NOYES LEGAL NEWS

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!

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.

Social Security Disability Factors You Must Address Before Filing for SSD

Applying for Social Security Disability benefits is a difficult and time-consuming process. To understand why the application for SSD benefits asks so many questions, it is important to understand the process of determining whether a person is entitled to Social Security Disability benefits.

To decide whether a person is disabled for SSD purposes, the Social Security Administration uses a five-step process. Social Security needs to find out about past work to decide if the person can still do it. To make this decision, Social Security needs to know how you did your job and whether you learned skills on your job. A person is not disabled according to Social Security unless their illnesses, injuries or conditions prevent them from doing past work or adjusting to other work.

If Social Security finds that a person is able to do past work, but cannot get a job doing that work, SSD benefits will still be denied. In the disability process, Social Security evaluates the ability to do the physical and mental activities you were required to do in your past work and does not consider whether you could get a job doing this work. For example, Social Security does not consider whether you would be hired, whether a job opening exists, whether you would be required to move, or whether you want to do this work.

If a person has a medical condition(s) that affects the ability to work on a regular basis, but it is not as severe as any impairment described in the Listing of Impairments, Social Security will assess the person's “residual functional capacity” (RFC). This means they will look at all of the evidence and determine what the person can still do, despite any limitations caused by your impairment(s) and related symptoms, such as pain and fatigue. This is where proper medical documentation is so important.

Information about your education and training are also very important in the Social Security Disability process. If you cannot do your past work, Social Security will look at your age, education, training, and work experience to see if you can do other kinds of work. Social Security will consider how many years of school you have completed and whether you have completed any type of special job training, trade or vocational school when we assess your ability to adjust to other work. However, absence of formal education does not necessarily mean you are uneducated or limited in your ability to adjust to work.

Age also plays a role in determining whether you are entitled to Social Security Disability benefits. Social Security considers your chronological age in combination with your residual functional capacity, education, and work experience. In determining the extent to which age affects your ability to adjust to other work, Social Security considers advancing age to be an increasingly limiting factor in your ability to make an adjustment to other work.

If you are a younger person (under age 50), Social Security generally does not consider that your age will seriously affect your ability to adjust to other work. However, in some circumstances, persons aged 45-49 are more limited in their ability to adjust to other work than persons who have not attained age 45. If you are closely approaching advanced age (age 50-54), Social Security will consider that your age along with a severe impairment and limited work experience may seriously affect your ability to adjust to other work. Lastly, Social Security considers that at advanced age (age 55 or older) significantly affects a person's ability to adjust to other work.

So, as you can see, many factors play a role in determining whether a person is entitled to Social Security Disability benefits. It is important that someone applying for SSD benefits take all these factors into consideration and has an attorney who can help gather the pertinent documentation to get a favorable decision on a Social Security Disability claim.

To schedule a free case consultation with Attorney Matthew Noyes to see if he can assist you in your fight for Social Security Disability benefit, click here. The process for getting SSD is too complex to try to do it yourself. Attorney Matthew Noyes' law firm-Perenich, Caulfield, Avril & Noyes-has been caring for clients since 1955. We see you through.