Social Security and Unusual Diseases

What if you have an unusual condition or disease? Such as Marfan Syndrome or Ehlers Danlos. Does this automatically qualify you for Social Security Disability?

Social Security does not look strictly at your condition. Just because you are diagnosed with a disease does not mean you will be granted Social Security Disability.

The Social Security case reviewers and Judges focus on how your condition limits your daily activities.

They want to know about any pain or other symptoms you may have. Does it affect the use of your hands? Does it reduce your concentration?

The Judge is trying to decide whether you are able to work a job.

Questions about what Social Security Judges are looking for in Illinois? Feel free to call me.

Social Security Disability and Back Problems

Chronic back conditions are a source of much pain and discomfort.

If you have had back surgery or multiple surgeries you may have a good case for Social Security Disability.

The main thing Social Security looks at is the limitations of your condition.

For example, does your back pain keep you from lifting to a great extent, or do you have spend most of the day seated or laying down?

Does your back pain affect your concentration?

Do your pain medications make you tired and groggy?

Continuing treatment with a pain management doctor also documents your chronic back condition.

Questions about your back problems and Social Security Disability? Please feel free to call me, Dirk May, at 309-827-4371.

Social Security Disability and Headaches

You can get Social Security Disability if you suffer headaches.

Most cases involve multiple problems such as headaches, chronic back pain and fibromyalgia. And the Social Security Judge will look at all the conditions to determine whether you are disabled.

However, there are some cases where people with severe headaches can win their cases without any other health issues.

You will need medical treatment with specialists, records showing multiple emergency visits for your headaches, and a list of your headache medications.

The main area Social Security Disability Judges look at are your limitations. So you should keep track of the number of days a week you have headaches, how long they last, and how your medications affect your energy and concentration levels.

Questions about headaches or other health problems that may qualify you for Social Security Disability? Please feel free to call me to discuss.

Social Security Denials and You

What is up with all the Social Security denials?

It is really not unusual to be denied by the Social Security Administration for your disability application. The key is to keep trying.

Someone in Springfield, Illinois sits in their office and reviews your records, and denies your claim.

If you accept the denial and do not appeal you will have to start over again.

If you appeal, your file will be sent back to Springfield, Illinois for someone else to review it. Everyone has a different view so they may approve you.

If you are denied again, you must appeal again so an Administrative Law Judge will listen to your testimony and review your medical records. Many times the Judge will have a different view from Springfield and approve your Social Security Disability claim.

Even if you are denied by the Administrative Law Judge you can reapply for disability benefits. Once again I have seen many clients approved when they reapply.

You cannot give up.

Call me to represent you in your Social Security Disability case in Bloomington, Peoria, Pontiac, Springfield, Champaign or Decatur, Illinois.

What are the chances of Winning my Social Security Disability case?

Many times I am asked this question. It is human nature to want to know. But, truthfully I cannot tell you.

The more I represent people in Social Security Disability the more surprised I am by outcomes.

I could tell you stories of people who are tragically disabled who are denied for one reason or another.

I can also tell you about people found disabled that somewhat surprise me.

The best thing I can tell you is that this is a people business. In other words, the Judges who decide the Social Security Disability cases are human and they have some discretion in their decision making. They do not go down a strict check list.

As one Social Security Judge told me, it is his job to make sure that Social Security pays the people who are entitled to benefits. This is much different than another Judge who might say his job is to make sure that Social Security benefits are not paid to undeserving claimants.

The Social Security Judges are much more inclined to listen to with a empathetic ear to those who are straightforward, who are balanced in their testimony, who are likeable, and who are descriptive. For example, everyone has a good and bad days. What are they like and how often do you have good days. Vague answers do not help the Judge. Concrete examples do help him understand what is happening at home. The hearing is a serious matter, but a slight sense of humor does not hurt. If you are extreme in your testimony some judges think you are exaggerating, or complaining excessively.

Your testimony is extremely important in a Social Security Disability hearing.

Please feel free to contact me to discuss what happens at a Social Security Disability hearing. I cover the Bloomington, Peoria, Pontiac, Springfield, and Champaign, Illinois areas.

Social Security Disability Predictions for 2010

Predictions are a dangerous game, especially when it involves the Social Security Administration, but here goes.

* Filing for Social Security Disability will not get any easier. You can file online now, but it still takes a lot of time and it is frustrating to go through all the steps.

* Social Security will not speed up the decision making process. More people are filing for Social Security Disability, less workers are available so it will still take several months at the initial decision making levels.

* Social Security Disability hearings will not be scheduled any faster. The Peoria-Bloomington Illinois region reduced its waiting time to close to 12-15 months after the hearing request in 2009. I do not see this time coming down significantly. There are too many cases pending and the judges and their staffs can only do so much.

* It will not be any easier to get Social Security Disability. You will still have to show you cannot work your past jobs, and if you are under 50 years of age you must prove you cannot work any job. The law has not changed and will not change in 2010.

Questions about Social Security Disability? I will be glad to talk with you. I am a Social Security Disability Lawyer who helps people in Peoria, Bloomington, Springfield, Pontiac, and Champaign, Illinois. Please feel free to call me at 309-827-4371. Ask for Dirk.

Merry Christmas and Happy New Year

A belated Merry Christmas and Happy New Year!

I know it is a tough time of year for those who are suffering through illness and disability and waiting for the government to do something.

But I found a nice book with a collection of writings from the 19th Century English Pastor Charles Spurgeon. I like this brief excerpt: If He remembers even the sparrows, will He forget one of His children? “Cast your burden on the Lord and He shall sustain you; He shall never permit the righteous to be moved.” (Psalm 55:22)

Social Security Disability and Pain

One important factor in most Social Security Disability cases is explaining your pain to the Administrative Law Judge.

You can break it down into different areas such as:

What is is like? Do you ache? Is it a shooting pain?

Where is it? Does your back pain run down your leg? What parts of your body are affected?

How often does your pain occur, and how long does the pain last?

What aggravates or causes your pain? What is your best position for dealing with the pain?

How does your pain limit you? How does it affect your sitting, standing, walking and lifting? Does it reduce your daily activities?

How do your medications deal with the pain? Do you have any side effects from the medications, such as fatigue or loss of concentration?

What is a bad pain day like? On average how many bad pain days do you have in a week?

The more descriptive and concrete you can be, the better so the Social Security Judge will understand exactly what you are dealing with on a daily basis.

Mental Illness and Social Security Disability

I spend much of my time helping people get their Social Security Disability Benefits they have paid for.

Depression and other mental health conditions are often very disabling.

Social Security recognizes mental conditions alone, and in combination with physical problems, as grounds for finding someone disabled.

Medical evidence is very important in Social Security Disability cases. In mental health cases this means it is crucial that you see a psychiatrist and counselor. You must treat on a regular basis, and take your medications as prescribed.

The basic standard for deciding whether you are disabled is whether your illness keeps you from working full time. The Social Security Judge will focus on limitations caused by your condition. Such as reduced productivity due to lack of concentration, fatigue, inability to follow instructions and carry out daily activities.

Other important factors are hospitalizations, side effects from medications, and the opinions of your psychiatrists and counselors.

Please feel free to contact me, Bloomington, Illinois Social Security Attorney Dirk May, to discuss to best way to present your mental health case to the Social Security Administration.

Should You Listen to the Social Security Office?

Some people have told me that their Social Security Office told them not to bother to appeal because they will just be denied.

Does this make sense?

Well, we know what the result will be if you do not appeal your denial for Social Security Disability benefits. You will lose and have to start over.

It takes long enough to go through the Social Security Disability process so you do not want to start over. You will also lose out on potential back benefits if you do not appeal.

I have also heard of people being told they do not need a lawyer. It is true that you do not need a lawyer to apply for benefits and go to the Disability hearing. However, the benefits outweigh the negatives.

Using a lawyer shows Social Security you are serious. Using a lawyer costs no up front fees. You only pay fees on back benefits. Based on the potential for Social Security Disability benefits for the rest of your life it is certainly worth it to have an experienced lawyer help you with your case.