, hepatitis C, liver disease, pancreatitis, crohn's disease.
• Genito-urinary impairments such as kidney disease, kidney problems, dialysis, kidney transplant, nephritic syndrome, ESRD or end stage renal disease
• Mood related disorders including bipolar disorder (previously known as manic depression and termed by the social security administration as bipolar syndrome, a subset of mood disorders) and depression in all its various forms, such as mild depression, major depression, and dysthymia.
• Anxiety related disorders including PTSD (post traumatic stress disorder), generalized anxiety disorder, agoraphobia, and panic attacks.
• Vision related problems such as low vision, poor peripheral vision (contraction of peripheral fields), decreased visual acuity, macular degeneration, statutory blindness, loss of visual efficiency, and diabetic retinopathy.
• Hearing and speech impairments including hearing not restorable by a hearing aid, inner ear problems (vertigo, Meniere’s disease), and loss of speech.
• Respiratory impairments including COPD, emphysema, asthma and asthma attacks, bronchitis, pneumothorax, pulmonary hypertension, pulmonary fibrosis, pulmonary vasculitis, cystic fibrosis, sleep apnea, cor pulmonale, pneumoconiosis, bronchiectasis, pneumonia, sarcoidosis
• Hemic and lymphatic problems including lymphedema, chronic anemia, sickle cell disease, polycythemia, lymphoma, leukemia, multiple myeloma, aplastic anemia
• Skin disorders such as exfoliative dermatitis, hidradentitis supparativa, psoriasis, exema, and pemphigus
• HIV and AIDS
• Neoplastic disorders such as cancer of the throat, cancer of the larynx, pancreatic cancer, breast cancer, liver cancer, skin cancer, cancer of the thyroid, Hodgkin’s disease, sarcoma, malignant melanoma, lung cancer, cancer of the stomach or esophagus, prostate cancer, intestinal cancer, bladder cancer, ovarian cancer, testicular and uterine cancer.

If you or a loved one is battling any of the above-listed conditions and that condition is preventing you from working, you should consult with a Social Security attorney to further understand your rights. For a free case consultation with Attorney Matthew Noyes, simply click here. Attorney Noyes' Tampa Bay law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. Call or email us today.

New Study on Fibromyalgia Promotes Activity

Fibromyalgia can be debilitating no matter how old you are. One way to combat the pain and disability associated with fibromyalgia in adolescents is physical activity, according to findings of a multicenter study published in The Journal of Pain, published by the American Pain Society.

Results from the study led by the researchers at Cincinnati Children's Hospital showed that adolescents with juvenile primary fibromyalgia syndrome (JPFS) did not engage in physical activities and aerobic exercise at levels recommended by their physicians. Just 23 percent of the subjects participated in 30 minutes of daily moderate-to-vigorous physical exercise, and only one adolescent engaged in 60 minutes of exercise every day.

The study also showed that the inactive group had higher levels of depressive symptoms and functional disability. However, in the small number of JPFS patients who maintained very high levels of physical exercise, the reported pain levels were lower than the inactive group, perhaps due to exercising, and their parents reported they had lower depressive symptoms and disability than inactive subjects.

Fibromyalgia is a life-changing disease. However, most people will tell those inflicted with fibromyalgia to make sure that their fibromyalgia doesn't become a life-controlling disease.

If you or a loved one are suffering from fibromyalgia and cannot work because of the disease, new changes in the way the Social Security Administration views fibromyalgia may make it easier to receive social security disability benefits for those suffering from fibromyalgia. For answers to questions about your entitlement to social security disability benefits (SSD), click here to schedule a free case consultation with Attorney Matthew Noyes.

Attorney Noyes' law firm--Perenich, Caulfield, Avril & Noyes--has been caring for clients since 1955. We See You Through.

Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI)--What's the Difference?

When disability strikes, a person's family and friends need to understand what benefits may be available for their family or friend. Two types of Social Security benefits may be available--Social Security Disability Insurance or Supplemental Security Income. Which is which?

Social Security Disability Insurance (SSDI), which is based on prior work under Social Security. Social Security Disability Insurance (SSDI) is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for Social Security Disability benefits, the worker must earn sufficient credits based on taxable work to be "insured" for Social Security purposes. Disability benefits are payable to blind or disabled workers, widow(er)s, or adults disabled since childhood, who are otherwise eligible. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.

In contrast, Supplemental Security Income (SSI) is paid based on financial need. Supplemental Security Income (SSI) disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources. Work credits are not a requirement for SSI benefits. However, many applicants are denied SSI because of the income and resources in their household.

If you or a loved one is unable to work because of a disability, contact Attorney Matthew Noyes to discuss your rights to Social Security Disability benefits. With offices throughout Tampa Bay, Attorney Noyes and his staff can make the free consultation convenient for you. Click here to schedule a free consultation to discuss your entitlement to Social Security Disability Insurance or Supplementary Security Income.

We See You Through.