Massachusetts Social Security Disability Lawyers Blog

The Social Security Administration has proposed a change to terminology with regard to “mental retardation,” in line with Rosa’s Law, which was signed by President Barack Obama in 2010. It is named for a Maryland girl with Down’s syndrome.

Our Boston Social Security Disability Insurance lawyers expect this will have little impact on those seeking benefits under Section 12.05 of the agency’s disability listings. In fact, the move is intended to create distance from the negative connotations of the term with improved sensitivity in mind.

In a proposed rule issued late last month, the agency noted its intention to replace the term “mental retardation” with the term “intellectual disability” in its listing of impairments in evaluating claims involving mental disorders in both children and adults.

The qualifications used to measure this disability would remain the same. That is, the person must display a significantly lower general intellectual functioning prior to age 22. Under this listing, there are four potential measurements.

The first is whether the person has a dependency upon others for basic personal needs such as using the bathroom, eating, bathing or dressing and has an inability to follow directions to the point that taking a standardized test is not an option.

The second is whether that person has a valid Intellectual Quotient (IQ) of 59 or less.

The third is whether the individual has an IQ score of between 60 and 70, as well as some other physical or mental impairment that would create a significant limitation to work function.

And the fourth is whether the individual has an IQ score of between 60 and 70 that results in any of the following: significant restrictions in everyday living activities, difficulties in maintaining social functions, difficulties in concentration, pace or persistence or repeated episodes of decompensation.

The only change would be the way in which the agency refers to these conditions. Rather than “mental retardation” or “mentally retarded children,” the agency listing would say, “intellectual disability” or “children with intellectual disability.”

The terminology change was prompted not only by Rosa’s Law, but by increasing pressure from advocacy groups, such as The Arc, whose CEO was quoted by media as saying that such a move is a critical step in the promotion and protection of basic human and civil rights.

A similar rule was proposed back in 2010, but it was ultimately sidelined. Other agencies have already adopted the new terminology, including the Centers for Disease Control and Prevention. The new terminology won’t be officially used by the SSA any sooner than Feb. 27, as the agency must allow at least a month of public comments before it can be formally adopted.

For many people with this type of disability, SSDI benefits are a lifeline that allows them to sustain their basic needs. Many cannot navigate the process on their own, so advocates and caretakers for these individuals should not hesitate to reach out to a disability insurance attorney who is experienced in working to secure and maintain these critical benefits.
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For all the hype of an over-inflated Social Security Disability Insurance program in the U.S., the number of those applying for benefits last year was actually lower than it had been at any time in the last three to five years.

Our Boston SSDI attorneys know that while some are pointing to this as a sign of economic improvement, it may actually be a sign of widespread discouragement among new applicants.

Consider that while about 50 percent of SSDI applications were approved in 1998, only about 33 percent were approved last year. Part of that could be attributed to the extensively backlogged system, as many applications from 2012 are still pending. But the fact is, it’s getting tougher to win.

According to the Social Security Administration, in 2012 some 2.8 people applied for SSDI benefits, with only about 980,000 being approved. This is the lowest its been since 2008 (for approvals) and 2009 (for applications).

This past year, the U.S. economy added about 1.8 million jobs, pushing the unemployment rate down by more than half a percentage point in that same time frame.

An improved economy might explain the decreased SSDI applications to a small extent. In 2011, the White House released findings from the White House Council of Economic Advisers indicating that Americans between the ages of 50 and 65 who lacked access to a savings of at least $5,000 were more likely to apply for SSDI when their unemployment benefits expired than those who did have access to a sizable savings.

However, what was overlooked in all this is the fact that those who have less of a savings may be more likely to have fewer specialized skills that would allow them to continue working in the event of a disability.

For example, an engineer who suffers a severe physically disabling condition may have an easier time finding and continuing to work – and have a bigger savings account – than someone whose full-time work was in manufacturing.

To be sure, the SSDI process can be an arduous one, made particularly difficult without the assistance of an experienced legal advocate. However, white-collar professionals should not consider the option closed to them.

The key to approval is showing that your condition has rendered you unable to do the work you did before and that you would not be able to adjust to other similar positions. So while physical disabilities may be relatively straightforward, someone whose job requires intense concentration, multi-tasking and organization could potentially claim disability for conditions relating to neurological or mental disorders.

However, these types of conditions tend to require a greater amount of detailed medical proof indicating inability to work. Our SSDI lawyers, having extensive experience in this realm, understand what the administration is looking for and can help bolster your chances of a successful claim.

And applicants shouldn’t necessarily be discouraged by a denial. As the numbers above show, most people who go through the process are denied on their first application. But the approval rating increases for those who take the time to appeal that decision.

Amazingly, most people don’t take this step. If you have already been denied and are considering your next step, an SSDI attorney can help you determine exactly why the claim was denied so that you are better-prepared for the review.
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When it comes to securing disability benefits for a long-term illness or ailment, our Boston Social Security Disability Insurance lawyers know that the wait can be excruciating.

As with many government agencies, the Social Security Administration at times moves seemingly slower than molasses – despite the financial urgency experienced by those working to obtain benefits.

One avenue of relief that may be available to those with certain conditions is a Compassionate Allowance. The administration recently expanded its list, which now includes 200 qualifying medical conditions.

Since October of 2008, some 200,000 people have been approved for SSDI through a Compassionate Allowance. These are individuals with serious diseases who may get approved for a condition in days, rather than the months or years it often takes. Primarily, qualifying conditions include certain types of cancers, brain disorders and a few rare conditions that affect children.

Hiring an SSDI lawyer even for these cases can be beneficial in terms of ensuring you have all the proper paperwork regarding medical exams, treatments and medications to ensure a swift approval.

Among the new conditions approved for Compassionate Allowance as of Dec. 1 of last year are:

These are just a few of the 35 new conditions, and a small fraction of the 200.

The administration reached the conclusion to include these diseases through a process that includes public outreach hearings, counsel of scientific and medical experts, comments to local SSDI offices and research conducted by the National Institutes of Health.

All of these conditions have been found to most likely – just by diagnosis – meet the agency’s definition of disability. Generally, meeting this requirement can come down to subjective interpretation, which is why having a lawyer to advocate your case can be so important.

In determining your case, a reviewer with the administration is going to look at the following:

• Are you able to work?
• Is your condition considered severe?
• Is your ailment among the list of potentially disabling conditions?
• Are you able to do the work you did before?
• Are you able to do any other type of work?

What the agency is looking to determine is whether your condition has already or is expected to last at least 12 months (or result in death) and that it prevents you from working.

Again, this can be subjective, and the administration tends to take a hard line when it comes to whether a person is able to work. For example, a person who is rather educated and worked in a less physically-demanding job may have a tougher time securing benefits than someone who is less educated and whose job history includes positions requiring rigorous physical activity. That’s because the agency will look at whether there is any other type of work you may be capable of doing. Someone with more education will be seen as having more opportunities.

Those with conditions listed in the Compassionate Allowances list may have an easier time overcoming these hurdles, but should still consider hiring an advocate to help ensure their rights are protected throughout the process.
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