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Category Archives: social security disability

Can You Get Disability Benefits For Depression?

Depression is a serious medical condition that affects millions of people. Feelings of sadness, fatigue, anxiety and despair are only some of the physical and emotional symptoms that may affect your ability to work and earn a living.


If you have been diagnosed as suffering from depression that is expected to prevent you from working for at least 12 months, you may qualify for disability benefits for depression through the Social Security Administration. A free consultation with a Social Security disability lawyer or disability advocate at London Eligibility will determine if you qualify for SSD with depression and file an application for benefits on your behalf.


What is depression?


According to the American Psychiatric Association, a serious medical condition causing a wide variety of symptoms, including:


  • 1). Feeling sad
  • 2). Lack of interest in activities that you previously enjoyed
  • 3). Weight loss or gain caused by changes in appetite
  • 4). Difficulty sleeping or sleeping too much
  • 5). Fatigue and loss of energy
  • 6). Suicidal thoughts
  • 7). Impaired ability to think, concentrate and make decisions
  • 8). Feelings of worthlessness
  • 9). Feeling guilty

Depression affects each person differently as far as the types and severity of symptoms. It should not be confused with feeling sad or upset in response to a specific situation, such as the death of a loved one.


An evaluation and diagnosis by a medical professional should be your first step when you suspect that you may be suffering with depression. Your doctor can determine the type of treatment for your condition. Treatment options include mental health therapy and counseling and prescription medications that treat the symptoms of the disorder.


Qualifying for SSD for depression


Disability benefits for depression are available through both the Supplemental Security Income and Social Security Disability Insurance programs provided you meet the non-medical requirements established for each program. SSI benefits are generally reserved for those individuals with low incomes and limited financial resources while SSDI benefits require that you have a work history at jobs or through self-employment with Social Security taxes paid on the income that you earned.


Assuming that you meet the non-medical requirements for SSI or SSDI, you must satisfy the Listing of Impairments or Blue Book criteria for depression. The Listing of Impairments is a compilation of medical conditions that the Social Security Administration considers as being serious enough to qualify as disabling provided the person applying for benefits meets the requirements of the listing.


Depression is a listed condition. To be considered as disabled because of depression, you must exhibit at least five of the following symptoms:


  • A). Depressed mood
  • B). Lack of interest in most activities
  • C). Weight changes caused by appetite disturbance
  • D). Sleep disturbance
  • E). Agitation or slowing of speech and movements
  • F). Decreased energy
  • G). Lack of concentration and finding it difficult to think
  • H). Thoughts of suicide or death

You also must prove a marked limitation in two of the following areas or an extreme limitation in one of them:


  • I). Practical personal skills, such as getting dressed, preparing meals, shopping, and personal hygiene.
  • II). Ability to interact and socialize with others.
  • III). Ability to complete assigned tasks on time.
  • IV). Ability to comprehend and carry out instructions and use good judgment in making decisions.

An SSD lawyer or disability advocate at London Eligibility knows the importance of evidence to prove that you meet the listing criteria. Evidence may include medical records, statements from psychologists and psychiatrists, and statements from co-workers and others who can attest to how depression has affected your ability to perform in the workplace.


What happens if you cannot meet the Listing criteria?


Meeting the Listing of Impairments criteria for depression makes it easier to establish that you have a disability that qualifies for SSI or SSDI, but it is not the only method to qualify for SSD for depression. You may qualify for benefits by proving that you are disabled through a residual functional capacity assessment.


A residual functional capacity assessment evaluates your ability to perform the activities required for the type of work that you did in the past or to engage in any other type of work. Among the mental and cognitive functions that will be evaluated to determine your residual functional capacity include your ability to remember and understand directions, ability to interact and work with other people, concentration and focus, and ability to handle normal pressures and stress associated with the work environment.


An SSDI and SSI lawyer can help


Living with depression is difficult enough without the added stress of financial hardship caused by being unable to work and earn a living. London Eligibility can help you obtain disability benefits for depression to relieve the financial pressures.


Contact us today to schedule a free consultation with an SSD lawyer or disability advocate to learn more about SSD for depression and how we can help by filing an application for benefits or appealing a denial of a claim. We are there to help you to get the disability benefits for depression that you deserve.


What Types Of Cancer Qualify For Disability?

The National Institute of Health estimates that almost two million new cancer cases will be diagnosed this year. If you cannot work after being diagnosed with cancer, you may qualify for disability benefits through the Social Security Administration.


Undergoing treatment after a diagnosis of cancer can significantly change your life, but whether or not you qualify for Social Security disability benefits depends on several factors. Working with the disability professions at London Eligibility gives you access to experienced disability lawyers and advocates with unsurpassed knowledge of the disability process and which types of cancer qualify for disability.


The following information about how Social Security disability works and which forms of cancer qualify for disability may provide you with a better understanding of the process. The process can be complicated and frustrating, but this information along with the assistance of a disability advocate or lawyer from London Eligibility can help you get through it.


Does treatment for cancer qualify for disability?


The side effects of radiation, chemotherapy and other methods used to treat cancer can be life-altering. Vomiting, fatigue and other side effects may prevent you from working, but treatment alone may not be enough to meet the requirements to qualify for SSD.


Qualifying for SSD through the Social Security Disability Insurance and Supplemental Security Income programs administered by the Social Security Administration requires a physical or mental impairment lasting or expected to last at least 12 months or cause death. The side effects of cancer treatment may be considered short term and not make you eligible for SSD.


Even though the treatment may not let you qualify for benefits, the type of cancer could make you eligible for SSD benefits. If you want to know what types of cancer qualify for disability benefit, a disability advocate at London Eligibility may find the answer in the Listing of Impairments used by the SSA to evaluate claims for disability benefits.


What types of cancer qualify for disability benefit?


The Listing of Impairments, which is commonly known as the Blue Book, is a reference guide used by examiners at Social Security to identify medical conditions severe enough to qualify as a disabling condition under the standards used by SSD. Many types of cancer appear in the Listing of Impairments along with criteria that must be met for each of them in order to qualify for SSD benefits.


Examples of types of cancer appearing in the Listing of Impairments include the following:


  • 1). Breast cancer.
  • 2). Pancreatic cancer.
  • 3). Small cell cancer.
  • 4). Brain cancer.

The types of cancer in the listings are evaluated based on the following factors:


  • 1). Origin.
  • 2). Extent of involvement.
  • 3). Frequency, duration and response to treatment.
  • 4). Residual effects of treatment.

Generally speaking, cancers that are inoperable, have metastasized to other locations, or are recurring are approved for benefits. Examples of types of cancer that would result in a determination of disability include pancreatic cancer, liver cancer and mesothelioma.


Medical evidence needed to support an application for benefits


To determine whether a specific type of cancer meets the criteria in the listings to qualify for SSD, the application for benefits must be supported by medical evidence, including the following:


  • 1). Medical records that specify the type, site and extent of the primary site of the cancer and the site of a metastatic lesion.
  • 2). Operative notes and pathology report of surgical procedures, including needle aspiration or biopsy.
  • 3). Hospitalization summaries and medical reports that include surgical findings and pathology findings.
  • 4). Medical reports and records proving recurrence, progression or persistence of the cancer in response to treatment therapies.

The medical evidence submitted to support your claim for disability benefits should include a record extending at least three months after the commencement of treatment to allow examiners to determine whether the treatment therapy has had its decided effect.


Can you qualify for SSD without meeting the listings criteria?


The fact that you have a type of cancer that does not meet the criteria in the Listings of Impairments does not mean that your claim for benefits will be denied. You may qualify for SSDI or SSI provided there is medical evidence that you are disabled as a result of a physical or mental impairment that prevents you from engaging in substantial gainful activity and is expected to last for at least 12 months or result in death.


For example, heart, lung, bone and liver problems may be caused by chemotherapy or radiation that proved effective in treating your type of cancer. If the side-effects of the treatment prevent you from working and are expected to continue for at least 12 months, you may qualify for SSD benefits.


Learn more about qualifying for disability after a cancer diagnosis


The disability professionals at London Eligibility have the experience and knowledge of the Social Security disability claims process to provide outstanding representation when a cancer diagnosis prevents you from working. Contact them today to schedule a free consultation with one of their disability advocates or lawyers to learn more about the benefits available to you.


Long-Term Disability Benefit For Heart Disease

The Centers for Disease Control and Prevention reports that heart disease is the leading cause of death in the United States. It estimates that 18.2 million adults have coronary artery disease, which is the most common type of heart disease.


Depending upon its severity and how it affects a person, heart disease could make it difficult or impossible to continue working at a job or earning a living through self-employment. If heart disease prevents you from working, you may be eligible to receive a long term disability benefit either through a private insurance plan or through Social Security disability.


What is long-term disability?


Disability insurance, whether purchased on your own or provided by an employer, replaces a portion of the income lost when an illness or injury prevents you from working. Short-term disability pays benefits for temporary interruption of your ability to work over a brief duration. Long-term disability policies provide coverage when you have severe injuries or an illness expected to keep you from working for years to come.


Another source of long-term disability benefits is Social Security Disability. SSD pays benefits to workers whose medical condition causes them to be disabled for at least 12 months or result in death. Workers with disabling medical conditions of a shorter duration may be eligible for state-mandated disability programs or short-term disability insurance policies.


Types of heart disease


“Heart disease” refers to types of medical conditions that cause a person’s heart to no longer function properly. The heart is a muscle that pumps blood throughout the body using a network of veins and arteries. Various types of heart disease may affect the ability of the heart to function or damage the network through which blood flows.


Common types of heart disease include the following:


  • 1). Coronary artery disease: When fat and calcium deposits accumulate on artery walls, it causes a thickening and hardening that restricts the flow of blood, which in turn affects the ability of the heart to properly function. The result may be a stroke or heart attack.
  • 2). Arrhythmias: A characteristic of a healthy heart is a steady rhythmic beating, but heart rhythm disorders may cause it to beat faster, slower or in an irregular pattern, which can disrupt the flow of blood. Arrhythmias have been associated with an increased risk of strokes and heart attacks.
  • 3). Structural abnormalities: Abnormalities of the heart may affect its walls, valves and other parts of the organ. Whether caused by wear and tear, medications, infections or genetics, structural abnormalities may cause strokes, heart attacks or heart failure.
  • 4). Heart failure: Damage or weakening of the heart, as may be caused by a heart attack or high blood pressure, affects its ability to function. Damage may be so severe as to be irreversible and result in failure of the heart.

If diagnosed with heart disease that restricts or prevents you from engaging in work and other activities associated with everyday life, you may be eligible for a heart disease disability benefit.


Proving eligibility for long-term disability


To qualify for disability benefits through a long-term disability policy or through Social Security disability, the severity and frequency of the symptoms and how they affect your ability to engage in work-related activities are important. Some of the symptoms of heart disease that may limit your activities include the following:


  • 1). Pain
  • 2). Fatigue and weakness
  • 3). Shortness of breath
  • 4). Swelling of the hands, ankles and feet
  • 5). Dizziness and fainting

Doctors use a combination of clinical examination along with various diagnostic tests to diagnose the type of heart disease and its severity, including:


  • A). Blood tests
  • B). Electrocardiogram or EKG
  • C). Echocardiogram
  • D). Cardiac catheterization
  • E). Specialized CT scans and MRIs
  • F). Stress tests
  • G). X-rays

All of the tests and examinations contained in your medical records help to prove that you have heart disease and the extent of damage caused by it. The medical evidence must be consistent with the symptoms that your long-term disability lawyer claims prevent you from performing the tasks required of your job or self-employment.


Your lawyer may decide to supplement the examination notes and diagnostic testing results with a letter or report from your treating physician. A report from your doctor can include details about how the clinical findings and symptoms limit your activities and prevent you from engaging in the types of activities required to work at a job.


A long-term disability lawyer can help


A free consultation with a long-term disability lawyer at London Eligibility may offer options that you may not have realized were available to provide the financial assistance needed when heart disease prevents you from working. A review of your claim by our disability lawyer can determine whether a disability benefit through one of the Social Security disability programs may be a heart disease disability benefit option available to you. Contact us today to schedule a free consultation.


How Much Disability Can You Get For Lupus?

Systemic lupus erythematosus, which is commonly referred to as “lupus,” is an autoimmune disease. It causes your immune system to turn against your body and attack healthy tissue and cells. Doctors do not know what causes lupus, and all they can do is control it with medication and lifestyle changes as there is no cure for the disease.


If you struggle with the pain, fatigue and other disabling effects of the disease, you may qualify for Social Security disability. A lupus lawyer at London Eligibility has the knowledge and experience to fight for your right to a disability benefit for lupus through the Social Security Disability Insurance or Supplemental Security Income programs administered by the Social Security Administration.


What is lupus?


The symptoms associated with lupus do not affect everyone in the same way. It may develop slowly in one person while spreading aggressively and rapidly in someone else. It can affect any part of the body with symptoms that include:


  • 1). Pain
  • 2). Fatigue
  • 3). Stiff, swollen joints
  • 4). Weakness
  • 5). Swollen glands
  • 6). Mouth ulcers
  • 7). Chest pain when breathing
  • 8). Hair loss
  • 9). Rashes

The term “flare” has come to be associated with lupus because the symptoms may not be constant. For example, you may have a period of little or no pain followed by days of severe pain, which are referred to as a flare. Flares can be so severe as to be disabling and prevent you from working.


Doctors do not have a specific test to use to diagnose the disease, so they rely upon a complete medical history and examination. Your doctor may order blood and other laboratory tests to aid in rendering a diagnosis.


Lupus cannot be cured, so your doctors will try to control flares with drugs and lifestyle changes designed to reduce or control swelling and pain, strengthen your immune system, and limit damage to joints and organs.


Social Security Listing of Impairments


Social Security created a Listing of Impairments for its examiners to use to determine if a medical or mental health impairment is severe enough to enable a person to qualify for SSD benefits. A condition that meets the criteria of the listing would qualify you to receive benefits.


The Listing of Impairments includes lupus and contains several requirements that must exists for you to be eligible for lupus disability benefits, including:


  • 1). The disease must affect two or more systems or organs; and
  • 2). You must experience two or more of the following symptoms: Frequent exhaustion, physical discomfort or illness causing low mental or physical activity, or involuntary weight loss.

Adults with lupus that affects only one organ or system of the body may qualify for lupus disability under the Listing of Impairments if they experience limitations in one of the following areas:


  • 1). Daily living activities.
  • 2). Maintenance of social functioning.
  • 3). Ability to complete tasks quickly or in a timely manner.

There are other criteria that must be met, but a disability advocate at London Eligibility can review your claim for benefits to determine whether you meet them.


Qualifying for lupus disability without meeting the listing criteria


The fact that your medical condition does not meet the criteria of the Listing of Impairments for someone diagnosed with lupus, you may still qualify for benefits by proving that you cannot work due to impairments caused by lupus. A key to this is the residual functional capacity, or RFC, assessment used by Social Security.


A lupus lawyer from London Eligibility gathers medical evidence and presents it to show that the disease prevents you from engaging in work that you performed in the past and prevents you from adjusting to other types of work that may exist. The focus is on showing that lupus causes the following limitations:


  • 1). Physical limitations, including pain, fatigue, irregular heart rhythms, swollen joints, and shortness of breath.
  • 2). Mental limitations, which may include impaired memory, inability to recall and follow instructions, inability to cope with pressures of the workplace.
  • 3). Sensory limitations from lupus include vision impairment, skin sensitivity to sunlight, and seizure activity.

A denial of benefits following your initial application may be challenged through an appeal process that includes a hearing with an administrative law judge and the opportunity to submit updated and additional medical evidence to support the claim for benefits.


How much disability can you get for lupus?


If approved for a lupus benefit through SSDI, the amount you receive each month depends on your lifetime earnings while working. The most current information shows the average monthly SSDI payment to be $1,358.70.


Individuals who qualify for benefits through the SSI program can receive up to $841 or $1,261 for an eligible individual with a spouse who is also eligible for benefits. You may receive more if you live in one of the states that supplements the federal payment.


Learn more about lupus and SSD


A consultation with a London Eligibility disability professional provides an opportunity to get answers to questions you have about your disability benefit for lupus. Contact us today to schedule an appointment.


How Long Does Social Security Disability Review Take?

A notice that you must undergo a Social Security disability review may not necessarily mean that your SSD benefits are in jeopardy. Federal law requires that your claim periodically go through a continuing disability review process to determine whether the medically determinable impairment that allowed you to initially qualify for SSD benefits has not improved.


Still, knowing that you could lose the benefits you get through the Supplemental Security Income or Social Security Disability Insurance programs can be a cause for concern. The following information from London Eligibility about the process, including how long an SSD review takes, addresses some of the concerns that you may have about it.


What is an SSD review?


An approval of your application for SSI or SSDI benefits is based on a determination that you are blind or disabled. If your condition improves and you no longer meet the definition of disabled or blind to qualify for SSD, your benefits will be discontinued.


To determine whether you continue to be disabled or blind, federal law that Social Security periodically conducts what is referred to as a “continuing disability review.” The frequency of the review is determined whether your medical condition is expected to improve over time.


If you have a medically determinable mental or physical impairment that is expected to improve, you may anticipate having your case reviewed at least every three years. Conditions that are not expected to show improvement over time may come up for review every five to seven years.


Although a continuing disability review generally focuses on determining whether you continue to meet the medical requirements to be eligible for SSDI and SSI, it also looks at the non-medical requirements for each program. For example, as a beneficiary receiving SSI benefits, you must meet the income and resource limits for the program.


As a result, you may be asked during a review to provide information about sources and amounts of income and the value of resources that you own. You may also be asked to provide information about your living arrangements because where you live could lead to a reduction in SSI benefits. For instance, if you live with someone and pay less than fair market value for rent or food, the difference between what was paid and its fair market value may be used to reduce what you get from SSI.


Types of medical disability reviews


When it is time for a review of your claim, you will receive either a short or long form. The short-form or disability update report asks for answers to the following questions related to a specific reporting period:


1). Have you engaged in any type of work or self-employment?

2). Have you participated in work training programs or attended school?

3). Have you talked to a doctor about returning to work and, if so, has the doctor cleared you to return to work?

4). Do you feel better, worse or the same since the start of the reporting period?

5). Have you gone to a doctor or clinic for treatment or evaluation or taken medications and why?

6). Have you been hospitalized or had surgery?


Upon completion of the short form, you sign and return it according to the instructions that come with it.


If you have an impairment that is expected to improve, you may receive the long form, which is also called a continuing disability report. Don’t be alarmed if Social Security asks you to complete a continuing disability report even though you already completed the short form. Sometimes, the responses you give on a disability update report suggests to Social Security a need to have you complete a long-form report.


Do not ignore a notice from Social Security asking you to complete either of the two forms. Failing to comply will not make the request go away, and the end result of your refusal to comply will be termination of your benefits. Instead of ignoring it, contact a disability advocate at London Eligibility for assistance.


How long does an SSD review take?


Completion of an SSD review based on the information that you provide by completion of a short form generally takes a few months. It can take much longer to complete a long-form review given the fact that Social Security may request copies of your medical records once it goes over the information that you provide in the long form.


You can appeal an adverse outcome of a disability review


Social Security must notify you of the outcome of an SSD review. When you receive the notification, remember that an adverse outcome, such as a reduction or stoppage of SSI or SSDI benefits, may be appealed. Contact London Eligibility for a free consultation as soon as you receive the notice from Social Security. A disability advocate will explain your rights based on the results of the SSD review and get the appeal process started on your behalf.


How Often Does Social Security Review Disability Cases?

If you receive Social Security disability benefits through either the Supplemental Security Income or Social Security Disability Insurance programs, you know how long and difficult the application process can be. It is, therefore, quite understandable for panic to set in when you receive notice that the Social Security Administration plans to review your case. Fortunately, as long as you meet the disability requirements to remain eligible, you will continue to receive your SSD benefits each month.


Federal regulations require that the Social Security Administration periodically review disability cases to determine that beneficiaries meet the disability standards to continue to receive their SSI or SSDI payments. Representation by a skilled and experienced disability advocate from London Eligibility eases the anxiety brought on by a disability review. The information in this article about the continuing disability review process, including events that may trigger a review, should also help to ease concerns that you may have about it.


What is a continuing disability review?


A continuing disability review or CDR is not an effort by Social Security to find an excuse to terminate your benefits. Federal regulations require periodic reviews of disability cases to determine that you continue to meet the medical guidelines that allowed you to qualify for Social Security disability benefits.


As long as you continue to be disabled or blind within the guidelines used to determine eligibility for SSD, your benefits will continue and not be affected by the review. The review process starts by asking you for information to determine whether there has been an improvement in the physical or mental impairment or impairments upon which you were found to be disabled and eligible for benefits.


If Social Security determines that your condition has improved, it must decide whether you continue to qualify for benefits as blind or disabled as those terms are defined in the federal regulations. A determination that your SSI or SSDI benefits will be stopped or reduced as the result of a continuing disability review may be appealed, but you need to speak with a disability advocate as soon as you get the notice because you only have 60 days to request reconsideration of the determination.


How frequently will Social Security review my SSD case?


The scheduling of a continuing disability review depends on the likelihood that your medical condition will improve. The following are the intervals recommended under federal regulations for scheduling disability reviews:


1). Medical improvement expected: Some types of cases, such as those involving fractures or where corrective surgery for a medical condition is planned, may be scheduled within the first 18 months after approval of the application for benefits. A review will not, however, be scheduled sooner than six months from the initial date of approval.


2). Permanent impairment: Some types of conditions are considered as so severe as to be unlikely to improve sufficiently for a person to engage in substantial gainful activity. Examples include Parkinson’s disease, Lou Gehrig’s disease, and amputation of a leg at the hip. When medical improvement is not anticipated, disability reviews may be scheduled at seven-year intervals.


3). Nonpermanent impairment: Some types of impairments are not permanent in nature and are not expected to improve based on their level of severity and facts of a particular case, so they are classified as “nonpermanent,” which means there is a possibility of improvement. Examples of conditions causing nonpermanent impairment include hyperthyroidism and chronic ulcerative colitis. Cases with nonpermanent impairments are scheduled for continuing disability review about once every three years.


There are circumstances that may cause Social Security to conduct a continuing disability review at times other than those based on the expectation of improvement in your medical condition. Situations that may result in a review include the following:


A). Development of a new or improved treatment for your particular medical condition.

B). You return to work after successful completion of a trial work period.

C). You show a substantial increase on your earnings record.

D). You report that you have recovered and are no longer disabled.

E). You completed state vocational rehabilitation services.

F). You report that you returned to work.

G). Someone in a position to know reports that you are no longer disabled, have returned to work or are not following the treatment plan prescribed by doctors.


If you may be scheduled for what is referred to as a “vocational reexamination” upon completion of vocational therapy or training. The purpose of this type of review is to determine if you have the ability to return and no longer meet the definition of disabled to continue to be eligible for SSD benefits.


Learn more about disability reviews from an advocate


If you receive notice of a disability review, you will lose your benefits by not complying with it. As soon as you receive any type of notice from Social Security pertaining to your SSD benefits, contact an SSDI and SSI disability advocate at London Eligibility for assistance. Contact us today for a free consultation.


How Long Does It Take To Get Supplemental Security Income?

Someone who is blind, disabled or aged with limited income and resources may find themselves in dire financial straits. The Supplemental Security Income program available through the Social Security Administration provides a minimum level of income in the form of monthly cash benefits to pay for food and shelter, but you must first get through an application process and meet strict eligibility guidelines.


As you struggle with health and financial issues, the time it takes for Social Security to make a decision on your application feels like an eternity. The disability advocates at London Eligibility understand your stress and anxiety and offer skilled assistance with the application process and, if necessary, representation to appeal an adverse determination.


The following information about the process and tips on what can be done to expedite it should answer some of the questions you have, including how long it takes to get SSI. Use it and the advice of your disability advocate to ease some of the stress and anxiety you may be experiencing.


Do not get the Social Security disability programs confused


Two programs exist to pay SSD benefits to people who cannot work because of a disability or blindness, but each has different requirements you must meet in order to qualify for benefits. You can avoid needless processing delays and denial of your application by knowing in advance whether you meet the guidelines.


Social Security Disability Insurance is one of the SSD programs offering benefits to qualified individuals whose disability prevents them from working, but you need to have worked at jobs or through self-employment and paid Social Security taxes on the income. You do not need an earnings record from jobs or self-employment to qualify for SSI; however, there are limits on income and the value of resources that you do not have with SSDI.


Both SSDI and SSI use the same definition of “disabled” to determine whether adults meet the medical criteria for eligibility. You must have a medically determinable physical or mental impairment that prevents you from engaging in substantial gainful activity as would be required to perform work-related tasks. The impairments must be expected to last for at least 12 months or cause death, so temporary disability that might qualify for state disability programs would not meet the standard to qualify for SSDI and SSI.


One important distinction between the two programs as far as when payments begin after your application is approved is that payments through SSI begin immediately. You must be disabled for at least five months before receiving your first SSDI payment.


How long is the application process?


Social Security evaluates all aspects of your application to determine whether you meet eligibility guidelines. Making certain that your application is correctly filled out and that all information provided is accurate helps prevent delays caused by Social Security having to request additional information.


Keep in mind that medical records play a huge part in the process used by the Social Security Administration to determine whether you meet the medical criteria to qualify for benefits. Simply because your doctor says that you are disabled or blind still requires a careful review by the SSA of all medical records supporting your claim.


Those records must contain sufficient documentation for the SSA to approve your claim. The records should include the following:


1). Notes of clinical examinations and findings.

2). X-rays and other diagnostic testing results.

3). Results of blood work and other laboratory testing.

4). Statements of diagnosis and prognosis prepared by your treating physician or medical provider.

5). Psychiatric and psychological testing and evaluation results for individuals disabled because of a mental impairment.


Incomplete medical records or the failure of medical providers to respond to Social Security requests for your records delays the approval process. Your SSI disability advocate at London Eligibility contacts your medical providers to ensure that the records needed to support your claim for Social Security disability benefits are provided to the SSA in a timely manner.


It is telling to note that the SSA website states that it takes three to five months to review and make a determination on a typical application for SSD benefits. It also cautions applicants about delays in the process caused by an inability to obtain an applicant’s medical records. Keep in mind that appeals of an adverse decision take longer.


What can you do to expedite the process?


You can avoid delays in the processing of your claim for SSD benefits in several ways, including:


1). Review with your disability advocate the eligibility requirements to make certain that you qualify for SSI.

2). Instead of waiting for Social Security to request medical records and other documents, a disability advocate at London Eligibility submits them with the application.

3). Keep all appointments scheduled with your doctors and follow the treatment plan they recommend for you.

4). Be honest and truthful when preparing the application and in all interactions that you have with your disability advocate and with Social Security.


If your initial application for SSD benefits is denied, you have the right to appeal the determination, but you must act quickly because there are deadlines for filing for a review.


A disability advocate can help


Applying for SSDI and SSI benefits can be a lengthy and confusing process unless work with someone who understands Social Security laws and regulations. Let a disability advocate at London Eligibility review your claim and help with your application or appeal. Contact us today for a free consultation.


How Is The Amount of Social Security Disability Benefits Calculated?

When you depend on the money you get from Social Security disability benefits, you want to know that it has been correctly calculated. No one appreciates your concerns better than a disability advocate at London Eligibility, so we want you to understand the methods that Social Security uses to calculate Supplemental Security Income and Social Security Disability Insurance benefits.


Some of them, particularly the method used to determine your monthly SSDI benefit, can be quite complicated. That is why we check to make certain that the benefits are correctly calculated and work hard to get Social Security to make corrections when we discover errors.


What method do they use to calculate SSI benefits?


To qualify for benefits through the SSI program, you must be blind, disabled or elderly, which means that you are 65 years of age or older. You also must be financially eligible by having limited income and resources or assets that do not have a total value in excess of $2,000 for individuals or $3,000 for married couples where both spouses are eligible for SSI benefits.


The monthly federal benefit payable through SSI is $841 for an individual and $1,261 for a couple who both qualify for benefits. These payments represent a 5.9% increase over what was paid to beneficiaries in 2021 as a result of an annual cost-of-living adjustment. If you live in a state that supplements the federal benefit, you may receive more than these amounts.


Income that you receive from sources other than SSI may reduce the federal benefit amount. For example, earnings from working while receiving SSD benefits may decrease your monthly benefits. However, not all income counts toward reduction of your SSI benefits.


For example, the first $20 of unearned income, which would be income from a source other than a job or self-employment, does not count and may be excluded. The same is true for the first $65 of earned income and one-half of the remaining balance, which are excluded before any deduction is made from monthly SSI payments.


To see how that works, assume that an SSI beneficiary has a part-time job or is self-employed and earns $599 a month. The first $65 is deducted leaving an earnings balance of $534, but that is not what counts against your monthly benefit. Instead, only one-half of it counts, so your SSI payment for the month would be reduced by $267, which means your SSI payment for that particular month would be $574 instead of $841.


How are SSDI benefits calculated?


Things get more complicated when you become disabled after establishing a record of earnings at jobs or through self-employment. If you paid into the Social Security system through payroll taxes or self-employment taxes on the income, you may qualify for SSDI provided you are disabled within the definition used by the Social Security Administration.


The SSA definition of disabled requires that you meet each of the following requirements:


1). You must be unable to engage in substantial gainful activity.

2). It must be caused by a medically determinable physical or mental impairment.

3). The impairment or impairments must have lasted or be expected to last for at least 12 months or be expected to cause death.


In other words, just because you qualified for temporary disability benefits through a state-funded program in your state does not mean you automatically qualify for benefits through SSDI. It is more difficult to meet the definition used by the SSA.


If you do have a disability that qualifies you for SSDI benefits, the monthly benefit is not based on the severity of your disability nor how long it has lasted. It is based on a calculation that uses your lifetime covered earnings. “Covered earnings” are those earnings on which you paid Social Security taxes.


The calculation starts by determining the average monthly earnings over the course of your working life, which is then adjusted for historical growth. Some of your highest-earnings years are used to calculate your primary insurance amount or PIA. However, the number of years actually used varies depending on how long you worked before becoming disabled.


Keep in mind that whatever the calculations determine as your monthly SSDI benefit may be reduced if you also receive state disability benefits or benefits through workers’ compensation. The total of the other benefits and the SSDI cannot exceed 80% of the average earnings you had prior to being disabled.


Checking to make certain you get the benefits you deserve


The disability advocates at London Eligibility want you to get all of the Social Security disability benefits that you are entitled to receive, so we carefully review your claim for benefits to ensure that it has been correctly calculated by Social Security. When you have questions about SSDI and SSI benefits, contact us at London Eligibility for answers.


How to Win a Social Security Disability Federal Court Appeal

Filing a Social Security Disability (SSD) claim can cause an applicant to feel heightened anxiety until the Social Security Administration (SSA) sends notice of its decision. Unfortunately, many claims are denied initially and are then appealed to the next level of review. More than 95% of SSD claims are resolved before they reach the Federal Court Appeal stage, but some cases do rise to that level of review.


London Eligibility specializes in providing professional advocacy services for all Social Security Disability claims. If you have an SSD claim for benefits, London Eligibility will assist you from the first step through to the final decision, even if that means appealing all the way to federal court. Attorney Scott London has extensive experience representing clients whose SSD claims need review by a federal court judge to receive proper adjudication.


Winning an SSD Appeal in Federal Court


Appealing an SSD claim denial all the way up to federal court is relatively unusual. By the time an SSD application has been reviewed, reconsidered, supplemented with additional evidence, argued at a full hearing before an Administrative Law Judge, and reviewed for errors by the SSD Appeals Council, most benefit claims have been thoroughly litigated. By that time, an SSD applicant seeking benefits usually learns the facts of their case either do not qualify or they are somehow otherwise ineligible. Every argument has been made and considered.


But some cases remain unresolved and are compelling enough to justify the unusual step of appealing the denial of benefits to the federal courts. At this stage, the complexity and technical nature of the legal proceedings require the expertise of a Social Security Disability Lawyer. A non-attorney advocate cannot represent you in federal court. Although you may act alone, it is never a good idea for an SSD claimant to attempt to represent themselves in federal court.


Your federal court SSD attorney’s formal pleading documents will trigger responses to be filed by the SSA. The SSA will submit your entire SSD file, including the ALJ’s full written decision. Your lawyer will argue the specific legal, factual, and analytical failures committed by the ALJ that the Appeals Council failed to correct. The federal court judge will not conduct a whole new trial of your case, only a review of the previous record.


A skilled SSD lawyer will identify what evidence the ALJ misunderstood, or what required legal issues they failed to address, and will emphasize why your right to benefits were improperly denied.


Intense preparation and absolute familiarity with the facts of your case are what wins in federal court. While few cases warrant the expense and time required to appeal an SSD benefits denial to federal court, a high percentage of SSD federal court appeals are resolved in the claimant’s favor.


Accepting the guidance of an experienced federal court SSD lawyer is imperative when assessing whether your case is right for the extraordinary filing of a federal court appeal. The key to winning a federal court appeal of your SSD claim denial is presenting the best possible case during the ALJ hearing. The right SSD lawyer or professional SSD advocates like those at London Eligibility is essential.


Getting an SSD Claim to Federal Court – The Social Security Disability Appeals Process


Social Security Disability (SSD) claimants have a right to appeal every decision denying them benefits. To explain how an experience SSD lawyer wins a federal court SSD appeal, we’ll review all the appeal levels that come before that stage in the process.


Initial Claim Denial: When you file your SSD claim, your application is reviewed and denied at this initial stage, requiring a claimant to request the claim be submitted for “reconsideration.” Because the reconsideration is conducted on basically the same information available to the initial claim evaluator, few initial denials are reversed by this reconsideration review. If denied again after reconsideration, filing an appeal leads to an ALJ hearing.


ALJ Hearing Denial: The claim review conducted by an Administrative Law Judge (ALJ) is much more in-depth and includes your personal participation with your own SSD lawyer or advocate. These hearing often find grounds to award benefits that were denied earlier. The ALJ must review specific facts and make detailed findings on the record, and issue a reasonable judgment based on the evidence.


The ALJ Hearing is extremely important to any eventual federal court appeal. The federal court judge is limited in what they can consider in your SSD appeal.


If the claim is denied by the Administrative Law Judge after hearing, then an appeal is filed bringing the case before the Social Security Disability Appeals Council, the highest level of appeal within the SSA for claims denied SSD benefits.


The Social Security Disability Appeals Council Denial: The SSD Appeals Council will review the ALJ’s hearing decision and look for legal errors, overlooked evidence, or additional evidence. Then the Appeals Council can uphold or overrule the ALJ’s decision, or it can remand the case back to the ALJ to be reconsidered regarding grounds cited by the Appeals Council.


If denied relief by the SSD Appeals Council, it’s time to consider appealing to federal court. However, only through serious consultation with an experienced SSD lawyer will you know if your case is right for that step.


How Much Will SSI Checks Be in 2022?

The Social Security Administration (SSA) adjusts benefit amounts it pays to people receiving Supplemental Security Income (SSI) and those who receive Social Security Disability Insurance (SSD or SSDI) benefits. The adjustments are intended to keep the buying power of the benefits in line with the rate of inflation over the previous year. Our focus in this blog post will be limited only to SSI payments because the formula used to set payment amounts in the SSI program is entirely different from the SSDI program.


London Eligibility Disability Advocates wants all our clients to fully understand exactly what benefits they are entitle to and how the amount of their monthly benefit payments is calculated. Our entire team of SSI lawyers and professional advocates will assist you with all your SSI issues, whether you are just thinking of filing for benefits or you are currently dealing with some problem regarding your ongoing SSI benefit payments. Contact London Eligibility Disability Advocates for help today.


2022 SSI Payment Amounts and How They Are Calculated


The maximum monthly SSI benefit payment amount in 2022 is $841 for an individual and $1,261 for an eligible couple. They system used by the Social Security Administration (SSA) to calculate each benefit recipient’s monthly payment amount is to start everyone’s benefit payment at the highest amount possible and then to deduct an amount determined by the recipient’s countable income.


Because everyone’s countable income is unique to them, the formula produces a different monthly benefit amount for each SSI recipient. We’ll explain the process identifying the income that gets counted and the income that does not get counted.


Different Types of Income – Earned v. Unearned & Countable v. Not Countable


SSI recipients’ income is divided into two categories by the SSA for purposes of considering what forms of income are “earned” and what income is “unearned.”


Unearned income consists of money or items of value you received for which you did not work or exchange any services or property. Unearned income could include everything from housing subsidies from HUD or other public assistance to gifts from relatives. Earned income is just that, income you receive in exchange work or from selling something.


But not all forms of unearned or earned income are counted by SSI to determine your monthly benefit.


This blog post is too brief to list every form of income that is not counted but here are some of the most common forms of income that are not counted:


Unearned Income SSI Does Not Count


1). The first $20 per month

2). Income set aside or being used to pursue a plan for achieving self-support by a disabled or blind individual

3). State or local assistance based on need that is wholly funded by the state or local area in the state

4). Rent subsidies under HUD programs and the value of supplemental nutrition assistance (formerly referred to as food stamps)

5). The first $60 of infrequent or irregularly received income in a quarter


Earned Income Not Counted by SSI


A). The first $65 per month and any unused portion of the $20 unearned income exclusion, plus one-half of the remainder

B). Impairment-related work expenses of the disabled and work expenses of the blind

C). Income set aside or being used to pursue a plan for achieving self-support by a disabled or blind individual

D). The first $30 of infrequent or irregularly received income in a quarter


Other Income Types


SSI also considers what it calls “deemed income.” This is income that a spouse or parent with whom you live received that SSI deems to be partially countable for you because you benefited from the food and shelter that they paid for. SSI also counts “in-kind income.” That’s income like free food or housing you received, like being charged less rent than market value.


Supplemental Security Income’s Benefit Calculation Formula


The Social Security Administration’s technique for determining how much your monthly SSI payment will be follows this pattern. SSI starts with the maximum possible SSI benefit amount, which is $841 in 2022.


Then, they exclude all the sources of income that are not counted toward the figure they ultimately identify as your “countable income.” As an example, let’s apply the formula to a hypothetical person we’ll call John.


Example: John lives in subsidized housing partially paid by HUD. John also receives home heating assistance from his town government, and part time a few hours per week at a local grocery store by which he earns $80 per week.


John’s Monthly Numbers


Maximum Possible SSI Benefit = $841

HUD Housing Subsidy = $450 (not counted)

Home Heating Assistance = $100 (not counted)

Earned Wages = $320


Total Countable Income = $320 per month


1). SSI excludes the first $65 earned, plus any part of the $20 exclusion not used from any countable unearned income. That means $65 plus $20 ($85) of John’s $320 income will not be counted. ($320 – $85 = $235)

2). SSI then excludes half (50%) of the remaining countable earned income. ($235 – 50% = $117.50)

3). After eliminating these amounts from John’s $320 income, only $117.50 is counted and deducted from John’s maximum possible SSI benefit amount of $841.

4). $841 (maximum benefit) minus $117.50 (John’s countable income) equals $723.50.


With the figures applied in John’s case, this month John’s SSI benefit payment will be $723.50.


Benefit Amounts May Change Every Month


The example we used in the previous section with our hypothetical SSI recipient named John is a bit of an oversimplified version of how your SSI benefit is determined. But the only real difference is that identifying and categorizing every cent of income you receive in real life is more complicated. Real SSI recipients tend to have many sources of income (federal needs-based assistance, state needs-based aid, food from food banks, SNAP funds, energy costs including home upgrades, a small pension, family gifts, etc.). Roommates may share rent and food.


And all these income amounts may change each month. Each month’s benefit is based on only the current figures reported to or known to the Social Security Administration.


London Eligibility Is Here to Help You Get Your Maximum SSI Benefit


The list of what SSI counts as income and what it excludes from counting is long and complicated. It’s no surprise that SSI recipients sometime miss claiming exclusions from their reported income every month, each time losing money they would otherwise have received in their benefit payment.


If you have questions about your SSI benefit amount, or you want to ensure that you are receiving the full amount to which you are entitled, contact us at London Eligibility today.