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Posts Tagged ‘social security disability review’

Sleep Disorder and Receiving Social Security Disability

Wednesday, August 26th, 2009

You may wonder what a sleep disorder is. A sleep disorder is a medical disorder of your sleep patterns. It is any difficulty that you have related to sleeping. This includes trouble staying asleep or falling asleep, excessive total sleep time, falling asleep at inappropriate times or abnormal behaviors associated with sleep.

There are more than 100 waking or sleeping disorders that have been identified. These can be grouped into 4 main categories:

  • Problems with staying awake
  • Sleep-disruptive behaviors
  • Problems with falling and staying asleep
  • Problems with staying on a regular sleep schedule.

Out of the over 100 sleep disorders that are divided into 4 main categories, there are 4 common sleep disorders.

  • Insomnia – It is often a sign or symptom of other problems. It refers to the inability to fall asleep or stay asleep at night. It also refers to daytime fatigue and waking up earlier than usual.
  • Sleep apnea – The primary sign or symptom is excessive daytime sleepiness. Some people will not admit to sleepiness but feel fatigued. Other indications of sleep apnea are snorting, snoring and gasping sounds while you sleep. The person who is sleeping with you notices these. Headaches in the morning and restless or unrefreshing sleep are also signs and symptoms.
  • Narcolepsy – Excessive daytime sleepiness that is relieved by naps is a sign of this sleep disorder. Other indications are loss of muscle control (cataplexy) that happens with emotion like anger or laughing, the inability to move when waking up or going to sleep (sleep paralysis), dreaming during naps and having dream-like hallucinations as you fall asleep.
  • Restless leg syndrome – The primary sign or symptom is an irresistible urge to move your legs shortly after going to bed, in the middle of the night when you wake up, or even when you are wide awake during the day. Twitching or “creepy-crawly” feeling in your arms, thighs, calves, or feet are symptoms. Twitching or kicking leg movements while you are asleep or awake are also indications of this sleep disorder.

You or a loved one may have a sleep disorder. Sleep disorder may be the cause of you or your loved one’s disability.

If this is the case, do you need help? Do you need financial help?

Have you or your loved one applied for Social Security disability benefits or disability benefits from the Social Security Administration because of the disability caused by sleep disorder? Were you or your loved one denied?

If you or your loved one is thinking about appealing the denial by the Social Security Administration, you will need a confident disability lawyer like the one you will find at socialsecurityhome.com to represent you in the appeals process. This is true because people who are represented by a caring disability attorney are approved more often than people who are not represented by a lawyer.

Do not put this off. Contact the compassionate disability attorney at socialsecurityhome.com, today.

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Can A Social Security Disability Attorney help speed up my Social Security Disability Hearing or Social Security Disability Decision?

Wednesday, April 8th, 2009

There are only a few scenarios in which a Social Security Disability Attorney can help speed up a Social Security Disability Hearing. It is important to understand that the main goal of hiring a Social Security Disability Attorney is to increase your chances or winning your Social Security Disability claim, not expediting the Social Security Disability process. That said, listed below are several ways a Social Security Disability Attorney may be able to help expedite your Social Security Disability Claim: 

  • Ensure all updated medical information is gathered in a timely fashion and sent to the Social Security Administration prior to all appeals.
  • In certain limited cases a Social Security Disability hearings may be scheduled more quickly if the claimant can prove they are in dire need. The Social Security Disability Attorney can work with the claimant to submit the necessary paperwork: dire need letter, past due notices for rent, utility bills, eviction notices and medical prescriptions. There must be serious financial need to warrant an expedited Social Security Disability hearing.
  • If you have had a Social Security Disability Hearing scheduled you may be able to expedite the decision by requesting an on-the-record-review (OTR). This OTR request will ask that the Social Security Disability claim be reviewed before the Administrative hearing is held. The main benefit of the on-the-record-review is that you may get approved more quickly with out waiting for the decision of the Administrative Law Judge at the Social Security Disability hearing. OTR Reviews are only approved if your physical or mental health condition has gotten substantially worse and your medical information is up to date and can substantiate your worsening health claim.
  • The last way to speed up the Social Security Disability hearing is to have a United States Congressman or United States Senator launch a congressional inquiry. A Social Security Disability hearing may be expedited for a claimant if a staff member requests it either by calling or writing. This is difficult to do, but has had limited success.

In most instances a Social Security Disability Attorney will not be able to move your Social Security Disability claim through the Social Security Administrative process faster than you can with out Social Security Disability legal representation. What the Social Security Disability Attorney can do is increase your chances of winning Social Security Disability benefits at all levels of the Social Security Disability process.

Most ssdi.htm”title=”SS Disability Insurance” >Social Security Disability Insurance and Supplemental Security Income claims are denied at the initial application level and the reconsideration level. If your Social Security Disability claim is appealed to the Administrative Law Judge level and you are scheduled for a Social Security Disability hearing, representation by a Social Security Disability lawyer can greatly increase your chances of success.

A Social Security Disability Attorney has the experience to gather, read and evaluate your medical documentation and prepare the information for the Administrative Law Judge in the format he requires.  The Social Security Disability Attorney can evaluate your mental and physical health impairments and help the Administrative Law Judge evaluate how it compares to the Social Security Impairment Listing and determine the amount of your residual work capacity.

The most important thing a Social Security Disability Attorney offers is the expertise to navigate the Social Security Disability hearings, decipher and answer all the Administrative Law Judge questions and answer questions regarding your work capacity. If there are vocational or medical experts who are providing expert testimony for the Administrative Law Judge, your Social Security Disability Attorney can respond to the experts and provide additional information which the Administrative Law Judge can use to make his decision.

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How To Apply For Social Security Disability Benefits

Monday, February 2nd, 2009

If you have become disabled and are not able to work for at least twelve months due to a physical or mental health limitation you may be eligible for Social Security Disability payments. The Social Security Administration administers two different disability programs. They are Social Security Disability Insurance and Supplemental Security Income.

Social Security Disability Insurance requires that you are disabled and you have worked a certain number of pay periods and paid employment taxes. When you work and pay taxes you are accumulating work credits. If you become disabled and have enough work credits accumulated you may be able to draw Social Security Disability Insurance (SSDI) benefits. Benefits may also be available to widows, dependents and widowers.

Supplemental Security Income is the second program administered by the Social Security Administration. This program is for individuals who are aged (65 years or older), blind or individuals who have limited income and resources and are disabled and unable to work. The disability requirements that must be met for each program are the same. Limited income and resources are determined by the Social Security Administration and the amount can vary by year.

To apply for Social Security Disability benefits, both SSI and SSDI, you can contact the Social Security Administration in the following ways:

  1. Call the Social Security Administration’s Office at 1-800-772-1213
  2. Visit the Social Security Administration online at www.socialsecurity.gov and complete the Social Security Disability application.
  3. Make an appointment to meet with a Social Security Disability representative at a local Social Security Administration Office. To locate the nearest Social Security Administration office in your area go to the www.socialsecurity.gov website and find the Social Security Administration office locator page. Enter your zip code and the nearest Social Security Administration Regional Office in your area will be listed for you.
  4. After you have met with a SSA representative or filled out the Social Security Disability Application on line your completed Social Security Disability application will be sent to the appropriate Social Security Administration Office. It may take 30-90 days for your Social Security Disability application to be processed. If you are denied Social Security Disability benefits, they will send you a denial letter in the mail. You have 60 days from the date of the denial letter to file your Social Security Disability benefits. If you are approved for Social Security Disability benefits they will send you a letter outlining the Social Security Disability benefits you can expect to receive and the date you will receive them.

If you are applying for Social Security Disability Benefits or if you have questions regarding Social Security Disability benefits, you can contact a Social Security Disability lawyer who can answer all of your Social Security Disability questions. If you have been denied benefits a Social Security Disability Attorney can also help with each phase of the Social Security Disability appeals process and increase your chances for getting benefits.

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What Does a Social Security Disability Attorney Do?

Thursday, January 29th, 2009

If you are considering applying for Social Security Disability Insurance or Supplemental Security Income benefits the expertise of a Social Security Disability Attorney can help. A Social Security Disability Attorney can increase your chances of receiving Social Security Disability benefits at each stage of the Social Security Disability application and appeals process. The Social Security Disability Attorney will not complete the Social Security Disability application process but if you have retained a Social Security Disability Attorney this may increase your chances of receiving Social Security Disability benefits even at the application level. If you are denied Social Security Disability Benefits a Social Security Disability Attorney will complete the following tasks for you:

• The Social Security Attorney will review all of your medical information and your initial Social Security Disability application to make sure it included all relevant information.
• The Social Security Attorney will complete the first step of the Social Security Disability appeal’s process. In most states this is the Reconsideration phase. The Reconsideration paperwork must be submitted to the Social Security Administration with in sixty days of the Social Security Disability denial letter. There are ten states which do not have the Reconsideration phase and the first step in the Social Security Disability appeals process will be a Judicial hearing with an Administrative Law Judge.
• The Social Security Disability Attorney will present your Social Security Disability Case before the Administrative Law Judge. This will include gathering all of your medical information and developing a persuasive case, meeting with you prior to the Judicial hearing and arguing your Social Security Disability case before the Administrative Law Judge.
• The Social Security Disability Attorney can help appeal your Social Security Disability case to the Advisory Council if the Administrative Judge does not approve your Social Security Disability claim.

If you have applied and been denied Social Security Disability benefits you can get help. Unfortunately, most Social Security Disability applications are denied at the initial phases of the Social Security Disability process. Do not get discouraged even if you have been denied at the initial level and the reconsideration level, with a competent Social Security Disability Attorney arguing your Social Security Disability case at the Judicial Hearing level you have a strong chance that your Social Security Disability benefits will be approved. Call today or fill out the FREE evaluation form to discuss your Social Security Disability case with a qualified Social Security Disability Attorney.

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Why Does it take so long to receive Social Security Disability Benefits?

Monday, January 19th, 2009

Each year thousands of Social Security Disability applicants are forced to wait months and sometimes even years to receive Social Security Disability benefits. There are several reasons why it takes so long for the Social Security Administration to process Social Security disability claims, but in general a Social Security Disability application can take up to 100 days at the initial examination level to process.

If you are denied Social Security Disability benefits at the application level and enter into the reconsideration phase (the first level of the Social Security Disability appeals process in most states) it can take an additional 30-60 days.

If you are denied at the reconsideration level and you must attend a Social Security Disability hearing you may have to wait one to two years in certain parts of the country for your Social Security Disability hearing to be scheduled.

Here are some of the reasons it takes so long to get your disability benefits from the Social Security Administration:

1. The Social Security Administration must seriously consider each Social Security Disability application and they must be fair to each claimant. This means that Social Security Disability examiners within the Social Security Administration must gather and process medical records for listed medical conditions. They must also examine and review Social Security Disability applications from claimants that may in fact have a dubious Social Security Disability claim. Examining each Social Security Disability application is a good idea, but unfortunately other more severe Social Security Disability cases will take longer to process.

2. The Social Security Administration is understaffed and the case load for each examiner and Administrative Judge is very high. In the last few years various legislative actions have been taken to improve the employment staffing situation within the Social Security Administration.

3. The Social Security Disability application process has very specific steps which must be completed to get Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits. The first step is filing your Social Security Disability application. Your application will be sent to a medical examiner who gathers the medical records and reviews them. If your medical information is insufficient, additional medical exams may be required to make an accurate medical determination. Other individuals may also have to provide information on your daily activities. The disability examiner will than either consult with other medical personnel with in the disability agency to make a disability medical determination or in some cases make the decision themselves.

4. The Social Security Disability appeals process can be very long and the wait time to receive an administrative court hearing date in some parts of the process can take from 1 to 2 years. Many Social Security Disability claimants ask if their Social Security Disability claims can be expedited. There are very few emergency situations that will allow for an expedited administrative hearing.

It is important to discuss any emergency situations with your Social Security Disability attorney. They may be able to file a ‘dire need letter’ to the hearing office where your Social Security Disability claim is going to be scheduled.

Many claimants ask when they can expect to receive their benefits and unfortunately, there is not a clear answer for each Social Security Disability applicant. Some individuals who file for SSI or SSDI have very severe physical or mental conditions that will be approved at the initial Social Security Disability application level and they may receive their benefits quickly. Other Social Security Disability applicants will have to go through many phases of the Social Security Application appeals process and they may have to wait months or sometimes even years to receive their benefits.

The good news is that many Social Security Disability claims that are denied at the application and reconsideration appeals level do end up approved after a Administrative Judge reviews them at the Social Security Disability hearing. If your Social Security Disability claim is at the judicial hearing level, it may be a good idea to consult a Social Security Disability attorney who can review your claim and help prepare your case prior to the hearing.

If you have been denied Social Security Disability benefits or have questions about a Social Security Disability claim, contact a Social Security Disability lawyer who can answer your questions and review your Social Security Disability claim.

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