– Matt Sauerwald, President, Disability Help Group
Matt Sauerwald is one of the nation’s top Disability Advocates. Matt has spent more than a decade helping people who are unable to work due to a disability, representing thousands of clients along the way. He knows people pursuing disability benefits hear a lot of misinformation and conflicting advice. So, he’s sharing what you need to know about pursuing Social Security disability benefits for anxiety.
Can You Get Social Security Disability Benefits for Anxiety?
The Social Security Blue Book includes a listing for anxiety and two related disorders: obsessive-compulsive disorder and panic disorder. It is possible to receive SSD benefits for these conditions if certain criteria are met.
For anxiety disorder, the SSD applicant must exhibit at least three of the following signs and symptoms of the disorder:
Restlessness
Being easily fatigued
Difficulty concentrating
Irritability
Muscle tension
Sleep disturbance
In addition, the applicant must meet one of the following two sets of criteria:
Extreme limitation of one or marked limitation of two of the following areas of mental functioning:
Ability to understand, remember, or apply information
Ability to interact with others
Ability to concentrate, persist, or maintain pace
Ability to adapt or manage oneself
OR
The condition is serious and persistent, meaning that the applicant is undergoing ongoing treatment that diminishes the signs and symptoms of the condition and has a limited capacity to adapt to changes in environment or demands not already part of their daily life.
Establishing these factors typically requires a combination of medical records and documentation and information from the applicant and family members about what they are and are not able to do in their daily lives. Matt and his team at Disability Help Group have extensive knowledge of what is required to successfully pursue Social Security disability benefits for anxiety. Whether you’re just applying for SSD for the first time or need to appeal a denial, you owe it to yourself to learn more about how our experienced disability advocates can help.
Matthew Sauerwald has been a dedicated voice for people seeking disability benefits since 2010. He has represented thousands of claimants fighting for Social Security disability or VA disability benefits and currently leads Disability Help Group, one of the most successful disability advocacy organizations in the United States.
How Long Does it Take to Receive Long-Term Disability?
Long-term disability (LTD) provides income if a disability prevents you from working if the injury was not work-related. Disability benefits for a long-term work-related injury are typically paid through workers’ compensation. A long-term disability policy may be offered through your employer. However, according to the Bureau of Labor Statistics, just 35% of employees in the U.S. have access to LTD coverage. A long-term disability policy can also be purchased directly.
Long-term disability isn’t full income replacement. What percentage of your income LTD will replace depends on the terms of your policy, with the average payout being about 60%. You also won’t start receiving disability benefits as soon as you become disabled.
Waiting Periods for Long-Term Disability
Virtually all long-term disability benefit plans have a waiting period between the time you become disabled and the time you are eligible to start receiving benefits. The waiting period is commonly between 90 and 180 days but may be as short as 30 days or as long as one year.
It’s important to note that this timeline only holds true if your LTD benefits are approved promptly. Unfortunately, most are not. When the claim is initially denied, the process of administrative appeals and perhaps even civil lawsuits can significantly extend the time it takes to begin receiving benefits. The upside is that when benefits are eventually approved, they will typically be backdated to the time when you should initially have been eligible. The downside is that when you are disabled and unable to work, you may not be able to wait out the long process of fighting for your benefits.
If you find yourself in this position, you may want to:
Check into whether you are also eligible for Social Security disability and apply
Check to see whether your state offers disability benefits–a handful do
Look into other sources of short-term assistance–one good resource in most states is to call 211, a central resource to connect people with various types of local assistance
You’ll also want to give yourself the benefit of an experienced disability benefits advocate who can help ensure that you know your rights and keep your claim moving forward efficiently. To learn more about how Disability Help Group can help you fight for your benefits, call 800-800-3332 or contact us here.
Best Tips When Appealing Your Denied Disability Claim
Social Security disability (SSDI) benefits serve as an important safety net for U.S. workers who become disabled before retirement age. Unfortunately, most claims for Social Security disability benefits are initially denied. In other words, when you file for SSDI benefits, you should be prepared to have to work your way through the process. That means:
If your claim is still denied after reconsideration, request a hearing before an administrative law judge (ALJ), which will offer you the opportunity to share additional information and present witnesses
If your claim is denied after the ALJ hearing, request a review of the hearing decision–however, the Appeals Council gets to decide whether or not to review your case
If your claim is denied by the Appeals Council or they opt not to consider your case, file a lawsuit in federal court
Of course, each stage means additional time. So, you’ll want to make sure that you set yourself up for the greatest chance of success at every stage. Ideally, that means working with an experienced disability benefits advocate to put together your original claim or to help with whatever stage of the appeals process you’re undertaking.
Increasing Your Chances of Winning in the Appeals Process After You’ve Been Denied
The very first step toward successfully appealing your SSDI denial is understanding the reason for your denial. Carefully review your denial letter, and consider contacting your local Social Security Administration (SSA) for more information or getting help from an experienced advocate.
It’s also very important that you meet the deadline for requesting reconsideration or appealing the decision. If you miss the deadline, you can reapply, but you will set your claim back by several months and may lose out on some benefits if you have to start over.
Regardless of whether you are submitting a request for reconsideration or appearing before an ALJ, you’ll want to supplement the record in any way you can. That may mean updated medical records, the results of testing you’ve undergone since you submitted your application, witnesses who observe your daily life, or other evidence that helps show you are disabled.
An Experienced Disability Benefits Advocate Can Help With Your Denied Claim
Perhaps the most important tip is to get the help you need. Part of increasing your chances of success in the SSDI appeals process is understanding what the SSA is looking for and how best to present that evidence. Our disability benefits advocates have extensive experience with Social Security disability claims and appeals and can help you put forth the strongest case possible.
To learn more about how we can help, call 800-800-3332 or contact us here for a FREE consultation.
Can I Receive Disability Benefits for Fibromyalgia?
Fibromyalgia is a chronic, potentially disabling condition that scientists don’t yet fully understand. While medical treatment can help manage symptoms, there is no cure for fibromyalgia. Some of the key symptoms include pain in multiple sites in the body, fatigue, and difficulty sleeping. There is no conclusive diagnostic test for fibromyalgia, and the diagnosis is usually based on a combination of symptoms and exclusion of other possible causes.
Fibromyalgia is not listed in the Social Security Blue Book, and for a long time, the complex nature of the condition and the unknowns surrounding it made it very difficult to pursue Social Security disability benefits (SSDI) for the condition. However, in 2012 the Social Security Administration (SSA) issued guidance specifically for claims based on fibromyalgia.
Guidelines for SSDI Claims Based on Fibromyalgia
The SSA now says that fibromyalgia may be recognized as a medically determinable impairment (MDI) if certain criteria are met. There are two sets of criteria that may be employed: the 1990 American College of Rheumatology (ACR) Criteria for the Classification of Fibromyalgia and the 2010 ACR Preliminary Diagnostic Criteria.
Two of the three criteria are the same under either set of standards:
A history of widespread pain (in both sides of the body, above and below the waist, and spinal) that has lasted for at least three months, and
Evidence that other possible explanations for the symptoms have been excluded through appropriate medical testing
In addition to these two requirements, the SSDI claimant must also show either:
Medical testing found at least 11 “tender points” among 18 listed locations on the body, or
Repeated manifestations of six or more fibromyalgia symptoms, such as fatigue, memory problems, cognitive issues, waking tired, anxiety, depression, or irritable bowel syndrome
Evidence of Disability
If you’re pursuing Social Security disability benefits for this condition, you’ll need objective medical evidence stating so. Diagnosis from your physician is not sufficient, and the SSA will want to review your medical history and the tests used to exclude other possible causes. In addition, you may submit additional information from non-medical sources, including those who have had the opportunity to observe your medical limitations over time.
Submit the Strongest Possible SSDI Claim
Most SSDI applications are denied at first. The more clear, complete, and on-point your application and supporting documentation are, the better your chances of approval. At Disability Help Group, we have extensive experience with disability benefits claims and appeals. We know what type of evidence is necessary to support your claim, and how to present it effectively.
To learn more about how we can help you pursue disability benefits for fibromyalgia, call (800) 800-3332 right now, or contact us here for a FREE case evaluation.
– Matt Sauerwald, President, Disability Help Group
Matt Sauerwald has been a dedicated advocate for people seeking disability benefits for over a decade. He’s represented thousands of clients and thoroughly knows the disability application and appeals processes.
Matt knows that most Social Security disability applications are initially denied and that understanding the most common reasons for denial can help you improve your chances of submitting a successful application.
Common Reasons for SSDI Claims Denial
Many people assume that Social Security disability denials are generally based on how the Social Security Administration (SSA) views the medical documentation submitted. However, many SSDI claims are denied before the SSA ever reaches the point of assessing the applicant’s medical condition. In the most recent year reported, the SSA denied more than 39% of workers’ claims for disability benefits for technical reasons.
Non-Medical Denials in SSDI Cases
Some of the most common non-medical reasons claims for SSDI benefits might be denied include:
Insufficient work credits: to qualify for Social Security disability benefits, you must have earned a certain number of work credits. The number of total credits and recent credits required depends on your age at the time you became disabled.
Making too much money: disability benefits are intended for people whose medical conditions prevent them from engaging in substantial gainful activity (SGA). So, if you earn above the SGA threshold, you won’t qualify.
Not providing sufficient information or failing to cooperate: to be granted disability benefits, you must provide all required information and be responsive to any requests from the SSA.
Medical Denials
To receive SSDI benefits, you must show that your medical condition or combination of medical conditions renders you unable to earn a living. Your claim may be denied if:
You’ve provided insufficient medical documentation to prove your condition.
The SSA determines that your condition isn’t severe enough to prevent you from engaging in substantial gainful activity.
You aren’t following medical recommendations that could improve your condition.
The disabling condition is not suspected to last for at least one year.
The SSA determines that there is still work you can perform, despite your medical limitations.
Submit the Strongest SSDI Application Possible
Many SSDI denials happen due to innocent mistakes or missing information. The best way to avoid those missteps that could result in denial or delay your claim is to work with an experienced disability benefits advocate from the beginning. To learn more about how we can help, call 800-800-3332 or contact us here for a FREE case evaluation.
Matthew Sauerwald is one of the top disability benefits advocates in the nation. He fights for the rights of people pursuing Social Security disability or VA disability benefits. Currently, he leads Disability Help Group, one of the most successful disability advocacy organizations in the United States.
Can I Receive Unemployment While Collecting Long-Term Disability?
The short answer is “probably not.” While there may be exceptions, long-term disability (LTD) and unemployment insurance are usually mutually exclusive. That’s because LTD benefits are intended for people who are disabled–that is, unable to work. The same is true for Social Security Disability. But, state unemployment insurance programs typically require that recipients be willing, able, and available to work. In other words, it’s usually impossible to fulfill the requirements for both LTD and unemployment insurance.
In fact, applying for both could be risky legally. The two applications might require you to attest to conflicting claims. If you believe you may be qualified for both long-term disability benefits and unemployment, it’s in your best interest to talk to an experienced disability benefits advocate right away, before you file an application for either benefit.
Unemployment Insurance v Long-Term Disability Benefits
How Does Unemployment Insurance Work?
In nearly all U.S. states, employers are required to pay unemployment insurance premiums or pay into a state unemployment program. Employees earn access to these benefits by having sufficient recent earnings from employment. To be eligible, the employee must also have been terminated from employment or quit for one of a small number of acceptable reasons. In most states, an employee terminated for cause will not be eligible.
How Does Long-Term Disability Work?
Long-term disability is a type of insurance, which may be purchased directly or provided by your employer. A long-term disability policy typically pays a percentage of your regular income if you become disabled–usually 50-67%. To qualify, you must meet the policy definition of disabled. LTD policies often include offset provisions, meaning that if you receive SSDI or certain other benefits, your LTD payout may be reduced.
Who May Be Eligible for Both LTD and Unemployment?
The narrow exception that might allow a small percentage of disabled workers to receive both LTD and unemployment hinges on the policy definition of “disabled.” Usually, it will mean that the insured is unable to engage in gainful employment. However, some policies may have more specific definitions, such as being unable to perform your current job duties or being unable to work in a particular industry.
In that case, the disabled worker may technically qualify for both LTD and unemployment insurance. But, it’s important to carefully review the criteria and any set-off provisions or exclusions. For example, a long-term disability policy may include a provision that allows the insurer to reduce benefits if you are receiving certain other types of compensation.
Contact Disability Help Group
To avoid any missteps, consider working with an experienced disability benefits advocate from the beginning.
Disability Help Group was founded by experienced disability experts who have been representing people with disabilities for over 15 years. Our team understands how to work with the Social Security Administration (SSA) in the best interest of the disabled person.
Social Security Disability claims require patience from the claimant, which can be tough when a person’s finances are in question. We understand, and we are here to help.
We have representatives across the country to ensure that your rights are being protected and the disability process is being properly followed.
To learn more, be sure to call one of our Disability Advocates now at (800) 800-3332, or fill out the contact form on this site.
