Social Security Disability Lawyer Blog

Social Security Disability and the Sleep Disorder Narcolepsy

Tue, 15 May 2012 11:22:17 -0500

Narcolepsy is a neurological disorder characterized by periods of extreme daytime sleepiness. People who have narcolepsy typically have trouble sleeping at night. Some people who have narcolepsy fall asleep suddenly, even while they're talking, eating or engaging in other activities.

Most people are in the non-rapid eye movement (NREM) sleep phase when they fall asleep and then move into the rapid eye movement (REM) phase after about 90 minutes. During the REM sleep phase, dreaming occurs and your muscles go limp, so you don't act out your dreams. People who have narcolepsy fall into REM sleep quickly and have vivid dreams. They often have a hard time functioning at work, school, and other social situations because they feel extremely tired all the time. Narcolepsy sufferers may also experience a condition known as cataplexy, which is characterized by a sudden loss of muscle tone while you're awake. Other symptoms of narcolepsy include hallucinations and sleep paralysis, which prevents you from moving or speaking while waking up and sometimes while falling asleep.

Narcolepsy is a rare condition that is not one of the Social Security Administration's (SSA's) listed impairments. Since narcolepsy isn't a listed condition, the SSA will look at whether your symptoms are "equal to" a different condition that is listed. In some cases, the SSA has found that narcolepsy equals one of the listings for epilepsy. For example, if you have narcolepsy and suffer from frequent sleep attacks, your condition may be considered equal to the listing for non-convulsive epilepsy. In order to be considered equal to non-convulsive epilepsy, however, your narcolepsy must cause you to suffer from at least one episode per week despite the fact that you've taken the required medications for at least three months. Treatment for narcolepsy may include tricyclic antidepressants, amphetamine-based drugs, and behavioral adjustments.

Gather medical, employment, and personal observations to support your claim. Make sure to provide the SSA with the following when you apply for disability benefits:

Statements from your treating doctor describing how long each sleep attack lasts and how often they occur

Statements from your treating doctor explaining whether you've followed all prescribed treatment

Results from tests you've undergone

Written statements from former co-workers and supervisors

The SSA doesn't see narcolepsy cases often, so it's important to provide as much information and evidence possible in order to educate disability examiners about narcolepsy and its debilitating effects. The SSA will look at all of the evidence in your file to determine your residual functional capacity (RFC), which dictates what type of work you're capable of doing and what your limitations are. If the SSA decides that, based on the severity of your narcolepsy symptoms, there is no job you are capable of performing, you will be eligible for disability benefits under a "medical vocational allowance."

Need Help Applying for Social Security Disability Benefits?

If you have narcolepsy and need help applying for Social Security disability benefits, contact Georgia Social Security disability attorney Louis B. Lusk. Based in Atlanta, Louis B. Lusk and his team can help you determine whether or not you qualify for disability benefits, and if you do, assist you in applying for and winning the benefits to which you're entitled. Call (800) 883-7043 or fill out our online contact form to set up a free consultation.

Social Security Disability and Vision Impairment

Thu, 03 May 2012 10:47:00 -0500

Are you or is someone you love unable to work because of blindness or vision impairment? If so, you may be able to obtain disability benefits from the Social Security Administration (SSA). The SSA pays disability benefits to the vision impaired under two programs: the Supplemental Security Income (SSI) program and the Social Security Disability Insurance (SSDI) program. You may qualify for either SSI or SSDI benefits if you're legally blind. The SSA considers you legally blind if your vision cannot be corrected to better than 20/200 in your better eye and if your visual field is 20 degrees or less in your better eye. Many people who are legally blind still have some sight and can read large print and get around without a cane or guide dog.

Even if you're not considered legally blind, you may qualify for disability benefits if your vision problems alone or your vision problems combined with other health issues prevent you from working. In order to qualify for benefits under the SSDI program, you must have worked long enough in a job and paid Social Security taxes. You need not have worked to qualify for benefits under the SSI program, but your income and resources must fall under a certain limit.

Special Social Security Rules for the Blind

If you're legally blind, there are special rules that the SSA applies in your situation. For example, the monthly earnings limit for blind people is higher than the limit that applies to non-blind disabled people. In 2012, the monthly earnings limit for blind people is $1690, whereas the monthly earnings limit for non-blind disabled workers is $1010. Furthermore, if you're blind and self-employed, the SSA does not evaluate the amount of time you spend working in your business like they do for non-blind people. This means you can still work long hours and receive disability benefits, as long as your income doesn't exceed the monthly earnings limit.

If you're over the age of 55 and legally blind, your ability to work is determined differently than it is for people who are not blind. For example, if a non-blind person over the age of 55 performs work that requires a lower level of skill and ability than what he was doing before he reached the age of 55, his benefits are only suspended, not terminated, when his earnings exceed the monthly earnings limit. In any month that his earnings fall under the monthly earnings limit, the SSA pays him disability benefits.

How an Atlanta Social Security Disability Lawyer Can Help You with Your Claim

Are you legally blind? Do you have a vision impairment of some kind? The rules regarding SSI and SSDI benefits are intricate and confusing, especially if you're blind, because so many special rules apply. An Atlanta Social Security disability lawyer can review your case and help you obtain the benefits that you and your family deserve. To set up a free consultation with Atlanta Social Security disability attorney Louis B. Lusk, please call (800) 883-7043 or fill out our online contact form.

SSI Disability and Your Assets

Thu, 26 Apr 2012 11:07:01 -0500

Are you wondering if your assets will matter when you file your Social Security disability claim? Well, it depends on which Social Security disability program you're going to apply for: Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

SSI is a need-based program, so your income and assets will be evaluated when you file your claim. On the other hand, SSDI benefits are based on having worked for a minimum period of time and having paid a minimum amount of cash into the system (typically through payroll check deductions). In other words, the availability of SSDI benefits is based on whether you earned a sufficient number of work credits over the last several years. When you apply for SSDI, your assets aren't considered an issue, so there is no limit to the amount of resources or cash you have.

SSDI benefits are considered by the government to be a form of social insurance, so they have a number of features similar to private insurance plans. For example, the SSDI program has something similar to an elimination period, except it's called a five month waiting period. SSDI benefits are paid on the sixth full month after the date your disability began - you're not entitled to benefits during the waiting period.

If you become disabled and you're not insured for SSDI, you can apply for SSI. To be eligible for the SSI program, however, you must have a low income and few assets. If you have substantial assets, you will not qualify for SSI benefits. Currently, the asset limit for SSI applicants is $2000 in countable assets. If the claimant is married, the asset limit is $3000. Countable assets include the following:

Fair market value of vehicles other than your primary vehicle

Balances in savings accounts

Excess burial plots

Excess property

Revocable trusts

Cash value in life insurance policies (over $1,500)

Stocks and bonds

Household goods and personal effects (over $2,000)

The Social Security Administration (SSA) will count these assets against you if you apply for SSI benefits. If you're over the asset limit, the SSA won't fully evaluate your application to determine whether you're medically eligible - you'll simply get a "technical denial" of benefits. Assets that aren't countable include your primary home, primary vehicle, irrevocable trusts, burial plot, and checking account balances you use to pay the bills.

Have Any Questions about the Asset Limit?

If you aren't sure whether or not you're over the asset limit, set up a free consultation with Atlanta Social Security disability lawyer Louis B. Lusk. We'll evaluate your claim and determine whether you should apply for SSI, SSDI or both. Call (800) 883-7043 or fill out our online contact form to get in touch.

Why Some Social Security Disability Claims Are Denied

Wed, 11 Apr 2012 14:03:19 -0500

Millions of people apply for Social Security disability benefits on an annual basis but out of those millions, only a small percentage actually receives benefits. The majority of applications are denied at the first stage of the claims process. Here are some common reasons why Social Security disability claims fail.

You're Receiving Unemployment Benefits

If you're receiving unemployment benefits, you're unlikely to be granted Social Security disability benefits because unemployment benefits are provided to individuals who are ready, willing, and able to work - not to individuals who have disabilities that interfere with their ability to work.

You Won't Be Disabled for More Than 12 Months

If your disability won't last more than 12 months, your claim for Social Security disability benefits will be denied. Your disability has to prevent you from working for 12 months or more if you want to be granted disability benefits.

There's a Lack of Medical Evidence

Many Social Security disability claims are denied because of a lack of medical evidence. If you want to qualify for Social Security disability benefits, there needs to be medical evidence that your disability has interfered with your ability to work. So, make sure that your doctor documents how your disability impacts your ability to work.

Your Income Exceeds the Substantial Gainful Activity Amount

It's acceptable to continue working part-time and earning money when you apply for Social Security benefits, but you won't qualify for benefits if your income exceeds the Substantial Gainful Activity (SGA) amount. The monthly SGA amount for 2012 is $1690 for blind individuals and $1010 for non-blind individuals.

You're Under 50 Years of Age

Age also impacts the Social Security Administration's (SSA's) disability determinations. If you're under 50 years of age, you're considered a younger individual, and it's more difficult to get Social Security disability benefits. The SSA is more likely to grant individuals over the age of 50 a favorable decision because it considers various factors, like exertional requirements and the transferability of skills from previous employment. Because of age discrimination and the difficulty of vocational adjustment for older people, claimants over the age of 50 tend to be more successful in obtaining disability benefits.

You've Been Convicted of a Crime

If you were injured while committing a felony and were convicted of the crime, the impairment suffered or the worsening of an existing impairment cannot be used as a basis for applying for Social Security disability benefits. The same holds true if you were injured while in prison, although it may be possible to receive benefits once you get out of prison.

Your Disability Is Related to Substance Abuse and Addiction

If drug addiction or alcoholism is a contributing factor to your disability, you will be denied Social Security disability benefits. When reviewing your claim, the SSA will evaluate whether you would still be disabled if you stopped using drugs or alcohol.

Applying for Social Security Disability Benefits in Georgia?

The process of applying for Social Security disability benefits can be long and difficult. Increase your chances of winning benefits by having your application reviewed by Georgia Social Security disability lawyer Louis B. Lusk. To schedule a free consultation, (800) 883-7043 or fill out our online contact form.

Social Security Disability and Mental Health Problems

Tue, 10 Apr 2012 09:44:33 -0500

If you have a medically determinable mental illness and cannot work, you may qualify for Social Security disability benefits. Contrary to popular belief, there are no specific mental diagnoses that will guarantee the approval of disability benefits. The Social Security Administration (SSA) ultimately bases its decision upon your residual functional capacity, or the most you can do despite your limitations.

The SSA will evaluate your medical records, the requirements of your previous jobs, and your ability to perform other types of work in order to make its decision. The SSA will also evaluate your ability to function on a sustained basis, the amount of supervision you require, and your ability to function independently, appropriately, and effectively. Furthermore, your mental illness must have lasted or be expected to last for a continuous period of at least 12 months for you to be eligible to receive Social Security disability benefits.

Your functional limitation will be rated in the four following areas: social functioning, daily living, concentration, and episodes of increased symptoms. If your mental condition causes you to suffer limitations in at least two of these areas, evaluators will then try to determine if you meet or equal a mental impairment listing in the Social Security disability handbook, also known as the Blue Book. If they determine that you meet or equal a listing, you will be approved for benefits. The SSA divides mental health disabilities into the following nine categories:

1. Organic disorders - disorders stemming from brain dysfunctions that result in physical or behavioral abnormalities
2. Affective disorders - disorders that cause a prolonged disturbance of mood, as well as a partial or full manic or depressive syndrome
3. Mental retardation - disorders characterized by a significantly below-average level of general intellectual functioning
4. Personality disorders - disorders characterized by long-term, harmful personality traits that lead to significant functional impairments in social and work settings
5. Substance addiction disorders - disorders that cause behavioral and physical changes associated with the abuse of substances that affect the central nervous system
6. Autistic and other developmental disorders - disorders characterized by developmental deficits of social interaction, imaginative activity, and verbal and nonverbal communication skills
7. Somatoform disorders - disorders that cause physical symptoms for which there are no known physiological mechanisms or organic findings
8. Schizophrenic, paranoid, and other psychotic disorders - disorders characterized by the onset of psychotic features and deterioration from a previous cognitive level
9. Anxiety-related disorders - disturbances caused by an attempt to resist obsessions or compulsions or master symptoms

If you believe that one of the above disorders has prevented or will prevent you from working for at least 12 consecutive months, set up a free consultation with Atlanta Social Security disability lawyer Louis B. Lusk today. Even if your mental condition does not fall into one of the above categories, you still may qualify for benefits if your condition is disabling enough to affect your ability to engage in substantial gainful activity.

We can assist you in determining whether you qualify for disability benefits and help you prepare your application. Contact us for more information by calling 800.883.7043 or filling out our online contact form.

How S.S.A. Decides if You Can Do Your Past Work

Mon, 26 Mar 2012 11:30:35 -0500

The Social Security Administration (SSA) uses a five-step sequential evaluation process to determine if you are disabled. In step four of this process, the SSA looks at whether you can perform past relevant work. This is an important step in the evaluation process because your claim will be denied if the SSA determines that you can perform past relevant work.

If you're applying for Social Security disability benefits, it's important to fully describe the requirements of jobs you performed in the past in your work history report. For example, you should take note of standing, lifting, stooping, kneeling, speaking, hearing, vision, and other requirements. The SSA will compare the demands of your recent past work with their assessment of your remaining ability to do basic work activities. If the SSA finds that any job skills you have can be transferred to skilled or semi-skilled jobs that you are still able to do, you may have problems with your claim.

What Is Past Relevant Work?

Past relevant work is typically work that you performed in the last 15 years, work that you did long enough to learn how to do, and work that involved significant and productive mental and physical activities for pay or profit. Jobs that you performed more than 15 years ago aren't considered because they are too far back in the past to be relied on for employment now or in the future.

The SSA will evaluate your ability to perform the physical and mental activities that were required in your previous jobs. It is your responsibility as a claimant to ensure that the SSA gets the information they need about your work history. The SSA wants to know when your medical condition began to affect your ability to work, whether you became unable to work because of your condition, and when and why you stopped working.

If the SSA determines that you are able to do past work but you cannot find a job doing that work, they will still find that you are not disabled. The SSA only evaluates your ability to do the physical and mental activities you were required to perform in your past work and doesn't consider whether you would be hired, whether job openings exist, whether you would be required to move, whether you have a current certificate or license to do the work, and whether you want to do the work.

Wondering if You Are Still Considered Able to Perform Past Work?

If you're applying for Social Security disability benefits and want to determine whether your past relevant work experience would prevent you from winning your claim, contact Atlanta Social Security disability lawyer Louis B. Lusk. Call 800.883.7043 or fill out our online contact form to set up a free consultation today.

Social Security Disability and Multiple Sclerosis

Mon, 05 Mar 2012 11:55:16 -0500

Multiple Sclerosis, also known as MS, is an autoimmune disease that affects the brain and spinal cord. MS results in a loss of muscle control, balance, vision, and sensation. If you have MS and are unable to work because of an MS-related impairment, you may qualify for Social Security disability benefits. People who apply for Social Security disability benefits with MS typically experience one or a combination of the following symptoms:

 Difficulty seeing
 Difficulty walking
 Side effects of medication
 Difficulty concentrating
 Difficulty completing simple tasks
 Difficulty remembering
 Speech impairment
 Extreme fatigue, regardless of how much you sleep

The Social Security Administration (SSA) recognizes MS as a chronic illness or impairment that is severe enough to prevent someone from working. People with MS may qualify for Social Security disability benefits by means of a medical vocational allowance or by meeting or equaling the requirements of the MS listing.

Medical Vocational Allowance

Most Social Security disability claims for people with MS are approved via a medical vocational allowance. A medical vocational disability claim decision is made when an examiner uses the SSA GRID Rules to determine whether or not a claimant should be found disabled or not.

To be approved for disability benefits via a medical vocational allowance, your medical records must show that your MS is severe and has lasted or is projected to last for no less than 12 months. During this 12-month period, your condition must prevent you from working at a job you've done in the past and prevent you from engaging in other types of work that are suitable for you.

Multiple Sclerosis Listing

Someone with MS can also be approved for Social Security disability benefits on the basis of meeting or equaling the SSA's MS listing. The listing provides three separate and distinct types of criteria that may result in benefits if they're individually met: motor function impairment, visual impairment, and mental impairment. You'll meet the requirements of the MS listing if your medical records prove that you've been diagnosed with MS and you satisfy one of these three criteria. You can also be approved for Social Security disability benefits on the basis of the MS listing if you meet or equal the SSA's listing for organic mental disorders, which are behavioral or psychological abnormalities associated with brain dysfunction.

Have Atlanta Social Security Disability Lawyer Louis B. Lusk Review Your Case

The process of applying for Social Security disability benefits with MS can be complex. Get help by having your case reviewed by Atlanta Social Security disability lawyer Louis B. Lusk. Call (800)883-7043 or fill out our online contact form to schedule a free consultation.

Social Security Disability and HIV/Aids

Thu, 01 Mar 2012 09:36:41 -0500

If you have HIV/AIDS and are unable to work, you may qualify for Social Security disability benefits. Many people think that an HIV diagnosis is enough to be found disabled by the Social Security Administration (SSA), but the truth is that it can be difficult to be approved for disability benefits if you have HIV/AIDS because medication often keeps individuals with HIV/AIDS functioning at a high level. To be eligible for benefits, your HIV/AIDS must be serious enough to prevent you from doing substantial gainful work and your inability to work must be expected to last for at least 12 months or result in death.

Thanks to advances in medicine, many people with HIV/AIDS today lead fairly normal lives. So, one thing the SSA will look at when evaluating your case is whether you're taking your medication as prescribed. Some people simply cannot afford treatment, however, so the SSA will also consider your financial situation when evaluating whether or not you're taking medication.

Many individuals with HIV/AIDS have conditions that prevent them from working and if their impairments meet the SSA's duration requirement, they may be found disabled. Some individuals are asymptomatic and have less severe HIV manifestations, however, so they may not be found disabled. The SSA evaluates each case on an individual basis, evaluating signs, symptoms, laboratory findings, and other information to make a decision. Below is how the SSA evaluates disability claims:

 Decide whether you're severely impaired by assessing how your impairment interferes with your ability to work

 Determine whether your disability is included in the SSA's list of HIV-related impairments, which includes conditions like candidiasis, carcinoma of the cervix, HIV wasting syndrome, syphilis and neurosyphilis, herpes simplex, and Kaposi's sarcoma

 Assess your ability to function in three areas: timely task completion, daily activities, and social situations

 Assess your ability to work by evaluating your age, education, past work experience, and transferable skills

If you have HIV/AIDS and plan to apply for Social Security disability benefits, provide documentation of your condition through medical records and laboratory test results. The SSA will also need the names and addresses of doctors, hospitals, and clinics you've been to for treatment. The application process is the same for individuals with HIV/AIDS as it is for those with other medical conditions, but the applications that the SSA receives from people with HIV/AIDS are given priority and are processed as quickly as possible.

Applying for Social Security Disability Benefits with HIV/AIDS?

Louis B. Lusk is an Atlanta Social Security disability lawyer that can help to increase your chances of winning Social Security disability benefits. If you have HIV/AIDS and are going to file a disability claim, call (800) 883-7043 or contact us via our website to set up a free consultation.

Sedentary, Light, Medium and Heavy Work--What Does it Mean?

Tue, 21 Feb 2012 10:50:25 -0500

The Social Security Administration (SSA) classifies work into five different levels: sedentary, light, medium, heavy, and very heavy. These classification levels come from the Dictionary of Occupational Titles (DOT) and are based on the amount of physical exertion that the work requires.

When you apply for Social Security disability benefits, the SSA evaluates your mental and physical limitations to determine what type of work you're still able to perform. To be considered disabled and win benefits, you have to prove that you're unable to perform any basic work activities. The SSA examines your medical evidence to see if you're capable of performing the types of work described below:

Sedentary

A job is considered sedentary if walking and standing only take up about two hours in an eight hour work day. Sedentary work requires you to sit for up to six hours a day. It involves occasionally lifting no more than 10 pounds at a time and lifting or carrying small items, such as paperwork. Most unskilled sedentary jobs require you to use your hands and fingers. Examples of sedentary jobs include receptionist, packer, sorter, surveillance systems monitor, and dispatcher.

Light

Light work requires the ability to stand for up to six hours in an eight hour work day. You have to be able to lift up to 10 pounds frequently and up to 20 pounds occasionally. Jobs that are classified as light work may require you to stand and walk often, but some may require you to sit for most of the day, pushing or pulling arm and leg controls. If the SSA determines that you're able to perform light work, you'll also be considered able to perform sedentary work. Examples of light work include cashier, stocker, and security guard.

Medium

Medium work requires you to stand up to six hours in an eight hour work day. You are also required to have the ability to lift 25 pounds frequently and 50 pounds occasionally. In addition, medium work involves sitting, kneeling, climbing, and squatting. Plumbing and construction are examples of medium work.

Heavy and Very Heavy

Heavy and very heavy work requires you to stand for the same amount of time as medium work, but you also have to be able to lift up to or more than 100 pounds. The most difficult types of construction work, such as construction cleanup, are classified as heavy or very heavy work.

Need an Atlanta Social Security Disability Lawyer?

The key to winning Social Security disability benefits is providing strong medical evidence showing that you're not capable of performing any of the work activities outlined above. To increase your chances of getting a favorable decision from the SSA, call Atlanta Social Security disability lawyer Louis B. Lusk at 800.883.7043 or fill out our online contact form to set up a free consultation.

Social Security Disability and Migraines

Wed, 08 Feb 2012 15:30:40 -0500

A migraine is a severe, painful headache that is often accompanied by symptoms like nausea, blurred vision, and sensory symptoms, such as numbness and pins and needles. Migraines typically last from four to 72 hours. Six percent of men and 18 percent of women suffer from migraines. Migraines can be triggered by certain foods, allergic reactions, smoking, bright lights or caffeine. If your migraines are so severe that they render you unable to perform daily activities and hold down a full-time job, you may qualify for Social Security disability benefits.

The Social Security Administration (SSA) defines being disabled as the inability to work because of a medical condition that has lasted 12 consecutive months or more. Migraine sufferers applying for disability benefits must present evidence showing that they suffer from frequent headaches that are severe enough to significantly limit their ability to perform activities that are needed for most jobs, such as seeing, hearing, speaking, walking, standing, reaching, carrying, handling, and understanding and remembering simple instructions.

If you engage in substantial gainful activity, you do not qualify for Social Security disability benefits. According to the SSA, substantial gainful activity is defined as working and earning more than $1010 per month. The SSA will also review your work history and medical records to determine whether or not you're capable of engaging in past work or some other form of work. If the SSA finds that you're capable of performing any work you've done in the past or that you qualify for other jobs based on the work skills you possess, you will be denied disability benefits.

To win Social Security disability benefits, migraine sufferers must produce evidence of the severity of their condition. Some types of evidence that migraine sufferers can gather to make their case include the following:

 Medical records
 Employment records
 Letter from doctor
 Statements from former bosses and colleagues
 List of medications

Hiring a great Atlanta Social Security disability attorney may greatly improve your chances of winning your case. An attorney will help you obtain medical records, identify and obtain evidence that's currently not in your medical file, evaluate your work history, and so much more. If you're planning to pursue a disability claim based on migraines, or you're currently in the process of pursuing a claim and would like to have your case evaluated by an experienced attorney, please call 800.883.7043 or fill out our online contact form to set up a free consultation with Atlanta Social Security disability attorney Louis B. Lusk.

Social Security Disability for Veterans

Wed, 08 Feb 2012 15:26:06 -0500

One quarter of adult Social Security disability beneficiaries are military veterans, and a whopping 40 percent of all adult Social Security disability beneficiaries are made up of veterans and their families. Many active duty military members also rely on Social Security disability benefits to survive. The following are some of the most commonly asked questions about Social Security disability benefits for military members and veterans.

Do military members qualify for expedited processing of disability claims?

Some wounded active duty military service members are eligible to receive expedited processing of their disability claims from Social Security. The expedited process is used for military members who became disabled while on active duty on or after October 1, 2001.

Does military pay affect your eligibility for Social Security disability benefits?

You cannot perform substantial gainful activity and be eligible for Social Security disability benefits, but active duty status and the receipt of military pay don't necessarily make you ineligible for benefits. Your actual work activity is what determines your eligibility for Social Security disability benefits. So, if you're on active duty but you're currently in a military hospital undergoing treatment, you'll likely qualify for benefits.

Can veterans receive benefits for past disabilities, even if their health has improved?

If the Social Security Administration (SSA) finds that you are disabled under their rules and your application was filed within a specific period of time, you may qualify for disability benefits for a closed period of disability. In order to qualify, you must have filed an application for disability benefits within 14 months after the disability ended and prove that you were unable to perform gainful work for a continuous period of 12 months.

How is the Social Security disability system different from the VA system?

The primary difference between the Social Security disability system and the VA system is that there are no percentages of disability in the Social Security system. For example, in the VA system, a veteran may be considered 10%, 20% or 50% disabled, whereas in the Social Security system, it is all or nothing.

Can you get both Social Security disability benefits and VA benefits?

Yes, you can receive Social Security disability benefits and VA benefits at the same time. However, if you receive both Supplemental Security Income (SSI) and VA pension, which are both need-based, the SSA will count your VA pension when calculating your SSI benefits. If you're a veteran applying for both SSI and VA benefits, speak with a lawyer about how the benefits will affect each other.

How does a military member or veteran apply for Social Security disability benefits?

You can apply online or at your local Social Security office while you're still in the military or after discharge. You can also hire an Atlanta Social Security disability lawyer to help you with your claim. It's ideal to find a lawyer who handles both Social Security disability and VA claims.

Should I get an attorney?

Hiring a Social Security disability lawyer isn't a requirement, but an attorney can help you navigate the complex process of applying for disability benefits. An attorney can answer all of your questions, gather and submit medical records, and fill out paperwork on your behalf. Hiring an attorney may be particularly beneficial if your initial application was denied. In the Social Security system, attorneys work on a contingency fee basis, so there are no upfront costs involved.

Work with Atlanta Social Security Disability Lawyer Louis B. Lusk

Louis B. Lusk is an Atlanta Social Security disability lawyer who also handles VA claims. If you're a military member or veteran who is thinking about applying for Social Security and/or VA benefits, please call 800.883.7043 or fill out our online contact form to set up a free consultation.

Four Reasons to Hire a Social Security Disability Attorney

Wed, 25 Jan 2012 12:59:55 -0500

The Social Security Administration (SSA) doesn't require claimants to hire a disability attorney, but studies have shown that claimants who hire attorneys have a better chance of success. From filling out and submitting all of the required paperwork to handling appeals, an Atlanta Social Security disability attorney can assist you with all aspects of the Social Security claims process. Below are 4 advantages of working with an attorney.

1. Speed up the process

Although a Social Security disability attorney can't make the SSA work faster on your claim, he/she does intimately understand the system and can help you find shortcuts that allow you to obtain benefits without the hassle and wait. An experienced lawyer will be able to assess your situation quickly and expedite your claim while ensuring that nothing is missed.

2. Relieve stress

If you're applying for Social Security disability benefits, your health is obviously suffering. Why make it worse by dealing with the stress associated with applying for Social Security disability benefits? An attorney can gather the necessary medical records and fill out the required paperwork for you, so you can focus on your health. A lawyer will also be there to answer any questions you may have throughout the entire process.

3. Increase your chances of winning

Statistics show that hiring a lawyer can improve your chances of winning Social Security disability benefits. The best attorneys are aggressive about gathering enough medical evidence to prove the severity of your medical condition and your inability to engage in substantial gainful work.

4. You only have to pay your lawyer if you win your case

Hiring an Atlanta Social Security disability attorney is truly risk-free because you only have to pay your lawyer if you win your case. The SSA limits the amount of money an attorney can be paid on a case to the lesser of $6,000 or 25%. Social Security disability lawyers typically offer free consultations and don't charge upfront fees. The SSA withholds the fee from your retroactive check and sends it directly to your attorney. It's clearly in your lawyer's best interest to help you win your case because he/she will only get paid if you win.

Win Your Case with the Help of Social Security Disability Attorney Louis B. Lusk

For the best results, hire a Social Security disability attorney that specializes in Social Security disability cases, has several years of experience, and has a proven track record of success. Atlanta Social Security disability attorney Louis B. Lusk and his team of legal experts can maximize your chances of winning benefits and ensure that your claim is handled properly from the get-go. Please call 800.883.7043 or fill out our online contact form to set up a free consultation.

Preparing for the Social Security Disability Hearing

Tue, 17 Jan 2012 10:37:08 -0500

The big day is finally here. After waiting for months on end, your Social Security disability hearing is about to take place. The hearing is the best opportunity you have to win benefits because it allows you to tell an Administrative Law Judge (ALJ) your story. For many claimants, however, the hearing is often the most stressful part of the Social Security disability appeals process. It isn't uncommon for claimants to get emotional during a hearing because they have to talk about how much their life has been impacted by their medical condition. Here are some tips that may help to relieve your anxiety, give you an idea of what to expect, and prepare you to testify at your hearing.

Meet with Your Attorney before the Hearing

Prior to your hearing, set up a meeting with your Atlanta Social Security disability attorney, so you can discuss the issues that will be addressed at the hearing and get answers to any questions you may have about the hearing process.

Dress Neatly, But Comfortably

Dress neatly at your hearing. Social Security disability hearings are informal in nature, but you shouldn't wear blue jeans and a t-shirt. That being said, it's not necessary to wear formal clothing like you would at a wedding, either.

Be Truthful

When the ALJ asks a question, don't think about whether the answer you give will help or hurt your case - be truthful about your strengths and limitations. Don't pretend to be in pain when you aren't or fake cry. On the other hand, don't minimize your problems. If you feel uncomfortable staying seated, don't be embarrassed to get up and move around.

Be Specific and Descriptive

Be specific when answering the judge's questions. For example, rather than saying that you can can't walk very far, give a specific example of a time when you tried to walk a certain distance and were unable to do so because you were in pain. It's a good idea to practice giving your testimony in advance, so you'll be prepared to answer the judge's questions at your hearing.

You should also aim to be descriptive when talking about your pain. For instance, rather than saying, "I have backaches," say, "When I get a backache, I have to lie down because the pain is so severe. It hurts so bad that I can barely do anything. Even talking makes the pain worse."

Approximate Dates

When possible, provide the judge with specific dates, but if you can't remember the exact dates, do your best to give an approximate date, month, season and year, or just year. Not everybody is good with dates, so your judge won't think you're being untruthful if you happen to get a date wrong.

Tell Your Story

The hearing is your chance to tell your story to a judge. Some claimants mistakenly believe that they should keep their mouths shut and give the shortest answers possible to their judge's questions, but this isn't the case when it comes disability hearings. You need to provide plenty of facts, details, and explanations in your testimony to win your case.

Speak Clearly

Your hearing will be recorded, so speak very clearly when you answer the judge's questions. Say yes or no, not uh-huh or uh-uh. Additionally, avoid nodding your head in reply to your judge's questions.

Has Your Application for Social Security Disability Benefits Been Denied?

If your SSI or SSDI application has been denied, contact Atlanta Social Security disability attorney Louis B. Lusk today for a free consultation. Louis B. Lusk will personally represent you at your hearing before an ALJ. Please call 800.883.7043 (or 404.250.7000) or fill out our online contact form to get in touch.

Gathering Medical Evidence for Social Security Disability Cases

Fri, 13 Jan 2012 11:02:28 -0500

The Social Security Administration (SSA) requires a tremendous amount of medical documentation in order to process your claim. They'll ask you for a list of the treatments you've received, and then the disability determination specialist handling your case will write all of the treatment sources requesting copies of your medical records. If possible, obtain copies of your medical records first and then submit them with your application. It's not advisable to rely on disability determination specialists to obtain all of your medical records on your behalf because they are not always successful in acquiring all of the necessary records.

Medical clinics, doctor's offices, and hospitals often receive hundreds of medical record requests each month, which inevitably leads to delays. If the requested records aren't received, the SSA sends a follow-up letter approximately three weeks after the original request was sent. Some disability determination specialists may call the medical office, requesting them to send the records, but the SSA isn't required to make any additional effort to obtain the records beyond sending a written request. Therefore, it isn't uncommon for disability determination specialists to receive medical records several months later. The SSA pressures disability determination specialists to make decisions regarding each case as quickly as possible, so it isn't uncommon for them to make decisions regarding claims, even when all of the medical evidence hasn't been obtained. The long processing times associated with Social Security disability cases are also exacerbated by the long wait times for medical records.

By gathering all of your medical records by yourself and submitting them when you file your disability application or appeal, you can ensure that all of your medical records will be evaluated and that your claim won't take months longer to process than necessary. Disability determination specialists are evaluated on how fast they are able to process their cases, so they are more likely to work on a case immediately if it comes with all of the required medical documentation attached.

Gathering all of your medical records or having your Atlanta Social Security disability attorney do it on your behalf is vital because your medical records describe when you became disabled, what prescription medications you take, and how effective those medications have been in treating your condition. Your medical records are critical to proving that you are disabled and that your disability is severe enough to require disability benefits. Making a little extra effort to ensure that all of your medical records are in your file can mean the difference between an approval and a denial.

Need Help Gathering Medical Records for Your Atlanta Social Security Disability Case?

Gathering the medical records required to document your disability can be a huge headache. Hire Atlanta Social Security disability attorney Louis B. Lusk to help you track down and submit the necessary medical documentation to ensure that your case is processed as quickly as possible. Please call 800.883.7043 or fill out our online contact form to set up a free consultation.

Should You Change Your Disability Attorney?

Wed, 14 Dec 2011 13:24:25 -0500

If you've hired an Atlanta Social Security disability lawyer to represent you, you can let him or her go at any time throughout the disability claims process. There are several reasons why you might want to terminate your attorney, but some factors may be out of your lawyer's control.

For example, many claimants get angry because of delays, but most delays in Social Security disability cases are not the lawyers' fault. Disability cases generally take a long time to process because state disability determination agencies are understaffed and overworked.

Another common reason why people want to fire their Atlanta Social Security disability lawyers is that they feel like their lawyer is unresponsive. "My lawyer won't return my calls" is the most common complaint I hear from people dissatisfied with their current representation. In my practice, I make it a point to have my clients speak with me or my paralegal every time they call my office.

How to Terminate Your Lawyer

If you want to fire your Atlanta Social Security disability lawyer, call him and send him a letter, letting him know that you no longer want him to represent you. Your attorney then has to send a letter of withdrawal to the Social Security Administration (SSA) to inform them that he'll be withdrawing from your case. If the SSA doesn't receive a letter of withdrawal and you hire a new lawyer to represent you, they may leave both lawyers' information on your claim.

Better to Pick the Right Attorney the First Time

It is far less complicated to choose an Atlanta Social Security disability lawyer carefully in the beginning, so you start and finish the claims process with the same lawyer. However, firing your Social Security disability attorney may become a necessity if your case isn't receiving the attention it deserves.

Looking for a Qualified Atlanta Social Security Disability Lawyer?

Louis B. Lusk is an Atlanta Social Security disability lawyer with a proven track record of winning disability claims. To set up a free consultation with Louis B. Lusk, please call 800.883.7043 or fill out our online contact form.