Brandon, Florida Social Security Disability Attorneys Blog

ALS is on the fast-track for Social Security disability approval

2012-05-16T20:30:45Z

Any Florida resident who has applied for Social Security disability benefits due to a serious illness knows how difficult and lengthy the process can be. While you and your family patiently wait to hear if the Social Security Administration has approved or denied your claim, the financial hardship associated with your medical condition is not put on hold.

As the entire country marks May as National ALS Awareness Month, it is comforting to know that Social Security administrators have taken steps to streamline the process for some of those who choose to apply for benefits. Amyotrophic lateral sclerosis, otherwise known as ALS or Lou Gehrig's disease, is a neurodegenerative condition that currently affects 30,000 Americans and their families.

]]> ALS is characterized by a gradual deterioration of motor function that ultimately results in death. The disease progresses as the neural pathways between the brain and spinal cord slowly lose function.

Since 2008, the SSA has formulated a list of over 100 illnesses that fall under the "compassionate allowances" designation. Fortunately for those with the conditions included on the list, the process for approval of disability benefits is streamlined. Using medical information technology, the time for approval is shortened for those who have a medical condition that clearly meets federal criteria for a disability.

This is welcome news for those who suffer from ALS, or any of the other conditions covered by the compassionate allowances initiative. Rather than worrying about the time it takes to receive benefit payments, those dealing with a serious medical condition can focus their energy on staying as healthy as possible.

As you and your family prepare to submit an application for SSD benefits, it may be helpful to know if the SSA's initiative is inclusive of your illness. When making this determination, it will likely be helpful if you pursue the advice of a knowledgeable professional to ensure you submit the appropriate documentation to meet the federal government's disability criteria.

Source: The Daily Nonpareil, "Faster disability approval for people with ALS," Denise Jones, May 13, 2012

Lagging economy puts a strain on disabled workers

2012-05-09T14:09:28Z

According to the most recent federal statistics, unemployment among the disabled community sits at 16.9 percent, which has climbed significantly over the last few years. This comes as a result of a tight job market that has fewer and fewer job opportunities for those living with a disability. At the same time, record numbers of Americans are applying for disability benefits to compensate for a lack of income.

This problem has become all too evident for one 60-year-old Florida man. As the recession hit, the man lost his job as a tow-truck driver and began to collect unemployment. However, his medical condition, chronic obstructive pulmonary disease, made it very difficult for him to find a job. He then made the decision to apply for Social Security disability benefits.

]]> After five months, he finally received his first disability check. The Florida man is certainly not alone: He joins 1.6 million other people who have filed for SSDI benefits since the recession hit in the fall of 2007. Applications for benefits are still coming in at a record pace.

The weak job market has put many people in a difficult situation. People are in a position where they have a desire to work, but circumstances outside their control prevent them from doing so. With the right advice, a person whose disability is preventing them from holding a job has a better chance of securing the benefits they need to help cover basic expenses.

It's abundantly clear that the effects of the economic recession have been far reaching. As the economy continues to recover slowly, it will be important for those living with a chronic condition or injury to understand what options they have when it comes to receiving benefits.

Source: Bloomberg, "Disabled Americans Shrink Size of U.S. Labor Force," Alex Kowalski, May 3, 2012

Study reveals unwelcome news for young people with diabetes

2012-05-01T21:58:00Z

For many years, Type 2 diabetes was almost exclusively known as "adult-onset diabetes." Yet since the 1990s, an increasing number of children and teenagers in Florida have been developing the medical condition. In some cases, this malady can be regulated with diet and exercise.

Unfortunately, a recent study shows that Type 2 diabetes is increasingly becoming resistant to traditional treatments. Knowing this, young people are being exposed to the possibility of a great number of physical impairments down the road, such as amputation and loss of eyesight. This could create serious problems for any of individuals with diabetes who wish to maintain a career and steady income.

]]> The study showed that there is an increasing number of children developing Type 2 diabetes. While obesity is typically associated with contracting this condition, medical researchers are linking other factors to the disease in young people. For many, the condition is a genetic in nature, as some individuals have a higher propensity gain weight.

Perhaps the most frightening aspect of this study is that doctors are not entirely sure why treatments are becoming less effective for young people. One theory is that as children go through puberty, the increased hormone levels in their bodies interfere with their treatments. The study also showed that oral diabetes medications were almost entirely ineffective in some young patients, where they are usually effective in adults under similar conditions.

Not only are doctors worried that this may cause problems down the road, but they are worried that as diabetes becomes more severe for young people, they will begin to develop diabetic complications much earlier in life.

Diabetes is a life-long struggle for many people, but can be regulated. Yet diabetes can cause life-altering complications, which can severely limit physical mobility and make performing a job difficult or impossible. In these cases, investigating your options, such as receiving Social Security Disability benefits, may be a worthwhile venture. If you decide to pursue these benefits, it is very important that you fill out the paper work accurately and provide all the necessary documentation. First applications are frequently denied, often due to an error in the application. The important thing is not to get discouraged: There are ways to increase the chances that your application will be accepted.

Source: The New York Times, "Obesity-Linked Diabetes in Children Resists Treatment," Denise Grady, April 29, 2012

New medical test could make life better for those with depression

2012-04-24T20:45:07Z

Depression is a real illness with mental and physical symptoms. Even though the medical community has made strides in determining the causes of depression and developing treatments over the last few decades, there is still a stigma and skepticism surrounding mental conditions, particularly depression. This fact can make life particularly difficult for those in Florida who are struggling with depression.

As it currently stands, there is no perfect test to diagnose depression. As a result, mental health professionals rely on a series of questions and the symptoms their patients describe to determine whether or not someone has depression. This method of diagnosis is effective to a point, but cannot always determine the type of depression a person may have, which makes treatment slightly more difficult.

]]> Furthermore, with no definitive medical test to diagnose depression, it can become difficult to verify a doctor's diagnosis. This could make it difficult for individuals with debilitating depression to apply for Social Security Disability benefits. For some, their depression is so severe that they are unable to work until they are healthy. Having verifiable medical evidence that a person has depression could improve the likelihood that an application for disability benefits is approved.

Fortunately, medical researchers may be on the verge of a major medical breakthrough in the diagnosis and treatment of depression. According the Northwestern School of Medicine, a nationally-known educational institution, a simple blood test has been shown to indicate depression in teenagers. The blood test reveals genetic markers that are associated with depression and can reveal the specific type of depression a person may have. Scientists believe this technique could work for adults too.

If this blood test proves to be effective, those with depression would have some sort of verifiable evidence to demonstrate that they are living with a medical condition. This innovation could mitigate societal skepticism over the realities of depression and help to make the condition more widely understood. Moreover, it could help individuals achieve the societal support they desire.

Source: USA Today, "Depression blood test for teens may lead to better treatment, less stigma," Ryan Jaslow, April 17, 2012

Brain injuries among high school football players on the rise

2012-04-17T20:56:25Z

High school is supposed to be a time during which teenagers discover and begin to develop their talents. Some students discover their passion for science or literature, while others hone their athletic skills. In Florida, football is a very widely-followed sport, even at the amateur level. Though football games can be entertaining, the number of high school football players who sustain a catastrophic brain injury while playing is on the rise.

According to the National Center for Catastrophic Sports Injury Research, a total of 13 high school football players received life-altering brain injuries during the 2011 season, which is highest number since the organization started collecting data nearly 30 years ago. This alarming statistic comes amidst serious efforts to reduce the number of brain injuries in high school sports through education and rule changes.

]]> Beginning in 1976, there were rules against making the head an initial point of contact during game play. Brain injuries most often occur when blocking or tackling utilizes the head as the initial point of contact. Six injuries to player's cervical injuries, without a complete recovery, were also caused by improper contact last year. The lead author of the report indicated that these rules must be more vigorously enforced by officials and coaches must do more to teach their players proper techniques.

Obviously, dealing with catastrophic injuries at such a young age can be devastating for players and their families. The injuries might be serious enough that regular doctor's visits are required or constant medical care is necessary. This dynamic can place a serious emotional and financial strain on a family. Fortunately, the families of minor children, or the children themselves, who suffer an incapacitating injury may be eligible for Social Security Disability or Supplemental Security Income benefits.

In the unfortunate event that a Florida family is dealing with the realities of a serious sports-related injury they should gather all the information regarding the possibility of obtaining financial assistance. This type of injury can change a family's financial situation overnight. If they successfully apply for SSD benefits, the costs of medical treatments and appointments can be defrayed and they can provide the care their loved one needs.

Source: The Charlotte Observer, "High school football brain injuries increasing," Tim Stevens, April 16, 2012

Man cannot sue for Social Security Disability record sharing

2012-04-10T21:52:17Z

Whenever someone in Florida is stricken ill and can no longer function in the same way they could before their diagnosis, it becomes hard to maintain a steady job. At the same time, medical bills begin to pile up, so it can be a very physically and financially difficult period of time for those who suffer from various forms of illness. In these cases, people may consider filing for Social Security Disability or Supplemental Security Income benefits for financial assistance.

One man, who has been diagnosed with HIV, probably never imagined his illness would cause him to become involved in a lawsuit that would make it to the U.S. Supreme Court. After contracting HIV, the man applied for Social Security benefits. Meanwhile, he was a Federal Aviation Administration licensed pilot and was required to pass physical fitness tests to maintain licensure.

]]> Up until a few years ago, the FAA would not grant certification to those with HIV, so the man did not disclose his illness to the agency in order to maintain his employment. Eventually, the FAA found out the man had HIV because they obtained the records from the Social Security Administration.

Knowing that the SSA shared his private medical records, the man filed a claim against the agency for emotional distress under the guise of federal privacy laws. The man's claim was contested all the way up to the nation's top court, where it was determined that the statutes do not allow for emotional damage lawsuits. Despite this ruling, three of the justices believe that the ruling works against the intent of privacy laws.

On top of everything else, the man was still convicted of a misdemeanor charge for providing false information.

Living with a serious illness, such as HIV or AIDS, can be very costly and can leave someone unable to work within a very short time span. Those who are dealing with the reality of HIV or AIDS should consider their options regarding disability benefits. The man involved this case has a lot on his plate, and his health problems may prevent him from providing for himself or loved ones. Hopefully, the man finds the help he needs in order to manage his illness as best as possible.

Source: The Washington Post, "Supreme Court says man can't sue government for emotional damage over records sharing," March, 28, 2012

Social Security statements to go online

2012-04-06T13:57:02Z

Anyone reading our blog post online obviously has access to a computer and no problem looking for information online. This may be something that many people take for granted, but there are those who simply do not have this capability. There can be a multitude of reasons for this inability including financial reasons that leave individuals without a computer or easy access to one. Other reasons might include a disability that would prevent someone from being able to use a computer or search for information that they may need access to online.

Apparently, Congress and those at the Social Security Administration do not understand this type of hardship for the disabled and are moving toward an online system for Social Security. In fact, many offices throughout the U.S. have closed within the last year, and the Social Security Administration has ceased mailing annual statements of projected benefits to all recipients, including those in Florida.

]]> These paper statements were helpful, not only to outline each individual's projected Social Security benefit amount, but to remind people that Social Security is so much more than simply a retirement aid. The statements included information concerning Social Security Disability benefits, along with survivors' benefits.

These statements were instituted by an act of Congress more than 20 years ago. Were online statements something that Congress had envisioned? Is the government placing disabled individuals or others without computer access at a disadvantage by now only supplying this information online?

Not receiving the paper statements may not affect someone's Social Security Disability benefits or other benefits provided by the SSA, but it is just another way of placing the disabled at a disadvantage.

Source: Los Angeles Times, "An Antisocial move by the Social Security Administration," Michael Hiltzik, March 20, 2012

Bipolar disorder is subject to common misconceptions

2012-03-28T21:47:26Z

Even though we have forged into the 21st century, there are still many things that are misunderstood about frequently diagnosed medical conditions. At the same time, a lack of reliable information has allowed society to develop significant misconceptions of what exactly certain conditions are like. This is especially true for those dealing with mental illness. In the worst cases, those dealing with mental illness are essentially prevented from functioning regularly on a day-to-day basis, which puts them in a situation to consider filing for Social Security Disability benefits. Yet there are people living with mental illness that can perform well in work and social settings most of time.

One mental illness that is not particularly well-understood is bipolar disorder. While popular perception may imagine those with mental illnesses as simply "crazy," that is not the case for those with bipolar. The disorder is characterized by frequent, or sometimes infrequent, fluctuations between depressive and manic states. When a person is in a manic state, they act frantically, require little sleep and are subject make poor decisions.

]]> Despite common conceptions, the reality is that many people living with bipolar can succeed in the workplace. In between depression and mania, people may have long periods of stability, during which they appear no different than those without a mental illness.

Though a bipolar disorder diagnosis does not automatically mean that someone cannot function well enough to hold down a job, there are cases in which people are debilitated by the illness. Regularly fluctuating between severe depression and mania can make it impossible to bring home a regular income, which obviously makes maintaining any sort of lifestyle rather difficult. For those in this situation, filing for Social Security Benefits for Mental Conditions may be a viable option. This way, those individuals can have a dependable source of income to be able to pay for essential items.

More than anything else, society as a whole would benefit greatly from learning more about how mental conditions affect different people in different ways. Every individual's experience with a mental condition is different. Hopefully, as medical professionals learn more about bipolar disorder and other illnesses, there will be greater overall acceptance of those living with a mental illness.

Source: The Huffington Post, "What Does Bipolar Disorder Really Look Like?" Tracey Marks, M.D., March 21, 2012

Families of autistic children may be entitled to disability benefits

2012-03-22T14:04:28Z

Medical researchers are doing their best to understand the intricacies of autism, a frequently misunderstood developmental disorder. While there certainly have been advances in the ways to educate and care for children with autism, Florida families usually make sacrifices in order to provide for those with autism. Oftentimes, parents will forego employment opportunities in order to provide necessary care, which can affect the welfare of the entire family. Knowing the challenges that these families go through, they may be entitled to receive a Social Security Disability benefit.

Recently, the national Center for Autism Research looked at the financial impacts that an autism diagnosis can create for families. According to the study, which accounted for various factors that could skew the results, mothers of autistic children are often the ones that make the most sacrifices to care for their child. Overall, mothers of children with autism were six percent less likely to have a job. This statistic is reflected in the finding that households with autistic children earn nearly $18,000 less in annual income.

]]> The consequences of bringing in significantly less income can be far-reaching for families. Parents of children with autism only want the best for their children, so they try to do what they can to provide therapy and other educational opportunities that will allow their children to be happy and healthy. The costs associated with pursuing such treatment and care is costly, so that can place additional financial strain on these families.

Parents of autistic children place the interests of their children first, which is why they often struggle financially. Fortunately, there may be relief for these Florida families who have trouble making ends meet. Families may be able to receive Social Security Disability benefits or Supplemental Security Income payments. Unfortunately, the process to obtain these benefits can be long and confusing, so it is important to gather as much information as possible about eligibility requirements and the application process. By receiving this kind of financial benefit, families can get the relief they need to continue to help their children thrive.

Source: Reuters, "Moms of autistic children work less, earn less," Frederik Joelving, March 19, 2012

Returning veterans suffering from mental conditions find support

2012-03-14T20:50:32Z

As many veterans return to Florida and their families, they often experience hardship adjusting to their lives back home. This is especially true if they were injured or impaired during the course of their service overseas. The Equal Employment Opportunity Commission has updated their guidelines for including veterans in the Americans with Disabilities Act. Highlighting the complications associated with combat-related mental conditions may also help veterans obtain the Social Security Disability benefits they may need.

Suggestions as to how employers can make accommodations for veterans suffering from post-traumatic stress disorder or traumatic brain injuries are detailed in the new guide released by the EEOC. By establishing these guidelines, workplace discrimination based on these mental conditions can be prevented. The EEOC documents also inform veterans of the other legal rights they have when dealing with post-combat impairments.

]]> These clarifications come at a critical time for veterans, as over 3 million have returned from overseas service during the last 10 years. These veterans have faced significant challenges entering the workforce, which is reflected in their elevated unemployment rate. Making the adjustment to civilian life and the working world is particularly challenging in the cases that veterans return to the states with PTSD or some other medical condition.

In some cases, a brain injury or PTSD suffered as the result of military service can leave veterans unable to function normally from day to day. This type of situation is not only tremendously difficult for the veterans themselves, but also their families. When a person is unable to hold down a job, they may find difficulty paying for the bare necessities, such as food and housing.

When a veteran is suffering from a debilitating mental condition, they may be able to file a claim for Social Security Disability benefits. In the situation that veterans are prevented from working for at least a year due to their mental condition, they may be eligible for this type of benefit payment. This process to apply for disability benefits can be long and confusing, in addition to requiring various forms of documentation. Seeking help from a trusted professional can help ease the stress associated with the disability benefit filing process. Providing disability benefits is one of the many ways society can show support for those who bravely served in combat.

Source: Bloomberg, "EEOC Updates Agency Publications On Rights of Veterans With Disabilities," Kevin P. McGowan, Mar. 5, 2012

Campaign aims to raise awareness of intellectual disabilities

2012-03-07T22:39:43Z

As many as 200 million people worldwide are living with intellectual disabilities. This segment of the population has often had trouble gaining the acceptance and respect of society as a whole. Though intellectual disabilities may not prevent people from exercising talents, these types of disabilities can affect a person's ability to earn a livable income. As such, those in Florida living with intellectual disabilities may be entitled to Social Security Disability payments.

Currently, a serious global effort led by the Special Olympics is underway to change how the general public uses offensive and dehumanizing language directed toward those living with intellectual disabilities. Far too often, people casually throw around the words "retard" and "retarded" without realizing the negative impact it can have on those living with a disability. The Special Olympics is strengthening their objective by raising awareness of hurtful language with "Spread the Word to End the Word" day, which is held every year in March.

]]> Through their work, the Special Olympics organization hopes that people living with intellectual disabilities will gain additional respect and acceptance into society. Whether or not people intend to be offensive with their language, using insensitive words can degrade and dehumanize certain groups of people.

This campaign highlights the importance of universal respect for all people, no matter their abilities. As a society, we should take great care to act intentionally in order to uphold the dignity of everyone we encounter. In addition to a campaign stressing the need to use respectful language, promoting one's ability to file a claim for Social Security Disability benefits is a way we can lend support to those living with intellectual disabilities.

Source: The Washington Times, "Watch your language: Stop using the R-Word," Laurie Edwards-Tate, Mar. 5, 2012

Cardiac illness leaves Florida woman disabled

2012-02-29T22:17:45Z

Even though American Heart Month is drawing to a close it's always a good idea to be aware of the various heart ailments that affect so many people. Not everyone is lucky enough to experience a full recovery from heart ailments. Sometimes individuals are left unable to function in the way they would like after suffering from heart trouble. As such, those in Florida who are disabled by a circulatory condition may be able to receive a Social Security Disability benefit for their illness.

One Florida woman's life was turned upside down when she suffered an unexpected, but serious, cardiac trauma. After this ailment developed, she was left with heart stents, hypertension, angioplasty and high blood pressure. Though she desired to return to life as usual, she was unable to work. However, she immediately decided to do something about her condition: She applied for Social Security Disability benefits. Within nine months she was receiving monthly payments for her debilitating medical conditions.

]]> In Florida, nearly 490,000 individuals are receiving disability benefits. The intent of these benefits is to provide support to those who are left unable to work, due to an illness or medical condition. Cardiac-related disorders are the fifth most common reason people are awarded benefits.

The Florida woman was lucky that her first application went through successfully. Unlike her claim, about two-thirds of initial claims are rejected. The most common reason for first-time rejection is that the complicated paperwork is not properly filled out.

Applying for Social Security Disability benefits is often a long and complicated process, so it's reassuring to know that there is help for those who need it. If you believe a cardiac condition or some other illness has left you unable to work, then you should consider applying for benefits. In order to improve the chances that your application will be accepted, and to learn more about the benefit program, it may be helpful to seek professional advice. After all, it is important for us to do what we can to support those suffering from severe cardiac ailments.

Source: Tampa Bay Tribune, "Raise awareness about cardiac-related illness," Jim Allsup, Feb. 28, 2012

Children's Social Security Disability benefits under scrutiny

2012-02-24T14:09:37Z

Social Security Disability benefits are often essential for those who are disabled and can't work. Children who are disabled might also need special care which can cost parent's hundreds or thousands of dollars each month, some of which might be paid for by Social Security Disability benefits. Supplemental Security Income can help parent's pay for their children's needs.

The Social Security Administration will soon start a study about fraud and abuse of children's Supplemental Security Income benefits. The administration says that the program allocates $10 billion in benefits each year, but it is worried that some families are receiving benefits even though they might not need them. Caution should be used when evaluating disabilities as many times the benefits received are crucial for a family to properly help their loved ones.

]]> Two decades ago the U.S. Supreme Court ruled on guidelines for children's Social Security Disability benefits, but the standards that came out of that case often don't take into consideration a child's inability to articulate their disability.

This means the child might have difficulty with something in life, but they aren't able to tell those evaluating a disability claim what exactly they are feeling. It's unclear what the study to be conducted will find, but it is important that the administration approach the issue of taking benefits from children with caution. Some cases deal with extremely complex issues which may be misunderstood upon first review. Those who have had benefits denied or taken away should know that there are options to pursue benefits through appeal.

Source: MassLive, "Social Security and Supplemental Security Income for children raise questions for U.S. Rep. Richard Neal," Jim Kinney, Feb. 13, 2012