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Delays in Ohio Social Security Disability claims hurt claimants
Social Security Disability Delays Impact Vulnerable Patients
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.
Posted in Social Security SSD/SSI
Tagged ALJ, cincinnati ohio disability wait times, columbus ohio ssa disability wait times, dayton ohio disability wait, how do I appeal my disability denial, how long does a disability claim take, how to appeal your SSD decision, indianapolis IN disability waiting, middletown ohio ssi docket times, wait for ssi in cleveland ohio, wait times for receiving disability, what is the appeals process like for a disability claim
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Xenia Ohio Disability Attorney
Our Xenia Office is located at 36 North Detroit Street #104, Xenia, OH and is by appointment only. Please call (937) 432-9775 for a free consultation or to schedule an appointment today.
OHIO Residents:
Dayton * Cincinnati * Columbus * Piqua * Xenia * Springfield * Troy
All other states call 1-800-596-1533
Piqua Ohio Disability Law Office
Our Piqua Office is located at 430 North Wayne Street, Piqua, OH and is by appointment only. Please call (937) 325-8500 for a free consultation or to schedule an appointment today.
OHIO Residents:
Dayton * Cincinnati * Columbus * Piqua * Xenia * Springfield * Troy
All other states call 1-800-596-1533
Can I get Social Security disability for having sleep apnea?
Sleep Apnea
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.
Posted in Social Security SSD/SSI
Tagged can’t breath, chronic fatigue, chronic sleep trouble, Columbus disability attorney, disability benefits, FEV scores from doctor, hallucinations, high blood pressure, hypertension, I’m tired can I get disability?, low oxygen levels, memory problems, mood change, personality change, pulmonary problems disability, sleep apnea, sleep disorders, SSA, trouble sleeping, xenia disability attorney
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Will I lose my disability when I go to prison or jail?
How Will Prison Affect My Disability Benefits?
When a person is facing incarceration there is surely a lot on their mind. If the person is receiving Social Security Disability benefits, one of the questions might be whether or not they can keep their disability benefits. The following information will help you better understand exactly what will happen to your Social Security Disability benefits if you are sent to jail.
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.
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