Are My Social Security Disability Benefits Permanent?

Posted February 16, 2018 by Premier Disability Services, LLC®

SSA Reviewing medical evidence

Contrary to popular belief, Social Security Disability Insurance and Supplemental Security Income benefits are not considered permanent disability benefits. In fact, the Social Security Administration (“SSA”) is supposed to review most cases every three to five years to determine whether an individual remains disabled. However, it is not uncommon for an Administrative Law Judge to recommend that a “younger individual,” which is defined as a person under the age of 50, be reviewed at the end of the first calendar year to see if there is medical improvement.

Historically, SSA had neglected these “continuing disability reviews,” but they are becoming more and more common. SSA has the burden of proving that there has been medical improvement when it comes to a disability review. However, it is not uncommon for SSA to deem that a medical improvement has occurred and stop benefits. You do have a right to appeal and you must read SSA’s notification letters carefully and follow the instructions. Here are some tips to keep in mind in hopes of ensuring a smooth disability review.

  • Continue treating with your medical providers. If you stop treating, it is more likely that your benefits will be stopped.
  • Respond to all notices. Pay attention to the deadlines in the letters that you receive from SSA. When returning requested forms to SSA, make sure you either drop them off at your local office and get a stamped receipt OR send them in by certified mail and request a signature.
  • Get an updated letter of support from your treating specialist if you are in the midst of a review.
  • Make sure SSA receives your updated medical records from your doctor if they are requested. Sometimes doctors fail to respond to SSA’s requests, which can jeopardize your benefits.
  • Finally, be realistic. Some disabilities are permanent, but many are not. If your doctor is telling you to return to work, you may in fact be physically and mentally ready to start working again. Start slowly and make sure you notify SSA if you start earning money at any type of occupation.

Don’t worry. If the medical evidence and objective findings consistently supports that you remain disabled, you will likely retain your benefits. Just remember to make sure that you follow SSA’s directions and if you have any questions about the review process, call your local SSA office for details.

If you or someone you know is unable to work due to a medical condition, please contact us for a free evaluation of your claim!

By: Joyce Trudeau of Premier Disability Services, LLC®

Super Bowl Sunday is this Weekend!

Posted February 2, 2018 by Premier Disability Services, LLC®

Representative Payee Program

Super Bowl LII takes place this Sunday, February 4, 2018, right here in our hometown of Minneapolis, Minnesota at the majestic U.S. Bank Stadium. The Philadelphia Eagles will take on the New England Patriots, with Justin Timberlake performing at half-time. We all hope for an exciting game.

Unsurprisingly, football leads a number of studies as the most dangerous sport. Injuries occur during football games and practice due to the combination of high speeds and full contact. While overuse injuries can occur, traumatic injuries such as concussions and knee or shoulder injuries are the most common. Some ex-NFL players now suffer from an incurable degenerative brain disease called Chronic Traumatic Encephalopathy (CTE), believed to be caused by repeated blows to the head.

You may be able to qualify for Social Security Disability benefits if you have suffered severe physical injuries – even if they were not sustained at work. The Social Security Administration has designated several impairments, including reconstructive surgeries of major weight-bearing joints, spine disorders, amputations, bone fractures, and soft tissue injuries, that may lead to an automatic finding of disability when certain requirements are met. You may also qualify for Social Security Disability benefits if you have sustained a Traumatic Brain Injury under the Administration’s neurological listings (see links below).

Even if your injury does not meet one of Social Security’s listings, you may still qualify for disability benefits if your impairments have (or are expected to) put you out of work for one year or longer. The Social Security Administration will consider whether your conditions prevent you from returning to your past work or any other work available in the regional or national economy.

If you or someone you know is unable to work due to a medical condition, please contact us for a free evaluation of your claim!

By: Thomas A. Klint of Premier Disability Services, LLC®

Complete list of Musculoskeletal Adult Listings: SSA.gov/disability/professionals/bluebook/1.00-Musculoskeletal

Complete list of Neurological Adult Listings: SSA.gov/disability/professionals/bluebook/11.00-Neurological

By: Joyce Trudeau of Premier Disability Services, LLC®

Social Security Disability for Heart Conditions

Posted January 26, 2018 by Premier Disability Services, LLC®

Checking for cardio health issues

American Heart Month begins in February. Heart conditions are among the leading causes of disability in the United States. Certain impairments are considered severe enough to warrant a finding of disability based solely on your condition. These are Social Security’s “Adult Listings” for disability. The most common Listings for heart conditions are:

  • Aneurysm of the Aorta or Major Branches. Regardless of the cause, you will be considered disabled if appropriate medical imaging confirms an aneurysm of the aorta or any major branch.
  • Chronic heart failure. To qualify for disability benefits, your condition must have systolic or diastolic heart failure. Additionally, your heart conditions must fall within given parameters while it is stable. Additionally, you must meet one of the following conditions: Poor performance on an exercise tolerance test, two or more occurrences of heart failure within one year (must have fluid retention and require hospitalization), or symptoms which would limit your ability to work and which would suggest that an exercise test would present a danger to you.
  • Chronic Venous Insufficiency. You will be considered disabled if you have an obstruction and meet one or more of the following: brawny edema which involves 2/3 or more of your leg from the knee to the ankle or 1/3 from your ankle to your hip OR persistent or recurrent ulcerations which fail to heal after being treated for three months.
  • Heart Transplant. You will automatically be considered disabled for at least one year after a heart transplant.
  • Ischemic Heart Disease. To qualify for disability benefits, you must meet one or more of the following: Coronary artery disease (this requires an angiography, medical imaging, and either an exercise test or medical documentation showing why an exercise test would be too dangerous to your health), three distinct ischemic episodes, with each of them needing revasucularization (or in which revascularization is not possible), or an exercise test which shows that you fall within the SSA’s guidelines for complete disability.
  • Peripheral Artery Disease (PAD). Must be shown by medical imaging and fall within the SSA’s guidelines for your blood pressure.
  • Recurrent Arrhythmia. To qualify for disability benefits based on recurring arrhythmias, the medical evidence must show that the condition is not reversible and that it results in near syncope or syncope.
  • Symptomatic Congenital Heart Disease. For symptomatic congenital heart disease, the SSA considers evidence from medical imaging or a heart catheter. They will look to see whether your hematocrit levels and O2 saturation meet with their criteria. You may also qualify if you have right to left shunting or if your systolic pressure is significantly elevated (70% of systemic or higher).

Even if your heart condition does not meet one of the listings above, you may still qualify for disability benefits if your impairments have (or are expected to) put you out of work for one year or longer. The Social Security Administration will consider whether your conditions prevent you from returning to your past work or any other work available in the regional or national economy.

If you or someone you know is unable to work due to a medical condition, please contact us for a free evaluation of your claim!

Adult Listings for cardiovascular impairments: SSA.gov/disability/professionals/bluebook/4.00-Cardio