Social Security Cost of Living adjustment

Social Security recipients will be receiving a cost of living increase of 3.6 percent, the first increase since 2009, beginning in next year. The cost of living or COLA adjustment is tied to a measure of inflation.

For more details you can visit the Social Security website at  http://www.ssa.gov/cola/

Sjögren’s Syndrome

Sjögren’s Syndrome is an autoimmune disease where an individual’s white blood cells attack moisture-producing glands. The disease is in the national sports spotlight as Venus Williams recently withdrew from the US Open after having been diagnosed with the disease. 

Typical symptoms of Sjögren’s include dry eyes and dry mouth, but may also affect the functioning of other organs and the central nervous system. Individuals may also suffer from fatigue and joint pain. Sjögren’s may be present in conjunction with another autoimmune disorder and may not be readily diagnosed.

While some people experience mild symptoms, others may suffer debilitating symptoms that affect their ability to function in their day-to-day lives, including an inability to work

Such individual maybe eligible for Social Security Disability if a rheumatologist has diagnosed your condition. In addition, under Social Security Listing §14.10, the medical evidence establishes:

A. Involvement of two or more organs/body systems, with:

1.      One of the organs/body systems involved to at least a moderate level of severity; and

2.      At least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) or

B. Repeated manifestations of Sjögren’s syndrome, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:

1.      Limitation of activities of daily living.

2.      Limitation in maintaining social functioning.

3.      Limitation in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace.

If you or someone you are close to suffers from Sjögren’s Syndrome or other autoimmune disorder that seriously impacts you ability to work, you should contact an attorney to discuss your particular circumstances.  

Post Traumatic Stress Disorder

Post Traumatic Stress Disorder or PTSD is an anxiety disorder that some individuals develop after experiencing or witnessing a traumatic event. Others may develop the disorder after a person close to them experiences danger, is seriously injured, or dies suddenly. 

Some people experience symptoms right after the event or trauma, but for others, symptoms may not appear or become a problem until much later.

Symptoms may include: repeatedly thinking about the trauma, nightmares or flashbacks; being constantly on guard, feeling anxious, feeling irritable or easily angered, an inability to concentrate, avoiding people or places that you associate with the trauma, loss of interest, keeping to yourself; panic attacks, physical symptoms, difficulty functioning in your daily life, abuse of alcohol or drugs, relationship problems, depression.

The effects of this condition can make day-to-day functioning difficult. Sometimes the symptoms are so bad, they interfere with an individual’s ability to work, in which case, they might be eligible for Social Security Disability or Supplemental Security Income.

If you or someone close to you is suffering from PTSD, whether from military service or other traumatic injury or event, you maybe eligible for Social Security Benefits.  You should contact an attorney to discuss your specific circumstances.

Can I work and still receive SSDI benefits?

This is a frequent question we get from clients. The Social Security Administration encourages individuals to try to return to work.  The Trial Work Period “TWP” allows you to return to work for a period of 9 months (and not necessarily consecutive months) during a 60-month period and still receive your SSDI benefits. A trial work period will commence after you are found disabled, and when you “perform services” in any given month. In 2011, you are considered to be performing services in a month in which your earnings exceed $720.

After your TWP ends, you begin what SSA calls an Extended period of eligibility or EPE (unless SSA determines that you have medically improved.). The EPE is a 36-month period during which Social Security will monitor your earnings. You will receive benefits for those months that you do not earn SGA or Substantial Gainful Activity (SGA for 2011 is $1000.00 per month) and you continue to have a disabling impairment. During the EPE you will not have to file a new claim for benefits if your earnings fall below the SGA level. After the 36-month period ends and you perform SGA, your benefits will stop. At this point, you have 5 years in which to file for an expedited reinstatement of your benefits, should you stop work due to your impairment.  The time frames can be confusing and you should consult with your attorney if you have questions.

Medical reports

Since the claimant has the burden of proving disability in a social security case, it is very important to have medical reports and a Medical Source Statement or Residual Functional Capacity form, that list specific restrictions, that are supported by the medical record.

I often receive notes from treating physicians indicating the claimant "can not work" or is "totally disabled". Unfortunately, such opinions are not binding on the Social Security Administration and do little to help the claimants case.

Social Security is required to give controlling weight to the opinion of a treating phyisician regarding claimant's limitations only if that opinion is supported by "medically acceptable clinical and laboratory diagnostic techniques" and "not inconsistant with the other substantial evidence" in the record. Factors considered incluse the length and frequency of the treatment, the nature and extent of the treatment relationship, the physician's speciality and the consistancy of the opinion to the record.

It is very helpful if the treating physician completes a Medical Source Statement(MSS) or Residual Functional Capacity form (RFC) in addition to providing copies of medical records, and test results. These forms address specific limitations and help the ALJ interpret the medical evidence.