Systemic lupus erythematosus, or simply lupus, is evaluated in the immune system section of the Disability Evaluation Under Social Security disability handbook, more commonly known as the Social Security Blue Book. Although there is a specific listing for lupus in the Social Security disability handbook listing 14.02, the reality is that due to the complicated nature of the disorder, the disability criteria for lupus is somewhat lacking in specificity as other impairment listings are often involved.

According to the NIH, lupus is an autoimmune disorder that attacks different body systems or multiple body systems simultaneously with each exacerbation. Lupus can cause a wide range of limitations that are dependent upon the body system or organs that have been affected. Consequently, Social Security evaluates the limitations imposed by lupus under a variety of other impairments depending upon which body system (or systems) has been affected.

Limitations caused by lupus are evaluated under other impairment listing sections that address impairments of the following body systems: joints, muscles, ocular, respiratory, cardiovascular, digestive, renal, hematological, skin, neurological, or brain. This just means that to be approved for Social Security disability benefits for lupus an individual must meet the criteria established for the body system affected by lupus. For example, an individual with neurological problems must meet the criteria contained within the neurological listing.

If an individual does not meet the criteria established for their particular manifestation of lupus symptoms, they still may be able to receive Social Security disability if the following is true:

Their lupus condition involves two body systems or organs to a lesser extent, and at least one of the body systems or organs is affected by an impairment that is at least moderately severe.

The individual is experiencing severe documented constitutional symptoms and signs such as weight loss, joint pain and stiffness, fever, extreme tiredness, or malaise.

The SSA will use medical history, lab studies, medical imaging (x-ray, blood test, scans, MRI, CT scans, etc.), and even biopsies to establish the existence, duration, and severity of a claimant’s lupus. In addition to this type of medical documentation, the SSA requires a treatment record of at least three months in order to establish that an active impairment exists in spite of treatment and that the condition is expected to last twelve months or more.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Unfortunately it is becoming all to common for those applying for Social Security Disability benefits to suffer delay after delay while their claims languish in a bureaucratic mess as the Social Security Administration struggles to keep up with a growing caseload. Given the numbers of aging baby boomers, the SSA has found itself under incredible stress and its ability to promptly handle cases has been compromised.

For a small group of claimants who are suffering from severe illnesses, many of their cases are never even heard because they die before ever reaching the point of getting a proper hearing. The Social Security Administration has said that some 2,000 cases were dismissed last year because the claimant died. This figure is tragic not only for the deceased who was never able to get benefits, but also for his or her family members who are in need of support.

Everyone who is familiar with the disability process knows it can take years to finally begin receiving benefits. Most claims are denied at first and then must be appealed up the chain of command until the case is given a fair hearing. Overcrowded dockets such as those in Toledo, Ohio and other places can slow the process down and mean that some of the most vulnerable claimants never receive their day in court.

The SSA has been dealing with mounting problems for years. More than 63,000 claimants waited at least 635 days for an initial appeal hearing and decision back in 2007. Thankfully that number has come down, but nowhere near where it ought to be. The SSA says that the process has gotten faster and that it hopes to end the backlog of cases that are older than 310 days. Though this represents a big drop from how bad things used to be, it is important to note that this wait comes after an individual has already waited an average of 150 days for a claim to be denied and then reconsidered before appealing to the ALJ.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Beginning on November 19, 2012, the Social Security Administration will close field offices to the public 30 minutes early each day. For example, in Ohio that means that Ohio Social Security offices will now be open to the public 9 a.m. to 3 p.m. Mondays through Fridays, a reduction of 30 minutes each weekday. Beginning January 02, 2013, SSA will also close field offices to the public at 12:00 p.m. on Wednesdays.

In making the announcement, the agency noted its employees will continue to work their regular hours but this shorter public window will allow them to complete face-to-face interviews and process claims work without incurring the cost of overtime.

In August of 2011 the Social Security Administration took a similar step and reduced public access by 30 minutes per day in order to minimize overtime and reduce administrative expenses. In May of this year Social Security Commissioner Michael Astrue announced that tight budgets would force him to cut between 2,500 and 3,000 employees this year, and another 2,000 or more in fiscal 2013. The Commissioner testified before Congress that this would mean that the SSA would be forced to close its offices even earlier next year. Astrue said that such deep staffing cuts could impact the SSA’s ability to reduce its claims backlog, a problem that has been trouble for the agency (and for desperate claimants) for years.

The Social Security Administration also announced that prior to the recent cuts its local field offices were serving approximately 180,000 people per day. The result of the recent closures will be a rather dramatic drop in traffic. In fact, the agency estimates that its offices will see around 40,000 less visitors per day in 2013.

The agency is hoping to minimize the impact of the closures on citizens by shifting more questions online. The SSA says that most Social Security services do not require a visit to a local field office. The vast majority of important services, including applying for disability benefits and signing up for direct deposit, can be done online at www.socialsecurity.gov or by calling 800-772-1213.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John Nicholson at 1-800-596-1533 for a free consultation today.

There are certain situations in which noncitizens may be eligible for SSI benefits. As a noncitizen, you must meet one of the following requirements:

- Have been lawfully residing in the United States as a permanent resident on August 22, 1996, and be blind or disabled;
– Have been receiving SSI on August 22, 1996, and are lawfully residing in the United States;
– Have been lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) and have a total of 40 credits of work in the United States. (Work credits of your spouse or parent may count towards your total as well)

It is also important to note that even if you have at least 40 total work credits (equal to 10 full years of work), you may not be immediately eligible to receive benefits if you entered the U.S. on or after August 22, 1996. In that case, you may not be eligible to receive SSI benefits until you have been lawfully admitted for permanent residence in the U.S. for a total of five years.

There are some other situations where noncitizens may be eligible for SSI payments as well. This includes active duty members of the U.S. armed forces, members of federally recognized Indian tribes, and certain noncitizens who have been admitted to the U.S. as refugees or victims of severe human trafficking.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Source: SSA Publication No. 05-11051, ICN 480360, December 2012

If your disabling condition makes it hard for you to drive or arrange transportation to your local Social Security office, there is some good news from the Social Security Administration. You’re now able to complete and submit your application for Social Security disability benefits from the privacy of your own home computer.

The amount of time the process takes to make a decision on your application can vary depending on a number of factors, such as:

• the nature of the disability;
• how quickly medical records are obtained from your doctors, hospitals, or other medical sources; and
• whether the SSA needs to send you for a medical examination in order to obtain evidence to support your claim.

There are several ways that the service can be sped up. In some cases, a new project known as the Compassionate Allowances initiative allows the SSA to fast-track cases involving people with very severe. Some 165 different types of disabilities qualify for this expedited decision, and that list continues to grow. To read more about the Compassionate Allowances initiative, visit www.socialsecurity.gov/compassionateallowances.

Another way to speed things up involves the Quick Disability Determinations initiative, which uses technology to identify claimants who have the most severe disabilities and then encourages the SSA to expedite those cases.

The SSA also gives claimants a list of things they can do to help speed the process along. The most important is that the more information an applicant provides in the beginning, the less time will be wasted with additional requests. Applicants should make sure to provide the following information initially:

• all medical records or documentation you have;
• the names, addresses, and phone numbers for any doctors, hospitals, medical facilities, treatment centers, or providers related to your disabling condition; and
• the names, addresses, and phone numbers for recent employers and the dates worked for each employer.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John Nicholson at 1-800-596-1533 for a free consultation today.

Source: http://www.ssa.gov/pgm/disability.htm

An important resource that many veterans may not be aware of is the Social Security Administration’s Wounded Warrior website, which is found at: www.socialsecurity.gov/woundedwarriors.

The Wounded Warriors site exists to answer questions about disability benefits for veterans and what returning military members need to do to receive expedited processing of their disability claims. The expedited process is used for military service members who became disabled while on active military service on or after October 1, 2001, no matter where the injury actually occurred.

One thing that’s important to mention is that the benefits available through the Social Security Administration are different than those available from the Department of Veterans Affairs and each requires its own application. In order to be eligible for federal and state veteran’s disability benefits, you must have been honorably discharged from active military service. If you were not honorably discharged, regardless of the reason, you will not be eligible for compensation.

If you suffer from any of the following common injuries that affect returning soldiers, consider contacting an experienced Social Security Disability attorney to discuss your next steps:

• Post-traumatic stress disorder
• Radiation poisoning
• Cognitive disabilities
• Physical disabilities
• Traumatic head injuries
• Amputation
• Chronic disorders
• Loss of hearing and vision
• Cushing’s syndrome

If you think you may be entitled to Social Security Disability or VA benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

A recent article in the Washington Times discussed the increasing stress that the Social Security Disability system is operating under and how that stress has led to troubling problems affecting millions of Americans.

Investigators working for a Senate subcommittee examined hundreds of cases in which disability benefits were approved and found that those making the decisions frequently ignored warning signs such as incomplete or inconsistent information. Senators have said this review demonstrates the need for an overhaul of the existing system. One Senator said that the decisions from some administrative law judges (ALJs) were so bad that the final verdict seemed almost entirely arbitrary.

Though the first phase of this investigation involved looking over applications that were approved but should not have been, the Senate committee says it will next turn its attention to those cases that were denied and may have been denied wrongfully. Those in charge say they worry that they will discover the system is not helping many of the people it was designed to protect.

For its part, the Social Security Administration says it has work to do to fix problems in the system. However, they claim that outlier decisions occur far less often than they used to and the decisions of many ALJs are affirmed with much more regularity then ever before.

That may sound good, but problems still abound. The massive report showcased one ALJ from Oklahoma who has issued more than 1,000 decisions each year since 2006. Judge W. Howard O’Bryan Jr. peaked in 2008 with 1,846 decisions and regularly approved 90 percent or more of the claims. This compares to an average ALJ approval rate of about 60 percent. The investigation revealed that his decisions were notable only for their “poor quality” and how Judge O’Bryan often regurgitated the same boilerplate language in each case decision.

One case that apparently prompted the investigation, involved a man living as an adult “baby,” meaning he slept in an adult-sized crib and wore diapers. The man was collecting disability benefits despite having demonstrated carpentry skills and his ability to work with a reality TV show and a website for other adult “babies.”

The case of the adult “baby” highlighted another problem according to the Senate subcommittee and that is how out of date the list of jobs given to ALJs are. The list has not been updated since the 1970s and excludes many computer-related jobs that some people (possibly other adult “babies”) with disabilities might be able to perform.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Source: “Judging of disability claims flawed, Senate study finds,” by Stephen Dinan, published at WashingtonTimes.com.

Sleep apnea is a disorder characterized by moments during which a sleeping person is unable to move their respiratory muscles or maintain airflow through the nose and mouth. In short, this means a person stops breathing for short periods of time. Generally those suffering from sleep apnea stop breathing for 10 to 30 seconds at a time while they sleep. These short periods without air can happen up to 400 times ever evening.

Those who are overweight are at an increased risk of developing sleep apnea, as fat deposits can develop in the neck and then block the airway. Those suffering from the disorder, perhaps unsurprisingly, sleep very badly and wake up most mornings still feeling tired.

There are two types of sleep apnea, first and most common is obstructive sleep apnea which occurs when something blocks the windpipe. Central sleep apnea, by comparison, is rare. Central sleep apnea is related to the central nervous system, and occurs when the brain fails to send the proper signals to the muscles used for breathing. Sleep apnea can be treated or improved by wearing a positive airway pressure device at night. These devices are masks worn over the face to assist with breathing.

While many people who have sleep apnea will have a hard time qualifying for disability, those who have suffered complications from sleep apnea are more likely to qualify. For instance, if you have pulmonary vascular hypertension, or heart trouble such as cor pulmonale, or a severe cognitive impairment that resulted from your lack of sleep, you may be eligible for benefits. The SSA lists certain criteria for sleep-related disorders, and if you fulfill the requirements, you will be approved for disability benefits.

The first thing the SSA looks for is a sign of cognitive impairment. Chronic sleep disruptions caused by apnea can affect daytime alertness, intellectual ability, memory, and mood. But to qualify for disability benefits, your symptoms must be severe. The SSA requires that your sleep apnea has caused cognitive or mood changes that limit your activities, your ability to function socially, or your ability to focus and keep up with work. These can include severe personality changes, memory problems, delusions or hallucinations, emotional instability or a loss of more than 15 IQ points.

Another way that those suffering from the effects of sleep apnea can receive disability benefits is if they have cor pulmonale. This is an enlarged right heart ventricle caused by hypertension which can result from years of sleep apnea. To prove that your cor pulmonale is severe enough to keep you from working, your doctor must have evidence of either: high blood pressure in the pulmonary artery or extremely low oxygen levels in your blood.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Rheumatoid arthritis is a disease that causes damage to joints, organs, and bodily systems due to inflammation of joint tissues. While inflammation is usually a response by a person’s immune system to disease or infection, the immune system of someone suffering from rheumatoid arthritis attacks the person’s healthy joints, causing pain, stiffness, and swelling in the joints. As the disease progresses, it causes difficulty in engaging in even ordinary activities, this includes things as simple as walking, standing, getting dressed and personal grooming.

Rheumatoid arthritis is not the same as osteoarthritis or other forms of arthritis. Instead, it is an autoimmune disease, which causes the body’s immune system to mistakenly turn on otherwise healthy tissue. Physicians diagnose rheumatoid arthritis by a physical examination, followed by blood tests to detect abnormalities and then by using body scans or bone scans to examine the effect of the disease on the person’s joints.

Symptoms of rheumatoid arthritis include pain and swelling of the joints that cause them to be tender to the touch, red and puffy hands, fatigue, fever, weight loss, and morning stiffness. Generally the smaller joints are affected first, followed by the larger joints and even the neck. Sadly, there is no cure for rheumatoid arthritis and doctors work to slow down the progress of the inflammation.

To be approved for Social Security Disability benefits due to rheumatoid arthritis or other inflammatory arthritis, you must may meet the requirements found in Listing 14.09 of the Blue Book.

These requirements say that claimants must have a three-month history of constant joint pain, swelling and tenderness that involves multiple major joints. These joints are defined as the hip, knee, shoulder, ankle, elbow, or hand and wrist. In addition, joint inflammation, swelling, and tenderness must be found upon physical examination by a doctor, despite attempts at treatment. You must also have considerable restriction of joint function. Finally, all these symptoms must be expected to last for at least twelve months.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Chronic heart failure (CHF) is a potentially lethal condition where the heart cannot pump a sufficient amount of blood, which can then cause blood to accumulate in the vessels leading to the heart and can cause congestion or accumulation of fluid in various parts of the body. The precise part of the heart that fails impacts the damage caused. For instance, if the left chambers of the heart fail, blood backs up into the lungs, causing lung congestion. If the right chambers of the heart fail, blood backs up into the legs and the liver, causing congestion and swelling, called edema. CHF is usually accompanied by an enlargement in the size of the heart.

Symptoms of heart failure can be mild or moderate, including shortness of breath, fatigue, and weakness, especially with exercise. CHF can also cause heart palpitations and dizziness. Treatment of CHF can be very difficult and involves rest, proper diet, and a variety of medications.

The Social Security Administration (SSA) will evaluate whether a patient with CHF qualifies for disability under its listing for “chronic heart failure” which appears as listing 4.02. To qualify for disability benefits under the SSA’s listing for chronic heart failure, you must have been diagnosed with severe continuing heart failure despite being on heart medication. It is important to note that the SSA’s listing does not require that you have fluid retention at the time of evaluation to begin receiving disability benefits, but your medical records should show that you have suffered some fluid retention at some point in time. More specifically, the following typically must be shown to meet a disability listing:

• Your medical records must show the following evidence of either systolic or diastolic heart failure.
- Systolic failure: the heart’s ejection fraction (the percentage of blood pumped out of the heart with each heartbeat) is 30% or less during a normal period, or the heart’s left ventricular end diastolic dimensions are larger than 6.0 cm.
- Diastolic failure. thickness of left ventricular wall septum 2.5 cm or larger on imaging, an enlarged left atrium 4.5 cm or larger, and normal or elevated ejection fraction during a normal period.

To receive benefits under the listing, you must also be able to demonstrate one of the following symptoms:
• Inability to perform an exercise tolerance test (ETT) at a workload equivalent to 5 METs or less
• If an exercise tolerance test would be too risky, persistent symptoms of heart failure that very seriously limit your daily activities are required to be shown, or
• At least three episodes of heart failure and fluid retention within the past 12 months, requiring emergency room treatment or hospitalization for at least 12 hours.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Typically, stenosis symptoms get worse over time and, while they often start by affecting only one side of the body or the other, they can grow to encompass both sides. These symptoms include: numbness, cramping, pain in the back, buttocks, thighs, calves, neck, shoulders, or arms, weakness of part of a leg or arm. Symptoms are more likely to be present or get worse when you stand or walk. They will often lessen or even totally disappear when you sit down. It for this reason that most people with spinal stenosis cannot walk for a long period of time.

Spinal stenosis can be treated with anti-inflammatory medications and pain medications, some of which specifically target nerve pain. Physical therapy and cortisone injections can also be prescribed. In some cases, surgery might be recommended to remove the bony tissue that is compressing the nerves.

The Social Security Administration (SSA) discusses Disorders of the Spine, including spinal stenosis, under Section 1.04 of the Blue Book. In order to meet or medically equal listing 1.04 with respect to obtaining Social Security Disability benefits, your medical records might show the following:

• You must be diagnosed with spinal stenosis.
• Your records must show that your condition has caused nerve root compression and that this compression has resulted in pain, limited range of motion of the spine, and muscle weakness. The SSA will require a straight-leg raising test to prove this.
• You must also demonstrate evidence of pseudoclaudication (leg pain that becomes worse with walking) that is severe enough that it results in an inability to effectively walk, and should include the results of all imaging studies (meaning, an MRI or CT scan).

It’s important that your medical records also document the precise treatments you have received and your reaction to those treatments. It’s critical that your doctor make sure to list all limitations spinal stenosis has caused in your everyday life, further demonstrating the need for disability benefits.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

All bankruptcies are governed by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The law requires that every person who files for bankruptcy undergo mandatory credit counseling at least 180 days before they can officially file. The credit counseling must be conducted by an organization approved by the government. Besides the credit counseling, those who file for bankruptcy also need to complete a debtors’ education course before the government will officially discharge their debts.

The U.S. Trustee program is the government agency that approves the organizations that provide the mandatory credit counseling and provide the debtors’ education program. If the group’s name appears on the U.S. Trustee program’s list of approved credit counselors and educators, then they are an acceptable option, if not, then don’t waste your time or money.

Each of these programs follows a specific timeline. The credit counseling course must happen before the debtor files for bankruptcy and the debtors’ education course must take place after the debtor has filed the initial claim. When the debtor files for bankruptcy, he must include in the already mountainous pile of paperwork a certificate of completion for the credit-counseling course. The debtor must also submit evidence that he or she has completed the debtors’ education program before the debts can finally be discharged.

The credit counseling session is meant to involve a thorough examination of the debtor’s complete financial life. The credit counselor is supposed to provide the debtor with some alternatives to bankruptcy and also give the debtor an opportunity to learn how to develop a better personal budgeting system. If the debtor cannot afford the counseling session, the credit counseling organization is required to offer the counseling free of charge. The debtor is responsible for telling the organization that he or she cannot afford to pay the fee before the session begins and will then receive a fee waiver from the organization. If the debtor is able to pay for the session, the charge could be as much as $50 dollars.

Once the debtor has completed the required credit-counseling course and has received the certificate of completion, he can then submit the certificate of completion along with the bankruptcy petition and move the process one step closer to being done. The next step is to complete the debtors’ education course. This course includes instructions for the debtor on how to develop a better budget, how to use credit wisely and how to manage money effectively. There is also a fee associated with this course, but just like the credit counseling sessions, if the debtor cannot afford the fee the education provider should waive it.

Crohn’s disease affects about 600,000 men and women in the United States and Canada alone. Currently, there is no pharmaceutical or surgical cure for Crohn’s disease. Instead, all existing treatment is geared toward controlling symptoms, maintaining remission and preventing relapses.

Crohn’s disease is a type of inflammatory bowel disease (IBD). Crohn’s is also known as granulomatous enteritis or colitis or regional enteritis. Crohn’s primarily causes breaks in the lining of the small and large intestine, but it can affect the digestive system at any point from the mouth to the anus. In severe cases, bowel obstructions and perforations may occur.

Symptoms of Crohn’s include abdominal pain, diarrhea, fever, loss of appetite, and weight loss. These symptoms tend to fluctuate between periods of rest and activity so they may not always be present or as severe. It can be difficult to diagnose the disorder as symptoms are similar to other intestinal disorders such as irritable bowel syndrome.

Flare-ups of Crohn’s disease are treated with drugs such as antibiotics for infections and anti-inflammatory drugs to control inflammation. Severe Crohn’s cases may require multiple surgeries to control or maintain remission of the disease.

Social Security does consider Crohn’s disease to be a significant impairment that may prevent an individual from performing substantial gainful activity. Given this, it is possible for a person to receive disability benefits on the basis of Crohn’s disease alone.

Social Security evaluates Crohn’s disease using the disability guidebook impairment listing 5.06 Inflammatory bowel disease (IBD). To qualify under the IBD listing, you need to have a diagnosis of IBD, plus a listed complication, such as untreatable anemia, a bowel obstruction, an abscess or fistula, significant, unintentional weight loss (of more than 10% of your body weight), or a tender abdominal mass with pain and cramping.

As is almost always the case, if you do not have one of the requisite complications, you can also qualify if you can show that your symptoms make it impossible to work your prior job, and that with your job skills and education, there are no other types of jobs you could learn to do that you would be capable of doing.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

There are many possible symptoms of bipolar disorder that can affect a person’s ability to work. In a manic episode the individual may experience over confidence, racing thoughts, increased energy, irritability, sleeplessness, inability to concentrate, denial of condition, drug abuse, bad judgment, euphoria, or aggressive behavior. In a depressive episode symptoms may include hopelessness, suicidal thoughts, sleep difficulties, helplessness, guilt, difficulty with memory, difficulty with concentration, irritability, physical symptoms of pain, overly sad, weight gain or loss, and decreased energy.

Thankfully, bipolar disorder is recognized by the Social Security Administration as a legitimate basis for the payment of disability benefits. If you are a claimant who has been diagnosed with bipolar disorder symptoms, there are two primary theories for receiving benefits.

The primary theory for those suffering from bipolar is to argue that your condition is so severe that it meets the listing as defined by the Social Security Administration in Listing 12.04. To qualify this way you will need supporting documents in the form of a written declaration attesting to the fact that you experience specific systems that result in difficulties with your mental functioning.

To qualify under the listing, the following requirements must be met:

• persistent conditions of depression (at least four medically documented): loss of interest; change in appetite; sleep disturbance; decreased energy; feelings of guilt; difficulty thinking; thoughts of suicide; hallucinations or paranoid thinking
• persistent conditions of manic behavior (at least three medically documented): hyperactivity; inflated self esteem; decreased need for sleep; easy distractibility; involvement in high-risk activities for pain; hallucinations or paranoid thinking
• inability to maintain (at least two of the following): daily activities without restriction; social functioning; concentration or pace; a period of time without episodes
• medically documented history of two years of chronic affective disorder limiting the ability to perform basic daily activities as a result

Another common avenue utilized to win your case based on bipolar disorder relies more on the work limitations that your doctor has identified. This is the approach known as ‘residual functional capacity’ where you must assert that your condition has caused your capacity to work to become so diminished that you are not able to perform even simple, unskilled work.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

The case that this SSA policy ruling is based involves a claimant that applied for disability benefits under the Supplemental Security Income (SSI) program, claiming that he was disabled due to asthma, multiple allergies, and previous drug addiction. His application was initially denied and he later requested a hearing before an administrative law judge (ALJ).

At the hearing before the ALJ, the claimant testified that he was then using between $200 and $300 worth of drugs each day and that he supported his drug habit through stealing and panhandling. Based on his own testimony, the ALJ concluded that the claimant’s stealing constituted substantial gainful activity (SGA) worth an average of approximately $5,600 per month.

The ALJ went on to say that due to the poor area in which the claimant panhandled, stealing this much required a substantial amount of physical and mental activity. The ALJ concluded that because the claimant was engaging in such SGA, he was not disabled and, therefore, not eligible for any disability benefits. The Appeals Council declined to review the ALJ’s decision which led the claimant to appeal the decision to federal district court which upheld the previous decision. Finally, the case made its way to the Court of Appeals for the Seventh Circuit.

The claimant argued that his stealing and panhandling, illegal activities, should not be considered SGA. Assuming that such actions are not SGA, the claimant said that the decision was therefore inappropriate. Using a very novel approach, the claimant further said that if his “work” was to be considered SGA, then the cost of the drugs he uses should be deducted from his income as an impairment-related work expense.

The Court of Appeals found no reason why his stealing and panhandling could not be considered SGA given that no provision in the Social Security Act requires SGA to be lawful. The Court said that the rules say work activity is “substantial” if it “involves doing significant physical or mental activity” and is “gainful” if it is “the kind of work usually done for pay or profit, whether or not a profit is realized.”

The Court ultimately found that given that neither the Act nor the regulations recognizes a distinction between lawful and unlawful activity for purposes of determining SGA, illegal activity can constitute SGA.

The Court rejected the claimant’s argument that the cost of narcotics must be deducted from his income as an impairment-related work expense. The court noted that to be considered an impairment-related work expense under the rules, a drug must “reduce or eliminate” the symptoms of a claimant’s impairment, or “slow down its progression.” Here, it was clear that the use of drugs was the basis of the disability, and the continued use of the drugs only exacerbated the claimant’s medical condition. As a result, the Court of Appeals affirmed the decision of the district court denying the claimant’s application for disability benefits.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Nationwide Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Source: SSR 94-1c: SECTIONS 1611 AND 1614(a) OF THE SOCIAL SECURITY ACT (42 U.S.C. 1382 and 1382c(a)) SUPPLEMENTAL SECURITY INCOME — DISABILITY — ILLEGAL ACTIVITY AS SUBSTANTIAL GAINFUL ACTIVITY

Once a debt has been discharged in an Ohio bankruptcy, according to the law, the debtor is no longer obligated to pay that debt. In certain cases, however, the debtor may wish to pay the debt anyway, even though it has been legally discharged as a liability. For example, the debtor (which resides in Dayton Ohio) may want to keep a car that was the secured collateral for an auto loan. For that to happen, the debtor can enter into an agreement with the creditor to pay off the debt even though it has been discharged. This is called a reaffirmation agreement.

A reaffirmation agreement is a voluntary agreement reached between two consenting parties, it is not required by bankruptcy law and is not a necessary part of the bankruptcy process. The newly drafted agreement made between the debtor and the creditor is legally binding on both parties and must be approved by the bankruptcy court overseeing the process. The reaffirmation agreement must comply with certain rules and, if the debtor is not represented by an attorney, there will be a hearing to determine whether the agreement satisfied those rules.

By law, the reaffirmation agreement must:

(1) be voluntary;
(2) cannot place an undue financial burden on the debtor or the debtor’s family;
(3) has to be in the debtor’s best interest; and
(4) can be terminated any time before the court orders the discharge of debtor’s debts or within 60 days after the reaffirmation agreement has been filed with the court, whichever is the longest amount of time.

The reaffirmation agreement represents an entirely new and different agreement between the parties and is NOT included in the bankruptcy proceeding. This means that if the debtor fails to pay the debt that is the subject of the reaffirmation agreement, it will not discharged in bankruptcy and the debtor will then owe the creditor under the terms of the newly reached agreement.

Reaffirming a debt is a undoubtedly a serious financial commitment. It is for this reason that the courts require a hearing when debtors are not represented by an attorney. It is advisable, as with any bankruptcy situation, that debtors consult with an attorney before agreeing to reaffirm a debt.

If you are considering filing for bankruptcy and reside in Ohio, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

According to a recent article in the Dayton Daily News, Ohio Senator Sherrod Brown’s state director met with officials from the Social Security Administration to discuss an enormous backlog of appeals for disability benefits.

The paper previously reported that the Social Security Administration’s Dayton hearing office has been ranked the second slowest in the country for the past two fiscal years. The speed relates to the office’s ability to process appeals for disability benefits. The office says it is working to reduce wait times, but Senator Brown says the action has not been sufficient. Those in the SSA are hoping that wait times continue to drop thanks to increasingly prevalent use of electronic medical records and a recently introduced video-hearing option.

Unfortunately, most applications are denied, but some choose to appeal their cases and it’s these people who have suffered due to the lengthy wait times in Dayton. Last year in Ohio some 21,511 people filed appeals for benefits, including 2,188 at the Dayton office.

In 2011, the average wait time for a decision in an appeal at the Dayton office was an astounding 491 days. This compares to a much shorter national average of 345 days. In 2011, only the office in Buffalo, New York was slower than Dayton’s. In 2010 the bottom two rungs were occupied by Dayton and another nearby Ohio city notorious for slow processing: Columbus, Ohio. That year the average wait time in Dayton came in at a whopping 596 days.

The Senator pointed out how important such hearings are, given that many are suffering terrible disabilities and need an answer quickly about whether they can begin receiving benefits. Slow processing times present a special hardship for those who lack income for necessities such as medication and health care. This can mean that some applicants fall even deeper into poverty or become even more disabled than they already were. Tragically, the Wall Street Journal recently discussed how since 2005 some 15,000 people have died while waiting for an administrative law judge to rule on their appeals.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

If you suffer from chronic pain you understand just how variable the condition can be. For some the pain is continuous, for others it is intermittent, some suffer terribly while others live with less severe pain. Chronic pain is broadly defined as pain that cannot be eliminated by standard medical treatment, pain that persists after an injury or illness has resolved, or pain for which no origin can be determined.

Though the suffering is real, many with the disorder have trouble convincing the Social Security Administration that their pain prevents them from working. The difficulty of quantifying pain presents unique difficulties for those with chronic pain seeking to receive disability benefits. Given this, it is important to note that simply telling the SSA that you have disabling chronic pain is not enough, it must be clearly demonstrated through testimony and medical evidence.

It may surprise some to know that chronic pain is not a listed disorder in Social Security’s listing of impairments that may automatically qualify you for disability benefits. This does not mean that hope is lost, as there are many other diagnoses that are often related to chronic pain, including:

• inflammatory arthritis;
• somatoform disorders;
• back injury;
• chronic renal disease; and
• inflammatory bowel disease.

If you do not qualify under another a listing category, then you will have to qualify for disability benefits through a “residual functional capacity” (RFC) assessment. An RFC assessment mean that the process for deciding whether disability benefits will be awarded boils down to two important questions:

1) Do you have objective evidence that demonstrates a medically determinable impairment that could reasonably be the source of your pain?

AND

2) If you are able to demonstrate such an impairment, how intense and persistent is the pain and how does it limit your ability to perform basic work activities?

For an impairment to be “medically determinable” it must be an anatomical, physiological or psychological abnormality that can be shown through clear evidence from reliable medical sources. Such sources include testimony from doctors, medical records and lab results. Without these tangible sources, your testimony alone will not be enough to prove your disability before the SSA.

When determining the level of pain, the SSA evaluates both the intensity of the pain and how the pain affects the individual’s ability to do basic work activities. An individual’s statements are important here as the SSA knows that some pain is more severe than can be demonstrated through medical evidence alone. Testimony describing the pain and how it impacts your daily life is considered with the rest of the relevant evidence in the case record when making a decision.

The SSA also considers the following factors when assessing your pain:
• The location, duration, frequency and intensity of the individual’s pain;
• The type, dosage, effectiveness and side effects of any medication the individual takes or has taken to alleviate pain;
• Treatment, other than medication, the individual receives or has received for relief of pain;
• Any measures, other than treatment, the individual uses or has used to relieve pain.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Nationwide Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

If you live with multiple sclerosis and are unable to work due to an MS-related disability, you might be entitled to disability benefits. MS is a disease in which the medical community knows little regarding its cause or how to best treat it. Doctors do know that it is an autoimmune disease that affects the central nervous system. Signals transmitted along the nerves are slowed or even stopped by damage to what is known as the myelin sheath. In healthy people, myelin helps the nerve impulses travel smoothly throughout the nervous system. This slowing or stopping of the nerve impulses is what causes the MS symptoms. These symptoms include vertigo, depression, fatigue, tremors, bladder dysfunction, reflux, bowel dysfunction, pain, vision problems, muscle weakness, muscle spasm and even possible cognitive impairments.

Multiple Sclerosis is typically diagnosed with an MRI scan. However, an MRI positive finding is not enough to automatically begin receiving disability benefits since many people with a positive MRI will never show symptoms of MS. To be found disabled by the SSA a doctor will need to show that you meet the standard contained in the SSA’s medical impairment listing or that your impairment makes it so that you cannot engage in substantial gainful activity. You will need all your medical records, hospital visits, test results including MRI and RFC forms filled out by you doctor to show your physical or mental limitations in your ability to work.

Under the MS listing, the SSA considers the following four factors in determining if a person is sufficiently disabled to qualify for Social Security Disability benefits: 1) fatigue; 2) disorganization of motor function; 3) visual impairment; and 4) mental impairment. A sufficient showing under any of these four categories can qualify a claimant for benefits.

The first factor, fatigue, is often the most disabling and sadly, the most overlooked symptom of MS. The exams by the SSA medical consultants rarely properly account for the disabling affect of fatigue on someone suffering from the condition. As a result, fatigue should be documented by keeping a diary of your everyday activities and how they are affected by your fatigue. Medical records can also be a good way to demonstrate severe fatigue if your doctor has done a good job or reporting your complaints of fatigue. Statements from friends or family members who have observed the impact exhaustion has had on your life can also be helpful.

Other important limitations that can be shown to boost your chance of success with a disability claim include the need to use the bathroom frequently, cognitive limitations, dizziness, difficulty using hands, visual limitations, and muscle weakness. Many people with MS also have depression and any limitations from this condition can also be helpful in proving disability.

If you think you may be entitled to Social Security Disability benefits due to MS or other ailments or have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Fibromyalgia syndrome is an often extremely painful condition that is notoriously difficult to diagnosis. According to the National Fibromyalgia Association, it is defined as a “collection of signs, symptoms, and medical problems” that do not have an attributed cause. Symptoms of fibromyalgia include chronic pain, difficulty sleeping, balance and coordination problems, recurring migraines and fatigue. Fibromyalgia is more often seen in women, estimated at some 80% of fibromyalgia cases, though this is certainly not always the case.

What makes fibromyalgia so difficult to pin down is that there is currently no one test to definitively diagnose the disorder. A process of elimination is used instead, with patients undergoing tests to cross off other possible conditions. Many people thus incorrectly see fibromyalgia as a catchall when that is not the case as there are specific requirements that must be met prior to receiving a diagnosis. To be diagnosed with fibromyalgia, a patient must show widespread pain in all four body quadrants for at least three months and tenderness in at least 11 of 18 points when pressure is applied.

Because of the debilitating effect of fibromyalgia, many sufferers are unable to continue working and disability benefits may be an option for them. Typically, to obtain disability benefits, the applicant must have a written diagnosis of fibromyalgia from a medical doctor, often times a rheumatologist given that the SSA gives these doctors’ opinions more weight when it comes to the condition. The visit to the doctor should include a physical and neurological exam including a test of trigger points. Besides the diagnosis, the patient will have to supply records, a list of all treating physicians, detailed descriptions of symptoms, attempted treatments and limitations the disorder has caused.

Your own testimony is crucial when the decision is made to award disability benefits for fibromyalgia. The list of possible physical and mental limitations associated with fibromyalgia is endless and your personal description of the syndrome becomes critical given how subjective many of the symptoms are. It is very important that your testimony comes across to the Administrative Law Judge (ALJ) as credible. You may also want to have someone who knows you well and understands the impact the disorder has had on your life testify as to what you have been going through.

If you think you may be entitled to Social Security Disability benefits due to fibromyalgia or have questions, call The Disability Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

The rules for suspending Social Security payments for people who are in jail are different based on which type of assistance you receive. The following is an explanation for how each system works:

• Supplemental Security Income

You can receive SSI payments until you have been in jail or prison for a full calendar month from the first of the month through the last day. For example, if you went to jail or prison on July 4, your SSI would continue during July and all of August. If, on the other hand, you went to jail prison on on July 1 then benefits would cease on August 1.

• Social Security Disability Insurance

SSDI rules are different from those for SSI. You will be permitted to receive SSDI benefits until you have been convicted of a criminal offense and spent 30 days in jail or prison. This means that your disability payments will stop on the 31st day you are incarcerated after a conviction.

• SSI and SSDI

If you receive both an SSI and an SSDI check each month, your SSDI payments will stop after 30 days of incarceration following conviction, but your SSI will continue until you have been in jail or prison for a full calendar month, as in the description for SSI above.

Once you are released from jail, it is possible to have your Social Security Disability benefits reinstated. Your benefits can begin the month after you have been released from jail as long as you still qualify for the benefits you had been receiving. If your condition has improved and you no longer qualify, your Social Security Disability benefits will not resume.

To have your benefits reinstated after your release from prison, you will need to visit your local Social Security office and notify them of your release. You will need to bring proof of your release from jail before they can begin payment.

The exception to this rule is if you are in prison for more than 12 months. If you are in prison for more than 12 months, your benefits will not automatically be reinstated after your release. Instead, you will need to re-apply for benefits and go through the lengthy application process all over again.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

The federal government is an excellent source of valuable information when it comes to filing bankruptcy. On the official website for the federal courts, www.USCourts.gov, the federal government provides you with all of the necessary information on bankruptcy basics. The website will provide you with background information on what a bankruptcy is, which chapter may be best for you, and the procedure to successfully accomplish the task. Despite this great source of information, it is still recommended that you consult with an bankruptcy attorney before filing.

The Bankruptcy Code, found in Title 11 of the United States Code, provides for six different varieties of bankruptcies. Some of them are more popular than others, the most common being Chapter 7 and Chapter 13. Chapter 7 is called a “Liquidation” bankruptcy. During this process, the trustee takes possession and control of the debtor’s assets and property. The trustee sells the assets and then pays off the creditors. Some of the property owned by the debtor is exempt from becoming property of the bankruptcy estate.

Chapter 9 is the chapter that allows municipalities, like cities and towns, to reorganize. It does the same as a Chapter 11 only it is reserved for municipalities. Chapter 11 allows business, and some individuals, to stay in business and pay creditors without having to give up the business. A court-approved reorganization plan guarantees that creditors will receive what is owed to them, but the business remains in operation. Several major US companies have recently filed for Chapter 11; General Motors is a prime example.

Chapters 12 and 13 allow debt relief for workers with regular income. Chapter 12 is reserved for farmers and fisherman, whereas chapter 13 is for all other types of employment. These chapters allow an individual to pay off his or her debt over an extended period of time. It allows the debtor to keep some valuable assets and requires that a plan be made to pay off creditors without having to lose his or her entire estate to the bankruptcy trustee. Finally, Chapter 15 provides the procedure for dealing with property that the debtor owns but that is located in a foreign country. These are referred to as “cross-border” cases.

If you’re considering filing for bankruptcy and live in Ohio, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Before the advent of the Internet, investigators had a much harder job. Collecting information, verifying statements and making sure everything added up is a lot more difficult without the help of Facebook, Twitter, Instagram and other social networking services. The rise of these websites has encouraged people to post a plethora of personal information about themselves online for anyone to access. It’s important to understand that friends and family are not the only people taking notice. While this information is primarily useful in the personal injury context, it can be equally valuable when it comes to Social Security Disability claims.

Disability benefits exist to offer support due to those unable to work due to a debilitating condition. Would a quick look through your social media profiles indicate that you deserve such benefits? Better hope so, because it could spell disaster for your case if you’re claiming a terrible back injury yet have pictures plastered across Facebook of your recent tango lessons or bungee jumping adventure.

Investigators and judges use social networking websites and could conceivably check up on what you’ve been doing while you’re claiming injury. And it’s not just your profile that could cause problems, being tagged in a photograph by a friend who does not have privacy settings on a Facebook page can also spell trouble.  While this article should not be read as encouraging deception, disabled parties should be aware that anything posted online is not 100% private.

The following are some suggested steps for ensuring that your online footprint remains as small and as private as possible.

1. Immediately make your profile “private,” and set all privacy settings to the highest level.

2. Remember to not discuss your accident, injuries or treatment, including any prescribed medication, on ANY social networking sites.

3. Avoid discussing recent activities you’ve engaged in, physical exertion, abilities and limitations, or any other information that may bear on what you can and cannot do because of your condition.

4. Be sure you know everyone who is your “friend.” Do not accept friend requests from people you do not personally know.

5. Review your friend list and block anyone you are not 100% sure you trust. Investigators could pose as a friend or get information from others who are to gain access to potentially incriminating information that could negatively affect your claim.

If you think you may be entitled to Social Security Disability benefits or have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

If you suffer from chronic pain you understand just how variable the condition can be. For some the pain is continuous, for others it is intermittent, some suffer terribly while others live with less severe pain. Chronic pain is broadly defined as pain that cannot be eliminated by standard medical treatment, pain that persists after an injury or illness has resolved, or pain for which no origin can be determined. Though the suffering is real, many with the disorder have trouble convincing the Social Security Administration that their pain prevents them from working. The difficulty of quantifying pain presents unique difficulties for those with chronic pain seeking to receive disability benefits. Given this, it is important to note that simply telling the SSA that you have disabling chronic pain is not enough, it must be clearly demonstrated through testimony and medical evidence.

It may surprise some to know that chronic pain is not a listed disorder in Social Security’s listing of impairments that may automatically qualify you for disability benefits. This does not mean that hope is lost, as there are many other diagnoses that are often related to chronic pain, including:

• inflammatory arthritis;
• somatoform disorders;
• back injury;
• chronic renal disease; and
• inflammatory bowel disease.

If you do not qualify under another a listing category, then you will have to qualify for disability benefits through a “residual functional capacity” (RFC) assessment. An RFC assessment mean that the process for deciding whether disability benefits will be awarded boils down to two important questions:
1) Do you have objective evidence that demonstrates a medically determinable impairment that could reasonably be the source of your pain?

AND

2) If you are able to demonstrate such an impairment, how intense and persistent is the pain and how does it limit your ability to perform basic work activities?

For an impairment to be “medically determinable” it must be an anatomical, physiological or psychological abnormality that can be shown through clear evidence from reliable medical sources. Such sources include testimony from doctors, medical records and lab results. Without these tangible sources, your testimony alone will not be enough to prove your disability before the SSA.

When determining the level of pain, the SSA evaluates both the intensity of the pain and how the pain affects the individual’s ability to do basic work activities. An individual’s statements are important here as the SSA knows that some pain is more severe than can be demonstrated through medical evidence alone. Testimony describing the pain and how it impacts your daily life is considered with the rest of the relevant evidence in the case record when making a decision.

The SSA also considers the following factors when assessing your pain:
• The location, duration, frequency and intensity of the individual’s pain;
• The type, dosage, effectiveness and side effects of any medication the individual takes or has taken to alleviate pain;
• Treatment, other than medication, the individual receives or has received for relief of pain;
• Any measures, other than treatment, the individual uses or has used to relieve pain.

If you are 45 years of age or older you may be found disabled under the SSA’s grid rules. For a FAQ of the rules check out www.disabilitygridrules.com

If you think you may be entitled to Social Security Disability benefits and have questions, call The Nationwide Disability Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Many people are interested in knowing details about their disability hearing. For instance, how many and what kind of questions can you expect? Most hearings will be over in under an hour and some even less than that. As a result, you should not have to answer questions for an extended period of time. No matter how short, this hearing is many people’s first experience in such a formal setting and can be quite nerve-wracking. The following is some background information on the process and tips for how to effectively handle the hearing. Whether your hearing is in Dayton, Ohio, Dallas, Texas or Gary, Indiana, the questions asked by the judge will fall into four broad categories: 1) background information; 2) work history; 3) medical conditions and symptoms; and 4) activities of daily living.

As the name implies, background questions provide the judge general information about you. These questions can include your educational history, marital status, income, military service or even past criminal charges. Drug and alcohol use could also conceivably come up, though certainly not always.

The Administrative Law Judge (ALJ) might ask for additional information about your job including your responsibilities, the requirements of the job and how your condition has affected your job performance. This last item is the most important. Giving the judge specific examples of problems your condition has caused meeting performance standards, as well as attendance issues that result from your disability can help convince the judge that you are indeed prevented from working.

Although your medical records are on file the judge may want to ask some clarifying questions to make sure he has all the necessary information to make a proper decision. The judge will almost definitely ask you how your medical condition affects you. What type of pain do they cause you? How do you try to relieve the pain? Are your medications effective? How much can you lift and carry? How long can you stand, sit, and walk? This is your chance to explain how your condition affects your life and your work so think through these questions prior to going to the hearing.

When answering medical questions it is important to give clear answers that paint a picture of your level of impairment. If you suffer from back problems and the judge asks you for a description, use words like “burning,” “tingling,” “aching,” “shooting,” or “dull.” Also clearly describe the location of any pain. This will help the judge know decided whether the symptoms are consistent with the recognized symptoms of your condition.

You may also be asked about your activities of daily living. These include normal things like bathing and dressing yourself, cooking, cleaning, yard work, and grocery shopping. If you have children the judge will likely asking for details about how the children are cared for. This provides yet another good opportunity to showcase how your disability impacts your life. It is crucial to explain that even if you are able to help out around the house, your medical condition creates limitations.

With all the above-mentioned categories it’s important to be honest and avoid the temptation to exaggerate. Some may feel that it will help to make their symptoms sound worse than they actually are. This kind of dishonestly usually has the opposite effect. The judges are very experienced and hear many similar cases every year. They are experts at recognizing exaggerations and you do not want to lose credibility in their eyes.

Having an experienced disability attorney help prepare you for your hearing is a wise decision. If you think you may be entitled to Social Security Disability benefits and have questions, call Nicholson Disability at 1-800-596-1533 for a free consultation today.

Many people mistakenly believe that if you receive Supplemental Security Income (SSI) disability benefits you have to be totally unable to work. That’s not the case and it is possible to be gainfully employed and still receive some SSI disability benefits. The Social Security Administration applies a very precise formula to determine how additional income affects SSI disability benefits. The first thing that the SSA does in calculating how work will reduce your SSI disability benefits is to disregard the first $65 of income that you receive in a given month. That threshold of income is bumped up to $85 if you do not have any other income. Next, your disability benefits are reduced $1 for every $2 of income you receive in a given month.

For example, if you receive $250.00 a month in income and that is your only income, the Administration will calculate your benefits as follows.

• $250.00 – $85.00 = $165.00. This means that only $165.00 of your monthly income will figure into the calculation for reducing your benefits.
• $165.00 ÷ 2 = $82.50. This means that $82.50 will be reduced from your monthly benefits from the SSA.
• If you receive the maximum amount of $698.00 per month, your new benefit amount for the month will be $698.00 – $82.50, for a total of $615.50 per month.

If you require the use of additional items to help you work, the costs of those items can be deducted from your monthly income if: (1) you have paid for the items yourself; (2) you will not be reimbursed by your employer for those expenses; (3) you can provide the Administration with proof of payment; and (4) the Administration approves your expense. The Administration calls these items “impairment-related work expenses” and they are deducted before the Administration reduces the benefit amount by $1 for every $2 in earned income.

Blind disability benefit recipients can also receive special deductions for any of their work related expenses. The SSA calls these expenses blind work expenses. These are deducted after the monthly benefits are reduced.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

According to information from the National Institutes of Health, chronic fatigue syndrome (CFS) is a condition that can cause severe and ongoing tiredness that cannot be improved by simply resting and that does not result from another underlying disorder. The exact cause of the condition remains a mystery, but some have theorized that exposure to the Epstein-Barr virus might be to blame. Age, gender, prior illnesses, and stress are also believed to play a role. Symptoms of CFS can be wide ranging and include sore throat, headache, low-grade fever, painful joints, memory or concentration problems, swollen glands, and generalized muscle weakness.

According to the Social Security Administration’s Fact Sheet, you must prove that the symptoms of your CFS prevent you from working in order to qualify for disability benefits. To make this determination, the SSA will use the medical evidence you have provided in support of your claim to evaluate whether your symptoms reach the level of severity necessary to qualify for disability.

The diagnosis of CFS requires that you experience at least four of the following symptoms for at least six months:

• memory or concentration problems that cause a serious reduction in your level of activity;
• frequent sore throats;
• tender lymph nodes in the neck or under the arm;
• muscle pain;
• pain in multiple joints without redness or swelling;
• headaches of a different magnitude then those that you had prior to the onset of CFS;
• sleep that never leaves you feeling refreshed; and
• a general feeling of being unwell that lasts at least 24 hours following a period of exertion.

Your medical records must contain documentation that satisfies the above criteria for a diagnosis of CFS and that shows these symptoms did not begin prior to the onset of your chronic fatigue. If your medical records show that the symptoms predate your CFS then your disability claim will likely be denied given that something else may be to blame for your condition.

CFS can be an especially tricky disease to document clinically. Medical tests don’t always capture the severity of the illness and how terribly it can impact a person’s quality of life. It is important to understand going into the process that the SSA will not approve a disability claim based on the description of symptoms alone, though how symptoms affect your daily life is considered in the decision.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

 
According to an April 2011 report from the American Academy of Ophthalmology, more than one million people in the United States over the age of 40 are legally blind. Most of you have heard the term “legally blind” but you likely don’t know what qualifies a person for disability benefits due to severe vision problems. Legal blindness is defined in two sections of the Social Security Act: § 216(i)(B) (codified at 42 U.S.C. § 416(i)(B)) and § 1614(a)(2) (codified at 42 U.S.C. § 1382c(a)(2)). Both sections of the Act define “blindness” as:  central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of this paragraph as having a central visual acuity of 20/200 or less.

To qualify for Social Security disability under the umbrella of blindness due to a lack of visual acuity, you will need to start by obtaining a basic eye examination that provides measurements of your best-corrected visual acuity. Simply having myopia does not qualify you for disability, if it did, over 32 million Americans older than 40 would be receiving benefits.

Nor is simple visual impairment, defined as being capable of at best 20/40 vision even with corrective lenses, enough to qualify for benefits. To be declared legally blind by the SSA, you need to prove that even with the best possible corrective lenses, your best eye can only achieve 20/200 visual acuity. In other words, even the good eye can only see an object sitting 20 feet away as clearly as someone with perfect 20/20 vision can see that same object if it were 200 feet away.

Another somewhat surprising way to qualify for disability due to blindness is through a severely diminished visual field, basically no peripheral vision. A person with a healthy visual field can typically see at least 60 degrees in all direction without moving his or her eyes. Those who qualify for legal blindness due to loss of visual field cannot see more than 20 degrees in any direction. In other words, the person afflicted has almost completely lost his peripheral vision, something that is usually a symptom of other problem such as glaucoma. Again, the best place to start is with a standard eye examination which will reveal the extent of your visual field.

Unlike most other reasons for receiving Social Security disability, documentation of the cause of the statutory blindness is not required, as long as it is something detectable with a basic eye examination. For blindness caused by abnormalities not readily observed from a standard eye examination, such as traumatic brain injury to the visual cortex, documentation of the source of the injury must be provided. Also unlike many other bases of disability, you do not need to prove that this blindness has been present for any particular length of time, the fact that you are afflicted now is all that matters.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for consultation today.

Timely records are those that are relevant to your current medical condition. If you are attempting to claim disability for something that occurred last year, medical records from ten years ago would not be considered timely. Deciding what is timely falls within the purview of the treating physician. The nature of the ailment or condition is one factor in determining the timeliness of the records. If the condition is recurring or continuous, older records regarding the ailment or condition may be timely. If, on the other hand, the condition is one that resolves itself quickly or one that changes, older records may be less relevant and therefore not timely. The doctor knows best in these kinds of situations.

Accurate records are those that properly describe your condition according to acceptable medical sources. The Social Security Administration only accepts medical opinions from certain types of health care providers: (1) licensed physicians; (2) osteopaths; (3) optometrists; (4) podiatrists; and (5) speech pathologists. If the records or opinions do not come from one of these five kinds of health care providers, it may not, in many cases serve as acceptable medical source of evidence to the Social Security Administration. It is important to keep in mind that evidence from lay-persons, chiropractors and the like will be considered by the administration, however, these records will likely not carry as much weight as opinions from the aforementioned sources.

Finally, sufficient records are those that contain enough information for the disability judge to make a determination about your eligibility from those records alone. To be frank, the Administration wants to see that you have been treated for this condition prior to filing for disability. The treating physician’s notes and opinions carry the most weight with the Administration.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Many people mistakenly believe that if you receive Supplemental Security Income (SSI) disability benefits you have to be totally unable to work. That is not the case and it is possible to be gainfully employed and still receive some SSI disability benefits. The Social Security Administration applies a very precise formula to determine how additional income affects SSI disability benefits.

The first thing that the SSA does in calculating how work will reduce your SSI disability benefits is to disregard the first $65 of income that you receive in a given month. That threshold of income is bumped up to $85 if you do not have any other income. Next, your disability benefits are reduced $1 for every $2 of income you receive in a given month.

For example, in 2012, if you receive $250.00 a month in income and that is your only income, the Administration will calculate your benefits as follows.

• $250.00 – $85.00 = $165.00. This means that only $165.00 of your monthly income will figure into the calculation for reducing your benefits.
• $165.00 ÷ 2 = $82.50. This means that $82.50 will be reduced from your monthly benefits from the SSA.
• If you receive the maximum amount of $698.00 (subject to COLA increases each year) per month, your new benefit amount for the month will be $698.00 – $82.50, for a total of $615.50 per month.

If you require the use of additional items to help you work, the costs of those items can be deducted from your monthly income if: (1) you have paid for the items yourself; (2) you will not be reimbursed by your employer for those expenses; (3) you can provide the Administration with proof of payment; and (4) the Administration approves your expense. The Administration calls these items “impairment-related work expenses” and they are deducted before the Administration reduces the benefit amount by $1 for every $2 in earned income.

Blind disability benefit recipients can also receive special deductions for any of their work related expenses. The SSA calls these expenses blind work expenses. These are deducted after the monthly benefits are reduced.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

If you have filed a claim for disability benefits and it was denied then you may be wondering what options you have for moving forward. Applying for disability can be very confusing for those not dealing with it on a daily basis and it’s important that you be familiar with the appeals process.

Chances are you don’t agree with the Administration’s decision in which case you can file an appeal, asking the Administration to review your case again. As with everything when the federal government is involved, there’s a regimented process that must be followed. If you want an appeal, and you should, you need to make a written request within 60 days of receiving the Administration’s official letter denying your initial claim.

In most states (several states have eliminated the reconsideration step) there are four levels of the Social Security appellate process. The first is known as reconsideration and it involves a full review of your case by someone who was not involved in the first go-round. New evidence will be considered during this phase as well as the evidence that was part of your initial claim. Your presence is not required during this phase of the appellate process.

If after the reconsideration you are still not satisfied with the outcome, you can move on to a second level of review, a hearing before an administrative law judge (ALJ). The ALJ will serve as a completely neutral party and will not have been part of either the first review or the second round reconsideration. At this hearing before the ALJ you will be permitted to call witnesses on your behalf and the ALJ is empowered to ask questions of those who testify at the hearing. You can and should be represented at the hearing and, if you are, your representative will also be permitted to question witnesses at the hearing. After listening to all of the evidence and reviewing the previous decisions in your claim process, the ALJ will make a decision and the SSA will send you the judge’s final opinion in writing.

The third step of appeals process involves a review by the aptly named Appeals Council. If the Council believes that the ALJ made the right decision, the Appeals Council will not review the case and the decision of the ALJ will stand. The Appeals Council can also choose to disagree with the ALJ directly or remand the case back to the ALJ for further consideration. You will, as always, be notified in writing once the Council has made a decision.

The fourth and final level of review is to file a lawsuit in the nearest federal district court. It will be handled like any other lawsuit. At every stage of the process, it’s wise to have the help of counsel, but if you are going to appeal the decision of the Administration, you should absolutely contact an experienced attorney. If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

The American Society of Hematology believes anemia has two basic causes: a low amount of red blood cells and red blood cells that don’t function properly. Social Security has a section (Hematological Disorders, Section 7.00) that addresses both forms of the disorder.

For anemia caused by low hematocrit levels, the key factors considered are “chronicity” and impairment. Chronicity is demonstrated by proof that a person’s condition has existed for at least three months. This can be shown by at least two medically acceptable tests over a three-month period showing hematocrit levels below 30%. Impairment can be demonstrated by showing that this low red blood cell number has affected an individual’s body systems. Blood transfusions at least once every two months or an evaluation by a doctor will both suffice as proof of impairment.

Sickle cell anemia falls into the second anemia category – anemia caused by malfunctioning, or malformed, red blood cells. Normal red blood cells are shaped like discs, which allow them to travel through an individual’s blood vessels, including capillaries that are only wide enough to allow one cell to pass through. Sickle cell anemia occurs when red blood cells form more rigid, sickle shapes. These bizarrely shaped cells are more easily trapped in smaller blood vessels which can impede proper flow and cause severe pain. Sickle cell is an inherited trait that affects certain groups in particular, especially African Americans.

To qualify for disability due to sickle cell anemia, a claimant must show either:
A. Documented painful (thrombotic) crises occurring at least three times during the 5 months prior to adjudication; or

B. Requiring extended hospitalization (beyond emergency care) at least three times during the 12 months prior to adjudication; or

C. Chronic, severe anemia with persistence of hematocrit of 26 percent or less; or

D. Evaluate the resulting impairment under the criteria for the affected body system.

If you believe that you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

First and most important, the claimant must provide documentation from “acceptable medical sources” of his condition. Licensed physicians are prime examples of acceptable medical sources and are capable of establishing all disabilities. Other medical professionals are permitted to act as acceptable sources but only in limited situations specific to their areas of expertise. For instance, a psychologist is competent to provide evidence for mental disabilities and a podiatrist is competent to provide evidence for foot issues, but not the other way around. Medical professionals who are “treating sources” i.e. professionals who’ve tended to the claimant over a long period of time, are deemed the most important sources of information.

Once the claimant has chosen an appropriate medical source to assist in making a disability claim, that medical professional must then hand over reports to the SSA. Such reports include medical histories, lab tests, and reports describing the claimant’s ability to perform “work-related” tasks.

Sometimes, the claimant is not able to get all the information he needs from his own doctors or medical sources that are available to him. The claimant is then permitted to schedule a Consultative Examination with either his usual treating source or another medical professional to obtain the specific medical information needed by the SSA. A complete Consultative Examination Report would include the following information:

• the claimant’s major complaint;
• a detailed description, within the area of specialty of the examination, of the history of the major complaint;
• a description, and disposition, of pertinent “positive” and “negative” detailed findings based on the history, examination, and laboratory tests related to the major complaint, and any other abnormalities or lack thereof reported or found during examination or laboratory testing;
• results of lab and other tests (for example, X-rays);
• the diagnosis and prognosis for the claimant’s impairment;
• a statement about what the claimant can still do despite his or her impairment; and
• the consultant’s consideration, and some explanation or comment on, the claimant’s major complaint and any other abnormalities found during the history and examination or reported from the laboratory tests.

If you think you may be entitled to Social Security Disability benefits and have questions, call The Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

Social Security Administration SSI payout amounts for 2012:

Payment reduction
Remember, these payouts are lowered depending on your countable income each year. If you are thinking of applying for disability benefits click for a free consultation or call 1-800-596-1533.

Well, the rule is clear. You will have to pay federal taxes on your Social Security benefits if you file a federal tax return as an individual and your total income is more than $25,000.  If you file a joint return, you will have to pay taxes if you and your spouse have a total income of more than $32,000.  (see SSA.GOV)

What does this mean for the ordinary person receiving SSI / SSDI benefits? Well it all depends on whether you have other substantial income. This is what the Social Security Administrations has to say about taxes and SSD Benefits:

Some people have to pay federal income taxes on their Social Security benefits. This usually happens only if you have other substantial income (such as wages, self-employment, interest, dividends and other taxable income that must be reported on your tax return) in addition to your benefits.

No one pays federal income tax on more than 85 percent of his or her Social Security benefits based on Internal Revenue Service (IRS) rules. If you:

• file a federal tax return as an “individual” and yourcombined income* is
  • between $25,000 and $34,000, you may have to pay income tax on up to 50 percent of your benefits.
  • more than $34,000, up to 85 percent of your benefits may be taxable.
• file a joint return, and you and your spouse have acombined income* that is
  • between $32,000 and $44,000, you may have to pay income tax on up to 50 percent of your benefits
  • more than $44,000, up to 85 percent of your benefits may be taxable.
• are married and file a separate tax return, you probably will pay taxes on your benefits.

If you do have to pay taxes on your Social Security benefits, you can make quarterly estimated tax payments to the IRS or choose to have federal taxes withheld from your benefits.Each January you will receive a Social Security Benefit Statement(Form SSA-1099) showing the amount of benefits you received in the previous year. You can use this Benefit Statement when you complete your federal income tax return to find out if your benefits are subject to tax.

Can my daughter and/or son get disability benefits if they are disabled?

The only Social Security disability program that addresses disability for children is called SSI and it is resources based. That is, your income affects whether your child is eligible for benefits. For the income levels see: Does my income affect my child’s disability payments?

Ok, so you reviewed the income chart and you are now asking yourself, now what? Well, first go to your local Social Security Field Office and set-up an interview time. During the interview SSA will obtain a narrative from you regarding the timeline of your child’s medical history. For instance, you will be able to go into great detail regarding your child’s disability (e.g. diagnosis of high functioning autism or ADHD ). At this appointment you will provide address of the child’s treating physicians, telephone numbers, facilities, clinics, hospitals, and treatment dates.
Next the claim is reviewed by your state’s disability-processing agency for processing. If enough evidence is acquired from your child’s treatment notes then the BDD or DDS will make a decision without sending your child to a consultative exam with a physician.

Once a favorable decision is reached, your local Social Security office will contact you to make an appointment to review your income and resources in order to compare your income to the allowance chart in order to make sure that your income still qualifies your child to receive benefits.

In the unfortunate event that your child’s benefits are denied, call 1-800-596-1533 for a free attorney consultation.

Workers’ compensation pays benefits to employees who suffer an injury at work or experience a work-related illness. Benefits for workers’ compensation include medical treatment and money for the partial replacement of lost wages. For an employee who cannot work while recovering from an injury or work-related illness, workers’ compensation can pay temporary total disability benefits. In cases in which the injury or work-related illness has long-term or permanent consequences, an employee can receive permanent disability benefits. When an employee dies as the result of an injury or work-related illness, then the employee’s dependents can receive survivor benefits. In general, workers’ compensation is a program run by state governments.

Similarly, Social Security Disability Insurance (“SSDI”) provides benefits to insured workers with disabilities, or in other words, to those who: (1) have been employed for at least five of the last ten years; (2) have paid FICA (“Federal Insurance Contributions Act”) taxes; and (3) have a “disability” as the Social Security Administration defines the term. A disability, for purposes of Social Security, is a serious medical condition that lasts (or has lasted) for more than a year and prevents someone from being gainfully employed. In addition, SSDI will provide benefits to the disabled children of insured workers, so long as the children became disabled before they reached the age of 22, as well as to the disabled surviving spouses of insured workers who have died. Generally, SSDI is administered by the federal government.

A person can receive workers’ compensation and SSDI benefits at the same time, but workers’ compensation benefits might reduce the amount of SSDI benefits. Under the Social Security Administration’s rules, a person who receives workers’ compensation benefits and Social Security disability benefits at the same time may not receive combined benefits that amount to more than 80 percent of the person’s average current earnings before the person became disabled. For example, if a person earned $4,000.00 per month before becoming disabled, then the person would be eligible to receive $2,200.00 per month in SSDI benefits after becoming disabled. If that same person were also to receive $2,000.00 per month in benefits from workers’ compensation, then the person’s SSDI benefits would be reduced to $200.00 per month to comply with the Social Security Administration’s 80 percent rule.

If you have a current or potential worker’s compensation claim and are interested in applying for SSDI benefits, or if you simply want to be sure that you are receiving the maximum SSDI benefits for which you are eligible, then you should consider speaking with an attorney who has experience with Social Security law in order to minimize the off-set. Call the Nationwide Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation today.

The Centers for Medicare & Medicaid Services (“CMS”) has administrative responsibility for Medicare and Medicaid. Medicare is
a national health insurance program serving U.S. citizens (and permanent residents) who have reached at least age 65, as well those younger than 65 who have certain disabilities, permanent kidney failure or amyotrophic lateral sclerosis (“ALS,” commonly known as Lou Gehrig’s disease). Medicare comes in four types.

1. Part A (hospital insurance). Medicare Part A helps to pay for the cost of inpatient care in hospitals and skilled nursing facilities—including care in critical access hospitals, but excluding custodial and long-term care in nursing facilities. Although the other types of Medicare usually require payment of a monthly premium, payroll taxes and self-employment taxes cover premiums for Medicare Part A in most cases.

2. Part B (medical insurance). Medicare Part B helps to pay for the cost of doctors’ services and outpatient care; in addition, it helps to pay for the cost of some of the services provided by physical and occupational therapists, as well as some of the cost of home health care. Those whose Medicare Part A premiums are covered by payroll or self-employment taxes may enroll in Part B. Coverage under Part B generally requires payment of a monthly premium.

3. Part C (Medicare Advantage plans). Those insured under Medicare Parts A and B can choose to enroll in a Medicare Part C, or “Medicare Advantage,” plan. Medicare Advantage plans, which must be approved by Medicare, are offered by private insurers. The coverage provided under these plans must be at least as good as what Medicare provides, but coverage otherwise varies from insurer to insurer. Medicare pays private insurers a specified amount each month for every Medicare Advantage member. Coverage under Medicare Advantage requires payment of a monthly premium for Medicare Part B, as well as a monthly premium for the private insurer.

4. Medicare Part D (prescription drug coverage). Medicare Part D helps to pay for the cost of prescription drugs. Those insured under Medicare Part A, Medicare Part B or Medicare Part C (Medicare Advantage) may choose to enroll in Part D. Medicare Part D generally requires payment of a monthly premium.

Medicaid is two programs that provide disability benefits: Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”). SSDI provides benefits to insured workers with disabilities, or in other words, those who: (1) have been employed for at least five of the last ten years; (2) have paid FICA (“Federal Insurance Contributions Act”) taxes; and (3) have a “disability” as the Social Security Administration defines the term. A disability, for purposes of Social Security, is a serious medical condition that lasts (or has lasted) for more than a year and prevents someone from being gainfully employed. In addition, SSDI will provide benefits to the disabled children of insured workers, so long as the children became disabled before they reached the age of 22, as well as to the disabled surviving spouses of insured workers who have died.

SSI, on the other hand, pays benefits to disabled adults and children who have little or no income, or other financial resources. The program also provides benefits to adults without disabilities who are age 65 or older and whose financial means fall within the applicable limits.

Someone who receives SSDI benefits, or who is eligible to receive SSDI benefits, is also eligible to receive Medicare at the same time. Eligibility for Medicare begins after a waiting period of 24 months from the first date of eligibility for SSDI. For those with kidney disease who are on dialysis, however, the waiting period is reduced to three months from the date on which they began receiving dialysis. Medicare eligibility begins immediately for those with a terminal illness expected to cause death within six months, as well as for those with ALS. Those over age 65 are generally not eligible to receive SSDI benefits.

Likewise, eligibility for SSI and Medicare is also possible. Those under age 65 can receive SSI and Medicare benefits at the same time as long as they satisfy the eligibility requirements of both programs. For those age 65 and over, eligibility for Medicare is essentially automatic, and they can receive SSI benefits if their financial means are within the limits established under the Social Security Administration’s rules.

Eligibility for Medicaid often varies according to state law. In Ohio, children up to age 19; families with children under age 19; pregnant women; those with disabilities; and those over age 65 are eligible to receive Medicaid benefits if they meet certain financial requirements. Ohio residents under 65 who qualify for Medicaid can receive SSDI benefits, as well, if they qualify for SSDI under the rules of the Social Security Administration. Those over age 65 are usually not eligible to receive SSDI benefits.

Medicaid and SSI are similar programs inasmuch as they serve those with limited financial means. Ohio residents who have qualified to receive SSI benefits under the Social Security Administration’s rules can also qualify to receive Medicaid benefits if they qualify based on the rules established by the Ohio Department of Job and Family Services.

Although the receipt of benefits through all four of these programs is technically possible, the eligibility rules can be complicated—especially for receiving benefits from multiple programs at once. Furthermore, applications for disability benefits are often denied at first. If you think that you might be eligible to receive Social Security disability benefits, or if your application for benefits has been denied, then you should speak with a lawyer, like John T. Nicholson, who focuses on Social Security law.

As with most law related questions the answer is maybe. Unfortunately, the rules for SSI claims are quite different from SSDI claims in situations where the claimant dies before a ruling is made on their application for benefits.  The rules are as follows.

Benefits may be paid to the surviving spouse if the surviving spouse was living at the time of death or within six months proceeding the month of death.

OR

Benefits may be paid to the parents of a disabled or blind child who was living with the parent or parents at the time of death or within six months proceeding the month of death.

If one of the above conditions does not apply then SSI benefits dies with the claimant, that is, no one gets paid SSI benefits.

Can I receive Social Security disability benefits for having problems with drugs or alcohol?

Someone can receive Social Security disability benefits despite having a problem with drugs or alcohol, but not solely on the basis of the drug or alcohol problem itself. Since 1996, those with drug or alcohol addictions are not eligible to receive Social Security disability benefits if their drug or alcohol addictions are their only disabilities. On the other hand, if they would have disabilities even without problems with drugs or alcohol, then they could still qualify for benefits.

In general, a “disability” as defined by the Social Security Administration is a serious medical condition that has lasted (or will last) for at least one year, and prevents someone from being gainfully employed. Although a drug or alcohol addiction might seem to satisfy this definition, the Social Security Administration’s rules state that drug or alcohol addiction—by itself—is not a qualifying disability. Specifically, those who have problems with drugs or alcohol that are contributing factors “material” to their disabilities will not be found eligible by the Social Security Administration to receive disability benefits.

A drug or alcohol addiction is “material” to a person’s disability if the person would not be disabled but for the use of drugs or alcohol. In other words, those who would not be disabled if they completely stopped using drugs or alcohol are generally not eligible for Social Security disability benefits because their use of drugs or alcohol is “material.” For example, if a person suffers from chronic liver disease and abuses alcohol, then the person would probably not be found disabled by the Social Security Administration if the cessation of alcohol use would result in the improvement of the person’s condition. If, however, the person’s condition were so advanced that cessation of alcohol use would not result in any significant improvement, then the person could be eligible for disability benefits. In the latter case, the person’s alcohol use would not be “material.” The distinction becomes somewhat more difficult to prove in the case of mental, as opposed to physical, disabilities.

If you have been denied a claim for Social Security disability benefits on the basis of drug or alcohol problems, then you should speak with an attorney who focuses on Social Security law. An attorney can explain what you have to prove to establish your eligibility for benefits, and can help you obtain the benefits you need.  Call or click here for a free online consultation with John T. Nicholson.

If the Veterans Administration determines that I am disabled, will the Social Security Administration also find that I am disabled?      

The Veterans Administration (“VA”) and the Social Security Administration (“SSA”) have their own, independent rules for determining whether someone is disabled for purposes of receiving disability benefits. Under the VA’s guidelines, someone who is not completely disabled can qualify for disability benefits. In other words, the VA recognizes partial disabilities (in terms of percentages) as well as total disabilities.

The SSA, however, generally recognizes only total disabilities. Under the SSA’s guidelines, a disability is a serious medical condition (mental or physical) that has lasted (or will last) for at least one year and prevents a person from engaging in any substantial, gainful activity. This definition incorporates not only the type of disability (for example, post-traumatic stress disorder or chronic heart failure) but also the extent or severity of the disability. As a result, someone could have a type of disability recognized by the SSA, but nevertheless not be eligible for Social Security disability benefits if the severity of the disability were found to be insufficient. A mental or physical condition severe enough to qualify as a disability under the SSA’s rules would likely be considered at least a 90% disability under the VA’s rules.

At the same time, a determination by the VA that someone is disabled does not necessarily mean that the SSA will also make the same determination. For example, even if the VA determines that someone is 90% or 100% disabled, the SSA does not automatically reach the same conclusion. The SSA requires that everyone who applies for disability benefits must submit medical documentation to prove the type and severity of their medical condition. Under the SSA’s regulations, only documentation provided by certain physicians is sufficient to establish that someone has a qualifying disability. The SSA does consider other evidence, such as a person’s own statements or disability evaluations by other government agencies, but the SSA only considers the other evidence for purposes of judging the extent or severity of a disability.

A disability determination from the VA can be useful for purposes of applying for Social Security disability benefits, but it will not be binding on the SSA. In many cases, a 90% or a 100% disability finding by the VA will go a long way towards proving a disability to the SSA, but it will probably not—by itself—be enough to establish a disability under the SSA’s rules. If the VA has determined that you are disabled and you have questions about how that could help you qualify for Social Security disability benefits, then you should consult an attorney familiar with Social Security law.

Can I get Social Security disability benefits if I am disabled but have never worked?

The Social Security Administration runs two programs that provide disability benefits: Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”). SSDI provides benefits to: (1) disabled workers who worked for five out of the last 10 years, called “insured workers” by the Social Security Administration; (2) the disabled children of insured workers, as long as the children became disabled before they reached the age of 22; and (3) the disabled surviving spouses of deceased insured workers. SSI pays benefits to disabled adults and children who have little or no income, or other financial resources; it also provides benefits to adults without disabilities who are over 65 and whose financial means are under certain limits.

Whether someone with a disability who has never worked can receive Social Security disability benefits depends upon the circumstances. For someone who has never worked and became disabled after reaching age 22, SSDI benefits would not be available. SSDI benefits could be available, however, to either a disabled child of an insured worker, as long as the child became disabled before reaching age 22; or, to the disabled surviving spouse of a deceased insured worker. Neither disabled children, nor disabled surviving spouses, have to satisfy the SSDI work requirement on their own.

SSI benefits, on the other hand, could be available to someone who has never worked, regardless of age. The reason that SSI could be available to someone ineligible for SSDI is that eligibility for SSI is based only on disability and financial means. Therefore, someone with a disability who has never worked can qualify for SSI benefits.

In order to qualify for either program, applicants must prove that they have a “disability” under the Social Security Administration’s rules (with the exception of those age 65 or over who apply for SSI benefits). With respect to adults, a “disability” is a serious medical condition that has lasted (or will last) for at least one year, and prevents someone from being gainfully employed. With respect to children, a “disability” is a serious medical condition that causes severe functional limitations and can either be expected to cause death, or be expected to last for at least one year.

Qualifying for either program can be difficult. The Social Security Administration often finds that applicants are not disabled, and proving a disability would be critical for someone who has never worked and would only be eligible for SSI benefits. If you are disabled and have never worked, then you should speak with an attorney who understands the Social Security Administration’s disability rules and can help you understand how to qualify.  Complete our free online consultation form today.

Recently a bankruptcy attorney working at the Nicholson Law Center mentioned that she had been searching the internet for information about Social Security and had found an “acquiescence ruling.” Although the term “acquiesence ruling” is unfamiliar to many (if not most) Social Security recipients, they can sometimes have a significant impact on the process of applying for (and being approved or denied for) Social Security benefits. The following hypothetical example illustrates what an acquiescence ruling is, and the effect that a ruling could have on the policies and procedures of the Social Security Administration.

Imagine that Augustus “Gus” Hand is 45 years old and has worked continuously for the last 10 years at an auto parts factory near Dayton, Ohio. Gus has multiple sclerosis, and until recently, he had managed his condition and remained able to work as the result of certain therapies prescribed by his doctors. Over the last several months, Gus’s condition has grown worse and forced him to stop working.

Because Gus cannot return to his factory job, and because he is now physically unable to take any other gainful employment, Gus decides to apply for Social Security Disability Insurance (“SSDI”) benefits. In order to qualify for SSDI benefits, Gus must establish: (1) that he has been employed for at least five of the last ten years; (2) that he has paid FICA (“Federal Insurance Contributions Act”) taxes; and (3) that he is “disabled” as the Social Security Administration defines it. According to the applicable definition, Gus would be disabled if he is unable do the work that he used to do; if he is unable to adjust to other work as the result of his medical condition; and if his medical condition has lasted for a minimum of one year (or is expected to last for a minimum of one year).

Based on the Social Security Administration’s guidelines, Gus qualifies for SSDI because: (1) he was employed for all 10 of the last 10 years; (2) he was a full-time, regular employee, meaning that FICA taxes were automatically deducted from every paycheck he received; and (3) his medical condition qualifies as a disability under the rules of the Social Security Administration. Gus submits his application for SSDI benefits. He researched eligibility for SSDI before completing the application, so he fully expects that he will be approved to receive benefits.

Much to Gus’s surprise, however, his application is denied. Gus has the right to appeal the denial, however. Gus hires an attorney who focuses on Social Security law to represent him throughout the appeal process.

In Ohio, the first step in the SSDI appeal process is a review by the Bureau of Disability Determinations (“BDD”). BDD analyzes the medical documentation that Gus provided with his application and, in this case, instructs Gus to have an independent physical examination. In Gus’s case, BDD decides that the initial denial was correct. Gus decides to proceed with the next step, the “Reconsideration”.

In the second step, Gus and his attorney appear at a hearing before an administrative law judge. The administrative law judge is an employee of the Social Security Administration with detailed knowledge of the applicable laws and regulations. Gus’s attorney argues his case before the judge, explaining that Gus is entitled to receive SSDI benefits under the official guidelines. A representative of the Social Security Administration also appears at the hearing to argue in favor of BDD’s decision. As happens in many cases, the administrative law judge upholds the determination of BDD and denies Gus’s claim for benefits. Gus refuses to give up, however, and continues his appeal to the next step.

In the third step, Gus’s attorney submits a legal brief on Gus’s behalf to the Social Security Appeal Council. Likewise, the Social Security Administration submits a brief in support of the administrative law judge’s decision. The Appeal Council reviews the briefs submitted by both sides and issues an opinion upholding the administrative law judge’s decision.

At this point, Gus can accept the Appeal Council’s decision, or he can appeal to the U.S. District Court for the Southern District of Ohio, which is the federal trial court responsible for hearing cases in the part of Ohio where Gus lives. Gus decides to take his case to court.

In the U.S. District Court, Gus’s attorney argues Gus’s case to a federal judge. The attorney explains that the Social Security Administration’s own rules, along with applicable federal laws and regulations, indicate that Gus is entitled to SSDI benefits. A lawyer for the Social Security Administration also presents his case to the judge, arguing that the Appeal Council reached the correct decision. The federal judge rules in favor of the Social Security Administration, so Gus appeals his case to the U.S. Court of Appeals for the Sixth Circuit, which is the federal appeals court responsible for reviewing the decisions of a group of federal courts that includes the U.S. District Court for the Southern District of Ohio.

The proceedings in the Sixth Circuit Court of Appeals are similar to those in the District Court, except that a panel of three judges hears the arguments and issues a decision. Finally, Gus prevails, and the Sixth Circuit issues a decision stating that Gus is entitled to receive SSDI benefits. In its decision, the Sixth Circuit also makes a modification to one of the guidelines applicable to BDD’s evaluation of claims for SSDI benefits.

As the result of the outcome of Gus’s case before the Sixth Circuit Court of Appeals, the Social Security Administration sends instructions to BDD that explain what BDD must do in order to comply with the Sixth Circuit’s decision. Basically, these instructions are an “acquiescence ruling.”

Of course, very few SSDI appeals last as long as the example. Most applications for SSDI benefits are denied, and BDD only rarely overturns an initial denial. As a result, many appeals reach an administrative law judge. If your application for SSDI benefits has been denied and you want to exercise your legal right to appeal that denial, then talk with an attorney, like John T. Nicholson, who practices Social Security law.

Social Security benefits generally come in two forms: Social Security disability benefits, and Social Security retirement benefits. Those who have recently been employed and paid Social Security taxes, and who are unable to work because of a serious medical condition that will last for at least one year, are potentially eligible to receive Social Security disability benefits. Those who have reached at least age 62, and who have worked for 10 years and paid Social Security taxes, are potentially eligible to receive Social Security retirement benefits.

Supplemental Security Income (“SSI”) is a related, but technically separate, program administered by the Social Security Administration. Those who have reached at least age 65, or who are blind or disabled, and whose income and resources are below certain limits, are potentially eligible to receive SSI benefits.

For those receiving Social Security or SSI benefits, their benefits will probably not be affected if they are admitted to prison for a continuous period of fewer than 30 days because of a conviction for a criminal offense. On the other hand, for those admitted to prison for a continuous period of more than 30 days, their benefits will likely be suspended. Benefits to spouses and children, however, will probably not be suspended, so long as they remain eligible under the Social Security Administration’s rules.

Those whose Social Security benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning one month after the month in which they are released. For example, if Paul Prisoner served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated beginning in July, 2011.

Those whose SSI benefits are suspended during a prison sentence of more than 30 days can have their benefits reinstated beginning in the same month that they are released. They will lose their eligibility, however, if their sentence lasts for 12 or more consecutive months; when they are released, they must submit a new application for SSI benefits. For example, if Ivan Inmate served a six-month sentence in the Dayton Correctional Institution and were released on June 5, 2011, then his benefits could be reinstated during the same month. He would receive partial benefits for June, 2011, and full benefits beginning in July, 2011. If Ivan served a sentence of 15 months, on the other hand, then he would have to submit a new application for benefits upon his release.

For those who were not receiving either Social Security or SSI benefits before they were admitted to prison, their eligibility following release is unaffected. In other words, when they were released from prison, they would apply for benefits like anyone else. If you have questions about how serving a prison sentence might affect your ability to receive Social Security or SSI benefits, then talk to a lawyer who is familiar with Social Security law. You might even be able to start the process of reinstating your benefits, or applying for benefits, before you are released.

Members of the U.S. military, as well as civilian personnel and civilian contractors working for the military, often worry that declaring bankruptcy could result in the loss of their security clearances. Although declaring bankruptcy could possibly affect a security clearance, the good news is that this is not automatic.

Suppose that a Staff Sergeant is stationed at Wright-Patterson Air Force Base (near Dayton, Ohio). He is being considered for reassignment to a new unit, and as a result, the Air Force has initiated a security clearance background investigation into the Staff Sergeant character and conduct. An adjudicator will inquire about the Staff Sergeant’s criminal background and financial responsibility (including credit history), as well as his personal attributes, such as honesty, loyalty, reliability and trustworthiness. Bankruptcy, of course, relates to an analysis of financial responsibility.

The adjudicator will consider the circumstances of Staff Sergeant’s bankruptcy when deciding how much of an impact—if any—it should have on the decision about his security clearance. For example, if the Staff Sergeant declared bankruptcy to avoid the debts he accumulated as the result of his compulsive gambling, then the bankruptcy would likely have a negative impact on his security clearance. On the other hand, if Staff Sergeant Nelson’s debts resulted from a sudden medical emergency or other unexpected event, then the bankruptcy might have little or no impact on his security clearance. In other words, the fact that Staff Sergeant Nelson declared bankruptcy is probably less important than the reasons he got into debt in the first place and how he tried to manage that debt prior to filing his bankruptcy petition.

If you are a member of the U.S. military and are considering bankruptcy, then you should consider speaking with an attorney who focuses on bankruptcy law. Your attorney can help you through the bankruptcy process and can explain the circumstances of the bankruptcy to your commanding officer and investigative personnel, pointing out that bankruptcy is a full, legal discharge of all your debts. In many cases, bankruptcy is the most financially responsible means of dealing with your debts.  Call 1-800-596-1533 for a free consultation from an experienced Ohio Bankruptcy Attorney.

Disabled children can qualify for benefits under the Supplemental Security Income (“SSI”) program, which is administered by the Social Security Administration, depending: (1) on the nature of their disabilities; (2) on how much income they have (if any); and (3) on their available resources. Children’s “available resources” include the income (and assets) of their parents and guardians. Therefore, many parents and guardians of disabled children wonder how much income they can have before their children no longer qualify for SSI benefits.

The Social Security Administration (“SSA”) defines a child as someone who is not married; is not head of a household; and is under age 18, or is under age 22 and regularly attending school. This discussion only applies to SSI benefits for disabled children, as the SSA defines the terms “disabled” and “children.”

1. Nature of disability. According to the definition established by the applicable laws and regulations, a child is “disabled” if the child “has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” In other words, a child is disabled for purposes of SSI benefits if the child has a very serious medical condition that will last (or has lasted) for at least one year. For example, a child who suffers from cystic fibrosis could qualify for SSI benefits. A child with a minor broken leg, but who did not otherwise have a serious medical condition, would probably not qualify.

2. Child’s income (if any). In terms of a child’s income, a child may not earn more than $1,000.00 per month from employment and still qualify to receive SSI benefits (in 2011; the limit on a child’s total monthly income changes every year). On the other hand, a child who is unemployed, or who is employed but earns less than $1,000.00 per month (in 2011), would meet the income limit.

3. Income and resources (i.e. assets) of parents or guardians. The determination of a child’s eligibility to receive SSI benefits also takes into account

Income, in this context, comes in two varieties: “earned income” and “unearned income.” Earned income consists of “wages from employment, net earnings from self-employment, certain royalties and honoraria, and sheltered workshop payments.” Unearned income consists of money received from other sources, “such as Social Security benefits, pensions, state disability payments, unemployment benefits, interest income, and cash from friends and relatives.” Some income is exempt and does not count toward the applicable limits. The following chart illustrates the income limits currently applicable in many (but not all) circumstances.

By “resources,” the SSA essentially means property. For instance, resources include bank accounts, cash, life insurance, real estate, stocks, U.S. savings bonds, vehicles and other property belonging to a child’s parents or guardians that could be exchanged for cash and used for food or shelter. Some resources, such as a home, household goods and personal effects, and money in pension funds, are exempt and do not count toward the applicable limits. Currently, the applicable resource limit (for non-exempt resources) is $2,000 for a single parent or guardian, and $3,000.00 for a couple.

To summarize: A disabled child’s eligibility for SSI benefits depends upon the nature of the child’s disability, the amount of income that the child earns (if any), and the income and resources available to the child—including resources available through parents and guardians. Regarding the resources of parents and guardians, the limits vary from case to case depending on the circumstances. The income limits listed in the foregoing chart, and the resource limits discussed above, might or might not apply in a specific situation because of the many rules and regulations, as well as exemptions, that govern SSI eligibility for disabled children. If you are the parent or guardian of a disabled child and would like to learn more about SSI eligibility, then talk with a lawyer with experience dealing with Social Security issues.

The parents of an autistic child recently asked me whether their child could be eligible to receive Social Security disability benefits. Generally, autism qualifies as a disability for Social Security purposes. Whether a specific child qualifies, however, depends upon the severity of the child’s condition.

The Social Security Administration’s definition of the term “disability,” for children under age 18, is “a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to cause death or that has lasted or can be expected to last for a continuous period of not less than 12 months.” Autism, or “Autistic Disorder” as it is called by the Social Security Administration (“SSA”), appears on the SSA’s Listing of Impairments. As the SSA puts it, the Listing of Impairments “describes, for each major body system, impairments considered severe enough” to satisfy the SSA’s definition of the term “disability.”

Listing 112.10 is “Autistic Disorder and Other Pervasive Developmental Disorders,” which are described as “[c]haracterized by qualitative deficits in the development of reciprocal social interaction, in the development of verbal and nonverbal communication skills, and in imaginative activity.” According to this entry in the Listing of Impairments, the “required level of severity” for an autistic child to qualify for disability benefits is met when the child exhibits: (a) qualitative deficits in the development of reciprocal social interaction; (b) qualitative deficits in verbal and nonverbal communication and in imaginative activity; (c) a markedly restricted repertoire of activities and interests; and (d) for “older infants and toddlers (age 1 to attainment of age 3), resulting in at least one of the appropriate age-group criteria in paragraph B1” of Listing 112.02; “or, for children (age 3 to attainment of age 18), resulting in at least two of the appropriate age-group criteria in paragraph B2 of” Listing 112.02.

The SSA applies a five-step disability analysis to make the determination of whether someone is officially disabled. Although autism appears on the Listing of Impairments, the SSA will still require that documentation be submitted as part of an application for disability benefits. Additionally, the SSA may require that an applicant receive an independent medical examination.

Parents of autistic children can encounter problems applying for Social Security disability benefits on behalf of their children, even though autism appears on the Listing of Impairments. In some cases, the SSA denies such applications. If you are the parent or guardian of an autistic child and have questions, or if the SSA has denied an application for benefits on behalf of your child, then you should talk with an attorney who focuses on Social Security disability issues.  Contact the Law Offices of John T. Nicholson today to schedule free consultation.

If your claim for Social Security disability benefits has been denied and you want to appeal, then you might be thinking of hiring a lawyer. Although preparing, filing, documenting and appealing a claim for Social Security disability benefits can be expensive and time-consuming, the good news is that you might not have to pay anything unless your lawyer recovers benefits for you.

Many disability lawyers, such as John T. Nicholson, work on contingency. For example, suppose that  a disability attorney with offices in Cincinnati, Columbus, Dayton and Springfield, Ohio takes on a new client whose initial application for Social Security benefits was denied by the Social Security Administration (“SSA”). The client has very little money, so the attorney agrees to work on contingency. This means that the attorney charges no up-front payment and no monthly or installment payments. Instead, the attoney’s fee will be paid from whatever benefits she recovers for her client. If the attorney does not recover any benefits for her client, then her client owes her nothing (the attorney’s client might have to pay for expenses along the way, such as photocopying of records).

Furthermore, the SSA has established strict rules about how, and how much, disability lawyers may be paid—even if they are working on contingency. For any contingency fee agreement made after June 22, 2009, a disability lawyer may only be paid 25% of past-due benefits or $6,000.00, whichever is less.

Suppose that Attorney’s new client had filed an application for Social Security disability benefits. The SSA denied the application, so the client hired Attorney to handle the appeal. If Attorney wins the appeal, then her client will receive disability benefits not only from that point onward, but also retroactively from the date on which the SSA determines that Attorney’s client officially became disabled. In other words, a successful appeal means that the client would receive future disability benefits and past-due disability benefits. Because Attorney represented his client on contingency, under the SSA’s rules she would receive 25% of the past-due benefits she won for her client, up to a maximum of $6,000.00.

The appeal described in the example would be heard by the SSA itself, not in a regular court of law (an example of a court of law is the Montgomery County Common Pleas Court, or the Dayton Municipal Court). Different rules apply to attorney’s fees in other kinds of cases. For instance, cases in state or federal courts of law are not subject to the same rules. Also, some cases involving overpayments (i.e. the SSA mistakenly pays more benefits than it owes to someone) are not subject to the 25% or $6,000.00 limit.

This discussion of attorney’s fees in Social Security disability cases is a simplified example. The SSA has established detailed rules that include exceptions which might apply in your case. In addition, not all disability lawyers work on contingency. If you want to appeal a denial of an application for Social Security disability benefits, or if you simply have questions about Social Security, then you should speak with a lawyer who focuses on Social Security law by filling out our free consultation form.

In Social Security parlance, the term “residual functional capacity” refers to the remaining abilities of someone who has a disability, after taking the disability into account. For example, imagine that you were paralyzed from the waist down and could not walk. The Code of Federal Regulations would define your residual functional capacity as “the most you can still do despite your limitations.” 20 C.F.R. § 416.945 (2010).

The term “residual functional capacity” also refers to a pair of forms, one for assessing mental residual functional capacity, and one for assessing physical residual functional capacity. When someone files an application seeking Social Security Disability Insurance (“SSDI”) or Supplemental Security Income (“SSI”) on the basis of a disability, Disability Determination Services (a network of local Social Security Administration field offices and state agencies) evaluates the applicant’s residual functional capacity using these forms.

Suppose that Nathan Bonaparte, who lives in Beavercreek, Ohio, has been blinded permanently as the result of an accident at work. If he decided to apply for SSDI benefits, then he could apply online, by mail, by telephone or in person at a Social Security Administration field office. His application would be evaluated by an examiner working for the Social Security Administration. The examiner would evaluate Nathan’s application based on non-medical eligibility requirements, such as age, employment, marital status and so on. After that, Nathan’s application would next be reviewed by Disability Determination Services (“DDS”).

DDS would then make the initial determination of whether Nathan qualified as disabled for purposes of SSDI benefits. To make this determination, DDS would rely on the medical information provided by Nathan and, depending on whether Nathan provided sufficient documentation, on a consultative examination conducted by physicians working for DDS. Although Nathan’s disability might not automatically qualify him to receive SSDI benefits, DDS might determine that he qualified as the result of limited residual functional capacity. In other words, if Nathan’s residual functional capacity were not sufficient to allow him to return to his job, or to find a new job, then he might be approved for SSDI benefits.

The analysis of residual functional capacity can be complicated, particularly if an applicant has more than one disability or medical condition. Unfortunately, DDS denies applications more often than it approves them. If you have questions about applying for SSDI or SSI benefits, or if your application has been denied and you want to appeal, then you should speak with an attorney who specializes in Social Security issues.  If you would like more information or have been wrongfully denied Social Security Benefits then call the Law Offices of John T. Nicholson at 1-800-596-1533 or complete our online free consultation form.

The Social Security Administration runs two programs that provide disability benefits: Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”). SSDI pays disability benefits to “insured workers.” An “insured worker,” for purposes of SSDI, is someone who pays FICA taxes (“FICA” stands for “Federal Insurance Contributions Act”). SSDI also pays benefits for the disabled children of insured workers, so long as the children became disabled before they reached the age of 22, as well as to the disabled surviving spouses of deceased insured workers.

SSI, on the other hand, pays benefits to disabled adults and children who have little or no income, or other financial resources. The program also provides benefits to adults without disabilities who are age 65 or older and whose financial means fall within the applicable limits.

As an example, suppose that Edith Keeler, who rents an apartment in Springfield, Ohio, is 45 years old, is unmarried and has liver cancer. Her medical condition has forced her to stop working, leaving her with no income.

Edith decides to apply for disability benefits. She visits a Social Security Administration field office and submits an application. An examiner reviews her application and then forwards it to Disability Determination Services (“DDS”). DDS, a network of local Social Security Administration field offices and state agencies, is responsible for determining whether an applicant for disability benefits has a disability that qualifies under the applicable rules. In Edith’s case, DDS determines that she is disabled. Therefore, she is eligible to receive SSDI benefits.

In order to be eligible to receive SSI benefits, Edith’s financial resources and monthly income—including her SSDI benefits—must be less than the corresponding amounts established under the Social Security Administration’s guidelines. All of the property that Edith owns (for example, bank accounts, cars, cash, real estate, and stocks and bonds) constitutes her “resources.” Edith rents her apartment and does not own any real estate, nor does she own any stocks or bonds. She does own one car worth $1,500.00, and she has $250.00 in a checking account. Edith otherwise owns no property. She also has no income because she is unemployed as the result of her medical condition.

Currently, the limit on the value of a single applicant’s resources (property, in plain language) is $2,000.00. Some resources, however, are exempt and do not count towards this limit. Among other things, an applicant can exempt one house and one car. Accordingly, Edith has resources worth only a total of $250.00 (the balance in her checking account) because her car is exempt.

With respect to the monthly income limit, the Social Security Administration uses a formula to determine eligibility. The value of Edith’s resources is under the limit, and because Edith has no income, she would probably be eligible to receive SSI benefits.

Given that Edith is disabled for purposes of SSDI, and given that her financial resources and income are under the limits applicable to SSI, Edith is eligible to receive both SSDI benefits and SSI benefits. The total amount of Edith’s monthly benefit, however, cannot be more than the maximum possible benefit that she would receive from SSI alone. For 2011, the maximum monthly SSI benefit for a single recipient is $674.00.

In other words, were Edith to receive $600.00 per month in SSDI benefits, then her total monthly benefit would still be $674.00, which would consist of $600.00 per month from SSDI and $74.00 per month from SSI. Were Edith eligible to receive $700.00 per month from SSDI, then she would not be eligible to receive any SSI benefits.

ssi payment amount Applying for either of these programs can be complicated, and qualifying is often difficult. The examples above have been simplified and are offered only to give a very basic understanding of SSDI and SSI. In fact, a significant percentage of applications in Ohio are initially denied by the Social Security Administration. When an application is denied, however, the applicant has the right to appeal. If you would like more information or have been wrongfully denied Social Security Benefits then call the Law Offices of John T. Nicholson at 1-800-596-1533 or complete our online free consultation form.

Lately, a number of my clients have asked me whether they can receive early retirement benefits from Social Security and, at the same time, also receive Social Security Disability Insurance (“SSDI”) benefits. Believe it or not, the answer is “yes” in many cases.  Suppose that Susan B. Anthony, who is currently 62 years old and lives in Troy, Ohio, worked for 30 years at the Spacely Sprockets factory in Wilmington. She has leukemia, and as a result of her condition, she had to stop working on June 1, 2010. At that time, she did not apply for SSDI benefits. Now that she has reached age 62, she would like to begin drawing early retirement benefits from Social Security. She also wants to apply for SSDI benefits.

Normally, were Susan to elect to draw early retirement benefits, the amount she would receive would be reduced by 25% compared to drawing benefits at full retirement age. For example, if Susan would have received a monthly retirement benefit of $1,000.00 had she retired at age 66 (the full retirement age for someone born in 1949), then her monthly early retirement benefit would be $750.00. If she were married, then her spouse’s benefit would be reduced by 30%. Furthermore, Susan’s monthly benefit would not increase once she reached full retirement age—the 25% reduction would be permanent.

In Susan’s case, however, she stopped working as the result of her disability. Because her disability forced her to stop working before she reached full retirement age (again, Susan is currently 62; her full retirement age would have been 66), Susan could effectively receive her full retirement benefit if her application for SSDI benefits is approved.

Assume that Susan began drawing her early retirement benefits shortly after her 62nd birthday, which was July 1, 2011. She then applied for SSDI benefits. On her application, she listed June 1, 2010, as the date on which her disability began. A decision on an application for SSDI benefits usually takes several months, and can sometimes take longer. Suppose, therefore, that the Social Security Administration approves Susan’s application for SSDI benefits on December 1, 2011, and that it determines that Susan’s disability began on June 1, 2010.

In this scenario, Susan would be paid her SSDI benefits retroactively from January, 2011, through July, 2011—when she started receiving her early retirement benefits. Then, for August, 2011, through December, 2011, Susan would be paid the difference between her early retirement benefit, which she already received, and her full retirement benefit. From December, 2011, onward, Susan would receive SSDI payments in the amount of her full, monthly retirement benefit. Effectively, because Susan’s early retirement was the product of her disability, the Social Security Administration treats her as if she had stopped working at her full retirement age.

Keep in mind that the foregoing example only applies when the Social Security Administration approves an application for SSDI benefits. For instance, had her application for SSDI benefits had been denied, Susan would have received only her reduced, early retirement benefit.

In addition, the amount of Susan’s monthly benefit would also have been different had the Social Security Administration determined that her disability began on a later date. Had the Social Security Administration determined that Susan’s disability began on September 1, 2011, then Susan would be treated as if she retired two months early (i.e. full retirement age less, less two months). In other words, if the date on which Susan’s disability officially began (as determined by the Social Security Administration) came before the date on which she stopped working, then she would be treated as if she had stopped working at her full retirement age. On the other hand, if the date on which her disability officially began came after the date on which she stopped working, then she would be treated as if she had retired early.

Drawing Social Security early retirement benefits and receiving SSDI benefits at the same time is possible. For some, this is the best option. For others, waiting until full retirement age to begin drawing benefits is the best option. If you have questions about early retirement and SSDI benefits please contact the Law Offices of John T. Nicholson at 1-800-596-1533 for a free consultation.

Many parents and guardians with children under the age of 18 wonder whether their children could qualify for Social Security disability benefits.  Disabled children under the age of 18 can qualify for benefits under the Supplemental Security Income (“SSI”) program, which is administered by the Social Security Administration, depending on the nature of their disabilities, on their income, and on the resources available to them. According to 42 U.S.C. § 1382c(a)(3)(C)(i), a child under the age of 18 is disabled if the child “has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”  In simpler language, a “disability” for purposes of SSI benefits must be a very serious medical condition that will last for at least one year.  For example, a child who suffers from partial or total paralysis, or from mental retardation, could qualify for SSI benefits.  A child with a broken leg, however, would likely not qualify.

In addition to satisfying the definition of “disabled,” a child may not earn more than a certain amount from employment.  42 U.S.C. § 1382c(a)(3)(C)(ii) states that a child under the age of 18 who “engages in substantial gainful activity” does not satisfy the definition of “disabled.”  This means that a child who is employed and who earns more than $1,000.00 per month from employment would not qualify for SSI benefits in 2011 (the limit on a child’s total monthly income changes every year).  At the same time, a child who is unemployed, or who is employed but earns less than $1,000.00 per month, could qualify.

Further, a determination of a child’s eligibility for SSI benefits also involves the income of the child’s parents or guardians.  This part of the eligibility determination can be relatively complicated, but in short, a child whose parents or guardians could be described as among the working poor would probably qualify, whereas a child whose parents could be described as among the middle or upper class would probably not qualify (or would qualify for only minimal benefits).

Normally, a determination of eligibility can take three to five months.  Children with certain conditions, however, can qualify for immediate benefit payments while the determination is pending.  Examples of conditions that would qualify a child to receive immediate payments include cerebral palsy, Down syndrome, HIV infection, muscular dystrophy, total blindness and total deafness.

Although the Social Security Administration publishes a number of self-help guides regarding the eligibility of children for SSI benefits, the process of applying for SSI benefits can be complex.  If you have questions about whether your child could be eligible to receive benefits, then you should consider a free consultation with an attorney focusing in Social Security law.

In most circumstances, the Automatic Stay will keep educational loan creditors from contacting you the entire time that the bankruptcy case is pending.  In Chapter 13 bankruptcies, that period could be as long as 5 years.  In that sense, student loans are treated like all other unsecured debts.  However, whether student loans are discharged at the end of the bankruptcy is a more complicated issue.

It is very difficult, but not impossible, to discharge student loans in bankruptcy.  In order to discharge your student loans in a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, you will need to convince the Bankruptcy Court that repayment of the student loans “will impose an undue hardship on you and your dependents.”

Different federal districts have different tests that they use to determine what the borrower will need to show in order to prove “undue hardship.”  These different tests and the different courts’ interpretations make it more difficult to discharge student loans in some districts.  Student loan discharge in Dayton, Ohio, is very difficult.

In order to discharge the student debt, you will need to file what is called an adversary proceeding.  The issue will be litigated in the bankruptcy court, costing time and money.  Most bankruptcy attorneys offer free consultations, where you can get more information about the treatment of your student loans in bankruptcy.

Lets take the following hypothetical situation:

Ryan and Lauren are married but soon to be divorced.  Ryan is planning on moving from the marital residence in Miamisburg, Ohio, to Tennessee with his new girlfriend Jennifer.  Lauren has already moved to Kettering, Ohio.  Can they file a joint bankruptcy together in Dayton?  Would it be better to wait and file their bankruptcy after the divorce is final?

Divorces breed bankruptcies.  During the marriage there was one household with one set of expenses.  Once one spouse moves out, there become two households and two sets of expenses, and divorce litigation can be very costly.  Filing bankruptcy is often the only solution for people getting divorced.  But how does separation and divorce affect a Chapter 7 bankruptcy or a Chapter 13 bankruptcy?

Ryan and Lauren can file a joint petition at any time during their marriage, even if they are maintaining separate residences.  Filing joint bankruptcy is cheaper because saves the additional filing fee.  However, most bankruptcy attorneys will not advise filing a Chapter 13 bankruptcy in anticipation of a divorce.  Chapter 13 bankruptcies require that the debtors make monthly payments for 36 or 60 months.  This is impractical to do if the individuals involved will no longer be married.

The timing of the two separate cases in Ohio is also important.  Filing either a Chapter 7 bankruptcy or a Chapter 13 bankruptcy will stall any existing divorce proceedings.  The bankruptcy court issues what is called an Automatic Stay at the beginning of the bankruptcy that prohibits anyone from taking action on any debts.  Therefore, the divorce court cannot divide the debts of the spouses until the divorce case is final or a Relief From Stay is obtained from the bankruptcy court.  It is often considered preferable to file the joint Chapter 7 bankruptcy a couple of weeks before filing the divorce case, as the Chapter 7 bankruptcy does not generally take as long as a contested divorce.

A skilled bankruptcy attorney will be able to answer all of your questions about filing bankruptcy in the context of a divorce or separation.  Many Dayton-Springfield area attorneys offer free bankruptcy consultation.

Many of our clients are currently receiving benefits from the Social Security Administration because they are permanently disabled.  So, what if  Social Security attorney, John T. Nicholson in Centerville, Ohio, won your Social Security Appeal in downtown Dayton, Ohio, and you got more money than you should have?  That is called an overpayment, and the government may attempt to collect it.

Filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy will discharge your obligation to repay the government.  The overpayment is treated the same as all other general unsecured debts.

There are some exceptions.  You cannot discharge an obligation to repay fraudulently obtained benefits.

This is the same rule with most forms of government benefit overpayments, like Workers’ Compensation benefits (a.k.a. Workers Comp).  If there was no fraud in obtaining the benefits, then you can file personal bankruptcy to discharge your obligation to repay the overpayment.

Call today for a free consultation (937) 432 – 9775.

You can file for personal bankruptcy as many times and as often as you would like.  However, the court will not issue a discharge or maintain the Automatic Stay unless you meet the statutory guidelines.

The United States Bankruptcy Code requires that you wait a period of time after filing one bankruptcy before you can file another successful case.  A Chapter 7 bankruptcy can be filed 8 years after a prior Chapter 7 or 6 years after prior Chapter 13.  A Chapter 13 bankruptcy can be filed 4 years after a prior Chapter 7 filing or 2 years after a prior Chapter 13 filing.

These requirements are exact, and they will be very strictly enforced.  If you cannot remember the date of your last filing, we are happy to look it up for you.   Please call today for a free consultation at (937)- 432 – 9775.

When considering personal bankruptcy, many clients ask, “Will my income tax refund be taken?”

Whether an individual’s income tax refund becomes a part of the bankruptcy estate depends on when the bankruptcy is filed with the United States Bankruptcy Court.  For instance, if an individual files bankruptcy after that individual has both filed and received their income tax refund, it is highly unlikely that their income tax refund will become a part of the bankruptcy estate.  However, if a person files for bankruptcy shortly before or shortly after filing their income tax return, then it is very likely that a person’s income tax refund will become part of the bankruptcy estate.  This is because the person is yet to have received their income tax refund, and that money can be used to pay off the person’s existing creditors.

However, if you happen to file your income tax refund in or around the same time that you file for bankruptcy that does not necessarily mean that your entire income tax refund will become a part of the bankruptcy estate for the distribution to your creditors.  In Ohio, portions of your income tax refund attributed to the Child Tax Credit and the Earned Income Tax Credit cannot become part of the bankruptcy estate. O.R.C. 2329.66(A)(9)(g).  For instance, if you have an income tax refund for $4000, and $2500 is attributed to the Child Tax Credit and the Earned Income Tax Credit, then the most that can become part of the bankruptcy estate is $1500.

It is best to address a qualified bankruptcy attorney with specific questions about the implications of filing for bankruptcy shortly after filing and/or receiving your income tax refund.  Your bankruptcy lawyer can help you determine the timing that will be best for you.  It is important to note, that you should never spend your income tax refund after it has been determined that it will become a part of the bankruptcy estate.  This can result in serious consequences, such as your bankruptcy being denied.

However, it is also quite common for both parties to file for Temporary Restraining Orders to restrain the opposing party from doing something while the case is pending.  These restraining orders are actual, binding court orders that restrict the parties from doing certain activities while the case is pending.  Some common temporary restraining orders that our firm might file include:

a.   Restrain the parties from incurring further debt in the other party’s name

b.   Restraining the parties from depreciating assets

c.    Restraining the parties from removing the children from the state of Ohio

d.    Restraining one of the parties from re-entering the marital home, if that party has been voluntarily absent from the home for more than 30 consecutive days.

e.     Restraining the parties from abusing, annoying or harassing the other party

This Ohio divorce fact was brought to you by the Miami-Valley law offices of Morrison & Nicholson.  Author: Charles W. Morrison, Partner at Morrison & Nicholson. Call today to schedule a free consultation with an attorney by calling (937) 432 – 9775.

If the defendant refuses to sign or otherwise claim the certified mail, the clerk of courts will then notify your attorney that service was not perfected.  The attorney will then ask the clerk to “re-issue” service via regular mail, as Ohio law allows service by regular mail if the certified mail was unclaimed or refused by the defendant.  Service can also be perfected via personal service by the county sheriff or a special process server (although these methods are more expensive than certified mail).  Regardless of how service is ultimately perfected, the court will not schedule the case for a hearing until service has been completed.   Further impacting the scheduling of the case is the court’s own docket.  Logically, if the court has a backed-up docket, your case will be scheduled out further than if the court’s docket is not as crowded.   How quickly you receive a court date cannot be controlled by the attorneys.

Brought to you by the Miami-Valley law offices of Morrison & Nicholson.  Author: Charles W. Morrison, Partner at Morrison & Nicholson. Call today to schedule a free consultation with an attorney by calling (937) 432 – 9775.

YOU WILL NEED TO PROVIDE CERTAIN PERSONAL INFORMATION

Brought to you by the Centerville, Ohio law offices of Morrison & Nicholson.  Call today to schedule a free consultation (937) 432 – 9775.

Brought to you by the Miami Valley Ohio law offices of Morrison & Nicholson.  Call today to schedule a free consultation (937) 432 – 9775.

The can be anyone that knows you (friend, mother, brother, sister, etc).  You will need to provide the full name, address and relationship to you of the person that will be your witness.  The person may or may not have to testify about personal matters of your marriage, depending on whether the divorce is “contested” or “uncontested.”

If the case is uncontested and you are seeking a divorce based upon the ground(s) of incompatibility and/or living separate and apart for more than one year, the witness will simply have to testify that you and your spouse are incompatible and/or have been living separate and apart for more than one year.   If the ground(s) for divorce include adultery, extreme cruelty, gross neglect of duty, etc., then obviously the witness will have to testify to more personal marital matters of which they have personal knowledge.

A contested Divorce is one where the Defendant files an Answer to the complaint for divorce.  The Defendant could also file a counterclaim for divorce along with the Answer.   An uncontested divorce is one where the Defendant does not file an Answer to the Complaint or enter an appearance in the case at all.  If the case is uncontested, you will only need to appear in court one time for the final “merits” hearing or “final trial.” 

If the Defendant files an Answer to the Complaint (or Answer and Counterclaim) and the matter becomes contested, the case will be moved to the “contested docket” and there will now be multiple court appearances.  The court will schedule (1) a pre-trial at the court and (2) the final trial.

The pre-trial is where both parties and their respective counsel meet with the judge in his or her chambers in order to discuss the particulars of the case (what is being disputed, what the parties are in agreement as to, whether the case is likely to settle, what issues will be litigated, etc.).   The pre-trial is not conducted in the courtroom or on the record, but is more of an informal meeting.

After the pre-trial is concluded, the parties will usually continue to negotiate a settlement of the case, often based upon feedback from the judge as to how to resolve the remaining disputed matters.  If the parties do come to an agreement as to all issues, the final trial will consist simply of the parties agreeing on the record that the court has jurisdiction and that each voluntarily entered into the proposed agreement, that each find it fair and equitable, and that each is requesting the court adopt the agreement as part of the final decree of divorce.

If the parties are unable to reach an agreement as to all issues (say, for instance, the parties cannot agree on child custody or the amount and duration of spousal support) then all remaining disputed issues will have to be litigated at the final trial.  Both parties will be able to call witnesses and introduce other forms of evidence, such as school records, medical records, etc. in an effort to prove he or she should prevail on the disputed issue(s).  Divorce trials are normally scheduled for an entire day, but depending on how much testimony will be taken on the record, the case could last for several days.

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Prior to the Divorce Process

If the two parents are still married and there has not been a complaint for divorce filed in any court of this state, Ohio law states that parents stand on equal footing as to custody of the children, and that both parents are considered the residential and legal custodian of the children.  This means that yes, technically, there is no crime involved for taking the children and moving to another state.  As a legal custodian, the parent that wants to move certainly can determine where and with whom the child shall reside.

However, it should be noted that while a parent that is the legal custodian of the children can move and relocate with his or her children, this fact may in fact impact a court’s later determination on how to allocate parental rights and responsibilities (custody and parenting time/visitation).  Some of the factors that a court is to consider is whether a parent is or is planning to establish a residence outside of Ohio, whether a parent is more likely than the other to facilitate and promote visitation, and finally, whether the other parent has been guilty of parental kidnapping.  Please note that although no criminal charges will follow, taking the children out of state may be considered “parental kidnapping.”

During the Divorce Process

When the parents are not yet divorced, but a complaint for divorce has actually been filed in an Ohio court, there still has not been a FINAL allocation of parental rights and responsibilities.   However, unless the parents are still residing in the same household, the Court will issue temporary orders as to custody and visitation.  The Court will normally award one parent the interim temporary custody of the children during the pendency of the case.  If the parent that was not designated as the temporary custodian takes the children, then that parent will be guilty of contempt of court for violating a valid court order.

Furthermore, it is very common and routine for both parents to seek and obtain temporary restraining orders during the pendency of the case.  Normally these restraining orders prohibit a parent from removing the children from the state of Ohio, except for vacations of 14 days or less.  Again, if the non-residential (temporary) custodian removes the children to another state, that parent will be in violation of a valid court order.

If a parent believes it is necessary to move to another state, that parent will have to file a motion requesting the court allow that parent to do so.

Again, this is a very brief sketch as to this subject and it cannot be urged strongly enough that any parent that wants to move out of Ohio consult an attorney to ensure that it will not negatively impact that parent’s case for custody or subject him or her to civil or criminal penalties.

Four years after the mother was designated the residential parent of both children, the father filed a motion to modify the allocation of parental rights and responsibilities.  The common pleas trial Court granted the father’s motion and awarded him custody.  The appellate court held that the common pleas court did not err in finding that a change of circumstances occurred as there was evidence that, as a collateral result of the mother’s relationship with her same-sex partner, both children had experienced personality disorders, and therefore, modification of custody was in the children’s best interest. The court determined that the adverse collateral effects of the mother’s relationship with her partner and the partner’s role in the children’s lives showed little room for improvement in the future.

While the Court was careful to say that it was not basing its decision on the simple fact that the mother was a lesbian, but rather the collateral affects that her relationship had on the children, it should give pause to the gay and lesbian couples fighting for custody.  This is something to keep an eye on in the future as more and more gay and lesbian couples fight for custody of one of the partner’s minor children.

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In the first installment of what is planned to be a series on dividing retirement / pension benefits during a divorce settlement, we look briefly at the common questions of dividing retirement and pension plans between spouses.  The parties’ retirement benefits is an important consideration when equitably dividing marital property, because, like the marital residence, retirement benefits are often the largest asset or assets of the parties. Therefore, dividing these plans or funds becomes enormously important.  So, let’s now address some common questions.

Is my retirement / pension considered marital property?

As the intro gave away: yes.  Just as with any other asset of value that is acquired during the marriage, generally, retirement benefits accrued during the marriage are considered to be  “marital assets” and must be divided equally between the parties.  If a spouse is working during the marriage and this results in the accrual of retirement benefits, the law sees it as if the non-working spouse contributed equally to the creation of those benefits.

This frequently makes it difficult for a court to carry out its statutory mandate of dividing all marital property equally.  Technically, the non-working spouse is entitled to at least a portion of the employed-spouse’s pension fund (as marital property), but the money may not be easily accessible at the time of divorce.  Because courts like to maximize the value of all retirement and pension funds, it is normally preferable to avoid causing the withdrawal of the accrued monies, and leave the fund growing in the name of the working spouse.   Fees, penalties and taxes can often destroy a pension that is withdrawn when it is not fully matured.  But, the problem is that sometimes there simply isn’t other marital property to award to the other (non-earning) spouse at the time of the divorce that will adequately compensate that spouse for his or her rightful portion of a retirement fund.  For this reason, valuing and dividing retirement benefits should be one of the first issues contemplated by a divorcing party.

Is it true that my spouse is entitled to half of my pension?

No. Not always.  Only the portion of the retirement fund that was contributed to or earned during the marriage is considered “marital property” and subject to division between the parties.  The portion of the retirement fund that was earned by the working spouse while unmarried is considered that party’s separate property and the other spouse has no interest in that money. Therefore, the first step is to determine what portion of the retirement fund is marital and what portion is separate property.

How do you value the portion of the retirement fund that is considered “marital”?

In determining the portion of a pension or retirement plan that is considered a “marital asset” and subject to division between the parties, the court should calculate the ratio of the number of years the employed-spouse worked during the marriage to the total number of years he or she worked at the qualifying employment to earn the pension.  Only the portion of the pension that was earned during the marriage is a marital asset, and the spouse of the employee is only entitled to a proportionate share of the marital asset.

Example – Employed spouse works 25 years to earn a vested pension of $100,000.  10 of these years were worked during the marriage. This equates to a 40% ratio, and only $40,000 of the pension is a martial asset. Because the division of marital property always begins with an equal division, the non-employed spouse would typically be entitled to $20,000 in this scenario.

Now, assuming the court doesn’t want to destroy the fund if it would be better for the employed spouse to contribute for 30 years, you see where it could be difficult to off-set this amount with other marital property? How many couples have $20,000 (in liquid form, moreover) lying around to award the other spouse his or her fair share of this fund at the point of divorce?

Are Social Security Benefits Divided?

No.  Not directly, anyway. Social security retirement benefits are not considered marital assets to be divided when a couple divorces.  A court cannot distribute a portion of one spouse’s SS benefits to the other spouse directly.  However, the court does consider the SS benefits when making an equitable division of retirement benefits overall – See Smith v. Smith (1993, Franklin Co) 632 N.E.2d 555 (“while not divisible as a marital asset, SS benefits must be considered when equitably dividing pension benefits”).

Are State and federal retirement plans treated differently?

Yes. The law related to state and federal retirement plans will be the subject of a later post.  There are specific rules that govern certain public-forms of pensions, such as military pensions, State pension plans (e.g., PERS) and deferred compensation plans.  Those forms of retirement benefits are impacted by specific federal and state statutes that must be consulted where applicable.

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So, what are legally sufficient grounds in Ohio? Generally, any of the following will suffice:

1. Either party entering into a bigamous marriage

2. Willful absence of the adverse party for one year

3. Adultery (obviously!)

4. Extreme cruelty (carefully defined under statute)

5. Fraudulent contract (marriage is a contract, after all)

6. Any gross neglect of marital duty

7. Habitual drunkenness

8. Imprisonment of the adverse party in a state or federal prison when the petition is filed with the Court

9. Procurement of a divorce outside Ohio, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while such obligations remain binding upon the other party

10. On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation

So there you go, now you know that “he is a jerk” will not suffice as legally sufficient grounds to state in your complaint. You must plead and prove one of statutorily enumerated grounds established by the Ohio Legislature to obtain a divorce.

This does not mean that the parents wishes control the Court’s decision, but that if the parents feel strongly against visitation, the court must consider that fact.  But even if the residential parent does not want to allow the visitation, the Court can , and often does, grant the visitation if it is in the best interest of the child.  There are specific stautory provisions that cover the visitation rights of grandparents in Ohio, so you should seek the advice of counsel to determine if your case is worth pursuing.

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Q 1. What does it cost to hire an attorney for my SSD / SSI claim?

A 1. Nothing. Our firm does all SSD cases on a contingency basis. We take a percentage or pre-determined amount (determined under Statutes) of the back-pay you are awarded. If you are not granted SSD benefits, then we do not collect anything.

Q 2. Is there a difference between SSD and SSI benefits?

A 2. Yes. SSI is usually reserved for those individuals with very low incomes, and/or those that have not worked long enough in order to earn SSD benefits.

Q 3. How do I prove SSD eligibility if I do not have the money to visit a doctor?

A 3. This is one of the hardest issues for SSD applicants. On the one hand they are not working because they are disabled, and therefore, they do not have health insurance that allows them to visit a doctor. On the other hand, it is harder to prove SSD eligibility without documentation from treating physicians. Those that believe that they are eligible for SSD benefits ought to see a doctor as much as they can in order to build the strongest case. However, if you previously worked and had health insurance which allowed you to visit a doctor, we can use those records to prove your case. Check with our office and we will help determine the best course of action you should take.

Q 4. How long does it take to start receiving my benefits?

A 4. This is the hardest part for many applicants to understand. The SS offices are very overworked and any given case can take 1-2 years. However, if you never start the process, you will never receive benefits. it is better to get benefits in 1-2 years than not at all. You need to come into our office ASAP so that we can begin the process on your behalf.

Q 5. Do I have to be completely disabled in order to receive SSD benefits? NO and YES. No, you do not have to be completely disabled in the ordinary sense of that word. Meaning, you do not have to be bed-ridden or need round-the-clock assistance. However, you need to be completely disabled as that term is used in the federal Statutes. The definition in the federal statutes is much more broad and the vast majority of the people who can do normal daily activities are eligible for SSD benefits.

We hope this answers some basic questions for now. We will post more common questions and answers in the near future.  Feel free to contact us through the online contact form or call our office at 937-432-9775 for an appointment to discuss your claim.