Question 1

CRITICAL FAQ - ALL IN ONE

Accepted Answer

1.  APPOINTMENTS:

BOOK APPOINTMENT: Click Here 
Q. What should I expect during the Initial Intake Appointment?  Click Here

2.  FEES:

Q: What is the charge for your services?   FREE UNTIL YOU WIN!  Our Representation is contingent upon you Winning.  We do not get paid until you Win!  Our fee is 25% of the back pay you receive from the Social Security Administration (SSA).  The current maximum fee set by law is $7200. Cases decided after November 2024 - the maximum fee goes up to $9200.

3.  MAKING A DISABILITY APPLICATION:

Disability Application Instructions:  Click Here   There are a few ways to start an application.  We heavily support our clients through the process but we do not make the application directly.

Social Security Application Preparation Kit:  Click Here   Gather the necessary information before starting the Application process.

4.  BENEFIT TYPES - SSDI & SSI:  Detailed article on the difference: Click Here

SSDI  (Social Security Disability Insurance) This payment is based on how much you work and paid into the system.  You must be disabled prior to a deadline called your "Date of Last Insured" or "DLI", which determines your eligibility for Social Security Disability Insurance (this has nothing to do with medical insurance).  Generally, you must have worked at least 5 out of the last 10 years to qualify.   Your Date of Last Insured generally expires 5 years after you stopped working, if you worked for 10 years straight.  For a more detailed explanation of the Date of Last Insured  Click Here

SSI (Supplemental Security Income) This payment is a needs based for persons who have not worked enough. There are strict limitations on assets, including not owning more than one house or one car, and maintaining no more than $2000 in assets.  For more information: Click Here

This legal issue can be complicated and if your situation is unclear, a legal analysis is required, which we are happy to conduct.

Q: Are there cases where individuals don't qualify for either benefit?    Yes.  Some individuals may not qualify for SSDI or SSI.  If you have not worked 5 out of the last 10 years, you are not eligible for SSDI and if and you are married to a spouse with substantial income or have more than one house or one car or more than $2000 in assets of any type you will not be eligible for SSI.  This is a sometimes complicated analysis we are happy to conduct for you through a series of questions.

5.  WORK:

Q:  Am I disabled if I cannot return to the work I have done in the past?  Not necessarily.  Please review this JOB AVATAR you must prove you are unable to do.:  Click Here

Q: Can I continue to work Full-Time and collect disability?  No.  You cannot work and earn more than $1,550 per month. In addition, the Social Security Administration also evaluates your capacity to earn this income.

Working and earning over the allowed amount and qualifying for disability are mutually exclusive, there are no exceptions.

Generally, people stop working because their medical conditions have changed or worsened in order to warrant the reduction.  Remote work may also be considered competitive if no other accommodations are being made.

6.  MEDICAL CARE:

Q: What types of impairments are considered for disability benefits?  Both physical and mental health impairments are taken into consideration.

Q: How severe must my impairments be to qualify for disability benefits?  Your impairments must be severe enough to have prevented or be expected to prevent you from working for at least one year or longer. Short-term disability benefits are not provided by the Social Security Administration.

Q: What is the requirement regarding current medical care?  To prove disability, you must receive ongoing medical care. Medical care received one year ago or longer is insufficient. If you don't have insurance, you can apply for Medicaid through your State Welfare Department.

7.  MEDICAL REPORTS:

Q: Should I have my doctor write a letter about my medical problems?  No.  A doctor's letter stating you are "disabled" is completely irrelevant in a Social Security case.  Significantly increase your chances of winning by asking your doctor to complete a medical report to relay their medical opinion about your work restrictions. 
Medical Reports:   
Physical: Click Here   Mental:  Click Here

8. NEED TO SEND US DOCUMENTS?

1.	Fax:  702-800-5408
2.	Download Adobe Scan App and scan your documents and then email intakes@proadvocatesinc.com
3. 	Hand-Deliver the documents to our office in Henderson @ 
1489 W Warm Springs Rd Ste. 110, Henderson, NV 89014
The reception accepts delivery of documents - they cannot make copies.  
We pick-up from our office every Friday.

9. DECISIONS ON CASE ACCEPANCE:

IF WE ACCEPT YOUR CASE:  Click Here for the NEXT STEPS

IF WE CANNOT ASSIST YOU:  We would also ask you to understand that not everyone can be assisted for various reasons. In this case, our goal is to offer counsel and advice to help you gain a better understanding of why you may not qualify for our assistance or what steps you can take to strengthen your case for future consideration. This counsel and advice is provided as a courtesy, and we are not legally obligated to provide further guidance or provide any reason for declining services.  We appreciate your understanding in this matter. Thank you.

THANK YOU! We look forward to connecting with you and doing everything we can to assist you.

We are at your service.

Samantha - PAI

Question 2

What to expect during the Initial Intake Appointment

Accepted Answer

What to Expect During Your Initial Intake Appointment
At Professional Advocates, Inc., we take a thorough approach to assess your eligibility for benefits and the severity of your impairments.

Before you tell us about your medical conditions, I’ll need to ask you some important questions to assess your eligibility. Even with serious medical conditions, some people may not qualify, so it’s important we evaluate this first. We also need non-medical information to get a full picture, so when you explain your medical situation, we are assessing your claim within the framework of the law.  We appreciate your patience with this process.

1. Administrative Eligibility:
We review your eligibility based on the administrative requirements of the benefits program. This includes assessing factors such as your work history, age, and financial situation.

2. Severity of Impairments:
We evaluate the severity of your impairments, both individually and in combination. To be considered for benefits, your impairments must:

Exist or be expected to last for a continuous period of at least 12 months.
Require significant medical treatment.
Have reached "maximum medical improvement," meaning they are stable or managed through medication or other treatments, and are being properly controlled with adherence to recommended medical management and medication compliance.

3. Functional Limitations:
We determine whether your impairments result in continuous exertional or non-exertional functional limitations. This helps us understand the impact on your ability to perform daily activities and work-related tasks.

Making a Decision on Your Case
During the initial intake appointment, we gather enough information to make a preliminary decision on your case. 
Additional details about your case will be gathered later in the process.

Understanding Eligibility and Next Steps
We want to be transparent that not everyone will qualify for our assistance. If we determine that we cannot assist you, our goal is to offer counsel and advice to help you understand why you may not qualify and what steps you might take to strengthen your case for future consideration. Please note that this counsel and advice are provided as a courtesy, and we are not legally obligated to provide further guidance or reasons for declining services. We appreciate your understanding in this matter.

Being Informed Benefits Everyone
Before your appointment, we encourage you to Click Here to review our basic FAQs. 
Understanding the process ahead of time can greatly benefit you and help us serve you more effectively.

Appointment
If you need an appointment please Click Here or text us at 702-728-1724!

If you have any questions or need further clarification, please don't hesitate to reach out to us. 
We’re here to guide you through the process and advocate for your rights.
Thank you and we look forward to speaking with you soon.

Samantha Tejeda
Professional Advocates, Inc.

FREE DISABILITY APPLICATION INFORMATION

Disability Application Instructions:  Click Here   There are a few ways to start an application.  We heavily support our clients through the process but we do not make the application directly.   Click Here for the detailed reason why it is better you make your application directly with Social Security.

Still afraid or don't know where to start?  
Attend our FREE Social Security Initial Application Clinic
Every 4th Friday at 3pm PT
Click Here to go directly to the meeting link to attend the clinic

Question 3

How do I make a Social Security Application?

Accepted Answer

WE ARE TO SUPPORT YOU!   
Please DO NOT HESITATE to reach out if you experience road-blocks during this process.  
We are here to guide you and provide assistance on your journey to obtaining Social Security benefits.

HOW TO START THE PROCESS

CALL SS & REQUEST APPOINTMENT:   1-800-772-1213.

CALL SS & REQUEST VIDEO CONNECT:  You can now request a video appointment to make your intial application.  CLICK HERE for more information.  This is a NEW Social Security service.

PHONE APPOINTMENT REQUEST:  CLICK HERE   This is geared towards SSI applications BUT CAN BE USED to simply REQUEST AN APPOINTMENT BY PHONE.

ONLINE APPLICATION:   CLICK HERE     This allows you to begin the process at your convenience, you will receive a RE-ENTRY number, do not lose that.  You may stop and start your application with that number or we can use that number to assist you.

WE STRONGLY ADVISE YOU APPLY FOR BOTH SSI & SSDI.  Please review our FAQ and Article for the difference between both programs. Social Security will determine your administrative eligiblity.

ADDITIONAL RESOURCES
ADULT DISABILITY STARTER KIT 
APPLICANT SELF-HELP GUIDE

LOST & OVERWHELMED?   Don't give up yet!

Attend our FREE Social Security Disability Application Clinic. 
You do not need to be a client to attend!

Every 1st & 3rd Saturday at 11am PT
Click Here to go directly to the meeting link to attend the clinic 
Click Here  to go to our Facebook Page & search the Events

********************************************
LET US KNOW!  When you complete the online portion of the application.
We can then electronically send retainer documents to you for signature.

CONTACT:   DIEGO TEJEDA Ph/Txt 702-728 -1724   diego@proadvocatesinc.com
(Hablas Espanol)

VERY IMPORTANT:   Once your application is complete online that is not all!  You must receive a Summary of Application document in the mail from the Social Security Administration.  You must SIGN THE SUMMARY and send it back to SSA in order to complete your application.

PLEASE CONTACT US WITH ANY QUESTIONS OR CONCERNS!

Question 4

Will you file my Social Security Disability Application for me?

Accepted Answer

Why We Don't File Social Security Disability Applications: The Importance of Direct Application Submission

Filing for Social Security Disability benefits can be a complex and challenging process. At Professional Advocates, Inc., we believe in providing our clients with the most efficient and effective assistance throughout this journey.

That's why we prioritize the direct filing of Social Security Disability applications with the Social Security Administration (SSA).

These are some of the reasons behind our approach and how it benefits our clients.

Interactive Process: Filing a Social Security Disability application is an interactive process that requires direct communication with the SSA. By submitting the application directly, you have the opportunity to provide accurate and complete information to the appropriate authorities. This helps ensure the efficient processing of your application.
Oath Requirement: During the application process, you may be required to speak with the SSA directly under oath, particularly regarding your financial circumstances. By filing the application yourself, you have direct involvement in providing this crucial information, ensuring accuracy and compliance.
Efficient Communication: By filing the application directly, any communication between you and the SSA can occur promptly and without unnecessary delays. This direct line of communication helps streamline the process, ensuring that your case progresses smoothly.
Expert Support: While we do not file the application on your behalf, our dedicated team is here to support you throughout the process. We are available to answer your questions, address concerns, and provide guidance whenever needed. Our expertise comes into play when you encounter any difficulties during the application process.
Application Assistance: If you face challenges or uncertainties while completing the application, we can enter the application online alongside you. This collaborative approach allows us to guide you through any roadblocks and ensure a smooth re-entry process using the provided re-entry number.

Conclusion: At Professional Advocates, Inc., we prioritize the direct filing of Social Security Disability applications with the SSA. This approach ensures accurate information submission, efficient communication, and direct involvement in the application process.

While we don't file the application on your behalf, our experienced team is here to provide expert support, answer your questions, and assist you in overcoming any hurdles. Trust us to guide you through the journey of securing the benefits you deserve.

Disclaimer: This article provides general information and does not constitute legal advice. Please consult with a qualified attorney for personalized guidance regarding your Social Security Disability application.

HOW TO MAKE APPOINTMENT FOR APPLICATION

Question 5

How much do you Charge? FREE UNTIL YOU WIN!

Accepted Answer

Our Representation is contingent upon you Winning.  We do not get paid Until you Win!

We operate on a contingent fee basis for Social Security cases. Our fee is typically 25% of the back pay you receive from the Social Security Administration (SSA). However, please note that there is a maximum fee limit set by law. We will discuss the fee structure in detail during our initial consultation, ensuring transparency and clarity regarding any fees associated with our services.

Question 6

Why should I hire a representative?

Question 7

Why do I have to complete forms or participate in my case if I hired you to do it for me?

Accepted Answer

Your active participation in completing forms and participating in your Social Security Disability case is crucial, even if you have hired a representative. While we are here to assist you, we rely on your firsthand knowledge and experiences to accurately represent your situation. Only you can provide the intimate details of your daily life, activities, and the challenges you face due to your disability. This interactive process ensures that the forms reflect your unique circumstances and strengthens your claim. Please help us help you by actively participating and providing the necessary information.

Question 8

Why do people get Denied?

Accepted Answer

A Social Security Disability (SSD) case may be denied for various reasons. It's important to note that the Social Security Administration (SSA) has specific criteria for determining disability, and cases may be denied if they do not meet these criteria. Here are some common reasons why a Social Security Disability case may be denied:

Insufficient Medical Evidence:

One of the primary reasons for denial is a lack of sufficient medical evidence to support the claim. The SSA requires comprehensive documentation of the medical condition, including diagnosis, treatment history, and the functional limitations imposed by the impairment.

Failure to Follow Prescribed Treatment:

If the claimant fails to follow the prescribed treatment plan without a justifiable reason, the SSA may deny the case. Compliance with medical treatment is considered in the evaluation process, and non-compliance can be a basis for denial.

Lack of Work History or Recent Work Activity:

To qualify for SSD benefits, an individual must have a significant work history and have paid Social Security taxes. If the claimant has not worked enough to be eligible or has not worked recently, their case may be denied.

Engagement in Substantial Gainful Activity (SGA):

If the claimant is found to be engaging in substantial gainful activity, meaning they are earning income above a certain threshold, their disability claim may be denied. The SSA considers the ability to work and earn income as a factor in determining disability.

Failure to Cooperate with the SSA:

If the claimant fails to provide necessary information or attend required medical examinations, the SSA may deny the case due to a lack of cooperation. Complete and timely submission of all required documentation is crucial for the evaluation process.

Disability Not Expected to Last 12 Months:

To qualify for SSD benefits, the disability must be expected to last for at least 12 months or result in death. If the impairment is deemed temporary or not severe enough to meet this duration requirement, the claim may be denied.

Substance Abuse:

If substance abuse is a contributing factor to the disability, the SSA may deny the claim. The agency distinguishes between disabling conditions that would persist without substance abuse and those that are a direct result of substance abuse.

Failure to Meet Specific Listing Criteria:

The SSA has a list of medical conditions, known as the Listing of Impairments, that automatically qualify for disability benefits. If the claimant's condition does not meet or equal a listed impairment, their case may be denied.

Inadequate Work Credits:

SSD eligibility is also determined by the number of work credits earned based on years of employment. If a claimant does not have enough work credits, they may not meet the eligibility requirements.

Improvement in Medical Condition:

If the SSA determines that a claimant's medical condition has improved to the point where they can engage in substantial gainful activity, the disability benefits may be denied.

It's important for individuals pursuing SSD benefits to thoroughly understand the eligibility criteria, provide comprehensive medical documentation, and cooperate fully with the SSA throughout the application process to maximize the chances of approval. If a claim is denied, there is an appeals process that allows individuals to present additional evidence and arguments in support of their case.

Question 9

What Happens If My Disability Claim Is Denied?

Accepted Answer

If your disability claim is denied, it can be disheartening and frustrating. However, a denial does not necessarily mean the end of your journey to obtain disability benefits. Here's what you need to know about the next steps after a denial:

Understand the Reason for Denial: The first step is to carefully review the denial letter from the Social Security Administration (SSA). The letter will outline the reasons for the denial, which can vary from insufficient medical evidence to not meeting the eligibility criteria. Understanding the specific grounds for denial will help you address the issues effectively.
File an Appeal: It's essential to act promptly and file an appeal within the designated timeframe. In most cases, you have 60 days from the date of the denial letter to request an appeal. The SSA offers several levels of appeal, including reconsideration, administrative law judge hearing, Appeals Council review, and federal court review.
Seek Legal Representation: Consider consulting with a qualified Social Security disability attorney or advocate. They have the expertise to navigate the appeals process, gather additional evidence, and present a strong case on your behalf. Legal representation can significantly improve your chances of success during the appeals process.
Gather Additional Evidence: During the appeals process, it's crucial to gather any relevant medical records, test results, and opinions from healthcare professionals that support your claim. This additional evidence can strengthen your case and address any deficiencies identified in the initial denial.
Prepare for the Hearing: If your appeal reaches the administrative law judge hearing stage, it's vital to prepare thoroughly. Your attorney or advocate can help you gather and organize evidence, obtain witness statements if necessary, and guide you on presenting your case effectively.
Attend the Hearing: The administrative law judge hearing is an opportunity to present your case in person. It is essential to attend the hearing and provide testimony that supports your claim. Your attorney or advocate will guide you through the process, help you prepare for questioning, and present arguments on your behalf.
Review the Decision: After the hearing, the administrative law judge will issue a written decision. If the decision is favorable, you will be awarded disability benefits. However, if the decision is unfavorable, further appeal options may be available, such as requesting a review by the Appeals Council or pursuing a federal court review.

Remember, the appeals process can be lengthy, and it requires patience and perseverance. Having professional legal representation can significantly increase your chances of success. Continue to gather relevant evidence, maintain regular medical treatment, and follow the guidance of your attorney or advocate throughout the process.

It's important to note that every case is unique, and the outcome of an appeal can vary. By staying informed, seeking professional assistance, and advocating for your rights, you can maximize your chances of receiving the disability benefits you deserve.

If you have further questions or require assistance with your specific situation, we recommend consulting with a qualified Social Security disability attorney or advocate. They can provide personalized guidance and support throughout the appeals process.

Question 10

How do I make an appointment?

Accepted Answer

We are happy to accommodate a video or telephone appointment for the initial evaluation of your case.  Please book an appointment with us today and we can make arrangements.

Question 11

How do I send you documents?

Accepted Answer

WANT US TO REVIEW DOCUMENTS?

1.	Fax:  702-800-5408

2.	Download Adobe Scan App and scan your documents and then email intakes@proadvocatesinc.com

3. 	Hand-Deliver the documents to our office in downtown Las Vegas
415 S 6th St  Las Vegas NV 89101 
Law Firm on first floor accepts delivery of documents - they cannot make copies.  
We pick-up from our office downtown every Friday.

Question 12

What happens after PAI accepts my case?

Accepted Answer

SAVE THIS CONTACT IN YOUR PHONE AS AN EASY TO REMEMBER CONTACT
Example: "SS Rep or PAI"

PAI Soc Sec Paralegal / On-boarding Manager
Diego Tejeda Ph/Txt 702-728-1724   diego@proadvocatesinc.com

Once we accept your Social Security disability case, here's what will happen next:

1. APPLICATION:  If you're filing an application, here is a link that offers our guidance on different ways to submit it. Once your application is complete, please inform SS REP / PAI / DIEGO so that we can send you the necessary retainer documents for signing, enabling us to assist you with your case.

2. APPEAL: If we are handling your appeal, we'll send you a copy of the appeal and an appointment of representative and fee agreement to sign. This will allow us to commence work on your case.

3. PENDING DECISION: If your claim is pending a decision, we wait for the decision to be made. We'll send you the retainer documents to sign and return to us so when the decision is received the appropriate action is taken.
 
4.  PLEASE CHECK YOUR EMAILS & YOUR SPAM FOLDER:  After opening your case in our system, you'll receive a series of emails, including a detailed one from your representative, a request for your doctor and medication information, a request to sign into a client portal, and a request to sign various forms, such as the appointment of representative form, fee agreement, Social Security's medical authorization, our medical authorization, and an acknowledgment of rights and responsibilities.

It's important to check your emails every couple of weeks during the processing of your claim. Additionally, please keep us updated if you change your address, phone number, marital status, return to work in any capacity, or decide not to pursue your claim.  Please do not make these changes directly with the Social Security Administration.  In a legal case, when you have representation, communication needs to go through the representative.  Thank you for your understanding.

5. CASE ASSIGNMENT: Once the on-boarding process is complete, your case will be assigned to Samantha Tejeda, our Representative who has been with PAI for 15 years.

6. SS PROCESS:  Social Security will collect your medical records, evaluate your claim, and make a decision. They may request additional forms or schedule an examination with one of their doctors. If you need assistance with these matters, please let us know. It's crucial that you personally fill out the required forms as only you have the necessary information.  (click here for the article that explains why)  Please return requested forms to us so we may review them before submitting them to Social Security.  If you need an deadline extension, please contact us immediately and we will make the request.

If your claim is denied, we will file an appeal on your behalf. It's essential to stay in contact with us throughout the process.

THERE IS NO FEE UNTIL YOU WIN!

Thank you for placing your trust in our services.

YOUR SS REPRESENTATIVE CONTACTS:
Professional Advocates, Inc.
1489 W Warm Springs Rd Ste. 110, Henderson, NV 89014
Fax: 702-800-5408

NEXT POINT OF CONTACT:  PAI Soc Sec Paralegal 
Diego Tejeda Ph/Txt 702-728-1724   diego@proadvocatesinc.com

PAI Owner (Professional Advocates, Inc.) & Disability Representative
Samantha Tejeda Ph/Txt 702-728-1792 samantha@proadvocatesinc.com

SS Hearing Disability Representative
Noel Anschutz  
(contact details provided if assigned at hearing)

Question 13

Who do I connect with once I am a client?

Accepted Answer

YOUR SS REPRESENTATIVE CONTACTS:

Professional Advocates, Inc.
1489 W Warm Springs Rd Ste. 110, Henderson, NV 89014

NEXT POINT OF CONTACT:  PAI Soc Sec Paralegal 
Diego Tejeda Ph/Txt 702-728-1724   diego@proadvocatesinc.com
**Bilingual English/Spanish

PAI Owner (Professional Advocates, Inc.) & Disability Representative
Samantha Tejeda Ph/Txt 702-728-1792 samantha@proadvocatesinc.com

SS Hearing Disability Representative
Noel S. Anschutz
(contact details will be provided if assigned at hearing)

Question 14

When should I contact my representative?

Accepted Answer

Routine medical care typically does not require contacting your representative.

However, contact your representative in the following situations:

See a new medical provider or going to the hospital
Experience a substantial change in health or receiving a new diagnosis
Change your address or phone number
Receive documents or phone calls from Social Security
Considering a return to work or school
Start to receive other types of benefits (e.g., VA, long-term disability, workers' compensation)
Get married or divorced
Receive an approval or denial letter

Question 15

What Resources are Available?

Accepted Answer

Professional Advocates, Inc., has developed a comprehensive resource page featuring a wide range of documents such as guides, reports, and community resources.

If you have any suggestions or comments regarding additional resources that you believe would be beneficial to include on our page, please don't hesitate to reach out to us. 
You can simply text us at 702-728-1792 with your recommendations.

Thank you!  We hope this helps!

Question 16

Am I disabled if I cannot do the work I have done in the past?  SEE "AVATAR" JOB description below

Accepted Answer

If you are under the age of 50 or over the age of 50 with a sedentary work history (jobs where you were sitting down)
then Social Security has an "Avatar Job" which you must prove, with medical evidence, you cannot perform.

This job is often referred to as a "sedentary, low-stress, unskilled job" in the context of Social Security disability cases. It is a common reference point used by Social Security to evaluate a claimant's ability to perform substantial gainful activity or employment. Frequently, the fact that you cannot perform your past work is NOT enough to prove disability.

Here's a breakdown of the key characteristics of this job:

Sedentary Work: This job involves primarily sitting and minimal physical activity like lifting, bending, or walking. It is suitable for individuals who can perform tasks while seated for extended periods.

Low Physical Demands: There is very little lifting, bending, or other physically demanding activities required. This makes it suitable for individuals with physical limitations.

Short Learning Curve: The job can typically be learned in less than 30 days, indicating that it does not require extensive training or prior experience.

Limited Memory Requirements: The job involves one to two-step tasks, meaning it does not demand a high level of memory or cognitive ability.

Low Stress: It is considered a low-stress job, which means it doesn't involve high-pressure situations or a fast-paced work environment.

Minimal Interaction: Interaction with other people is minimal, with no public interaction and occasional interactions with supervisors or coworkers. This is suitable for individuals who may have difficulties with social interactions.

You must have Diagnosed conditions that are severe and limit your ability to work:  It's important to note that Social Security evaluates disability claims based on an individual's medical condition(s) and their functional limitations. If a claimant under the age of 50/over 50 w/ Sedentary work history,  is deemed capable of performing this type of job based on their medical condition(s), Social Security may determine that they are not disabled and therefore not eligible for disability benefits.

Claimants must provide medical evidence and demonstrate how their diagnosed and treated medical conditions limit their ability to perform this type of work.

The ability to drive, job experience, pay rates, or job locations are generally not considered in the disability determination process. Social Security focuses on the claimant's functional abilities and limitations in relation to the demands of available work in the national economy.

BLOG:  Understanding Social Security Law: Evaluating Work Ability and Disability Determination
Explaining the High Rate of Social Security Claim Denials: Unveiling the Process

Question 17

Can age be a negative determinative factor in a Social Security disability case?  YES

Accepted Answer

Age can be a factor in Social Security disability cases because the Social Security Administration (SSA) considers an individual's age when evaluating their ability to work and adjust to new employment opportunities. Here are some reasons why age might be considered:

Medical-Vocational Guidelines: The SSA uses the Medical-Vocational Guidelines, also known as the "grid rules," which take age into account. These guidelines consider an individual's age, education, work experience, and medical condition to determine if they can perform substantial gainful activity (SGA) or if there are limitations to their ability to adjust to other types of work. 
Residual Functional Capacity (RFC): Age can influence the assessment of an individual's Residual Functional Capacity, which measures their ability to perform work-related activities. Older individuals may have age-related limitations, such as reduced physical stamina or decreased ability to learn new skills, which can impact their RFC assessment.
Vocational Factors: Age is considered one of the vocational factors when evaluating disability claims. It is recognized that older individuals may have more difficulty finding new employment or adjusting to different work due to factors like limited transferable skills, outdated education, or physical limitations.

It's important to note that age alone does not determine disability eligibility. Disability determinations are made on a case-by-case basis, considering an individual's specific circumstances, medical condition, work history, and other relevant factors. For accurate and personalized information, consult official SSA resources or seek guidance from a legal professional specializing in Social Security disability cases.

Question 18

What is the difference between SSI & SSDI?

Accepted Answer

SSI (Supplemental Security Income) is a needs-based program that provides financial assistance to disabled individuals with limited income and resources.

SSDI (Social Security Disability Insurance) is an insurance program that provides benefits to disabled individuals who have previously worked and paid into the Social Security system.

SSDI: Social Security Disability Insurance is for individuals who have worked and paid Social Security taxes. Eligibility is determined based on work history, with at least five years of work in the past ten years required.
SSI: Supplemental Security Income is based on financial need and is available to those who may not have worked enough or have never worked. Income and asset limitations apply.

How much is the monthly payment for SSDI and SSI?

SSDI: The monthly benefit amount depends on the individual's past earnings. To determine the specific amount, contact Social Security at 800-772-1213.
SSI: The monthly payment for 2023 was $940, with retroactive payments usually distributed in three increments over an 18-month period.

What is the coverage for healthcare under SSDI and SSI?

SSDI: Medicare coverage begins 29 months after the individual's disability date (24 months plus a five-month waiting period). Clark County Social Services may provide coverage until Medicare becomes effective. Note that Medicare does not cover prescriptions.
SSI: Medicaid coverage is effective from the application date (or disability date if after application). Medicaid includes coverage for prescriptions.

Question 19

How long do I need to be disabled in order to qualify? 12 MONTHS OR LONGER

Accepted Answer

To qualify for Social Security Disability benefits (SSDI) in the United States, you must have a disability that prevents you from engaging in substantial gainful activity (SGA) and has lasted or is expected to last for at least 12 months or result in death. Here's a breakdown of the key points:

Duration of Disability: Your disability must have lasted or be expected to last for at least 12 months. If it is a short-term disability, you may not be eligible for SSDI benefits.
Inability to Engage in Substantial Gainful Activity: You must be unable to perform any significant work due to your disability. The Social Security Administration (SSA) sets a monthly earnings threshold to determine if your work qualifies as SGA. (2023 - no more than $1470 a month before taxes.)  If you earn over this limit, or even close to this limit, you will generally not be considered disabled for SSDI purposes.
Proving Disability: You need to provide medical evidence that supports your claim of a severe, long-term disability. This evidence should include medical records, doctor's reports, test results, and other relevant information.  This evidence needs to be recent and regular and a strong case generally involves cases where people have seen a specialist, not just a primary care physician. 
Work Credits: To be eligible for SSDI, you must have worked and paid Social Security taxes for a certain duration, earning work credits. The number of work credits required depends on your age at the time you become disabled. Younger individuals generally need fewer credits.
Supplemental Security Income (SSI): If you don't have enough work credits or your income and assets are very limited, you might be eligible for Supplemental Security Income (SSI) instead. SSI provides benefits to disabled individuals with low income and few resources.

It's essential to apply for SSDI benefits as soon as you become disabled since the application process can take several months, and sometimes even longer. Remember that the SSA's determination of disability is based on the severity of your condition and its impact on your ability to work, rather than a specific time frame of being disabled.

Question 20

Why am I being denied?

Accepted Answer

Reasons for denial of Social Security Disability benefits include insufficient medical evidence, failure to meet disability criteria, income/resource limitations, failure to follow prescribed treatment, incomplete application/errors, improper documentation of work history, and other factors.

For additional details please visit the article

Question 21

Can I work while I am disabled?

Accepted Answer

You may work, but you may not earn over a certain amount of money.  
More information can be found on our blog page

Question 22

Is there a legal deadline to receive SSDI benefits?   YES

Accepted Answer

Yes, to receive benefits for SSDI you must be disabled prior to your date of last insured.

Question 23

Why do I need to see a doctor to prove my disability claim?

Accepted Answer

Seeing a doctor is crucial for proving your disability claim for several reasons:

Medical Evidence: A doctor's evaluation provides vital medical evidence to support your claim. Medical records, test results, diagnoses, and treatment plans can demonstrate the nature and severity of your impairments.
Professional Opinion: Doctors can offer their professional opinions on the impact of your impairments on your ability to work. Their expertise carries weight in determining your eligibility for disability benefits.
Objective Assessment: Medical examinations and tests conducted by doctors can provide objective evidence of your impairments, helping to substantiate your claim.
Treatment Compliance: Consistent medical care indicates that you are actively seeking treatment and attempting to manage your condition. It shows that your impairments are significant enough to require ongoing medical attention.
Duration of Disability: Doctors can assess the expected duration of your disability, which is a crucial factor in determining eligibility for benefits. They can provide insights into the long-term effects of your impairments on your ability to work.

Remember, it's important to maintain regular medical care and keep all relevant medical documentation as you pursue your disability claim.

Question 24

What does Social Security consider for mental health impairments?

Question 25

How does it work if I apply for disability and early retirement at the same time?

Accepted Answer

If you're considering applying for both Social Security Disability (SSDI) and early retirement benefits, here's how the process typically works:

Applying for Both Benefits: You can apply for both SSDI and early retirement benefits simultaneously. SSDI is for individuals who have a disability and are unable to work, while early retirement benefits are available for individuals who meet the age requirement (usually 62 or older).
Early Retirement: When you apply for both benefits, the Social Security Administration (SSA) will start paying you early retirement benefits while they review your disability claim. This means you'll receive reduced retirement benefits based on your age.
Disability Approval: If your disability claim is approved by the SSA, they will make a retroactive payment for the period during which you were disabled but received reduced retirement benefits. This retroactive payment is commonly referred to as "back pay." The back pay will be the difference between the amount you received through early retirement and the amount you would have received if approved for disability benefits from the beginning.
Benefit Swap: Once your disability claim is approved, the SSA will switch your benefits from early retirement to disability benefits. It will be as if you never took early retirement, and you will receive the full disability benefit amount going forward.
Full Retirement Age: When you reach your full retirement age (typically between 65 and 67, depending on your birth year), your disability benefits will automatically convert to retirement benefits. You will receive the full retirement amount, which might be higher than the disability benefit amount.
Outcome If Disability Claim Is Denied: If your disability claim is denied, you will continue receiving the reduced early retirement benefits. Unfortunately, if your disability case is not successful, you will be permanently stuck with the early retirement rate.
Legal Representation: It's important to note that applying for both benefits and navigating the SSA's process can be complex. Seeking legal representation, such as a Social Security law firm, can be beneficial to improve your chances of a successful disability claim. However, some firms might be unable to take cases where the difference in back pay amounts between early retirement and disability benefits is relatively small.

If you're considering applying for both benefits and want legal representation, it's advisable to contact legal aid when your case reaches the hearing level for effective assistance with your claim.

Question 26

How do I avoid making common mistakes?

Question 27

How do I win my case?

Question 28

How do I win at a Hearing?

Accepted Answer

This is level where you really should have representation

Question 29

Can evidence from the past be used to prove disability if I am not currently receiving medical care?

Accepted Answer

No, evidence from years ago is not sufficient to prove disability if you are not currently receiving medical care.

It is important to note that lack of current medical care may be seen as non-compliance with treatment, and the Social Security Administration has the legal right to deny claims in such cases.

Maintaining regular medical care and complying with prescribed treatments are essential for demonstrating the ongoing severity of your impairments. It is crucial to provide up-to-date medical evidence that accurately reflects your current condition and the impact of your impairments on your ability to work.

Therefore, it is recommended to continue receiving medical care and actively follow your treatment plan to ensure the availability of recent and relevant medical documentation to support your disability claim.

Question 30

Is at-home work considered an accommodated work environment under Social Security Administration rules?  MOST LIKELY...NO.

Accepted Answer

Performance of a remote job at-home is most likely to be considered competitive employment under Social Security’s rules.  The determining factor is if the employer is making any further accommodations for you which is different from the way other employees are performing the job? (additional flexibility of hours worked per day or when, extra breaks or allowed absences)

Question 1: Is at-home work considered an accommodated work environment under Social Security Administration rules? 
Answer: At-home work is likely not to be considered an accommodated work environment under Social Security Administration rules, governed by the Americans with Disabilities Act (ADA).

Question 2: How does the ADA define the essential functions of a job and accommodations? 
Answer: The ADA considers the essential functions of a job and whether accommodations are necessary based on whether the job is typically performed in the same manner by everyone or if exceptions are being made. If the nature of the job allows for flexibility at home and does not cause undue hardship to the employer, then there is no accommodation.

Question 3: How does the Social Security Administration consider part-time work and high hourly rates in relation to Substantial Gainful Activity (SGA)? 
Answer: The Social Security Administration examines if the earnings are very close to the SGA presumptive limits, considering both the capacity to earn and the actual earnings. Even if the work is part-time with a high hourly rate and technically under the SGA limit, it will likely still be considered SGA.

If there are no further substantial accommodations, then the at-home work will be considered competitive employment, and the issue of Substantial Gainful Activity will be evaluated as such.

https://www.professionaladvocatesinc.com/post/the-nuances-of-at-home-work-under-social-security-and-ada-rules-a-comprehensive-overview

Question 31

Can I receive disability for Long Covid?  YES!

Accepted Answer

Out of 200 symptoms The top three symptoms are severe disabling fatigue, cognitive dysfunction and post-exertional (cognitive, physical, emotional) malaise.  It also includes headaches/migraines, new allergies, palpitations, tremors, loss of vision, gastrointestinal symptoms, MAST cell activation syndrome - it's wide ranging and is more of an umbrella term. 45% of people  had to reduce their number of hours if they were working before getting sick. And another 22% were unable to work at all.  45% with Long Covid meet the diagnostic criteria for Chronic Fatigue Sydrome/Myalgic Encephalomyelitis and 2/3 have some form of dysautonomia.

The COVID-19 Longhauler Advocacy Project (C19LAP)

Understanding the Symptoms of Long-Haul COVID

Contact us today for an Evaluation of Your Case

Other Resources:

Las Vegas Long Covid Study Application

SSA Publication: Long COVID: A Guide for Health Professionals on Providing Medical Evidence for Social Security Disability Claims

Disability Cases with an Allegation of Coronavirus Disease (COVID-19) as a Medical Condition

CDC Long COVID or Post-COVID Conditions

https://www.cdc.gov/coronavirus/2019-ncov/long-term-effects/index.html 
https://www.cdc.gov/me-cfs/

SSR 14-1p: Titles II and XVI: Evaluating Cases Involving Chronic Fatigue Syndrome (CFS)

3.00 Respiratory Disorders (Effective Date: 10/07/16)

4.00 CARDIOVASCULAR SYSTEM (Effective date: 04/02/2021)

Migraines & Headaches Research Presentation

Question 32

Understanding Long COVID: Common Symptoms and Diagnoses

Accepted Answer

When evaluating an individual's eligibility for Social Security Disability due to Long-Haul COVID, it is crucial to document and report all relevant medical signs and symptoms observed during the course of the condition. The severity, frequency, and impact of these symptoms on the individual's ability to perform daily activities and work-related tasks should also be thoroughly assessed to provide a comprehensive and accurate evaluation. This information will aid in determining the level of disability and the need for appropriate support and benefits for the affected individuals.

Long COVID, also known as post-acute sequelae of SARS-CoV-2 infection (PASC), is a condition that affects some individuals who have recovered from COVID-19. It can lead to a range of persistent symptoms and complications that can last for months after the initial infection. Over 200 symptoms have been identified in Long COVID, and here we'll explore some of the most commonly reported ones and the diagnoses frequently associated with the condition.

Profound Fatigue with Non-Restorative Sleep: Longhaulers often experience extreme fatigue that persists despite adequate rest, and they may have difficulty obtaining restful sleep.
Cognitive Dysfunction: Many individuals with Long COVID report difficulties with memory, concentration, and other cognitive functions, often referred to as "brain fog."
Post-Exertional Malaise: Physical or mental exertion can lead to a worsening of symptoms, with even simple activities causing prolonged fatigue and discomfort.
Orthostatic Intolerance: This condition involves difficulty maintaining blood pressure and heart rate when standing, leading to dizziness or fainting.
Tachycardia: Longhaulers may experience an elevated heart rate even at rest or with minimal exertion.
Shortness of Breath: Some individuals continue to experience respiratory difficulties, such as shortness of breath or difficulty breathing.
Widespread Joint and Muscle Pain: Chronic pain affecting multiple joints and muscles is a common complaint among those with Long COVID.
Headaches: Persistent headaches, including migraines, are frequently reported symptoms.
Palpitations: Longhaulers may experience irregular or fluttering heartbeats.
Memory Issues: Apart from cognitive dysfunction, memory problems and difficulties with recall are also observed.
Abdominal Pain: Persistent abdominal pain and discomfort are reported in some cases.
Insomnia/Sleep Disturbances: In addition to fatigue, sleep disturbances like insomnia are common in Long COVID.
Rashes: Skin rashes and other dermatological issues have been reported.
Temperature Dysregulation: Longhaulers may experience fluctuations in body temperature and intolerance to extreme temperatures.
Tremors: Some individuals may experience involuntary trembling or shaking.
Nausea & Vomiting: Gastrointestinal symptoms like nausea and vomiting can persist.
Sore Throat: A persistent sore throat is another common symptom in Long COVID.
Sensitivity to Noise and Light: Longhaulers may develop heightened sensitivity to loud noises and bright lights.

Frequent Diagnoses Associated with Long COVID:
Dysautonomia: Nearly 70% of Longhaulers experience dysautonomia, which involves dysfunction of the autonomic nervous system responsible for regulating involuntary bodily functions.
Myalgic Encephalomyelitis (ME/CFS): Almost 50% of Longhaulers have been diagnosed with ME/CFS, a complex disorder characterized by profound fatigue and post-exertional malaise.
Mast Cell Activation Syndrome: Although less well-studied, it is estimated that 30-50% of Longhaulers may have this condition involving an abnormal response of mast cells, leading to various symptoms.
Autoimmune Diseases: Several autoimmune diseases, such as Lupus, Sjogren's Syndrome, Rheumatoid Arthritis, Hashimoto's Thyroiditis, and Antiphospholipid Syndrome, have been observed to arise in Longhaulers.
Fibromyalgia and Hypermobility Spectrum Disorder: These conditions are also frequently diagnosed in individuals with Long COVID.
Headache and Migraine Conditions: A high prevalence of headache and migraine disorders is reported in Long COVID cases.
Gastrointestinal and Motility Disorders: Conditions like eosinophilic esophagitis, gastroparesis, or rapid gastric emptying are also seen in Longhaulers.

It is important to note that Long COVID is a complex and evolving condition, and research is ongoing to better understand its causes, symptoms, and potential treatments. If you or someone you know is experiencing persistent symptoms after recovering from COVID-19, it is essential to seek medical attention and support for proper evaluation and management.

Question 33

BACK PAIN: Essential Questions Our Firm Will ask You

Accepted Answer

When did the back pain symptoms begin, and have they been continuous or intermittent?
What is the underlying cause of the back pain (e.g., herniated disc, spinal stenosis, degenerative disc disease)?
How does the back pain impact the individual's ability to stand, walk, sit, or perform physical activities?
Is the back pain accompanied by any other symptoms, such as numbness, weakness, or radiating pain?
Has the individual undergone any diagnostic tests or imaging studies to evaluate the severity and cause of the back pain?
What treatments or interventions have been tried to alleviate the back pain (e.g., medication, physical therapy, injections), and what were the results?
Have there been any surgical interventions or recommendations for surgery due to the back pain?
How does the back pain affect the individual's ability to perform daily activities, such as self-care, household tasks, or work-related tasks?
Has the back pain resulted in any limitations in mobility, range of motion, or ability to lift or carry objects?
Have there been any documented episodes of acute exacerbations or flare-ups of the back pain that significantly impact functionality?

These questions cover common inquiries individuals may have when navigating the SSA disability process for back pain-related disabilities. Including clear and concise answers to these questions can help provide valuable information and address common concerns for applicants seeking SSA disability benefits.

ALL SERVICES ARE FREE UNTIL YOU WIN!

Question 34

NECK PAIN: Essential Questions Our Firm Will ask You

Accepted Answer

When did the neck pain symptoms begin, and have they been continuous or intermittent?
What is the underlying cause of the neck pain (e.g., cervical disc herniation, cervical stenosis, whiplash)?
How does the neck pain affect the individual's range of motion, including limitations in turning the head or looking up and down?
Does the neck pain radiate to other areas, such as the shoulders, arms, or hands, causing additional symptoms like numbness or weakness?
Has the individual undergone any diagnostic tests or imaging studies to evaluate the severity and cause of the neck pain?
What treatments or interventions have been tried to alleviate the neck pain (e.g., medication, physical therapy, injections), and what were the results?
Have there been any surgical interventions or recommendations for surgery due to the neck pain?
How does the neck pain impact the individual's ability to perform daily activities, such as self-care, household tasks, or work-related tasks?
Has the neck pain resulted in any limitations in mobility, fine motor skills, or the ability to lift or carry objects?
Have there been any documented episodes of acute exacerbations or flare-ups of the neck pain that significantly impact functionality?

These questions aim to gather important information about the nature and impact of the individual's neck pain on their daily life, functional abilities, and ability to work. It's crucial to consult with medical professionals and gather comprehensive medical documentation, including diagnostic tests, treatment records, and evaluations, to support the disability case.

BOOK YOUR CASE CONSULT TODAY 
ALL SERVICES ARE FREE UNTIL YOU WIN!

Question 35

FIBROMYALGIA: Essential Questions Our Firm Will ask You

Accepted Answer

When were the initial symptoms of fibromyalgia observed, and how long have they been present?
What specific symptoms of fibromyalgia does the individual experience, such as widespread pain, fatigue, sleep disturbances, cognitive difficulties, or sensitivity to touch or pressure?
Has the individual received a formal diagnosis of fibromyalgia from a qualified healthcare professional?
How does fibromyalgia affect the individual's ability to perform daily activities, maintain employment, and engage in physical or cognitive tasks?
Has the individual received any medical treatments or therapies for fibromyalgia, such as medication, physical therapy, or cognitive-behavioral therapy?
Are there any documented instances of the individual's inability to maintain employment or engage in sustained work due to the symptoms of fibromyalgia?
Has the individual experienced any significant limitations in social functioning, including difficulties in interpersonal relationships, participating in social activities, or maintaining regular routines?
Are there any records of the individual's impairment in concentration, memory, or decision-making required for work or daily living?
Has the individual experienced any significant side effects from medication or treatments used to manage fibromyalgia symptoms?
Have other healthcare professionals, such as rheumatologists or pain specialists, documented the severity and functional limitations associated with the individual's fibromyalgia?

These questions aim to gather important information about the diagnosis, symptoms, functional limitations, and impact of fibromyalgia on the individual's ability to work and engage in daily activities. It's crucial to consult with medical professionals and gather comprehensive medical documentation, including diagnostic evaluations, treatment records, and assessments, to support the disability case.

SOCIAL SECURITY RULE ABOUT FIBROMYALGIA 
FIBROMYALGIA MEDICAL REPORT FOR MD TO COMPLETE

BOOK YOUR CASE CONSULT TODAY 
ALL SERVICES ARE FREE UNTIL YOU WIN!

Question 36

CHRONIC FATIGUE SYNDROME: Essential Questions Our Firm Will ask You

Accepted Answer

When were the initial symptoms of chronic fatigue syndrome observed, and how long have they been present?
What specific symptoms of chronic fatigue syndrome does the individual experience, such as persistent fatigue, post-exertional malaise, unrefreshing sleep, cognitive difficulties, or joint pain?
Has the individual received a formal diagnosis of chronic fatigue syndrome from a qualified healthcare professional?
How does chronic fatigue syndrome affect the individual's ability to perform daily activities, maintain employment, and engage in physical or cognitive tasks?
Has the individual received any medical treatments or therapies for chronic fatigue syndrome, such as medication, cognitive-behavioral therapy, or graded exercise therapy?
Are there any documented instances of the individual's inability to maintain employment or engage in sustained work due to the symptoms of chronic fatigue syndrome?
Has the individual experienced any significant limitations in social functioning, including difficulties in interpersonal relationships, participating in social activities, or maintaining regular routines?
Are there any records of the individual's impairment in concentration, memory, or decision-making required for work or daily living?
Has the individual experienced any significant side effects from medication or treatments used to manage chronic fatigue syndrome symptoms?
Have other healthcare professionals, such as specialists in chronic fatigue syndrome or relevant medical experts, documented the severity and functional limitations associated with the individual's chronic fatigue syndrome?

These questions aim to gather important information about the diagnosis, symptoms, functional limitations, and impact of chronic fatigue syndrome on the individual's ability to work and engage in daily activities. It's crucial to consult with medical professionals and gather comprehensive medical documentation, including diagnostic evaluations, treatment records, and assessments, to support the disability case.

BOOK YOUR CASE CONSULT TODAY 
ALL SERVICES ARE FREE UNTIL YOU WIN!

Question 37

SCHIZOPHRENIA: Essential Questions Our Firm Will ask You

Accepted Answer

When were the initial symptoms of schizophrenia observed, and how long have they been present?
What specific symptoms of schizophrenia does the individual experience, such as hallucinations, delusions, disorganized thinking, or negative symptoms?
Has the individual received a formal diagnosis of schizophrenia from a qualified healthcare professional?
How does schizophrenia affect the individual's ability to perform daily activities, maintain personal hygiene, and interact with others?
Has the individual received any psychiatric treatment or therapy for schizophrenia, such as medication, counseling, or hospitalization?
Are there any documented instances of the individual's inability to maintain employment or engage in sustained work due to the symptoms of schizophrenia?
Has the individual experienced any significant limitations in social functioning, including difficulties forming and maintaining relationships?
Are there any records of the individual's impairment in understanding, remembering, or carrying out tasks required for work or daily living?
Has the individual experienced any significant side effects from medication used to manage schizophrenia symptoms?
Have other mental health professionals, such as psychologists or psychiatrists, documented the severity and functional limitations associated with the individual's schizophrenia?

These questions aim to gather important information about the diagnosis, symptoms, functional limitations, and impact of schizophrenia on the individual's ability to work and engage in daily activities. It's crucial to consult with medical professionals and gather comprehensive medical documentation, including psychiatric evaluations, treatment records, and assessments, to support the disability case.

BOOK YOUR CASE CONSULT TODAY 
ALL SERVICES ARE FREE UNTIL YOU WIN!

Question 38

BIPOLAR DISORDER: Essential Questions Our Firm Will ask You

Accepted Answer

When were the initial symptoms of bipolar disorder observed, and how long have they been present?
What specific symptoms of bipolar disorder does the individual experience, such as manic episodes, depressive episodes, or mixed episodes?
Has the individual received a formal diagnosis of bipolar disorder from a qualified healthcare professional?
How does bipolar disorder affect the individual's ability to perform daily activities, maintain stable relationships, and manage their emotions?
Has the individual received any psychiatric treatment or therapy for bipolar disorder, such as medication, counseling, or hospitalization?
Are there any documented instances of the individual's inability to maintain employment or engage in sustained work due to the symptoms of bipolar disorder?
Has the individual experienced any significant limitations in social functioning, including difficulties with interpersonal relationships or maintaining a regular routine?
Are there any records of the individual's impairment in concentration, persistence, or pace required for work or daily living?
Has the individual experienced any significant side effects from medication used to manage bipolar disorder symptoms?
Have other mental health professionals, such as psychologists or psychiatrists, documented the severity and functional limitations associated with the individual's bipolar disorder?

These questions aim to gather important information about the diagnosis, symptoms, functional limitations, and impact of bipolar disorder on the individual's ability to work and engage in daily activities. It's crucial to consult with medical professionals and gather comprehensive medical documentation, including psychiatric evaluations, treatment records, and assessments, to support the disability case.

BOOK YOUR CASE CONSULT TODAY 
ALL SERVICES ARE FREE UNTIL YOU WIN!

Question 39

ANXIETY: Essential Questions Our Firm Will ask You

Accepted Answer

When were the initial symptoms of anxiety observed, and how long have they been present?
What specific symptoms of anxiety does the individual experience, such as excessive worry, panic attacks, social anxiety, or specific phobias?
Has the individual received a formal diagnosis of anxiety disorder from a qualified healthcare professional?
How does anxiety affect the individual's ability to perform daily activities, such as going to work, socializing, or leaving the house?
Has the individual received any psychiatric treatment or therapy for anxiety, such as medication, counseling, or cognitive-behavioral therapy?
Are there any documented instances of the individual's inability to maintain employment or engage in sustained work due to the symptoms of anxiety?
Has the individual experienced any significant limitations in social functioning, including difficulties in interacting with others, participating in group settings, or public speaking?
Are there any records of the individual's impairment in concentration, memory, or decision-making required for work or daily living?
Has the individual experienced any significant side effects from medication used to manage anxiety symptoms?
Have other mental health professionals, such as psychologists or psychiatrists, documented the severity and functional limitations associated with the individual's anxiety disorder?

These questions aim to gather important information about the diagnosis, symptoms, functional limitations, and impact of anxiety on the individual's ability to work and engage in daily activities. It's crucial to consult with medical professionals and gather comprehensive medical documentation, including psychiatric evaluations, treatment records, and assessments, to support the disability case.

BOOK YOUR CASE CONSULT TODAY 
ALL SERVICES ARE FREE UNTIL YOU WIN!

Question 40

DEPRESSION: Essential Questions Our Firm Will ask You

Accepted Answer

When were the initial symptoms of depression observed, and how long have they been present?
What specific symptoms of depression does the individual experience, such as persistent sadness, loss of interest or pleasure, sleep disturbances, appetite changes, or difficulty concentrating?
Has the individual received a formal diagnosis of depression from a qualified healthcare professional?
How does depression affect the individual's ability to perform daily activities, maintain employment, and engage in social interactions?
Has the individual received any psychiatric treatment or therapy for depression, such as medication, counseling, or psychotherapy?
Are there any documented instances of the individual's inability to maintain employment or engage in sustained work due to the symptoms of depression?
Has the individual experienced any significant limitations in social functioning, including difficulties in interpersonal relationships, participating in group settings, or maintaining a regular routine?
Are there any records of the individual's impairment in concentration, memory, or decision-making required for work or daily living?
Has the individual experienced any significant side effects from medication used to manage depression symptoms?
Have other mental health professionals, such as psychologists or psychiatrists, documented the severity and functional limitations associated with the individual's depression?

These questions aim to gather important information about the diagnosis, symptoms, functional limitations, and impact of depression on the individual's ability to work and engage in daily activities. It's crucial to consult with medical professionals and gather comprehensive medical documentation, including psychiatric evaluations, treatment records, and assessments, to support the disability case.

BOOK YOUR CASE CONSULT TODAY 
ALL SERVICES ARE FREE UNTIL YOU WIN!

Question 41

GASTROINTESTINAL: Essential Questions Our Firm Will ask You

Accepted Answer

What specific gastrointestinal impairments or conditions do you have, such as Crohn's disease, ulcerative colitis, irritable bowel syndrome (IBS), or chronic liver disease?
When were the initial symptoms of your gastrointestinal impairment observed, and how long have they been present?
Have you received a formal diagnosis of your gastrointestinal impairment from a qualified healthcare professional?
What are the main symptoms you experience as a result of your gastrointestinal impairment, such as abdominal pain, diarrhea, constipation, gastrointestinal bleeding, or malabsorption issues?
How do these symptoms affect your ability to perform daily activities, maintain employment, and engage in physical or cognitive tasks?
Have you received any medical treatments or therapies for your gastrointestinal impairment, such as medication, dietary modifications, or surgical interventions?
Are there any documented instances of your inability to maintain employment or engage in sustained work due to the symptoms of your gastrointestinal impairment?
Have you experienced any significant limitations in social functioning, such as participating in social activities or maintaining regular routines, due to your gastrointestinal impairment?
Are there any records of impairment in your nutritional status, weight loss, or the need for specialized dietary requirements as a result of your gastrointestinal impairment?
Have other healthcare professionals, such as gastroenterologists or specialists in your specific gastrointestinal condition, documented the severity and functional limitations associated with your impairment?

These questions aim to gather important information about the diagnosis, symptoms, functional limitations, and impact of gastrointestinal impairments on your ability to work and engage in daily activities. It's crucial to consult with medical professionals and gather comprehensive medical documentation, including diagnostic evaluations, treatment records, and assessments, to support your disability case.

BOOK YOUR CASE CONSULT TODAY 
ALL SERVICES ARE FREE UNTIL YOU WIN!

Question 42

SEIZURES: Essential Questions Our Firm Will ask You

Accepted Answer

Medical Diagnosis and Treatment:

What is the specific medical diagnosis of your seizures?
How long have you been experiencing seizures?
Have you sought medical treatment or consulted with a neurologist regarding your condition?
What types of treatments or medications have been prescribed to manage your seizures?

Frequency and Duration of Seizures:

How often do you experience seizures? Is it on a daily, weekly, or monthly basis?
Can you describe the average duration of your seizures?
Have you noticed any patterns or triggers that tend to precede your seizures?

Symptoms and Functional Limitations:

What are the symptoms you experience during a seizure? Are they focal or generalized seizures?
How do your seizures affect your ability to perform daily activities, such as personal care, work tasks, or driving?
Are there any residual effects or post-seizure symptoms that impact your functioning?

Work History and Limitations:

What types of jobs have you held in the past, and for how long?
Have your seizures caused any work-related accidents or disruptions?
How do your seizures impact your ability to concentrate, remember instructions, or maintain consistent attendance at work?

Medical Documentation and Support:

Have you gathered any medical records or documentation related to your seizures?
Have you obtained statements or opinions from medical professionals regarding the impact of your seizures on your ability to work?
Are there any witnesses or individuals who can provide testimony about the frequency and severity of your seizures?

SEIZURE REPORT FOR A DOCTOR TO FILL OUT  
SEIZURE WITNESS FORM 1

Section 11.02 of the Blue Book 
Here is the SSA Blue Book listing for seizures:

11.02 Epilepsy, documented by a detailed description of a typical seizure and characterized by A, B, C, or D:
A. Generalized tonic-clonic seizures (see 11.00H1a), occurring at least once a month for at least 3 consecutive months (see 11.00H4) despite adherence to prescribed treatment (see 11.00C).
OR
B. Dyscognitive seizures (see 11.00H1b), occurring at least once a week for at least 3 consecutive months (see 11.00H4) despite adherence to prescribed treatment (see 11.00C).
OR
C. Generalized tonic-clonic seizures (see 11.00H1a), occurring at least once every 2 months for at least 4 consecutive months (see 11.00H4) despite adherence to prescribed treatment (see 11.00C); and a marked limitation in one of the following:
Physical functioning (see 11.00G3a); or
Understanding, remembering, or applying information (see 11.00G3b(i)); or
Interacting with others (see 11.00G3b(ii)); or
Concentrating, persisting, or maintaining pace (see 11.00G3b(iii)); or
Adapting or managing oneself (see 11.00G3b(iv)).
OR
D. Dyscognitive seizures (see 11.00H1b), occurring at least once every 2 weeks for at least 3 consecutive months (see 11.00H4) despite adherence to prescribed treatment (see 11.00C); and a marked limitation in one of the following:
Physical functioning (see 11.00G3a); or
Understanding, remembering, or applying information (see 11.00G3b(i)); or
Interacting with others (see 11.00G3b(ii)); or
Concentrating, persisting, or maintaining pace (see 11.00G3b(iii)); or
Adapting or managing oneself (see 11.00G3b(iv)).
B. Nocturnal episodes manifesting residuals which interfere significantly with daily activities.

To meet the requirements of this listing, you must have a detailed description of a typical seizure pattern, including all associated phenomena. The seizures should occur more frequently than once a month, even with at least three months of prescribed treatment. Additionally, you must experience either daytime episodes with loss of consciousness and convulsive seizures or nocturnal episodes with residuals that significantly interfere with your daily activities.

ALL SERVICES ARE FREE UNTIL YOU WIN!

Frequently asked questions

CRITICAL FAQ - ALL IN ONE

What to expect during the Initial Intake Appointment

How do I make a Social Security Application?

Will you file my Social Security Disability Application for me?

How much do you Charge? FREE UNTIL YOU WIN!

Why should I hire a representative?

Why do I have to complete forms or participate in my case if I hired you to do it for me?

Why do people get Denied?

What Happens If My Disability Claim Is Denied?

How do I make an appointment?

How do I send you documents?

What happens after PAI accepts my case?

Who do I connect with once I am a client?

When should I contact my representative?

What Resources are Available?

Am I disabled if I cannot do the work I have done in the past? SEE "AVATAR" JOB description below

Can age be a negative determinative factor in a Social Security disability case? YES

What is the difference between SSI & SSDI?

How long do I need to be disabled in order to qualify? 12 MONTHS OR LONGER

Why am I being denied?

Can I work while I am disabled?

Is there a legal deadline to receive SSDI benefits? YES

Why do I need to see a doctor to prove my disability claim?

What does Social Security consider for mental health impairments?

How does it work if I apply for disability and early retirement at the same time?

How do I avoid making common mistakes?

How do I win my case?

How do I win at a Hearing?

Can evidence from the past be used to prove disability if I am not currently receiving medical care?

Is at-home work considered an accommodated work environment under Social Security Administration rules? MOST LIKELY...NO.

Can I receive disability for Long Covid? YES!

Understanding Long COVID: Common Symptoms and Diagnoses

BACK PAIN: Essential Questions Our Firm Will ask You

NECK PAIN: Essential Questions Our Firm Will ask You

FIBROMYALGIA: Essential Questions Our Firm Will ask You

CHRONIC FATIGUE SYNDROME: Essential Questions Our Firm Will ask You

SCHIZOPHRENIA: Essential Questions Our Firm Will ask You

BIPOLAR DISORDER: Essential Questions Our Firm Will ask You

ANXIETY: Essential Questions Our Firm Will ask You

DEPRESSION: Essential Questions Our Firm Will ask You

GASTROINTESTINAL: Essential Questions Our Firm Will ask You

SEIZURES: Essential Questions Our Firm Will ask You