Living with back conditions can be difficult, impacting your ability to work and enjoy daily activities. Social Security Disability (SSD) benefits can provide valuable financial support.

If you have a back condition and plan on applying for SSD benefits, call Sigman Janssen for help. Our experienced Oshkosh Social Security Disability lawyers have decades of experience representing clients with disabilities and helping them obtain benefits.

There are no upfront fees or obligation to speak with us.

Call Sigman Janssen today for your free consultation: (877) 888-5201.

Can I Qualify for Social Security Disability Benefits With Back Pain?

Not all cases qualify for Social Security Disability benefits. To be eligible, your back condition must be severe enough to significantly impair your ability to perform basic work or other activities.

If your back condition matches the criteria for a listed impairment in the SSA’s Blue Book, you may qualify for benefits. These are some of the listings for back/spine injuries in the Blue Book:

Listing 1.15 for Disorders of the Skeletal Spine

This listing is for disorders that compromise a nerve root. This listing has four main criteria:

• Radicular distribution of pain, paresthesia or muscle fatigue
• Radicular distribution of muscle weakness, nerve root compression, irritation or tension
• Decreased sensation, sensory nerve deficit, decrease in reflexes in the deep tendons
• Imaging tests showing compromise of nerve roots in the lumbosacral or cervical spine
• Physical limitation of musculoskeletal functioning that has lasted one year or is expected to last one year

Some common examples of conditions that may qualify under this listing include:

• Herniated nucleus pulposus: This condition occurs when the soft cushion of tissue between the bones in your spine pushes out, causing pain, numbness or weakness in an arm or leg. If you suffer from a herniated disc that severely limits your ability to lift objects or perform other physical tasks, you may qualify for benefits.
• Degenerative disc disease: This is a condition where the discs in your spine break down, causing chronic pain. If you are struggling to sit or stand for extended periods due to persistent back pain, you may qualify for disability benefits.
• Spondylolisthesis: This condition occurs when one of your vertebrae slips out of place onto the bone below it, causing severe pain and potentially affecting nerve function. If you have trouble bending or twisting your back, this condition might qualify you for benefits.
• Facet arthritis: Facet arthritis, another form of spinal arthritis, leads to ongoing pain and stiffness in the back. This condition can make it challenging to perform everyday activities like standing, walking or sitting for long periods.
• Vertebral fracture: A vertebral fracture occurs when spinal bones break due to trauma or other causes. This can lead to severe pain, limited mobility and possible permanent spinal cord damage, often requiring extensive treatment and rehab. Due to the long-term treatment process, those with this type of back injury may qualify for SSD benefits.

Listing 1.16 for Lumbar Spinal Stenosis

This listing is for disorders that compromise the cauda equina, which is a group of nerve roots at the bottom of your spinal cord. The main criteria for this listing is severe pain in your lower back that limits your ability to stand up or walk.

For example, you might qualify under this listing for spinal stenosis. This is a condition that narrows the spaces within your spine, putting pressure on nerves and causing intense pain. If you find it difficult to walk or experience numbness or weakness in your legs, you may be eligible for benefits.

Other Back/Spinal Cord Conditions That Could Qualify for Benefits

Some other serious back conditions that may qualify for Social Security Disability benefits include:

Osteoarthritis

This degenerative joint disease can affect the spine, leading to chronic pain and stiffness. If osteoarthritis severely impacts your daily activities, you may qualify for SSD benefits.

Spinal Arachnoiditis

This condition refers to the inflammation of a membrane lining the spinal cord and nerves. Spinal Arachnoiditis can cause intense, chronic pain and neurological issues, severely restricting your mobility and diminishing your quality of life.

Spinal Tethering

Spinal tethering occurs when spinal nerves are abnormally attached to nearby structures, causing neurological problems. This condition can result in severe nerve pain, weakness, and loss of function, limiting your ability to move freely and perform daily activities.

Are Some Back Conditions More Likely to be Awarded Benefits?

While every situation is different, some back conditions may be more likely to result in your application receiving approval. For example, you may be more likely to have your application approved if you have:

• Arachnoiditis
• Spinal stenosis
• Nerve root compression

However, there are other conditions that may be approved. If you have questions about your eligibility for benefits, contact our experienced law firm today.

What Medical and Non-Medical Evidence Is Needed for SSD Benefits?

You will need to provide detailed medical records documenting your condition from both medical and non-medical sources.

Your treating doctors’ notes should demonstrate the severity of your condition and its impact on your ability to work. Their notes will likely include detailed descriptions of their orthopedic, neurologic or other clinical findings appropriate to your specific back disorder. Their reports should also indicate your use of assistive devices and measurements of muscle strength.

Some documentation that may be included in your doctor’s notes are:

• Diagnostic Tests: X-rays, CT scans, MRIs, etc.
• Operations: Details of your surgical procedure(s) and any medical complications
• Effects of Treatment: Descriptions of medications, therapy types, responses to treatment and any long-term complications
• Documented Physical Limitations: Descriptions of your muscle strength degradation, using the SSA’s grading of muscle function, where 0 means no function at all and 5 means normal function.
• Assistive Devices: Details of your medical requirement to use assistive devices for your stability, mobility or dexterity.

Nonmedical Sources

Your non-medical sources should provide documents that support your claim and align with your medical records. These may include:

• Personal journals
• Employer records
• Statements describing your daily activities, abilities and limitations

An acceptable nonmedical source includes​​ individuals who can provide insight into your condition and daily activities, such as:

• Family members
• Friends
• Caregivers
• Employers
• Community services
• Social workers

Why Would I Be Disqualified for Social Security Disability Benefits?

Despite having a severe back condition, some claims may be denied for various reasons. Common reasons for disqualification include:

• Insufficient Medical Evidence: Lack of medical evidence can lead to claim denials. Submit detailed records of your diagnosis, treatment and how your back condition affects your daily life and work capacity to strengthen your case.
• Failure to Follow Prescribed Treatment: If you do not follow your doctor’s prescribed treatment plan, such as surgery or physical therapy, without a valid reason, the SSA may deny your claim.
• Short Duration of Disability: If your back condition is expected to improve within 12 months, the SSA may deny your claim.
• Earnings Above Substantial Gainful Activity (SGA): If you are working and earning above the SSA’s SGA threshold, you may not qualify for benefits.
• Application Mistakes: Numerous SSD benefits claims are denied as a result of claimant mistakes that can be easily corrected. Consult an experienced SSD lawyer for help appealing your denied claim.

Back Pain? Call Sigman Janssen for Help Securing Social Security Disability Benefits

If you are struggling at work due to back pain, call Sigman Jenssen for help securing SSD benefits. Chronic back pain can be debilitating and affect every aspect of your life, so it is essential to seek professional legal assistance.

With decades of experience navigating the Social Security benefits process, Sigman Janssen is here to help you.

Call us today. There are no upfront costs or fees: (877) 888-5201.

Some shoulder injuries can cause severe limitations and chronic pain. These effects can have a significant impact on your life, limiting your ability to work and complete other tasks you once took for granted. Does this mean a shoulder injury qualifies for Social Security Disability (SSD) benefits?

Below, our Oshkosh Social Security Disability lawyers explain the types of shoulder injuries that might qualify for SSD benefits and the eligibility criteria.

If you are thinking of applying for benefits or have already done so and been denied, contact Sigman Janssen. We have helped many people with disabilities secure Social Security Disability and there are no upfront costs with our services.

Proven results. Experienced attorneys. Call Sigman Janssen today: (877)-888-5201.

What Are the Eligibility Criteria for SSD Benefits for a Shoulder Injury?

The Social Security Administration Blue Book does not have a specific listing for shoulder injuries. However, there are listings for disabilities involving joints. For instance, your shoulder injury might qualify under Listing 1.18 for abnormality of a major joint in an extremity.

Applicants may qualify for benefits under this listing if they can prove they can prove all the following:

• Chronic stiffness or pain in the shoulder
• Instability in the joint, abnormal movement or immobilization of the joint
• An anatomical abnormality that has been identified through a physical exam and medical imaging test
• Physical limitation that has already lasted one year or is expected to last for a minimum of 12 months; you must also provide documentation of one of the following three things:
  • You have a medical need for a device to assist with your mobility (walker, bilateral cane or crutches, wheeled or seated device that requires you to use both hands)
  • You cannot use one of your arms to initiate, sustain or complete work-related activity without helps; these activities must involve fine and gross movements; you must provide documentation showing you need an assistive device
  • You cannot use both your arms to initiate, sustain or finish work-related activity that requires fine or gross movements

You could also qualify for benefits under Listing 14.09 for inflammatory arthritis. Disabilities involving the upper extremities may qualify under this listing if you can provide proof of:

• Deformity or inflammation in a joint in an upper extremity that involves two or more body systems; at least two of the following symptoms: fever, severe fatigue, unexplained weight loss, malaise; OR

Persistent inflammatory arthritis that limits daily living activities, social functioning or trouble finishing tasks promptly because of problems with concentration, persistence or pace; the arthritis must be accompanied by at least two of these symptoms: fever, severe fatigue, unexplained weight loss, malaise

Qualifying Without Meeting All the Medical Criteria

Even if you do not meet all the medical criteria required by the Social Security Administration (SSA), you might still qualify for benefits through a medical-vocational allowance. Some situations that may qualify you include:

Combination of Impairments

If you have several medical conditions that collectively restrict your ability to work, even if each condition alone would not. For instance, moderate shoulder impingement and mild chronic lower back pain may not individually qualify for SSD benefits, but together, they can significantly impact your ability to complete tasks at work.

Residual Functional Capacity

If your residual functional capacity (RFC) assessment shows that you cannot perform the duties of any job you are qualified for, you might be eligible for benefits. An RFC assessment is an evaluation the SSA conducts to determine the most you are capable of despite your condition or disability.

Non-Medical Qualifications

Your age, education, and work experience also factor into qualifying for benefits. These aspects determine your ability to adapt to different types of work, based on your qualifications.

Types of Shoulder Injuries That Might Qualify for Benefits

You may be eligible for SSD benefits for several different types of shoulder injuries:

• Frozen Shoulder (Adhesive Capsulitis): This injury cause victims to experience stiffness and shoulder joint pain. Frozen shoulder, as the name implies, can significantly limit the range of motion in your shoulder.
• Rotator Cuff Tears: This injury tears the muscles or tendons that support your shoulder joint. These tears can be painful and limit range of motion.
• Shoulder Impingement: This injury occurs when the muscles in your shoulder swell. The swelling can crowd the space between your arm and shoulder bones, which could be a sharp or pinching pain.
• Shoulder Dislocation: This injury happens when the upper arm bone dislocates from the socket in the shoulder blade.
• Calcific Tendonitis: This is a condition that occurs when calcium deposits form in your rotator cuff. The calcium buildup in this area can cause inflammation or swelling.
• Shoulder Osteoarthritis: A condition where the cartilage lining your shoulder bones deteriorates, causing pain and stiffness.

Sigman Janssen Helps Social Security Disability Applicants Secure Benefits. Call Today.

If you have suffered a shoulder injury and are unsure about your eligibility for SSD benefits, we want to help.

Call us today to set up a free consultation. Let us help you secure the support you need to manage your shoulder injury and regain stability in your life. If we move forward with your case, we will not charge any fees unless we obtain benefits for you.

Learn more about our services by calling: (877)-888-5201.

There are many reasons why the Social Security Administration (SSA) denies applications for Social Security Disability benefits. Most often, people make a variety of critical mistakes when completing their applications.

Sigman Janssen has compiled a list of some of the most common mistakes people make on their applications. Our Appleton Social Security Disability Lawyers have been helping people secure federal disability benefits for decades. We know how to compile a detailed application that includes the information the SSA is looking for.

Even if you avoid the mistakes discussed below, the SSA may be more likely to reject your application if you do not seek help from an experienced attorney. Our attorneys have extensive experience and are ready to help. There are also no upfront costs with our services.

Need assistance with your application? Call Sigman Janssen: (877) 888-5201.

Applying Too Quickly

You should never rush through something as important as an application for disability benefits. You need detailed medical evidence to increase your chances of succeeding. One reason the SSA needs such detailed evidence is because they need to confirm you have a condition that will affect you for at least one year.

This is yet another reason why it is so important to contact an experienced lawyer for assistance with your application. If you go it alone, there is a higher risk of leaving out some crucial information that could doom your application.

Failing To Inform Your Lawyer About the Location of all Your Medical Records

This is arguably the most important aspect of your application. Your lawyer can help ensure your application includes detailed proof of:

Claims examiners also need a detailed account of where and when you received treatment for your medical issues, such as:

Failing To Include All Relevant Employment Records

You also need to detail the physical and mental requirements of your job, as this can help to show how your disability prevents you from fulfilling those requirements. In fact, it is important to note that for many people, the more strenuous your job is physically the higher the chances are you will be approved for disability.

Failing To Disclose All Relevant Symptoms and Medical Conditions

It is critical that you list all relevant symptoms and medical conditions. Claims examiners need to determine if your medical issues prevent you from working. If you leave out symptoms, they may think you should still be able to do some amount of work.

For example, say you have a medical condition that affects your memory or causes depression. Make sure to disclose these symptoms in the application.

Stopping Your Medical Treatment After Applying For Benefits

You need to show the SSA that you have been receiving treatment for your medical issues, but that treatment has not improved your ability to work. That said, you should continue your treatment even after you apply for benefits.

If you stop seeking treatment, the SSA will think you are not doing all you can to improve your health and physical capabilities. They will also question whether your condition is going to affect you for at least 12 months.

If you cannot make it to an appointment, be sure to reschedule it as soon as possible.

Failing to Give an Accurate Description of Your Medical Issues

Applicants should not describe their symptoms and limitations in extreme terms. For example, most applicants can stand up or sit at a desk for at least some period (although there are some applicants who may not be able to stand up at all.)

Make sure you do not exaggerate the amount of pain you feel. Most applicants do not feel extreme pain all day long. Instead, explain when you feel extreme pain during the day.

You should describe your symptoms and limitations with specific examples. For example, if pain flares up when you engage in certain activities, you should include that explanation in your application.

The SSA reviews a lot of claims, so they have a good sense of when applicants are exaggerating.

Not Reviewing Your Application For Minor Errors

Minor errors could result in your application being denied. For example, you need to make sure all the phone numbers are accurate. Misspellings, typos and other mistakes could hurt your chances of being approved. That is why you should review your application carefully and correct any errors before you submit it.

Applying Without Help From an Appleton Social Security Disability Lawyer

Hiring an attorney is one of the most important steps you can take after deciding to apply for disability benefits. Applicants who hire a lawyer may be much more likely to obtain the benefits they are seeking.

A lawyer will take steps to ensure you include the evidence you need to help improve your chances of being approved. More importantly, if you are thinking about applying, you should talk to an experienced lawyer before you get started. An experienced lawyer can let you know if you may have a good chance of being approved for benefits.

There are so many details involved in an application for Social Security Disability benefits. Hiring a lawyer is a great way to help ensure you submit a detailed application that provides all the relevant information.

Applying For Disability Benefits? Call Sigman Janssen

Many initial applications are denied, which means people will then need to appeal to have a chance of obtaining benefits. Sigman Janssen’s experienced lawyers have helped many people with disabilities obtain benefits, and we are prepared for every stage of the application and appeal process.

Call today to find out how we may be able to help you: (877) 888-5201.

A stroke can cause a wide variety of physical, psychological and behavioral problems that make everyday life much more challenging. These issues can also prevent the victim from being able to work.

If you or a loved one suffered a stroke, you should consider applying for Social Security Disability. Stroke victims may qualify for benefits if they can prove they meet certain criteria.

However, you need detailed evidence to prove your eligibility. That is why many applicants decide to seek legal help. Working with an experienced lawyer who knows how to obtain the information you need reduces the risk of errors and delays, which can also help qualified applicants get benefits sooner.

Sigman Janssen’s Green Bay Social Security Disability attorneys have helped many applicants obtain benefits, and there are no upfront costs with our services.

Give us a call to discuss your application: (877) 888-5201.

What Is a Stroke?

A stroke occurs when there is a loss of blood flow to the brain, which causes brain cells to die. Strokes can be caused by blood clots (ischemic strokes) or ruptures in blood vessels that lead to the brain (hemorrhagic strokes).

How Does a Stroke Affect the Victim?

Strokes destroy brain cells, which can lead to many serious physical and cognitive problems. If you suffer a stroke on the left side of your brain, the right side of your body will be affected. That means you could have complete or partial paralysis on your right side, which would make it much harder to complete daily tasks like grooming, bathing and getting dressed.

You could also suffer cognitive issues, including:

• Memory loss
• Trouble speaking
• Changes in personality – you may be more cautious or slow to make decisions, even though you were not like that before

If you suffer a stroke on the right side of your brain, you may suffer visual impairment.

Other long-term effects of a stroke may include:

Is a Stroke a Disability Under Social Security Guidelines?

The Social Security Administration’s Blue Book has a listing for strokes (11.04 Vascular insult to the brain). If you can prove your medical issues fit the criteria for this listing, you may qualify for disability benefits.

You must demonstrate one of the following:

• Sensory or motor aphasia that causes ineffective speech or communication that lasts for at least three consecutive months after the injury occurred
• Disorganized motor function in two extremities that severely limits your ability to stand up while seated, balance while you are walking or standing up, or using your upper extremities; this reduced motor function must last at least three months in a row
• Severe limitation of your physical functioning and severe limitation in at least one of these areas of mental functioning lasting for at least three months:
  • Interacting with other people
  • Concentrating, persisting with tasks or maintaining pace
  • Managing oneself or adapting
  • Understanding, remembering or applying information

You will also need to prove you have not been able to work for the past year or that you will be unable to work for a minimum of one year.

What if You Do Not Qualify Under This Listing?

You may be surprised to learn that many people who are approved for benefits do not meet the criteria for one of the listings in the Blue Book.

If you suffer a stroke but cannot qualify under the listing for a stroke, you may still qualify for disability benefits under a listing for a visual or hearing impairment. If you cannot qualify under a listing for visual or hearing impairment, you may be able to get a medical-vocational allowance. This is an evaluation of your medical issues and how they affect your ability to work.

You must undergo a residual functional capacity evaluation to determine if you are eligible for disability benefits. This evaluation determines your physical and mental capabilities as it relates to your ability to work. For example:

Does a Stroke Automatically Qualify For Disability Benefits?

The Social Security Administration has a compassionate allowances program that fast-tracks the approval process for certain conditions. Although a stroke is a severe injury, it generally does not qualify for this program. Typically, you can only get a compassionate allowance for conditions like early-onset Alzheimer’s disease, schizophrenia, autoimmune diseases, certain cancers and other rare diseases.

Evidence To Prove Your Disability

You will need detailed medical evidence to show that you qualify for disability benefits. This evidence is likely to include:

Call Sigman Janssen To Discuss Your Social Security Disability Application

Many people who apply for disability benefits give up after their initial application is rejected. However, many initial applications are rejected, even though the applicants may have a medical condition that meets eligibility criteria.

That is why it is important to discuss the issue with an experienced attorney. The attorneys at Sigman Janssen can review your situation to determine if you might be eligible for benefits. We can also handle the application or appeal process on your behalf, at no upfront cost. Our firm has helped many with disabilities obtain federal benefits.

Call today to find out how we may be of assistance. Phone: (877) 888-5201.

Living with a mental illness can be challenging, especially if it affects your ability to maintain employment.

Fortunately, the Social Security Administration (SSA) recognizes the impact mental health conditions can have on individuals’ lives and provides benefits to those who qualify.

Below, we discuss how individuals with a mental illness may be able to receive Social Security Disability (SSD) benefits.

If you need help with your application, our Social Security Disability attorneys in Green Bay are prepared to help. We do not charge you any upfront fees. You only pay us when you receive your benefits.

What Mental Illnesses May Qualify For Disability?

There are specific mental illnesses that may qualify for SSD benefits. That said, applicants must provide detailed evidence that shows they meet the criteria set by the SSA Blue Book:

Psychotic Disorders

Psychotic disorders are severe mental health conditions characterized by a loss of touch with reality.

Schizophrenia and schizoaffective disorder are examples of psychotic disorders. Individuals with these disorders may experience the following:

• Hallucinations
• Delusions
• Disorganized thinking
• Social withdrawal

Individuals suffering from this condition have a difficult time functioning and maintaining employment.

Mood Disorders

Mood disorders, such as major depressive disorder and bipolar disorder, are illustrated by significant changes in mood, energy levels and behavior. These conditions can severely affect an individual’s ability to function and maintain employment.

Major depressive disorder often involves persistent feelings of sadness, hopelessness and a loss of interest in activities. Bipolar disorder involves alternating episodes of depression and mania.

Obsessive-Compulsive Disorders

Obsessive-compulsive disorders (OCD) are mental health conditions that generally encompass intrusive thoughts (obsessions) and repetitive behaviors (compulsions).

OCD can significantly interfere with daily activities, including work responsibilities. Individuals with OCD may experience excessive worries, fears and a strong need to perform rituals or repetitive behaviors to alleviate anxiety.

Personality Disorders

Personality disorders are chronic mental health conditions that affect an individual’s thoughts, emotions and behaviors.

Borderline personality disorder and antisocial personality disorder are examples of personality disorders that can impair an individual’s ability to interact with others and maintain stable employment. These disorders can cause significant difficulties in relationships, emotional instability, impulsivity and challenges in regulating emotions.

Impulse-Control Disorders

Impulse-control disorders refer to conditions characterized by a failure to resist impulses, leading to disruptive or harmful behaviors. Conditions such as kleptomania (compulsive stealing) or pyromania (compulsive fire-setting) fall under this category.

These disorders can have a detrimental impact on an individual’s ability to function and maintain employment due to the impulsive and potentially illegal nature of the behaviors.

Eating Disorders

Eating disorders, including anorexia nervosa, bulimia nervosa and binge-eating disorder, can have severe physical and mental consequences.

These disorders significantly impact an individual’s physical well-being, including weight loss or gain, malnutrition and potential organ damage.

The psychological effects, such as distorted body image, intense fear of gaining weight and unhealthy eating behaviors, can also greatly impact an individual’s ability to function and work.

Trauma or Stressor-Related Disorders

Trauma or stressor-related disorders are a result of experiencing or witnessing traumatic events.

Post-Traumatic Stress Disorder (PTSD) is one of the most common conditions in this category. Symptoms may include the following:

• Avoidance of triggers associated with the traumatic event
• Intrusive thoughts
• Nightmares
• Flashbacks
• Hypervigilance

PTSD can occur after experiencing or witnessing a traumatic event and can significantly impact an individual’s ability to function in everyday life, including employment.

What Are the Challenges of Proving a Mental Illness?

Mental illnesses often involve symptoms that are subjective and may not have visible physical manifestations.

Unlike a physical disability that can be proven through medical tests or imaging, mental health conditions heavily rely on self-reporting and the assessment of healthcare professionals. This subjectivity can make it hard to provide objective evidence to support your claim.

To establish your eligibility for SSD benefits based on a mental illness, it is crucial to provide comprehensive medical documentation from qualified healthcare professionals. This documentation should include a formal diagnosis, treatment history and explanation of the impact of the mental illness on your daily life and ability to work.

However, obtaining and organizing all necessary medical records can be challenging, especially if you have seen multiple healthcare providers or have had gaps in treatment.

Inconsistencies or gaps in mental health treatment can raise questions about the severity or impact of your condition. The SSA may question why treatment was not consistently pursued or why certain recommended treatments were not followed. It is important to seek regular and consistent mental health treatment, follow your healthcare provider’s recommendations and maintain a record of your treatment history.

Call Sigman Janssen Today to Discuss Your Application

It is difficult to secure SSD benefits for a mental health condition. That is why it may be in your best interest to work with an experienced attorney who may be able to gather the necessary evidence to get you approved for benefits.

Our lawyers have decades of experience helping individuals with disabilities obtain benefits. We offer a free consultation and there are no fees while we work on your case.

Call (877) 888-5201 to get started.

If you are filing for Social Security Disability (SSD) benefits, and you have dependents, you may be wondering whether those individuals also qualify for benefits. The answer is yes, but it is important to understand some of the rules surrounding SSD and dependents.

You can file your application and the application for your dependents at the same time or file each application individually. Let our Appleton-based Social Security Disability lawyers help you through the process. We offer a free consultation to discuss your claim, and there are no hourly fees if you choose to work with us. We only receive payment if you are approved for benefits.

Call (877) 888-5201 today.

What Dependents Qualify for SSDI Benefits?

Your dependents may be eligible for up to 50 percent of your SSD benefits. These benefits are also known as auxiliary benefits. The Social Security Administration (SSA) outlines who qualifies as a dependent.

Spouse

Your spouse can also claim SSD benefits so long as he or she meets at least one of the following criteria:

• Is 62 years old or older
• Is caring for your minor child who is younger than 16
• Is caring for an adult child who became disabled before the age 22

For your spouse to receive SSD benefits as well, he or she must not be receiving a Social Security retirement or disability benefit of his or her own that exceeds the spousal benefit from your SSD. The SSA refers to eligibility for multiple types of benefits as “dual entitlement” and will only pay the higher of the two benefits.

Divorced Spouse

If you are divorced and seeking SSD benefits, your former spouse may also be eligible for benefits only if the following criteria are met:

• He or she is 62 years old or older and has not remarried
• The marriage lasted at least 10 years

If your former spouse remarries, he or she will no longer be eligible for your SSD benefits.

Children

If you have children who depend on you, they may also be eligible for an SSD check. To receive benefits, the child must be:

• Your biological child
• Adopted child
• Stepchild

Grandchildren may also qualify as dependents only if you have custody of said child. If you have a step grandchild, then his or her parents must both be deceased, and you must have adopted the child.

Benefits for a child do not depend on the marriage status of his or her parents. If you were not married to your child’s second parent, then you must prove parentage for your child to qualify for benefits.

Other requirements for your child to be able to receive benefits include:

• Being unmarried
• Being younger than 18, or
• Being a full-time high school student who is younger than 19

Full-time college students who are older than 18 do not qualify for benefits. If your child marries before the age of 18, his or her benefits will also stop.

If you care for a disabled adult child who is unmarried and became disabled before the age of 22, he or she may also qualify for benefits.

Is There a Maximum Family Payout for SSD Benefits?

There is a limit to how much a single family may receive in SSD benefits.

According to the SSA, the maximum family payout varies, depending on benefit amounts and the number of qualifying members. Generally, families may not receive more than 150 to 180 percent of disability payments to a single person.

This means that if you have three children and a spouse who qualify as dependents, each of their allotted benefits will be reduced to fit into that 150 to 180 percent limit.

Any payments for SSD benefits made to your former spouse will not affect the benefits you and your current dependents receive.

Will My Dependents Also Receive Backpay if I am Approved for Benefits?

Once you and your dependents are approved for SSD benefits, you all qualify for backpay. This means that any months you were waiting to qualify for benefits should be paid to you in one lump sum.

If you were approved for benefits before your dependents, then the months you spent waiting for approval may also be paid in one lump sum to your dependents. For example, if you were approved in January, but your child or spouse did not get approved until March, you should receive a lump sum for the months of January, February and March of that same year.

Have More Questions? Call Us Today

If you are applying for SSD benefits, your dependents may also qualify. Call our knowledgeable attorneys today to help you through the process.

We offer a free consultation, and there are no upfront fees for our services.

Call (877) 888-5201 today.

A speech disorder can have far-reaching consequences for many people. Not only can it impact your personal life, but it may also hurt job performance. Depending on the type of employment you have, a speech disorder may seriously impact your ability to communicate with co-workers and customers.

If you suffer from a speech disorder that is hindering your ability to work, you may be eligible for Social Security Disability (SSD) benefits. Our Oshkosh Social Security Disability lawyers may be able to help you through the application process. We do not charge any upfront fees for our services.

Call (877) 888-5201 to schedule a free consultation.

Examples of Speech Disorders

People with speech impairments have difficulty pronouncing different sounds of speech. They might distort the sounds of some words and leave other sounds out completely.

There are generally three categories of speech impairment:

• Fluency disorder – the repetition of sound or rhythm
• Voice disorder – an unusual pitch, quality, resonance or volume
• Articulation disorder – certain sounds are distorted or omitted

Some common types of speech disorders or impairments include:

• Apraxia – when the brain’s signals fail to communicate with the mouth, so the lips and tongue do not move the way they are meant to.
• Dysarthria – when the muscles one uses to talk are too weak so one cannot form words properly.
• Orofacial Myofunctional Disorders (OMD) – characterized by an abnormal pattern of facial muscle use. People who suffer from OMD may also have difficulty breathing through their noses.
• Speech sound disorders – struggling to pronounce certain sounds f while speaking. This is common in people who are recovering from a stroke.
• Stuttering – repeating words or sounds involuntarily.
• Muteness – inability to communicate verbally due to damage in the brain or vocal cords from a severe medical event or illness.

People may begin experiencing speech impairments as children, which may carry on into adulthood. However, speech impairment may also be the result of trauma or a medical event like a stroke.

Loss of speech is also a symptom of other medical conditions like:

• Cancer in the mouth or throat
• Down syndrome
• Autism
• Weak muscles, such as from muscular dystrophy
• Huntington’s Disease
• Parkinson’s Disease
• Dementia

What Are the Requirements to Qualify for Social Security Disability for a Speech Disorder?

To qualify for SSD benefits for a speech disorder or impairment, the applicant must meet certain medical and non-medical criteria.

Non-Medical Criteria

These are any requirements that are not tied to your medical or mental health conditions. This includes:

• Proof of age – to determine how long you were working before you were disabled and if you have earned enough work credits.
• Employment records – to prove you were working prior to your disability.
• Marital status – your spouse’s income plays an important role in determining what kinds of benefits you are eligible for.
• Social Security Disability Insurance coverage information – the amount of benefits payable is based on how much you have worked the 10 years before your disability claim.

Extent of Impairment

When it comes to determining whether you qualify for SSD due to a speech disorder, the extent of your impairment is important.

If you have had a significant speech disorder that has lasted or is expected to last for more than a year and it has impacted your ability to work, you may be eligible for SSD. The Social Security Administration (SSA) would review your claim to ensure your symptoms fit a disability listing in the blue book. You would need to show your medical records to prove you suffer from the speech disorder you claim.

Proof of how your disorder is affecting your ability to do your job also shows the severity of your condition. However, the SSA may require you to find alternative employment. For some people, this could mean a significant reduction in income, so it is important to work with an attorney who can help you prove you are unable to work due to your disability.

When the SSA looks at your potential ability to do other kinds of work, they will consider a variety of factors, such as your:

• Age – The burden of proof is greater for applicants who are younger than those who are older.
• Education – People who have more skills and education may be able to do more types of work than those who have limited education and job skills. That means people with more skills and education have a higher burden of proof.
• Work experience – Claims examiners need to determine if skills you applied in previous work may apply to jobs in other industries.

Your attorney will likely want you to have a speech pathologist perform diagnostic tests that help detail your speech issues. Doctors’ notes about your treatment and how you are responding to treatment can also be important.

Claims examiners will also want to see if it may be possible to provide you with an electronic device to help others understand your speech. If something like this works, it is unlikely you will be awarded disability benefits.

What if Your Condition Does Not Satisfy Criteria From the Blue Book?

You may have a speech disorder that does not fit the criteria outlined by the Social Security Administration (SSA).

In this situation, you may need an assessment of your Residual Functional Capacity to determine whether you can perform work-related tasks. For example, can you communicate with your coworkers and with customers? Can you communicate on the phone when needed? Are you able to work with others even though you have speech issues?

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If you suffer from a speech disorder due to a medical condition or event that is preventing you from working, you may be eligible for Social Security Disability benefits. Your medical and employment records are just one part of the claim. You also must prove how your disability is affecting your ability to work normally.

Let our experienced attorneys help you through this legal process. We know how to gather the appropriate evidence to build a strong application.

Call (877) 888-5201 to schedule a free consultation.

Many people take on seasonal work to earn extra income, develop or strengthen an existing job skill or ease back into the workforce. Seasonal work is not just reserved for the holiday season or for in-person positions. Working a seasonal job, however, may affect your eligibility for Social Security Disability benefits.

Generally, being employed could affect your eligibility for benefits if the work is deemed sustainable. This is determined based on the kind of work you do and the amount you earn per month.

If you do seasonal work or are considering it and want to apply for disability benefits, it is in your best interest to consult with an experienced Oshkosh Social Security Disability lawyer. The lawyers at Sigman Janssen are here to review your situation in a free initial consultation.

Learn more by calling (920) 245-3400.

Substantial Income

A condition to receive and retain Social Security Disability benefits is that you cannot earn a substantial income. This is otherwise known as engaging in substantial gainful activity (SGA). You cannot make more than the earnings limit for that year. Otherwise, your disability benefits may be discontinued.

While doing seasonal work may not seem like enough to earn a living, the SSA may think that your part-time work demonstrates an ability to work normal hours, with or without employer accommodations.

Trial Work Period

Disabled individuals are encouraged to try and re-enter the workforce when possible. If you had to stop working because of your disability, doing seasonal work may be a good option. Working a seasonal job will not make you ineligible for benefits under a trial work period – an incentive offered by the SSA.

You are able to test your ability to work for at least nine months. The nine months do not have to be consecutive within a rolling five-year period. However, it is important to keep track of the number of months you work so that your disability benefits are not discontinued.

Disability Review

Working while receiving Social Security Disability benefits may trigger what is known as a Continuing Disability Review (CDR). The SSA reviews almost anyone who receives disability benefits at set interval times. Certain things that may trigger a CDR include:

• If your medical condition has improved;
• A new treatment for your condition is now available; or
• You return to work and make over the SGA limit

If you have not been receiving Social Security Disability benefits for that long, doing work may also trigger a review. The findings of a CDR could lead to your disability benefits being canceled.

Unsuccessful Work Attempt

If you attempted to do seasonal work but were forced to stop working due to your disability, you may still be able to receive benefits throughout the months you were working. Perhaps you had to resign or were terminated because your disability did not allow you to perform the work tasks required of you.

Duty to Report

It is important to note that Social Security Disability recipients must report all earnings – including seasonal work – to the SSA. The upside is that these earnings could count toward your future benefits. (You are able to earn Social Security credits when you work in a job and pay Social Security taxes.)

You also have a duty to report the following work-related changes:

Reach Out for Trusted Legal Help

If you want to apply for Social Security Disability benefits and still take on seasonal work, it is important to know about how working can impact eligibility for benefits. Learn more about how seasonal work could affect eligibility for benefits during a risk-free, no-obligation consultation with an experienced lawyer at no cost to you.

We are ready to discuss the SSA’s rules on work earnings and how they may apply to you. There are zero upfront fees to retain our services and no fees unless we help you obtain benefits.

Talk to a lawyer today: (920) 245-3400.

After waiting to be approved for Social Security Disability benefits, some claimants may be surprised to learn that their benefits may be taxed, so the overall amount of benefits they receive will be reduced. However, Social Security Disability Insurance (SSDI) benefits are not always taxable.

Below, our Oshkosh Social Security Disability lawyers discuss whether you are required to pay taxes on benefits. Request a free consultation today if you need help with your disability claim.

When Disability Benefits Are Taxed

For the majority of claimants, Social Security Disability benefits are not taxed. However, if the claimant has other substantial income, he or she may be liable for taxes on a portion of their income. This could happen if the claimant:

• Works
• Is self-employed
• Has interest, dividends or other income from savings
• Has a spouse who works

Taxable Amounts of Social Security Benefits

The taxable amount of your Social Security benefits depends on your total income and your filing status. If your only form of income is SSDI benefits, you may not owe any taxes on this income.

If you earned additional income besides your SSDI benefits or your spouse earned income and you file jointly, you may owe taxes on up to 85 percent of your benefits under the following circumstances:

• Filing a federal tax return as an individual with an annual income over $35,000
• Filing a joint tax return with a combined annual income over $44,000

The tax rate you pay on your benefits is the same as the rate for the rest of your income. For most SSDI claimants who have to pay taxes, they will pay their marginal tax rate of 10 to 15 percent of their benefits or 33 to 35 percent of their benefits for higher incomes.

The Social Security Benefit Statement you receive each January will show the amount of benefits you received last year. You can use this form when you complete your federal income tax return.

What About Back Payments?

Many Social Security claimants must wait months or years before their claim is approved, which may result in a large back payment for the months when they were eligible until the date of their award.

When claimants are paid for benefits for the months they were disabled but were not yet approved for benefits, their income for the year that they were approved for benefits may be significantly higher. This may result in a greater tax liability for that year.

Claimants can offset some of this liability by applying the SSDI benefits they were owed from prior years to prior tax returns so that their income for the year they receive the back payment is lower. This requires amending prior tax returns and possibly owing taxes for those years, but this strategy may help to reduce the larger tax liability for the year with back pay.

State Taxes on Disability Benefits

Some states impose their own tax on disability benefits. Some use the same income brackets as the federal system while others use their own system. However, Wisconsin is not a state that currently imposes state taxes on disability benefits, so your only tax liability related to your Social Security Disability benefits is on the federal level.

Our Disability Attorneys Are Ready to Help

If you are having issues understanding your Social Security benefits, we recommend that you reach out to an experienced disability attorney from Sigman Janssen.

Our attorneys are prepared to help you throughout the claims process and answer any questions or concerns you may have.

Schedule a free, no-obligation case review. (877) 888-5201.

When you start collecting Social Security disability benefits, dependents who rely on your income, such as a spouse or ex-spouse, may also qualify for benefits. Eligibility will depend on several factors, including the type of benefits that you receive, dependents’ age and their relationship to you.

Our Green Bay Social Security disability attorneys are prepared to review your situation to determine if one or more of your dependents may be eligible for benefits on your earnings.

Dependents Who May Be Eligible for Benefits

The Social Security Administration (SSA) may provide benefits to certain family members who are financially dependent on you only if you are receiving Social Security Disability Insurance (SSDI) benefits. Dependents of recipients collecting Supplemental Insurance Income (SSI) are not eligible for benefits.

Current Spouses

Your current spouse may qualify for benefits if he or she is 62 years or older when you begin receiving disability benefits.

Spouses may also qualify for benefits if they are caring for a child who is under 16 years of age or disabled and is eligible for dependents’ benefits.

Former Spouses

If you are divorced, your former spouse may be eligible for disability benefits if he or she is 62 years or older, is unmarried and cannot obtain a higher benefit amount based on his or her own earning record or your earnings record. The marriage must have lasted at least ten years for this benefit to apply.

It is important to note that the amount of benefits paid to a former spouse does not impact the amount of benefits recipients and their current spouses may be eligible to receive.

Family Benefit Maximums

Each spouse or ex-spouse may be eligible to receive benefits that are equal to half of the amount of the disability benefits that you receive. However, there is a family benefit maximum. The SSA caps the family benefit amount at 150 to 180 percent of your disability benefits. A complex formula is used to determine the amount of benefits that should be paid. If the amount your dependents would receive is above this amount, benefits to all eligible family members are reduced equally.

When Spousal Benefits Are Payable

Spousal benefits are payable once he or she turns 62, unless he or she collects a higher Social Security benefit based on his or her own earnings record. The spousal benefit amount is permanently reduced by a percentage based on the number of months until he or she reaches full retirement age.

If your spouse is caring for your child under the age of 16, spousal benefits can become payable before your spouse reaches retirement age. These benefits would continue until your child turns 16. At that time, your spouse would lose benefits unless he or she is old enough to receive retirement or survivor benefits as a widow or widower.

Learn More About Your Options

Obtaining dependent benefits can be a challenge. The disability attorneys at Sigman Janssen are ready to discuss your and your spouse’s eligibility during a free, no-obligation consultation. We may also be able to help gather information during the application process, such as proof of marriage and dates of prior marriages.

Our firm charges no upfront fees. You only pay us if you receive benefits, so there is no risk to contacting us to learn more about your options.

We are available to take your call anytime. (877) 888-5201.