Does Age Help You Get Social Security Disability?

The Social Security Administration considers several factors to establish an individual’s entitlement to Social Security disability or Supplemental Security Income (SSI) disability, and age is one of those criteria.

To insure a more uniform disability process, Social Security established a set of vocational guidelines to aid disability examiners and medical personnel in their decision making process. These medical-vocational guidelines have become known as “The Grid”.

Basically, Social Security has established four physical weight limited categories to help evaluate the physical limits of an individual's past work and the potential "other work" an individual may be able to perform in spite of the limitations imposed upon them by their disabling condition or conditions.

These categories are sedentary, light, medium, and heavy work. Sedentary work involves the lifting of no more than ten pounds at any time; light work involves the lifting of no more than ten pounds frequently and no more than twenty pounds occasionally; medium work involves the ability to lift twenty-five pounds frequently and fifty pounds occasionally; heavy work is the frequent lifting of more than fifty pounds.

So what does this have to do with age affecting your ability to receive Social Security disability? As I stated above, Social Security has established a grid of sorts, which takes factors other than medical information into consideration when making a disability decision. These other factors include age, skills, education, and residual functional capacity.

Social Security set up age categories to help with the disability decision process. Individuals who are 18 to 44 are considered young individuals, those 45-49 are younger individuals, those 50-54 are considered to be approaching advance age, and 55 and over individuals are considered advanced age.

Social Security uses these age groups along with A) an individual’s residual functional capacity (i.e. sedentary, light, medium, and heavy weight work), B) the skill level of an individual’s past work, and C) their education to establish an individual’s disability if the individual does not meet or equal the diability criteria for a impairment listing in the Social Security disability handbook.

For example, if an individual is unable to perform a full range of sedentary work they are likely to be an allowance at any age. If an individual is 45-49 they will, most likely, be allowed if they are illiterate or do not write or read English, have performed unskilled work (or no work). If they are limited to sedentary work, however they would most likely be denied disability if they are literate, even if they have performed unskilled work (or no work).

Medical-vocational rules are more favorable if an individual is approaching advanced (ages 50-54). If they are limited to sedentary work or less, and they have unskilled work or their work skills do not transfer to other types work, they are likely to be approved for disability even if they have more education. Social Security does not expect a lot of vocational adjustment (retraining) for individuals who are approaching advanced age, if they are limited to sedentary work.

The Social Security medical vocational rules, however, are most favorable to individuals who are 55 and older. If an individual is 55 or older and is limited even to light work, or less than a full range of medium work, they may be approved for disability even if they have a high school education and their work was unskilled or their skills are not transferable. Social Security expects very little vocational adjustment at this age.

These are just examples. Even if you do not fit the medical vocational classifications for an approval at your age exactly, there is still a chance that your disability claim is winnable. This is why it is beneficial for most individuals to obtain the services of a knowledgeable Social Security representative should they be attending an administrative law judge disability hearing. A good working knowledge of the Social Security medical vocational grid could lead to a Social Security disability approval at a disability hearing.






Return to:

Social Security Disability Secrets

Social Security Disability Benefit Questions




Additional Posts

Social Security Disability On the record decision
How can an RFC form help you with your social security disability claim or SSI Disability?
Disability and morbid obesity
How long does it take to get disability in mississippi?
Worker’s Compensation Rights
Will Social Security disability cover sleep apnea as a disability?
Will Worker’s Compensation Take Care of You?
I Did All The Work On My Disability Case - Why Should I Pay My Lawyer?

An Effort to Understand Ulcerative Colitis

Ulcerative colitis is an inflammatory bowel condition that affects around 100,000 people a year in the UK alone, and is thought to affect over 200 people per 100,000 in North America. Symptoms include losing weight, abdominal pain, frequent trips to the toilet and bloody diarrhea. Ulcerative colitis is a predominantly genetic disease.

In an effort to understand ulcerative colitis and find a new treatment for the condition, Dr. Andre Franke from the Albrechts University in Germany, along with colleagues from various universities around Europe, held a study to determine whether interleukin 10 (IL10) could possibly be helpful for ulcerative colitis. Interleukin 10 is an anti-inflammatory protein. After the study their initial assessment determined that interleukin 10 is a potential therapy, though more studies will be held. The study was published in Nature Genetics, a peer-reviewed scientific journal.

The study involved searching for exacting gene variations that would cause ulcerative colitis. To do this they obtained DNA samples from participants with ulcerative colitis, as well as DNA samples from a control group without the condition. They then analyzed and searched specific points along the DNA called SNPs - Single nucleotide polymorphisms – to determine whether certain variants are associated with the condition. The study was considered a genetic case-control study referred to as a genome-wide analysis. After doing analysis on over 2,000 people, they repeated the DNA test again on an additional 5,000 people from three other studies.

The researchers found that a variant of IL10 was present in some people with ulcerative colitis, as well as Crohn’s disease and some health controls. It appeared that the variant near to IL10 was responsible for a 35 percent increase in the chance of developing ulcerative colitis. When the study was completed they suggested that a defect in IL10 could be instrumental in developing the condition. They believe the study provides confirmation that variations within IL10 could be contributing to the condition, though more studies are needed to make a strong, solid conclusion. They do believe that interleukin 10 could be helpful if given to patients with colitis.






Return to:

Social Security Disability Secrets

Social Security Disability Benefit Questions




Additional Posts

Social Security Disability and Morbid Obesity
Working and Applying for Social Security Disability
How to qualify for disability
Will I be approved by a disability judge?
Will Social Security Understand What My Medical Records Have to Say?
Can you get a second Social Security Disability Hearing if a judge denies you?
VA System Needs to be Updated
Social Security Disability SSI and Crohn's Disease

Raising the Rates of Workers Compensation

Due to medical inflation and other calculations the Department of Labor and Industries in the state of Washington has announced that there will be a 3 percent increase for workers’ compensation insurance in 2009. This is expected to raise average premiums by 2 cents per hour, approximately. The amount will vary based on different factors. Read this article to find out how this may affect you if you are resident of that state.

The following article talks about the announced premium increase, expected to generate $57 million. The actual calculations reported that $119 million was needed, but the rest will be absorbed by the contingency reserve.

When workers are injured on the job and must receive workers’ compensation in Washington, the money comes from three different funds: the Accident Fund, the Medical Aid Fund, and the Supplemental Pension Fund. The article breaks down the three different funds and their percentage of increase, while also giving information on which percentage will be paid by the employers and which percentage will be paid by employees.

Workers compensation rates to rise in 2009






Return to:

Social Security Disability Secrets

Social Security Disability Benefit Questions




Additional Posts

Workers Compensation Issued Improper Payments
Worker’s Compensation Dental Treatment Non-Existent
Social Security Disability Application Interview
SSD Benefits, Depression, and Mental Testing

I Was Denied for Other Work by Social Security Disability - What Does That Mean?

Social Security disability and SSI awards are based upon the premise that an individual is totally disabled, which means that the individual has not been able to perform substantial work activity for the past twelve months, or that they expect to be unable to perform substantial work activity for twelve months due to their disabling condition or conditions.

Social Security disability is not a short-term disability program, nor is it a "percentage of disability" type program. Keeping that in mind, when Social Security disability examiners make medical decisions on disability cases, they consider many factors other than an individual’s particular medical and/or mental condition when rendering their disability determination.

For instance, disability examiners consider an individual’s age, education, and work history (types of work performed at the SGA or substantial gainful work activity level for three months or longer) along with an individual's particular impairment when making their medical determination.

In fact, Social Security considers what an individual is able to doing in spite of the limitations caused by their disabling impairment or impairments (otherwise known as residual functional capacity) more important than what their particular disabling condition is. I.E, being able to state that you have been diagnosed with condition X or Y may not be as significant as you think.

Social Security disability examiners use medical evidence to determine what an individual’s residual functional capacity is, then they plug this information into vocational guidelines known as the “Vocational Grid”.

Why a grid? First of all, uniformity. The vocational grid allows Social Security to make uniform medical determinations, because the grid considers an individual's age, education, and functional limitations to establish if an individual can be considered disabled by Social Security disability guidelines and, based on "input", it directs an "output" or decision. However, given the fact that some consideration is given to age, level of work skills, level of education, and existing physical or mental limitations, there is no doubt in my mind that the grid also exists to ensure some measure of "real world" fairness.

After all, a person with less skills will be less likely to be able to transition to some new type of work, which may also be the case for a person with less education. Also, despite the fact that the U.S. population is graying, employers repeatedly show less inclination to hire older workers versus younger ones.

To determine if an individual's limitations rule out past work, Social Security uses a handbook known as the Dictionary of Occupational Titles, or DOT (pretty much everyone agrees that this outdated compendium is an utter joke) to determine what physical and mental demands are required by each job than an individual has performed for three months or longer at the SGA level in the past fifteen years (this is, of course, assuming the adjudicator even manages to properly identify a job described by a claimant---which is why I often write that you need to supplied detailed information about your work history as well as your medical history). Disability examiners consider the requirements of these jobs in comparison to the functional limitations established by the medical evidence contained in an individual’s disability file.

If the individual’s residual functional capacity is too restrictive to perform any of their past work as described in the DOT, the examiner must consider other types of work an individual might be able to perform based upon their current limitations. Now, at disability hearings judges may give consideration as to whether "other jobs" actually exist in a state; however, I can tell you from direct experience as an examiner that, at the lower levels, the adjudicator may come up with a list of "other work" jobs that may or may not exist in the local economy. So much for fairness there.

If an individual is "denied to other work" (SSA lingo, i.e. a person was denied for disability based on the assumption that they could perform some type of work other than what they've done in the past), this simply means that the disability examiner found their functional limitations to be too restrictive for them to return to their past work; however the examiner did find that the individual was able to perform other work based upon their RFC, or residual functional capacity, rating.











Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions



Additional Posts

Do You Have To Quit Work To Get Disability?
Mental Illness and Social Security Disability
Mental Evaluation for Social Security Disability and SSI
What Conditions Does Social Security Consider to Award Benefits?
What Are You Allowed to Earn on Social Security Disability? (trial work period)
Social Security total disability
How can I tell if I am disabled enough to qualify for social security disability?
Denied for disability

New Drug for Fibromyalgia

Fibromyalgia is a disorder characterized by widespread chronic pain and an extreme sensitivity to touch. Symptoms of fibromyalgia can vary from joint stiffness, sleep disturbance and incapacitating fatigue, to difficulty breathing or swallowing and abnormal cognitive function and motor activity. To address this debilitating disorder, Forest Laboratories Inc. and Cypress Bioscience Inc. have partnered to create a new drug to treat fibromyalgia call milnacipran.

The following article discusses a late-stage, Phase III study on the fibromyalgia drug milnacipran. According to the article, the drug has been shown to positively improve pain symptoms related to the disorder and is currently under review by the Food and Drug Administration (FDA). The article also talks about a delay in the review, but gives hope to a full analysis of the drug in the coming weeks. The article also gives information on Forest Laboratories and Cypress Bioscience.

Forest, Cypress see positive study on pain drug












Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions



Additional Posts

I Heard That Social Security Disability Will Deny You Several Times
When should you get a Representative for Social Security Disability or SSI?
Disability Determination for Social Security Disability Benefits
Winning your Social Security Disability
Applying for disability with fibromyalgia
Social Security Disability SSI and Chronic pain
Chronic pain information

Risk Factors for Type 2 Diabetes

Although many people think of Type 2 diabetes as a genetics-related disease (and simply put, some people are predisposed to developing the condition), the truth is that the primary risk factors for the disease are obesity, poor eating habits, and lack of physical exercise. In the last ten years the number of Type 2 diabetes cases has nearly doubled.

The following article looks at the risk factors for Type 2 diabetes, such as high triglycerides, high blood pressure, being over 45 years old, and obesity, along with many other risk factors for the disease. In addition, the article gives many solutions to preventing the disease, such as diet therapy, reducing carbohydrates, reducing weight, and increasing physical activity.

This article is a wealth of information about diabetes and pre-diabetes, and has a great message to impart: while genetics and age do play a part in the disease, most cases of Type 2 diabetes can be prevented, treated, and in some cases reversed, by changing lifestyle habits and making a commitment to health.

Diabetes: Are you at risk?










Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions



Additional Posts

Social Security Disability SSI and diabetes
Working and Applying for Social Security Disability
Qualifying for disability on the first application
Requirements for Disability Benefits
Virginia Disability Attorney
Can you win social security disability or SSI based on high blood pressure?

If I Am Awarded SSD, When Does Medicare Start?

Unfortunately, Medicare insurance coverage does not begin when you are awarded Social Security disability benefits. In fact, under current Social Security regulations, an individual, who is awarded SSD, must wait a twenty-four month waiting period before being covered by Medicare.

The only exception to this twenty four month waiting period involves individuals who have end stage renal disease that requires dialysis. Social Security end stage renal Medicare coverage has a two-month waiting period.

For the vast majority of SSD beneficiaries, Social Security offers no interim coverage. In fact, the official Social Security site advises disability beneficiaries to contact their former employers for some type of medical coverage. I am not sure what a former employer would offer anyone. If an individual is lucky they may have short or long term disability or an option to obtain cobra insurance coverage.

How does this medicare twenty-four month waiting period affect disability beneficiaries? If you have won your disability benefits at the initial claims level, you may have two or more years to wait for medical coverage through the Social Security Administration. However, if you were approved for SSD at the administrative law judge hearing, it is likely that you have already served this waiting period. If this is the case, you will receive your Medicare coverage as soon as your hearing decision is processed.

As you can see, the negative affect of the twenty-four month waiting period is felt more by individuals who receive their Social Security disability benefits at the initial level, unless they have been unemployable due to their disabling conditions for a long period of time.










Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions





Additional Posts

Lawyers for Disability Claims
SSDI Benefits - Low first appeal approval rate
Help for a Disability Claim
SSDI — Do You Qualify for Disability?
Can you have a job When Applying for Social Security Disability?
Awarded disability - how much in social security can you get?
How long does it take to get a social security disability award letter?
Can a social security disability award be retroactive?
Being awarded social security disability is based on functional capacity

Inaccurate Testing For Workers’ Compensation

A recent study conducted by One Call Medical (OCM), a Preferred Provider Organization and leader in workers’ compensation diagnostic testing, found that some medical testing may be inaccurate, resulting in poor treatment, lost work, unwarranted surgeries, and hundreds of thousands of lost dollars. The study revealed that nearly 40 percent of Neurodiagnostic testing, such as Nerve Conduction Studies (NCS) and Electromyography (EMG), could be inaccurate.

The following article gives an in-depth look at this research, which was based on studies performed by providers other than One Call Medical network. The article shows a three-fold solution to the problem proposed by One Call Medical, including creating a credentialed network and developing quality standards, discusses misdiagnosis and erroneous treatment plans, and gives a glimpse of the statistics and costs associated with inaccurate Neurodiagnostic testing. The article also speaks with One Call Medical’s medical director, Dr. John Robinton, who is also a chairperson of the Neurodiagnostic Medical Advisory Board.


Research Reveals Workers’ Compensation Hidden Cost Drivers











Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions




What happens if you lose a workers compensation case at arbitration?
Why would an employer dispute a workers compensation claim?
Requirements to qualify for disability
Social Security Disability Requirements
Social security disability non medical requirements
How Can You Prove a Social Security Disability Case if You Aren’t Able to Go to the Doctor?
SSD Reconsideration
Social Security Disability Forms and letters

Childhood Obesity and Aerobic Exercise

The number of children in the United States with heart disease and diabetes due to obesity is on the rise. The National Health and Nutrition Examination Survey found that the number of children experiencing obesity is quite scary: From 1976-1980 the percentage of obese children 6-11 years old was only 6.5 percent, while only 5 percent of 12-19 year olds were obese. That number has changed drastically. The new study found that between 2003-2006 both age groups had gone up to a 17 percent obesity rate.

The following article takes a hard look at the childhood obesity epidemic caused by poor eating habits and a lack of exercise. The article focuses on one single solution to treat, control, and prevent this epidemic: aerobic exercise. The article discusses how aerobic exercise can help lower cholesterol, lower blood pressure, increase heart rate, and decrease the risk of heart disease and Type 2 diabetes. The article also highlights the Diabetes Prevention Program and gives many statistics on this troubling issue.

Regular exercise program helps fight diabetes, heart disease










Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions




Additional Posts

Social security disability rules and requirements
Requirements for disability benefits
Disability Criteria - Medical versus Non-medical Social Security Requirements
Eligibility for disability benefits from SSA
SS Reconsideration
Social Security Disability Decision Process
Heart Disease Killing Young Women
Heart Disease on the Rise Once Again in the United States
Can you be denied for disability if you have heart disease?

Filing an SSI Disability Claim for a Child

All disability decisions are decided based on information contained in the applicant’s medical records, regardless of if the applicant is an adult or a child. However, when claims for disability are filed on behalf of children, other types of records in addition to medical records may be required in order to prove that the child is eligible for supplemental security income (SSI).

Unlike adults who apply for SSDI/SSI, children do not have to prove that they are unable to work. The Social Security Administration (SSA) has different disability criteria that it considers in terms of child disability claims (SSI), because it defines disability in children as an inability to function at an age-appropriate level or to take part in age-appropriate activities, rather than an inability to work.

Because a child’s development is often judged in comparison to his or her peers, most SSI claims will require some input from the child’s school regarding the affect the impairment has on his ability to participate in “normal” activities. If you are filing for disability for your child, call the school from which you need records, explain that you are filing for SSI for your child and what types of reports you need, and ask how to go about getting those. This is the best, most direct way to find out to whom you should send a records request—different school districts have different policies concerning requests for records, and sometimes policy varies from school to school within the same district.

Types of records that SSA might require you to produce include report cards, IEPs, standardized test results, attendance records, any IQ testing, or other types of academic achievement testing. Teachers’ questionnaires can also be helpful in evaluating a child because a teacher is really in the best position to judge how students’ academic and social skills compare to their peers, and how impairments such as ADHD, autism, chronic asthma, etc., affect students’ ability to succeed in an academic and social environment.

Unfortunately, the SSA will not send a questionnaire to your child’s teacher, nor will anyone at SSA inform you that such an option exists. However, if you have retained an attorney, your attorney should send out a questionnaire to all of your child’s teachers prior to any disability hearing. (Note: Children’s disability hearings, like adult disability hearings, can be scheduled only after the initial SSI application and first appeal, or reconsideration appeal, has been turned down by the state disability determination services agency.)

If your child’s attorney does not plan to send out any teacher questionnaires, get another lawyer. The whole point of obtaining legal representation is to have the strongest case possible prepared when it is time to present your child’s disability claim to a federal administrative judge. Anything less is not acceptable.









Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions



Additional Posts

Basic Disability Criteria
Disability Criteria - Medical versus Non-medical Social Security Requirements
Can you Own a Home and Qualify for Social Security Disability?
When you go to a Disability Hearing, will the Judge
give you an Immediate Decision?
Non-Surgical Relief For Herniated Disks
Contact Social Security About Your Disability Claim
What does social security mean by other work?

American Indians and Type 2 Diabetes

Type 2 diabetes is a huge problem for all Americans; adults and children are affected by the disease in alarming numbers that are skyrocketing with each passing year. Many people think the disease is genetic, oftentimes stating such things as, “My mother and father have it, and so I will get it too”. This type of thinking seems to be even more prominent in American Indians living on reservations; they top the national charts in childhood diabetes. Unfortunately, many American Indians do not understand that Type 2 diabetes is most often caused by obesity, lack of exercise, and poor eating habits.

The following article is an in-depth look at diabetes among American Indians. The article speaks with a psychologist from the San Diego American Indian Health Center and focuses on challenges to the diabetes epidemic this is affecting American Indian children, such as poverty and relying on highly processed foods supplied by the federal government.

The article calls for more education for American Indians living on reservations and offers hope by discussing changes that are being made at the Round Valle Indian Reservation in CA, such as gardening, cooking in classrooms, and removing soda machines.

Diabetes among American Indians targeted








Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions


Additional Posts

How does social security define your past work?
SSI application denied at DDS - What do I do next?
Social Security Disability - are There Retroactive Benefits
Less Invasive Surgery for Back Pain Sufferers
Losing a Disability Case - How to Lose an SSD or SSI Claim

Ankylosing Spondylitis and Two-Vessel Umbilical Cords

Ankylosing Spondylitis is a type of vertebrae arthritis that affects back mobility due to the backbones becoming fused together. In this article, Doctor Paul G. Donohue addresses a question about the hereditary likeliness of ankylosing spondylitis, stating that identical twins are very likely to share the disease, but reassuring the reader that it is not quite as likely for regular siblings. In this article, Dr. Donohue gives more information about ankylosing spondylitis and shares the blood antigen that carries the hereditary factor for the disease. He also speaks about new medicines that help control the condition, such as Humira, Enbrel and Remicade.

Further along in the article, Dr. Donohue also addresses a question from a reader who has questions about ‘two vessel umbilical cord’ babies. In this article he gives statistics for the likeliness of a baby being born with only two vessels (not the normal three) and explains what abnormalities might result from such an occurrence.

One kind of back pain has genetic roots











Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions


Additional Posts

Ankylosing Spondylitis – A Progressive, Incurable Disease
Is Ankylosing Spondylitis a genetic disorder?
How is Ankylosing Spondylitis diagnosed?
Treatment options for Ankylosing Spondylitis
Drugs used for treating Ankylosing Spondylitis

What is in My Social Security Disability File?

Most Social Security disability files are no longer paper files but electronic files stored in computers. All Social Security disability files contain the medical source and work history information that you provided during your initial disability interview along with the medical records garnered from these sources such as:

1) Reports from consultative medical examinations (medical examinations that are paid for by Social Security to evaluate an individual’s current disabling condition or conditions).

2) Treating physician statements (a statement written by your own doctor that describes your diagnosis, prognosis, and limitations from their view point--also known as a medical source statement or RFC form). Note: Statements from a claimant's own treating physician or physicians typically come into play at the hearing level and are typically obtained by a claimant's representative as SSA currently makes no attempt to obtain an RFC form or medical source statement from medical treatment sources.

Your disability file also includes all disability evaluation forms used by the disability examiners and the on site physicians at the state disability agency that, in most states, is known as DDS, or disability determination services.

Basically, your disability file follows you to all levels of the Social Security disability process. For instance, if your initial disability claim is denied your disability file will follow you to the next level, a reconsideration appeal. Of course all the medical information gathered at this level is added to your disability file, and if you are denied, your disability file will continue on to the administrative law judge disability hearing appeal level.

You disability file at this point will have many medical records, questionnaires, and various disability evaluation forms.
So what is in your disability file? Every available medical record along with your physician’s statements, and the opinions of various disability personnel, third party disability questionnaires, and your own competed disability forms are contained in your disability file. Basically, your disability file is a chronicle of your life since you became disabled and initiated the disability claim process.









Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions




Additional Posts

Social Security Mental Exam Questions
Proving a Social Security Disability Case
Social Security Disability and to Qualify for Benefits
Social Security Disability Notice of Denial and what it means
You Should Appeal Your Social Security Disability Denial quickly

Coffee, Diabetes and Shingles

Can drinking coffee help prevent the risk of diabetes? Should you rely on coffee consumption alone to reduce your risk of developing Type 2 diabetes? If you’ve already had shingles, should you still take the shingles vaccine injection? How are chickenpox and shingles linked? These questions are common and are answered in the following article.

This article highlights two questions – one on diabetes and coffee, and one on shingles and vaccination – asked by regular people. The questions are answered by Joe and Teresa Gaedon, experts in nutrition and medical anthropology.

The article discusses how coffee has been linked to a reduced risk of Type 2 diabetes, but focuses on weight control and exercise for real Type 2 diabetes prevention. It also discusses the shingles vaccine Zostavax and gives information about the Food and Drug Administration (FDA) recommendations for shingles and vaccines.

Read this information question-and-answer article to learn more about how to take care of and improve your health.

Diabetes prevention linked to coffee-drinking










Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions



Additional Posts

Diabetes Social Security Disability and SSI
Diabetes information
Can Obesity Surgical Procedures Cure Diabetes?
Questions about diabetes
Is there a way to cure diabetes?
Diabetes may cause fatigue

Missouri Workers Compensation Laws

Worker’s compensation exists to help workers receive compensation for being injured on the job. In Missouri, it was created in 1926 to provide aid quickly to injured employees, while sparing employers from expensive court trials. The system was working in Missouri, until Republican Gov. Matt Blunt and the Republican-led General Assembly sought to change the laws in 2005. They said the system had become unbalanced, favoring employees over employers and proposed a law making it more detailed and challenging to win workers’ compensation benefits. The Supreme Court has still not made a decision.

The following article discusses the 2005 law that offered changes such as making employees show a ‘specific event during a single work shift’, not allowing a ‘series of events’ to qualify for workers’ compensation, as well as changing the law to require the accident to be ‘the prevailing factor’, instead of ‘a substantial factor’ in an injury.

The article also speaks with lawyers on both side of the fence, showing both opinions and thoughts on the law.

Workers’ comp law lingers in limbo










Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions





Additional Posts

Workers compensation attorney list
What is workers compensation
How soon should you notify an employer of a workers compensation injury?
Workers compensation - if you can return to light duty must your employer find you a job
Can you dispute a workers compensation claim?
How much can you receive on a weekly basis for workers compensation?

My Disability Application Was Filed in the SSI Program- Will I Receive Less Benefits?

Individuals who apply for SSI disability benefits, are applying for a need-based program, which has a set maximum disability benefit amount. SSI disability benefits are sometimes more than Social Security disability benefits; it really just depends upon an individual's work record. Some individuals qualify for SSI disability only for the five month waiting period associated with Social Security disability, and other individuals continue to be dually entitled to both Social Security disability and SSI.

In the case of a dually entitled individual, their combined disability benefit amount would never be more than the SSI maximum disability benefit.

Additionally, SSI disability recipients receive a cost of living increase each month just as the Social Security disability recipients do.

In answer to the question, just because you have filed for SSI disability does not mean that your disability benefits will necessarily be less than those of a Social Security beneficiary.

However, Social Security beneficiaries often have higher benefits due to the fact that their benefit amount is based solely upon their work earnings not an arbitrary yearly benefit limit.

You must keep in mind that SSI is a need based disability program designed to help those who have not work much or in a long time, consequently the benefits are lower so that more needy individuals can be helped.










Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions


Additional Posts

What to do if Social Security Loses your Disability Appeal
How to Win a Social Security Disability Case Fast
How long does it take to get a Social Security Decision?
What Makes you Qualified to Receive Disability Benefits?
Social Security Disability Guidelines
Social Security Disability Request for a hearing before an administrative judge

Melatonin and Type 2 Diabetes

An international research group has been studying a genetic link that controls a melatonin receptor in the body. While previous studies have already linked sleep disorders to various health issues such as obesity and diabetes, this study takes that a step further by discovering the exact gene – MINR1B – that may be responsible for the elevated blood sugar in Type 2 diabetes due to a variant (or flaw) in the gene that affects melatonin, which has an effect on insulin secretion. Nearly 24 million people had diabetes in the United States in 2007.

The following article gives information about the study, which was published by the journal Nature Genetics. According to the article, this finding could be instrumental in providing information on how to treat Type 2 diabetes. The article also talks with the director of Northwestern University’s sleep disorder center and highlights the importance of sleep for overall health. The study is based on the idea that hormone insulin secretion is connected to the body’s internal clock.

Faulty body clock linked to diabetes








Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions


Additional Posts

If You Were Approved for Disability in One State Can You Move and still get benefits?
Will you get disability if your doctor labels you permanently disabled?
The Social Security Disability Five Step Sequential Evaluation Process
What if you don't meet a Disability Listing in the Social Security List of Impairments

New Study on Back Pain Risk Factors

A new study has found that there are a wide range of factors that determine who will have a chronic back injury for longer than a year. This study was done to determine the risk factors and help prevent further disability by targeting those with back injury for special attention. The study involved 1,885 people with back injury on the job. These subjects were analyzed a year after their disability; psychological, job-related and medical factors were taken into account.

The following article discusses the study at length, giving more information about what made the disability risk higher for some people with back injury, and lower for others. The article outlines each area of elevated risk: health care, job characteristics, and psychological factors. The article also speaks with the study author and speaks about the model that was developed through the study to determine who would (and would not) be disabled a year following a back injury. This model is said to be 88 percent accurate.

Risk factors for chronic disability after back injury








Return to:

Social Security Disability Secrets

Social Security Disability Benefits Questions



Additional Posts

Another Reason to get Representation for a Social Security Disability or SSI Case
You shouldn't get a lawyer for a Social Security Disability case?
Can you speed up a Social Security Disability Hearing Decision?
Filing for Disability Benefits with Social Security
Do I need to have a Representative at a Social Security Disability Hearing?

Is it easier to receive benefits for a condition listed in the blue book than one that is not listed there?

Not really, by which I mean not always. A relatively small percentage of cases are won via the blue book. Example: most cases in which MS, or multiple sclerosis is listed as a primary allegation will not be won on the basis of meeting or equaling the listing. If the case is won, it will be more likely to be won through a medical vocational allowance which takes into account vocational criteria and the limiting effects of the cumulative impairments that a claimant has. In other words, more often than not, it will be easier to win social security disability or SSI benefits in a case for which the mental and physical RFC assessments reflect the cumulative functional limitations of MS, depression, degenerative disc disease, and arthritis than it will be to win a case simply by meeting the MS listing by itself.





Return to:

Social Security Disability Secrets

Social Security Disability Benefit Questions




Additional Posts

Denied at a Disability Hearing, What do I do next?
What Should you do to Apply for Social Security Disability?
What is a Mental Impairment for Social Security?
Disability Decision — The Wait for Social Security

Leukemia Drug Helpful for MS, but is it Potentially Fatal?

Recent studies have shown that a drug created to treat leukemia, Alemtuzumab, is helpful for sufferers of multiple sclerosis (MS). Researchers are suggesting that the drug can stop the disease from progressing and even turn back time on the disease by reversing its effects. This article outlines the study, which was co-sponsored by the company that created the drug.

This article talks with pro golfer Tony Johnston, a user of the drug that swears by its effectiveness and ability to get him back in the game. Yet, the article goes on to talk about the serious side effects that could accompany the drug and points out that one person in the Alemtuzumab study died. Even though the study showed that the drug was 70 percent more effective than current medications for MS, the side effects can include thyroid disease, infections, bleeding disorders and death. This article gives a well-rounded look at the study and speaks with researchers about their opinions on whether or not the drug can be helpful for MS.


Drug made for leukemia shows great promise fighting MS





Return to:

Social Security Disability Secrets

Social Security Disability Benefit Questions




Additional Posts

What is social security disability based on?
What holds up a social security disability claim?
What makes you qualified to receive disability benefits?
How do you get SSI disability?
Disability Benefits based on Fibromyalgia, Bipolar Disorder and Rhabdomyolysis

Can High Doses of Vitamin B Help Neuropathy?

A company in Covington, Louisiana claims that it’s new high-dose vitamin B supplement called Metanx, can improve neuropathy. The company, Pamlab LLC, did a study to determine the positive effects of Metanx, but since the study was conducted by the company that sells the supplement, some doctors are skeptical.

Neuropathy is characterized by numbness, tingling and pain in the hands and feet caused by nerve damage. The most common cause of neuropathy is diabetes, though it can also be caused by infections, chemotherapy medications and traumatic injuries. One of the biggest risks with neuropathy is that a wound will not be found due to extreme numbness and in turn, the wound becomes infected. When this happens, sometimes amputation is the result. There is no cure for neuropathy, but medications such as anti-convulsants, anti-depressants and pain relievers such as ibuprofen can help alleviate symptoms. Diabetics can also keep their blood sugar level low to help symptoms, though unfortunately nothing will improve sensation in the feet.

Pumlab held a 97 person, 20 week study and found that those who took Metanx had 35 percent less pain that those who only took acetaminophen. The group taking acetaminophen reported 12 percent less pain. The study was not blind, therefore patients knew which drug they were taking. Regardless, the company researchers are stating that Metanx can improve sensation and reduce pain caused by neuropathy, due to it containing a special type of folate that is easily absorbed by the body, along with high amounts of various B vitamins. Pumlab also states that Metanx helps by improving blood flow and opening blood vessels. Known side effects are rashes and nausea.

The study was presented at a scientific conference, though opinions are mixed. Some studies have shown that vitamin B does not help neuropathy, and some doctors have tried Metanx without positive results. Many want to believe it will help, because that would be wonderful news for the 30 percent of diabetics that suffer from neuropathy, but there have not been consistent results to prove that the drug does indeed relieve symptoms of the condition. More trials are underway, including a double-blinded trial by Pumlab.






Return to:

Social Security Disability Secrets

Social Security Disability Benefit Questions




Additional Posts

How to Prepare for Your Disability Hearing - resources and preparation
What Happens After You Are Turned Down By Social Security Disability?
What Are The Steps to Applying for Disability?
Will Social Security Consider me Disabled?
Requesting a Social Security Disability Hearing

Social Security Disability Representative - When to get one and what it Costs?

This topic comes up every now and then. The second part of it, cost, is easy enough to answer. A disability attorney or disability representative (a non-attorney) will charge one-quarter of a claimant's back pay as the fee for representation. Currently, this is also capped to a maximum of $5300.

The important thing to remember, at the risk of being redundant, is that, since the fee is based on the backpay received by a claimant, fees are only payable for cases that are won. Which is a wonderful thing, of course, since most individuals who file for disability will hardly be in a position to pay upfront costs simply to acquire representation.

Additionally, since the social security administration takes the fee amount out of the back payment and delivers the fee payment to the representative, claimants do not have concern themselves with out-of-pocket responsibilities.

The first part of this topic is a bit more tricky because there tends to be a fair amount of disagreement on the issue. When should you get a social security disability representative? If you tune in to certain conversations, you'll find that even disability lawyers sometimes disagree on the issue. And substantiating this disagreement is the fact that some prospective representatives will even decline taking a case if a claimant A) has yet to file for disability or B) has filed for disability but has not yet been denied.

Here's my own opinion on the issue. If you have been denied on a reconsideration appeal, absolutely get representation. Why? Because the next step in the process will be to request an administrative law judge disability hearing and representation can absolutely make the difference at the hearing level.

Most people, who know anything about the social security disability and SSI system, will agree with this opinion. I have, however, a second opinion on this topic which is that anyone who has been denied on a disability application and has filed a request for reconsideration (this is the first appeal in the system that follows being denied on a social security disability application) should probably also get representation. Why do I have this opinion? Because, for the most part, reconsiderations are generally denied as well. In fact, on average more than 80 percent of all reconsiderations are turned down by SSA. Therefore, my position is that it is logical to look for representation at this point.

Now, where the issue of getting a social security disability representative becomes trickiest, i.e. more people tend to disagree, is this: should you get a disability representative (an attorney or non-attorney) before you've been denied for disability on an application, or even before you've taken the necessary steps to apply for disability?

Many individuals will advise claimants or potential claimants to avoid doing this. Why? To avoid having to pay a lawyer or a non-attorney representative a fee when the claimant's case is very strong and the likelihood is that the claimant will win the case, regardless of whether or not a representative is involved.

These are valid points to be sure. After all, why should anyone needlessly pay for representation (up to $5300). Also, there are these factors to consider--

1. Filing a reconsideration is very simple and will take a lawyer's office typically a grand total of 20 minutes to complete the forms, copy them (for the office file, and to give the claimant a copy of the paperwork), and mail them in to the local social security office.

2. Even if the reconsideration appeal is denied, a claimant can still get representation to accompany the request for a disability hearing.

These two factors make a reasonably strong argument for not getting representation prior to requesting a disability hearing. However, in my own experience as a disability examiner and working in the area of claimant representation, I have, nonetheless, found that many claimants will benefit from early representation. Why do I believe this? Here's why.

1. Many potential claimants will delay filing for disability benefits with the social security administration, often long after a claim for disability should have been filed. Why does this happen? For some individuals, filing may be particularly stressful. And for certain individuals with mental impairments (psychiatric, cognitive, memory), the act of filing may be difficult to accomplish. Individuals who obtain representation, however, from a representative who is willing to assist with the filing of a disability claim (some are, some aren't) can completely avoid such scenarios. In other words, since the representative will assist with getting the disability application filed (again: some will and some won't), "failing to file" will not be a scenario that materializes.

2. Many claimants give up on their claims after being denied for disability. This fact is indisputable. And it is unfortunate and perplexing at the same time. Why do claimants give up versus pursuing their claims by filing appeals? Who really knows. The fact remains that claimants who are represented will typically avoid this scenario because their representative will typically automatically file their appeal for them (your disability representative will receive a copy of whatever decisional notices are sent to you by the social security administration).

So, should you get a social security disability representative early in the process? My answer is that this is a subjective call. Many claimants will not require this, but, without a doubt, many claimants will benefit from early representation.







Return to:

Social Security Disability Secrets

Social Security Disability Benefit Questions



Additional Posts

Requesting a Social Security Disability Hearing
What Are The Steps to Applying for Disability?
What Happens After You Are Turned Down By Social Security Disability?
How to Prepare for Your Disability Hearing - resources and preparation
Denied disability claims - what makes for a denied disability case?
Denied at a Disability Hearing, What do I do next?
Social Security Disability Denied
What to do if a social security disability or SSI case is denied

Requesting a Social Security Disability Hearing

If you are awarded disability benefits upon first application or if you are awarded benefits after a request for reconsideration, you will never have to think about requesting a disability hearing. Unfortunately, a minority of disability claimants is awarded benefits so easily. Most Social Security applicants will have to file for reconsideration after being initially denied, and then file for a disability hearing after their reconsideration is denied.

If you have not started this process, you may be wondering what reconsideration is. Reconsideration is an appeal that is requested by a claimant after they are initially denied their Social Security disability benefits. Most all claimants are denied at first try and will have to fill out a ‘request for reconsideration’. This is not a hearing, but simply another part of the evaluation process very much like the first one. Unfortunately, most requests for reconsideration are also turned down. When this happens, it is time to request a disability hearing.

Making a request for a disability hearing is fairly straightforward; contact the Social Security office after you have received a denial of your reconsideration, and simply request an appeal. The social security office will then mail you the correct forms for you to fill out to request your hearing.

If this process sounds daunting, be aware that over half of the applicants that go to their hearing are approved for their benefits; it may take a while and you may get denied twice (on your disability application and on your reconsideration appeal), but if you request a hearing, obtain representation, and have your case properly prepared (obtaining medical record updates and, hopefully, obtaining a medical source statement from a treating physician), you stand a favorable chance of being approved, simply on the basis of statistics. A recent report indicated that 62% of claimants who appear at hearings with representation are awarded benefits.

Important considerations for when you request a disability hearing are as follows:

1. As with all appeals, be sure to request the appeal as soon as possible, meaning as soon as you receive your notice of denial. The reason? Though you have 60 days to request your hearing, waiting will simply add processing time to your case.

2. Call the social security office one to two weeks after you send in your appeal. The reason? To verify that your appeal was received. If your appeal is not received, of course, you run the risk of missing your appeal deadline which would require you to start over at the beginning of the claim process with a new application (which would cost you valuable time that you cannot afford to lose).

3. If you don't have representation, strongly consider getting representation. You are not required to have a representative at any step of the disability process, but going to a disability hearing unrepresented is ill-advised and, in fact, many administrative law judges will even suggest to unrepresented claimants that they should consider returning to a rescheduled hearing and, in the interim, finding either a disability lawyer or a non-attorney claimant's representative.





Return to:

Social Security Disability Secrets

Social Security Disability Benefit Questions










Additional Entries

Preparing for a disability hearing
Social security disability administrative law judge
Social security disability hearing information
How to act before a judge at a disability hearing
What if I am Turned Down by an Administrative Law Judge at a Disability Hearing?
Denied at a Disability Hearing, What do I do next?
What Happens After You Are Turned Down By Social Security Disability?

$1 million for Lupus

Lupus is a debilitating disease that affects a million and a half Americans and nearly 5 million people worldwide. In light of the fact that it has been nearly 50 years since a new treatment has been approved for the life-threatening autoimmune disease, The Lupus Foundation of America (LFA) has awarded over $1.1 million in research grants this year to various research initiatives. All is all, the LFA received 77 grant applications this year in excess of $7.8 million.

The following article breaks down some facts and figures about lupus and the LFA, in addition to giving an intimate look at where the money is going and what areas of research will be supported by these generous grants. The grants were awarded to 19 different researchers and 13 different institutions. Many areas of research are covered through the grants, included the cognitive effects of lupus, lupus in males, pediatric/adolescent lupus, and adult stem cells in lupus.

Lupus Foundation of America Awards More than $1.1 Million in New Research Grants






Return to:

Social Security Disability Secrets

Social Security Disability Benefit Questions



Additional Posts

Who is eligible for SSI disability?
Fish Consumption may lessen Lupus Symptoms
Winning at a disability hearing
Social security disability and mental conditions
Social Security Disability SSI and Lupus
Could Genetics be the cause of Lupus

Gluten-Free Diet for Autistic Children

It may sound far-fetched, but this article presents a good case that going gluten-free can help increase normal behavior and reduce symptoms in children with autism. The article talks with mothers and doctors who have tried the diet and swear by its effectiveness. Gwen Conner speaks about how her son went from giving blank stares to petting their cat and dog, and sharing kisses and hugs. Alma short talks about how her son finally started calling her mommy and showing affection.

The article presents a very good case for how the diet works and why a casein and gluten-free diet can help autistic children. Food allergies and an overactive immune system are the main culprits for agitating the children and making their symptoms much worse. The diet is free of all oats, barley, rye, wheat and gluten products, as well as free of dairy, which contains casein. The article states that autistic children have a difficult time trying to digest these foods, and suggests that parents seek nutritional guidance to make sure their children are getting proper nutrients.

Diet may help autism






Return to:

Social Security Disability Secrets

Social Security Disability Benefit Questions



Additional Posts

Missing a social security disability appeal deadline
Qualifying for disability
Disability and Asperger's
What makes you qualified to receive disability benefits?
Study find no evidence exists that supports a link between autism and vaccine
How do you get SSI disability?
What is a Mental Impairment for Social Security?