Central Massachusetts Estate Planning News

Am I Eligible For Social Security Disability - Part 5

Christopher Sharry — Sun, 25 Mar 2012 15:35:18 +0000

In our final part of our 5 part series, we are discussing the process you must go through to be approved for social security disability benefits. We’ve already discussed the first four steps, which address working, the severity of your impairment, if your medical condition meets or equals a listed impairment by the Social Security Administration, and whether you can perform your past work. In this series, we will discuss step 5 of the sequential evaluation process which addresses if you can perform any other type of work. The 5 step sequential evaluation process is noted below for reference:

Are you currently working? Does your impairment prevent you from performing substantial gainful activity?
Is your condition severe?
Does your medical condition meet or equal a listed impairment?
Can you perform your past work?
Can you do any other type of work?

Step 5

Step 5 of the sequential evaluation process analyzes whether you are able to adjust to other types of work. The work must be of the type that exists in significant number in the national economy. The analysis will factor in your past work, your age, remaining work capacity and education level. If the SSA finds that you cannot adjust and take on other types of work, the SSA will likely find that you are disabled. If you were denied at any step, please contact Sharry Law Office for a free case evaluation and discuss your appeal.

Evaluating Functional Equivalence In Childhood Disability

Christopher Sharry — Sun, 18 Mar 2012 02:28:34 +0000

In children’s disability cases, if the child’s impairment is not severe enough to meet a Social Security “listing”, meaning an approval for disability benefits, then an assessment must be done to determine if the impairment functionally equals a listing. For functional equivalence, the child must have one “extreme” or two “marked” limitations in the six domains of functioning.

The six domains of functioning are:

Acquiring and using information
Attending and completing tasks
Interacting and relating with others
Moving about and manipulating objects
Caring for oneself, and
Health and physical well-being.

The evaluation of how functioning is affected will be done during all of the child’s activities; meaning activities done at home, at school, and in the community. First, Social Security will identify which of the child’s activities are limited, and which domains are involved in those activities. They will then determine whether the child’s impairment(s) could affect those domains and account for the limitations. Second, Social Security will then rate the severity of the limitations in each affected domain(s). If SSA finds one extreme limitation, or two marked limitations, the child will be approved for disability benefits.

Disability Benefits For Children With HLHS

Christopher Sharry — Tue, 13 Mar 2012 01:43:19 +0000

I’ve addressed children’s disability benefits in previous posts, but would like address a specific disability, hypoplastic left heart syndrome, in this post. Hypoplastic Left Heart Syndrome (HLHS) is a congenital heart defect where most of the structures on the left side of the heart are too small and underdeveloped (hypoplastic) to provide enough red blood flow for the body’s needs. The Social Security Administration has listed HLHS on their list of compassionate allowances. Compassionate allowances are medical conditions so serious that their conditions obviously meet disability standards. Compassionate Allowances are a way of quickly identifying diseases and other medical conditions that will ultimately qualify for benefits.

To recap, children’s disability benefits will be awarded to those children with:

physical or mental condition(s) , or combination of conditions, that results in marked and severe functional limitations;
The condition(s) must have been disabling, or expected to be disabling, for at least 12 continuous months; and
The child must not be working and earning more than $1,010 per month.

HLHS is a rare congenital congenital heart defect (CHD) that may be diagnosed at birth or on a prenatal ultrasound. HLHS consists of under-development of the left side of the heart. Usually, the entire left side of the heart is affected, and can include the left ventricle, mitral valve, the aortic valve and the aorta. Because of the under-development of the left side of the heart, the right side of the heart must work harder to maintain circulation to sustain both lungs and the rest of the body. This, in turn, may cause heart failure.

A social security disability claim can take up to 2 years to process before being awarded benefits or ultimately denied, depending on many factors. Because HLHS is listed on SSA’s list of compassionate allowances, the process may be expedited, and families may receive benefits in a matter of weeks versus a matter of months or possibly years.

Am I Eligible For Social Security Disability - Part 4

Christopher Sharry — Wed, 07 Mar 2012 14:57:24 +0000

In part 4 of our 5 part series, we are discussing the process you must go through to be approved for social security disability benefits. We’ve already discussed the first three steps, which address working, the severity of your impairment, and if your medical condition meets or equals a listed impairment by the Social Security Administration. In this series, we will discuss step 4 of the sequential evaluation process which addresses if you can perform your past work. The 5 step sequential evaluation process is noted below for reference:

Are you currently working? Does your impairment prevent you from performing substantial gainful activity?
Is your condition severe?
Does your medical condition meet or equal a listed impairment?
Can you perform your past work?
Can you do any other type of work?

Step 4

Step 4 of the sequential evaluation process evaluates your past relevant work. Generally speaking, past relevant is described as work you performed in the last 15 years. Only work that was performed at the SGA (substantial gainful activity) should be factored into your past relevant work. In order to figure out whether you can perform past relevant work, the SSA will examine the physical and mental requirements of your former job in conjunction with your current residual functional capacity. If you are able to perform past relevant work, you will not be considered disabled for purposed of social security disability benefits. If SSA decides that you can no longer perform your past job, your case will be evaluated at step 5 to determine if you can do any other type of work. To simplify the analysis, take the least-taxing job you performed in the previous 15 years and argue as to why you can no longer do that job.

In the next series, we will discuss step 5, ”Can you do any other type of work?”

Social Security Administration Adds to Compassionate Allowances List

Christopher Sharry — Mon, 05 Mar 2012 17:04:15 +0000

SSA has announced twelve additional Compassionate Allowances, including several for cardiac patients. The Compassionate Allowances process quickly identifies diseases and other medical conditions that, by definition, meet SSA’s standard for disability benefits.

Impairments on SSA’s list of Compassionate Allowances are those that provide almost a 100% guarantee that the person will be found disabled. Compassionate Allowances cases retain priority status on appeal and receive expedited processing.

The twelve new Compassionate Allowances conditions are:

Aortic Atresia
Eisenmenger Syndrome
Endomyocardial Fibrosis
Heart Transplant Graft Failure
Heart Transplant Wait List - 1A/1B
Hypoplastic Left Heart Syndrome
Left Ventricular Assist Device (LVAD) Recipient
Mitral Valve Atresia
Primary Cardiac Amyloidosis
Pulmonary Atresia
Single Ventricle
Tricuspid Atresia

Children’s Disability Benefits

Christopher Sharry — Mon, 27 Feb 2012 01:18:07 +0000

Can my child qualify for disability benefits? This is an often asked question and the answer is yes. Disabled children are entitled to disability benefits under the Supplemental Security Income (SSI) program.

Similar to adults applying for disability, your child’s case will be examined by the State agency that is assigned to evaluate the case and make a decision on disability. The process and standard for being examined, however, are a bit different for children. The process to determine disability for adults focuses on the severity of the claimant’s impairment and how the impairment affects the claimant’s ability to work. As the majority of those applying for children’s benefits do not work, the process must address separate factors. Children will be found disabled if two elements are satisfied:

The child’s physical or mental condition or a combination of conditions results in marked and severe functional limitations. The condition(s) must severely limit your child’s activities, and;
The condition(s) must have been disabling, or be expected to be disabling, for at least 12 continuous months.

Some of the areas examined to determine if there are marked and severe functional limitations are:

Acquiring and using information
Attending and completing tasks
Interacting and relating with others
Moving about and manipulating objects
Caring for yourself
Health and physical well-being

If the child’s condition(s) results in marked and severe functional limitations for at least 12 continuous months, Social Security will find the child disabled and award SSI benefits. In most States, children receiving SSI benefits will qualify for Medicaid coverage.

For a No Cost case evaluation, or if you have any questions regarding your child’s eligibility for disability benefits, feel free to contact our office at (508) 421-4610.

Am I Eligible For Social Security Disability - Part 3

Christopher Sharry — Mon, 20 Feb 2012 19:40:53 +0000

In part 3 of our 5 part series, we are discussing the process you must go through to be approved for social security disability benefits. We’ve already discussed the first two steps, which address working and the severity of your impairment. In this series, we will discuss step 3 of the sequential evaluation process which addresses whether your medical condition meets or equals a listed impairment by the Social Security Administration. The 5 step sequential evaluation process is noted below for reference:

Are you currently working? Does your impairment prevent you from performing substantial gainful activity?
Is your condition severe?
Does your medical condition meet or equal a listed impairment?
Can you perform your past work?
Can you do any other type of work?

Step 3

Quite simply, if your condition meets or equals a listed impairment, you will be awarded benefits. So if your condition is not on the list, does that mean you will be denied? Not necessarily. If your medical condition does not meet or equal one of the listed impairments, it means you must be evaluated under steps 4 and 5 to be awarded benefits. Steps 4 and 5 address your prior work history and whether you could potentially transition to other types of work if applicable.

In the next series, we will discuss step 4, ”Can you perform past work?”

Am I Eligible For Social Security Disability - Part 2

Christopher Sharry — Sat, 11 Feb 2012 14:52:17 +0000

In the first part of this five part series, we discussed substantial gainful activity at step 1 of the sequential evaluation process and how working affects eligibility to social security disability. In this series, we will discuss how the severity of your medical condition factors in to the eligibility process.

To recap, the Social Security Administration uses the five step sequential evaluation to determine eligibility. If you fail at any step, your claim will be denied.

Step 1 - Are you currently working?
Step 2 - Is your condition severe?
Step 3 - Does your medical condition meet or equal a listed impairment?
Step 4 - Can you perform past work?
Step 5 - Can you do any other type of work?

Step 2

If you are not working, or are working below the subtantial gainful activity level, you will pass step 1 to be evaluated at step 2. At step 2, your condition must prevent you from performing basic work activities for at least twelve (12) months to qualify for activities. If your condition will prevent you from working for less than a year, you will be denied. Private short-term and long-term disability insurance benefits may be available in those situations. The timing of your application may affect the outcome of your claim in some cases. Therefore, it may be wise to consult with a disability attorney to determine when you should apply.

In the next series, we will discuss step 3, “Does your medical condition meet or equal a listed impairment?”

Am I Eligible For Social Security Disability?

Christopher Sharry — Wed, 08 Feb 2012 14:33:14 +0000

As a disability attorney, I hear this question all the time. Unfortunately, there is no easy answer. All disability cases must be reviewed by the Social Security Administration using the five-step sequential evaluation process to determine if a person is disabled. Only after a thorough assessment will a claimant be awarded disability benefits. The five steps are:

Are you currently working? Does your impairment prevent you from performing substantial gainful activity?
Is your condition severe?
Does your medical condition meet or equal a listed impairment?
Can you perform your past work?
Can you do any other type of work?

Step 1:

Substantial Gainful Activity - Generally speaking, if you are working and your gross earnings are at or above the SGA level (currently $1,010) per month, you may be disqualified for benefits. SSA, however, will allow you to deduct medical expenses from your gross earnings if those expenses assist you in being able to work. If you are working part-time, it may make sense to review your earnings and work history to determine if you are at the SGA level. If you are not denied at Step 1, your case is next evaluated at Step 2.

In the next series, we will discuss Step 2, “Is your medical condition severe?”

Massachusetts AED Legislation

Christopher Sharry — Mon, 28 Nov 2011 15:34:20 +0000

I read an interesting post today from the American Heart Association – Massachusetts chapter regarding legislation in Massachusetts that would require automated external defibrillators (AED) in schools. Automated external defibrillators, or AEDs, are a medical product that can be used during sudden cardiac arrest. Sudden cardiac arrest generally occurs when a person’s heart stops beating. Without intervention, a person’s chances of survival can drop 7 to 10 percent for every minute during the time their heart is not beating normally. If the patient is not treated within minutes, the patient can die. Having an AED close at hand can make it possible for anyone trained in their use, including non-medical personnel, to treat a heart attack victim and increase their chances of survival.

Current Massachusetts law passed in 2006 requires AED’s in health clubs. It only makes sense that this requirement extend to all schools and sporting events. I urge everyone, especially those with school aged children, athletes and children with cardiac issues to contact their elected officials to ask for help in passing this important legislation. I’ve included a link to use in contacting your representatives. http://www.yourethecure.org/composeletters_open.aspx?AlertID=23647