When your Social Security disability (SSD) benefits were approved, you probably breathed a big sigh of relief. Many people who are approved for SSD continue to receive those benefits until they reach full retirement age. Then, they are transitioned to Social Security retirement benefits. The amount of benefits stays the same, so many people don’t even notice that change. But in some situations, SSD benefits are terminated or suspended before the recipient reaches retirement age.
Why Can SSD Benefits Be Terminated?
The biggest reason SSD benefits terminate–other than the transition to retirement benefits–is that the Social Security Administration (SSA) no longer considers you disabled. This typically happens in one of two ways:
Your Medical Condition Improves
You don’t have to be permanently disabled to receive SSD benefits. In fact, people often receive SSD benefits for conditions that are unlikely to be permanent. For example, a person might get SSD benefits because they are disabled by cancer, but go through treatment and improve enough to return to work. Similarly, disability due to an injury might last longer than the minimum required 12 months, but not be permanent. And, medical solutions are always improving, so a condition that wasn’t treatable when you were approved for SSD may become more manageable, or even curable.
Part of the SSA’s definition of “disabled” is that you are unable to engage in substantial gainful activity (SGA). If your earnings from work exceed a certain threshold while you’re on SSD, it will trigger a trial work period. If you exceed that amount in nine out of 60 months, the SSA will start to transition you away from SSD benefits.
Other Reasons You Could Lose SSD Benefits
There are also reasons you could lose SSD benefits for as long as certain circumstances exist. For example, if you move to a country where the SSA can’t pay benefits, you could lose benefits for as long as you are in that country. If you’re in jail or prison for more than 30 days, your SSD benefits will be suspended. However, you can request reinstatement when you are released.
A Disability Benefits Advocate Can Help
This is just one of the many aspects of SSD that can be complicated and confusing. Whether you are just applying for SSD, have been denied and want to appeal, or believe your benefits have been wrongfully terminated, Disability Help Group can be your best resource. To learn more, call us at 800-800-3332 or fill out our contact form here.
Social Security’s union employees secure a telework deal through 2029
Written by: Scott Layden, DHG Senior Disability Advocate
Outgoing Social Security Commissioner Martin O’Malley negotiated an updated contract with Social Security employees who are members of the American Federation of Government Employees (AFGE).
What Does This Mean For Union Employees
The updated contract secures the current telework policy (work from home) for nearly 42,000 of the 60,000 employees of the Social Security Administration through 2029. Depending on their job, Social Security workers have to report to the office between 2 and 5 days a week.
Incoming President Donald Trump’s Department of Government Efficiency (DOGE) had vowed to end telework entirely for government employees, which could have resulted in thousands of Social Security employees leaving their jobs. “This deal will secure not just telework for SSA employees, but will secure staffing levels through prevention of higher attrition, which in turn will secure the ability of the Agency to serve the public,” AFGE chapter president Rich Couture told Bloomberg.
Written by: Scott Layden, DHG Senior Disability Advocate
ADVOCATE SPOTLIGHT: Putting Your Medical Providers To Work For You
Written by: Jennifer HC Walker, DHG Senior Disability Advocate
Welcome to the Advocate Spotlight. My name is Jennifer HC Walker. I am a licensed attorney in both Florida and New Jersey and I have been helping clients get their Social Security disability benefits since 2001. Over the last 23 years, I have appeared in front of Judges all over the country at thousands of hearings and my expertise includes developing and presenting disability claims to Social Security at every level of the process.
I have found that the opinion of a treating doctor (or nurse practitioner) helps create a good foundation for social security to find you disabled.
How To Maximize the Support of Your Medical Providers
You may think your doctor “knows” that you are not able to work or that you have certain limitations, but I always recommend that you speak to them directly about this. If they are supportive that you cannot work because of your conditions and are willing to back up their treatment notes with that opinion, in many cases, that will boost the strength of your disability claim.
Documentation Is Key In A Strong SSD Claim
Disability Help Group has created forms for your doctors to complete which will ask them to explain how your medical conditions affect your ability to do work-related activities such as sitting, standing, walking and lifting. This form is called the “Medical Source Statement” or “Residual Functional Capacity Assessment”; we also sometimes refer to it as an “RFC”. There are separate forms to address physical and mental conditions. The mental form is called the “Mental Capacity Assessment” or “MCA”.
In deciding your case, Social Security reviews the notes from your doctor visits and hospitalizations and the medical source statement form can pull those together, not just confirming that you have diagnoses or that you are “disabled” but explaining how your medical conditions affect your abilities to perform every day activities as they exist in a work setting.
These forms allow your treating professional to indicate your need for help, for example, that it is medically necessary for you to use a cane or other assistive device, for you to need extended breaks while performing tasks, that you have difficulty using your arms or your hands or problems concentrating.
The form for mental conditions “MCA” covers different topics such as your ability to deal with people, manage your time and follow instructions.
Key Points To Keep In Mind
There are several important factors to consider when pursuing your Social Security Disability (SSD) claim. Understanding these elements can significantly improve your chances of success and ensure a smoother process from start to finish.
Social Security’s rules dictate that the opinion of your treating source must be found persuasive if it is consistent with the records, that is why it is so important to speak to your providers about any conditions you feel affect your ability to work. If your provider’s notes fail to support the doctor’s conclusions; for example if your doctors notes all show you are doing OK or are feeling fine but the form shows severe limitations, it lessens the effectiveness of the form. Social Security’s rules demand that the form be submitted, even if it hurts your case, so you want to be sure to speak to your doctor about their support before deciding to ask them to complete it.
Speak with your Advocate, there may be special rules in place due to your age and past work which the doctor should keep in mind when completing the form.
You may have several different conditions contributing to your inability to work; the forms give your provider a chance to put together your limitations based on all these conditions combined. Your provider may want to see you in person to complete the form but remember the form needs to reflect the doctor’s opinion of your conditions and not just a recounting of what you have told them.
These forms are not static, as the regulations and focus of Social Security change over the years; these forms may change to better fit those regulations.
Our Experts Are Here To Help You
Our goal is to help you get the disability benefits which will result in peace of mind so you can concentrate on treatment and affording life’s expenses. Enrolling the help of your treating health professionals can increase your chances of success. Put them to work for you!
Below you’ll find the RFC and MCA. If you would like them mailed to you please call us to request them.
Blood performs essential functions in your body, from carrying oxygen to organs and muscles to carrying wastes out of the body. Blood even helps your body fight off infection. So, it should come as no surprise that a blood disorder can be debilitating. Some blood disorders can even be fatal.
Of course, there are many different types of blood disorders, and they vary in severity. Here’s what you need to know about pursuing Social Security disability (SSD) benefits for a blood disorder.
Blood Disorders in the Social Security Blue Book
Most blood disorders are evaluated under Section 7.00 of the Social Security Blue Book, but there are exceptions. Even within the Hematological Disorders section, there are a number of separate listings with different evaluation criteria for different blood disorders. These include:
If your medical documentation shows that you meet the listing criteria, you will typically be found to be disabled. But, determining whether or not you qualify based on a Blue Book listing can be a challenge.
There are some overlaps in the categories. For example, aplastic anemia is a disorder of bone marrow failure. However, the condition is sometimes treated with stem cell transplantation or a bone marrow transplant, in which case it is evaluated differently. It can be difficult to know which set of criteria to look at. And, to further complicate things, the Social Security Administration (SSA) will sometimes evaluate blood disorders under listings for other body systems impacted by the disorder.
Fortunately, you don’t have to sort out your SSD claim on your own. The SSD benefits advocates at Disability Help Group have extensive experience guiding people with disabling conditions through the SSD application and appeals processes. Our advocates have a thorough understanding of the processes, how to apply the listing criteria, and what type of evidence the SSA will be looking for.
Our advocates can also explain how you may be able to qualify for SSD benefits without meeting the criteria for a listed condition, and what type of evidence would be required.
To learn more about how we can help, call us today at 800-800-3332 or fill out our contact form here.
Are There SSD Benefits Available for Asperger’s Syndrome?
Like most other conditions, Asperger’s syndrome varies in severity and specifics. So, not everyone who is diagnosed with Asperger’s qualifies for Social Security disability (SSD). However, Asperger’s syndrome is listed in the Social Security Blue Book, Those who meet the listing criteria may receive SSD. And, some people who don’t meet the listing criteria but have other medical complications and conditions may also qualify.
The best way to find out whether you may have a valid claim for SSD benefits is to talk to an experienced Social Security disability benefits advocate.
What is Asperger’s Syndrome?
Asperger’s syndrome is no longer an official medical diagnosis. Instead, people who meet the criteria for what was previously described as Asperger’s are diagnosed with Level 1 Autism. However, many people still refer to the condition as Asperger’s syndrome.
Have difficulty understanding social norms or reading social cues
How seriously these symptoms impact one’s ability to engage in substantial gainful activity (SGA) depends on the exact nature and severity of the symptoms.
Asperger’s Syndrome in the Social Security Blue Book
Applicants claiming SSD benefits for Asperger’s syndrome are evaluated under section 12.10 of the Blue Book, which sets forth the criteria for all autism spectrum disorders.
To qualify for SSD benefits under the listing, the applicant must have medical documentation of:
Qualitative deficits in verbal communication, nonverbal communication and social interaction AND
Significantly restricted, repetitive patterns of behavior, interests or activities
In addition to the above requirements, the applicant must show extreme limitation of one or marked limitation of two of the following:
The ability to understand, remember or apply information
The ability to interact with others
The ability to concentrate, persist or maintain pace
The ability to adapt or manage themself
An applicant who doesn’t meet all of the criteria in the listing isn’t necessarily disqualified. For example, an applicant with Asperger’s syndrome who also suffers from a physical disability or a mental health condition such as anxiety or depression may qualify under the alternative, more holistic assessment.
Talk to an SSD Benefits Advocate Today
The SSD application and appeals processes can be daunting and confusing, particularly if you have a medical condition that may create additional obstacles. The advocates at Disability Help Group have developed deep knowledge of the processes and the type of evidence required so you don’t have to. To learn more about how we can help, call 800-800-3332 today, or fill out our contact form here.