This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. |
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Social security disability is an "all or nothing" system. That is, unlike the VA system in which claimants are awarded percentages of disability, to get social security disability benefits you have to be 100% disabled. However, there are many instances in which a social security or ssi claimant will apply for disability benefits only to find that, during the application or appeal process (which can be quite lengthy), their condition has improved. In many instances, the proof of such medical improvement is simply a claimant's return to work or a rise in their earnings (assuming they were working part-time when they filed for benefits) above the substantial gainful activity (sga) level. Can a disability claimant whose condition is no longer disabling still receive disability benefits? Yes and no. A claimant whose condition is no longer disabling will not be eligible for ongoing disability benefits. However, they may be eligible for what is known as a "closed period". In other words, if a claimant does not presently meet the social security administration's definition of disability, but their condition did satisfy the SSA criteria at some point in the past (i.e. their condition was severe, prevented them from working and earning above the sga amount, and lasted at least 12 months), they may qualify to receive a lump sum benefit payment for that closed period. Disability Advocates Help with Claims Free Case Evaluation |
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SOCIAL SECURITY DISABILITY ATTORNEY, REPRESENTATIVE LAWYER LIST ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 5 ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 6 |
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If you suffer from a medical disability such as hip, neck, shoulder, ankle, wrist, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, carpal tunnel syndrome, rsi or repetetive stress injury, inflammatory bowel disease, ulcerative colitis, irritable bowel syndrome, arthritis, dysthymia, depression or other mood disorders, congestive or chronic heart failure, type 1 diabetes, type 2 diabetes, diabetic neuropathy, high blood pressure (hypertension), seizure disorder, stroke, copd, emphysema, hearing loss or poor hearing, statutory blindness, peripheral field problems or other vision loss, clinical obesity, attention deficit hyperactivity or, simply, adhd, bipolar disorder or manic depression, panic disorder, schizophrenia, autism, head trauma, memory loss, low iq, mental retardation, learning disability, epilepsy, cancer, chronic fatigue, multiple sclerosis, lupus, anxiety, inner ear problems, meniere's, vertigo or dizziness, kidney failure requiring dialysis or other renal problems, cirrhosis, hepatitis, or other liver disease, pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis, cystic fibrosis, rsd or reflex sympathetic dystrophy, crohn's disease, sarcoidosis, peripheral vascular disease, lyme disease, cerebral palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid problems including hypothyroidism, esrd or end stage renal disease, reflux, gerd (gastroesophageal reflux disease), cfids, muscular dystrophy, coronary artery disease, cardiomyopathy, or tachycardia, bradycardia or other arrhythmia and have initiated or been denied on a social security disability, or ssi, claim for benefits, this site may assist you with your case. Social Security Disability benefits are often difficult to win; however many claims for social security disability are lost simply because a claimant did not know enough about the disability process to their social security or ssi claim. For information re: representation on a social security disability or ssi claim (attorney or non attorney representative), see the "questions" & "how" pages. |
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