Articles Posted in Social Security Disability Insurance

One of the worst physical feelings in the world is being unable to breathe.

There is the immediate, survival-mode panic that accompanies the wheezing, incessant cough, tightening of the chest, cold sweat and virtual inability to communicate.

For chronic asthma sufferers, this is a regular occurrence. Our Boston Social Security Disability Insurance attorneys know that sometimes even with treatment, the symptoms won’t subside. In these cases, the fact that these asthma attacks can and do strike suddenly and without warning can prevent sufferers from having any real ability to work.

Section 3.03 of the Social Security Disability Insurance blue book definitions of respiratory disabilities specifically addresses asthma. The listing allows for disability benefits in cases of chronic asthmatic bronchitis (which is evaluated under the section for chronic obstructive pulmonary disease) or attacks that are severe and frequent despite following prescribed treatments. These attacks must be severe to the point that they require a doctor’s intervention and occur at least one time every two months or a minimum of six times annually.

Anytime an in-patient hospitalization for an asthma attack lasts longer than 24 hours, it is allowed to count as two attacks.

You should also be aware that not every single asthma attack you have is going to count toward your qualification. If you’re able to control your condition with an inhaler or nebulizer, it’s not going to count. But it absolutely doesn’t hurt to list those incidents too, as well as any accompanying proof. It goes to further illustrate the overall impediments to functioning your condition causes.

Having meticulous documentation of these incidents is critical, as the administration requires an evaluation period of at least one year in determining the frequency of your asthma attacks.

In addition to meeting these criteria, our SSDI lawyers have found it is often helpful to have a complete mock-up of information regarding your ability to:

• Walk, stand, lift, sit, push, pull, carry, handle or reach;
• Speak, hear, see;
• Cope with changes in a routine work setting.

Absent fitting this criteria exactly, you could still be eligible for benefits if the administration decides your condition renders you unable to handle basic work functions. if you’re younger than 50, this is generally going to mean your ability to lift up to 10 pounds, walk or stand for up to two hours or sit for six hours during an eight-hour day.

Those with chronic asthma often also suffer from fatigue, an inability to walk very far or very long, lift heavy objects or work in certain conditions where they may be exposed to cold or hot temperatures, chemicals, smoke or dust. These types of limitations can significantly reduce your ability to do the job you already do, as well as other types of work.

Older applicants of often have an easier time securing benefits. But younger folks shouldn’t have to suffer for years in conditions that tend to make their illness worse. An experienced SSDI lawyer can help you explore all your options.
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Earlier this month, the Congressional Budget Office released an update of its annual Social Security and Trust Funds projections, with estimates that disability claims are going to continue to rise sharply.

Boston Social Security Disability Insurance lawyers know that what this means the claims-approval process is only likely to grow more difficult. Each request is going to be met with an intense level of scrutiny, as administrators and hearings judges work to appease the politicians and an anxious public. Those claimants who are not prepared or who have not secured the help of an attorney are going to find themselves at a major disadvantage.

Our concern, especially when reports of people taking advantage of the system are hyped for political leverage, is that people with very real and significant disabilities will get turned down or be forced to wait through long delays.

Although numerous media reports have broadcast the most recent CBO report with a great deal of alarm — noting that “Disability Claims are High – and Rising!” — the actual CBO report indicates that there are currently about 11 million total beneficiaries to the program in December 2012. But we’re also discharging those by a rate of about 8 to 9 percent annually. By 2023, it’s expected there will be approximately 12.3 million SSDI recipients nationwide. Given the fact that this includes the increase attributable to both the baby boomer generation and increasing number of aging women in the workforce – this is truly not that severe.

What’s more, the Social Security Administration released its own report last month, indicating that in all of 2012, the number of approved applications compared the prior year was actually about 4.4 percent lower. It was about 7 percent lower than two years prior.

And in January, approval rates were about 16.5 percent lower than they were in December 2012. If anything, the problem is that people with real disabilities are being denied and forced to endure a lengthy and difficult approval process.

You want to think of yourself in these situations as the plaintiff in a civil case: The burden of proof is on YOU to prove why you should obtain benefits, not on the government to show why it shouldn’t. And that standard of proof is high.

The SSA uses a basic five-step process to determine your eligibility. This includes:

• Whether you are working;
• Whether your medical condition is considered “severe”;
• Whether your medical condition is specifically listed in the agency’s list of impairments;
• Whether you are able to do the kind of work you did before;
• Whether you are able to do any kind of work.

There is no requirement by SSDI that you need to have an attorney, but securing one prior to submitting your claim is one of the best ways you can ensure preparedness that will afford you a good shot at success.
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February is National Burn Awareness Month, so it’s an important time for both employers and workers to take notice and implement potentially life-saving measures that may have previously been overlooked.

Our Boston Social Security Disability Insurance attorneys know that despite the efforts of various advocacy groups, some 5,000 U.S. workers will suffer some type of severe burn at work this year. The U.S. Occupational Safety & Health Administration estimates that approximately 200 people a year die from workplace burns.

It’s not just fires, either. Burns can be caused by electricity, chemicals or radiation. The effects can be severe and permanently disabling, causing damage to the skin, eyes, lungs, throat and sometimes other vital organs.

Some of the industries that have high rates of burn incidents include:

• Construction sites;
• Roofing companies;
• Chemical plants;
• Steel mills;
• Kitchens/restaurants;
• Laboratories.

After seeking immediate medical treatment, one of the first things a worker and his family will need to decide is whether to pursue either workers’ compensation or Social Security Disability Insurance benefits. You could technically file for both, but you should understand that one may affect the other. Our Boston SSDI lawyers also have extensive experience in workers’ compensation claims, so we are well-equipped to help guide you through the process.

A lot of it may depend on where the burn occurred and the severity of it. For example, if the incident clearly occurred while you were on-duty at work, workers’ compensation may be the best route for you. However, if the details of the incident are somewhat less clear or the incident did not happen at work but disabled you nonetheless, SSDI benefits are likely the advisable course. The latter may also be true if your burn injuries are severe and expected to last a long time. In fact, one of the basic requirements for SSDI benefits is that the condition will last at least one year.

Section 8.08 burns in the Social Security Administration’s disability evaluation blue book indicates that in order to qualify, an individual must have either extensive skin lesions or be somehow affecting other body systems.

The first part is fairly straightforward and would likely apply to any serious, third-degree burn on the skin. The second part references cases in which the burn might effect your respiratory, musculoskeletal, neurological or other systems. For example, if you suffer an electrical burn, it is possible that your neurological functions may be significantly diminished. Similarly, if your burns resulted in facial deformities, you could be entitled to benefits under the mental health guidelines.

You would also be considered a good candidate if your doctors expect that over the next year and beyond, you are likely to continue undergoing surgical procedures as a result of your burn injuries.
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