If you suffer from a disability and live in the U.S. you may be entitled to Social Security Disability benefits. For this to happen the Social Security Administration must deem your disability severe enough that you cannot engage in “Substantial Gainful Activity”
The SSA evaluates your medical condition by looking at the “Listing of Impairments” and assessing your work-related limitations. The “Listings” outline each major body system, and provide requirements necessary for proving disability. Many of the listed impairments are permanent or likely to result in death.
For all other conditions, the SSA assesses your medical evidence which must demonstrate that your disorder will last at least 12 months and prevent you from working at any job.
What Are The Most Common Disabilities?
The list below will show you the type of medical conditions/disabilites that are the most common among SSD benefit applicants. (This list is based on the SSA’s Blue Book.)
Cancer
Cardiovascular Systems
Congenital Disorders That Affect Multiple Body Systems
Digestive System
Endocrine System Disorders
Hematological Disorders
Genitourinary Disorders
Immune System Disorders
Mental Disorders
Musculoskeletal System
Neurological Disorders
Respiratory Disorders
Skin Disorders
Special Senses and Speech
Get The Help You Need To Secure SSD Benefits
At Disability Help Group, we work hard to build a strong medical file to support your SSD claim. We will request your medical records and medical evaluations from your doctors and give you the best chance of receiving the benefits you deserve. Contact our team of experts today here or call us at 800-800-3332.
Sleep is required to function. Sleep Apnea is a condition where someone briefly and repeatedly stops and starts breathing. This can severely disrupt someone’s sleeping patterns affecting their mental, emotional, and physical health.
Service Connection
For the VA to assign a 100% rating for Sleep Apnea, the VA must first determine that the condition is related to service.
Generally, VA will grant service connection if the following are met:
Proof of a current diagnosis,
Proof of an in-service event, disease, or injury, and
Proof of a medical nexus between the first 2
elements.
VA Schedule of Rating
After the VA grants service connection, it must determine the correct rating. To do so, VA consults the Schedule of Ratings. The ratings should reflect how much that specific disability impairs your ability to work.
To get a 100% rating for sleep apnea, it must be so severe that it prevents gainful employment.
Requirements Specific to Sleep Apnea
The Schedule of Ratings breaks down disabilities into different categories. Each category contains groups of medical problems. For example, Sleep Apnea is found in the Respiratory System category. Each group contains a list of disabilities, each with its own diagnostic code. In turn, each diagnostic code specifies the symptoms required for various ratings. For example, the 6847 code applies to Sleep Apnea. See 38 C.F.R. § 4.97.
A 100% VA rating for Sleep Apnea requires:
Chronic respiratory failure with carbon dioxide
retention or cor pulmonale, or
The condition requires a tracheostomy.
Chronic Respiratory Failure
Chronic respiratory failure usually happens when the airways that carry air to your lungs become narrow and damaged. In other words, less oxygen gets in and less carbon dioxide goes out. A tracheostomy is a surgically made hole in the front of your neck where a breathing tube is connected to your windpipe to help you breathe. Naturally, a veteran with these extreme symptoms deserves a 100% VA rating for Sleep Apnea.
Medical Evidence
Only medical evidence can satisfy these requirements. It is not enough for the veteran to say “I cannot work because of my sleep apnea.” Fortunately, the VA provides rating tools such as Disability Benefits Questionnaires (“DBQs”) on their website. Specifically, VA provides a Sleep Apnea DBQ that focuses on the symptoms described in the Schedule. Veterans seeking a higher rating for sleep apnea should have their doctors complete the DBQ. The VA will likely grant the rating if the DBQ includes the criteria for a 100% rating for Sleep Apnea.
Disability Benefits Questionnaire
A doctor who treats the disability in question should fill out a Disability Benefits Questionnaire. For example, an orthopedic specialist who is treating a foot condition should not complete a DBQ for PTSD.
Watch out for Pyramiding
When seeking a 100% rating for Sleep Apnea, one must consider every rule and exception related to VA ratings. Under the VA rating system, a veteran should be compensated for each service-connected disability. However, there is one big exception. VA cannot pay a veteran more than once for the same disability or same manifestation. For example, Asthma and Sleep Apnea have nearly identical manifestations. They both involve airway impairment, share symptoms such as daytime fatigue and are under the same category in the Schedule of Ratings. A veteran who is service connected for both will only receive a rating for one of them. In that circumstance, the VA must assign the higher of the 2 possible ratings.
How We Can Help
Many variables come into play when trying to get 100% VA disability for Sleep Apnea. The first step is to not give up. Our team of experts are here to support you the entire way through. Whether you are struggling to secure your VA disability or need help with your denied SSD claims, we’re only a phone call away. To learn more about how our team can help you call us today at (800) 800-3332 or contact us here now for a FREE consultation.
If Someone Getting SSD Dies, Can I Get Their Benefits?
Not exactly. Social Security disability benefits (SSD) are for the disabled worker, and those benefits terminate when the recipient passes away. But that doesn’t necessarily mean dependents are on their own. Here are some benefits that may be available to surviving family members when an SSD recipient passes away.
Social Security Death Benefit
The Social Security Administration (SSA) pays a one-time, lump-sum death benefit when a recipient of either SSD or Social Security retirement benefits passes away. This is a small payment. In 2023, it’s $255. This benefit is payable to the surviving spouse if there is one. If not, the benefit may be paid to a child of the deceased.
Survivor’s Benefits
Some dependents of a deceased SSD recipient can receive survivor’s benefits.
These family members may qualify for benefits on the deceased’s work record:
A surviving spouse aged 60 or older
A surviving spouse of any age who is caring for a child of the deceased who is under the age of 16
A surviving spouse of any age who is caring for a child of the deceased who is disabled
A surviving spouse aged 50 or older who became disabled during the SSD recipient’s life or within seven years of their death.
An unmarried child of the deceased who is under the age of 18, or up to age 19 and two months if they are a full-time student in elementary or secondary school
An adult child with a disability that began before age 22
In some circumstances, others may be able to receive survivor’s benefits.
These include:
A former spouse who was married to the SSD recipient for at least 10 years and who has not remarried or who remarried after age 60
A former spouse who is caring for a child of the deceased who is under the age of 16 or disabled and is receiving child’s benefits, regardless of the length of the marriage
Parents of the deceased who are at least 62 years of age, if they received at least half of their support from the deceased SSD recipient
The amount of survivor’s benefits that a family member receives will depend on both the deceased’s work record and the number of family members receiving benefits.
An Experienced Disability Benefits Attorney Can Help
Applying for Social Security survivor benefits can be complicated. If you’ve been denied survivor benefits, don’t believe you are receiving the right amount, or just aren’t sure how to find out whether you qualify, we’re here to help. Call us today at (800) 800-3332 or fill out our contact us here now for a FREE consultation.
When most people think of qualifying for Social Security Disability (SSD), they think about proving that their medical condition is severe enough that they are unable to earn a living. That is a necessary part of the process. But, there are technical criteria that must be met before the Social Security Administration (SSA) even looks at your medical condition.
To qualify for SSD, a disabled worker must have sufficient work credits. For disability benefits, these credits are measured in two ways. The applicant must have a certain number of total work credits and a certain number of recent work credits. The number of each type of credit required varies depending on the applicant’s age.
What are Work Credits?
When you work and pay into Social Security, you collect work credits. The maximum number of credits you can earn in a year is four, regardless of how much money you make during that year. The amount of earnings it takes to constitute a credit changes over time. In 2023, you must earn $1,640 to earn one credit.
Earning credits for the year tops out at $6,560/year, so most people who work full-time–or even steady part-time jobs–will accrue four credits in a year. If you earn less, you’ll get fewer credits.
How Many Work Credits Are Required for SSD?
For most disabled workers, the minimum number of total work credits accrued to qualify for SSD benefits is 40. That’s the equivalent of 10 years of work. It’s also the same number of work credits required for Social Security retirement benefits. However, disability qualification has another element. Unless you are legally blind, you must also have a certain number of recent work credits. For most applicants, that number is 20 (the equivalent of five years of work) within the 10 years prior to applying.
Credit Requirements are Lower for Younger Workers
A worker who becomes disabled Earlier in adulthood hasn’t had as much time to receive work credits. So the number of work credits required is adjusted based on the applicant’s age. For instance, if the disabled worker is under the age of 24, they need just six work credits (1.5 years) of work in the prior three years.
If your social security record indicates that you do not have enough work credits, review the record carefully. If there are jobs missing from your record or incorrect time periods, you can correct your record.
Talk to an Experienced SSD Benefits Advocate
The rather complicated formula for work credits above is just one element of qualifying for Social Security disability benefits. Proving that your condition meets or equals a condition listed in the Blue Book, or that you are unable to work, can be much more complicated. Most Social Security disability initial applications are denied. To give yourselves the best chance of approval, work with a qualified disability benefits advocate who knows what the SSA is looking for.
To learn more about how we can help, call (800) 800-2009 right now or contact us here.
Can I get A 100% VA Rating for PTSD due to Military Sexual Trauma?
Post Traumatic Stress Disorder (PTSD)
Post-traumatic stress disorder (PTSD) is a mental disability triggered by a traumatic event. When the average person thinks of a traumatic military event, they often think of combat. However, some military threats come from within our own ranks. Military Sexual Trauma, or MST, refers to experiences of sexual assault or sexual harassment during military service. According to national data provided by the VA, 1 in 3 women and 1 in 50 men say that they experienced military sexual trauma (MST) when screened by their VA provider.
Military Sexual Trauma (MST)
Military Sexual Trauma includes any sexual activity where a service member is involved against his or her will. He or she may have been pressured into sexual activities (for example, with threats of negative consequences for refusing to be sexually cooperative or with implied better treatment in exchange for sex), or may have been physically forced into sexual activities.
Other MST experiences include unwanted sexual touching or grabbing; threatening, offensive remarks about a person’s body or sexual activities; and threatening and unwelcome sexual advances.
PTSD is the most common mental health diagnosis related to MST. You may be eligible for VA 100% if your PTSD is due to MST.
Service Connection PTSD due to MST
Before VA will assign a 100% rating for PTSD due to MST, they must first determine whether it is related to service. In other words, VA must first grant service connection before it will assign a rating.
There are 4 requirements to prove service-connection PTSD due to MST
Current diagnosis,
In-service event, disease or injury,
Medical nexus between the first 2 elements, and
Credible supporting evidence that the claimed in-service stressor occurred.
The challenge of Proving Military Sexual Trauma (MST)
Most victims are not eager to report MST to their superiors. This is especially true if a superior has committed the MST, the VA is well aware of this. Absent an official law enforcement record, how does one prove PTSD due to MST?
The VA looks for credible supporting evidence.
Credible supporting evidence of MST can include:
In-service pregnancy tests or tests for sexually transmitted diseases,
Statements from clergy, family members, roommates, or
Evidence of behavior changes following the claimed assault.
Rating PTSD due to MST
After the VA grants service connection for PTSD due to MST, it must determine the correct rating. To do so, the VA consults the Schedule of Ratings.
The Schedule of Ratings breaks down disabilities into different categories. Each category contains groups of medical problems. For example, PTSD due to MST is found in the General Rating Formula for Mental Disorders. Depending on the symptoms, a veteran may receive either 0%, 10%, 30%, 50%, 70%, or 100%.
100% Rating: Total occupational and social impairment from PTSD due to MST
Gross impairment in thought processes or communication
Persistent delusions or hallucinations; grossly inappropriate behavior
The persistent danger of hurting self or others
Intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene)
Disorientation to time or place
Memory loss for names of close relatives, own occupation, or own name
70% Rating: Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood
Suicidal ideation
Obsessional rituals which interfere with routine activities
Speech intermittently illogical, obscure, or irrelevant
Near-continuous panic or depression affecting the ability to function independently, appropriately, and effectively
Impaired impulse control (such as unprovoked irritability with periods of violence)
Spatial disorientation
Neglect of personal appearance and hygiene
Difficulty in adapting to stressful circumstances (including work or a work-like setting
Inability to establish and maintain effective relationships
50% Rating: Occupational and social impairment with reduced reliability and productivity
Flattened affect
Circumstantial, circumlocutory, or stereotyped speech
Panic attacks more than once a week
Difficulty in understanding complex commands
Impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks)
Impaired judgment
Impaired abstract thinking
Disturbances of motivation and mood
Difficulty in establishing and maintaining effective work and social relationships
30% Rating: Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal)
Depressed mood
Anxiety
Suspiciousness
Panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, and recent events)
10% = Occupational and social impairment due to mild or transient symptoms
Decrease work efficiency and ability to perform occupational tasks only during periods of significant stress
Symptoms controlled by continuous medication
0% Rating: A mental condition has been formally diagnosed
Symptoms are not severe enough either to interfere with occupational and social functioning
Require continuous medication
You May Be Entitled to VA 100% PTSD due to MST
The type, severity, and duration of a veteran’s symptoms will vary based on a number of factors. For example, race, religion, and sexual orientation can affect the impact of MST. Whether the MST happened once or was repeated over time may affect how long the symptoms last.
If your PTSD due to MST has caused any of the symptoms in the 100% range, then you may be entitled to VA 100%.
Call Disability Help Group for a FREE Case Review! If you have more questions about getting a 100% rating for PTSD due to MST, please fill out our information form here or call us at (800) 800-3332. We offer a 100% guaranteed free case review. We will be happy to answer your questions.
How to File a Social Security Disability Application
You have multiple options for filing an SSDI application. The Social Security Administration (SSA) recommends filing online and treats the online application as the default method. Here are a few reasons you may want to use the online application process:
You can apply any time it’s convenient for you, rather than having to wait for an appointment and then apply during business hours
The SSA says that online applications are typically processed more quickly than other application types
You can stop and start the online application, meaning that the process won’t be derailed if you’re missing some information
With the average wait time for an initial determination crossing the 7-month mark in February of 2023, it makes sense to take the most efficient route possible. However, if you can’t apply online or just don’t want to, you have other options.
Alternative Ways to Apply for Social Security Disability Benefits
Apply at Your Local Social Security Office
You can apply for disability benefits in person. One advantage to this approach is that you’ll have an SSA staff member available to answer questions or provide other assistance. You can find your local office through the SSA’s field office locator tool.
If you choose to apply in person, be sure to call ahead for an appointment. And, make sure you have all of the required information gathered.
Apply by Phone
Applying by phone is similar to applying at your local office. You’ll have an SSA representative to assist you, and they’ll ask you questions to collect the information you would fill in when completing the application. The SSA offers a starter kit to help you prepare to complete your application and interview, whether you apply online, by phone, or in person.
Need Help with Your SSDI Application?
Most Social Security disability benefits applications are initially denied. You can improve your chances of being among those applications approved in the first round by ensuring that your application is completed properly and that you have provided adequate supporting documentation to fully establish your claim. Working with an experienced disability benefits advocate can help ensure that you put together the best application possible. To learn more about how Disability Help Group can help, call (800) 800-3332 right now, or fill out the contact form on this site.