As the jobs picture in many parts of Louisiana continues to be depressed, many of my clients are filing for disability but have also applied for unemployment benefits. In many hearings, my SSDI clients are being asked by judges if they have filed for unemployment benefits. The issue for your disability case is this: when…
What is Fibromyalgia? Can I receive Social Security Disability benefits for Fibromyalgia? Tips for Social Security Disability Application for Fibromyalgia _____________________________________________________ What is Fibromyalgia? Fibromyalgia is a chronic condition that affects about 5 million Americans. The hallmark of fibromyalgia is muscle pain throughout the body, typically accompanied by: • Fatigue • Sleep problems •…
Compassionate Allowances (CAL) are the Social Security Administrations “way of quickly identifying diseases and other medical conditions that invariable qualify under the Listing of Impairments based on minimal objective medical information.” The Compassionate Allowance program was designed to allow applicants with serious medical conditions to receive their benefits more quickly. 52 new Compassionate Allowances conditions…
As a Metro New Orleans area disability attorney, I am often asked “Can I get Social Security Disability payments for Fibromyalgia?” The Social Security Administration (SSA) recently issued SSR 12-2p which concerns evaluation of disability applications for Fibromyalgia (FM). This SSR is important to FM patients in Louisiana because SSA finally acknowledges this severe and…
Social Security announced today the addition of 52 new Compassionate Allowances conditions, primarily involving neurological disorders, cancers and rare diseases. The Compassionate Allowances program fast-tracks disability decisions and is supposed to ensure that if you have one of the most serious disabilities that you will receive their benefit decisions within days instead of months…
Many Metairie social security disability claimants have asked, “How much do you charge to represent me in my disability case?” As a social security disability attorney in the New Orleans, Louisiana area, the amount of attorney fees I usually charge to claimants is set by law and cannot exceed 25% of your back benefits, up…
One of the most important concepts in evaluating disability claims is Residual Functional Capacity (RFC). The code of federal regulations describe residual functional capacity as follows: Your residual functional capacity is the most you can still do despite your limitations.” 20 CFR 404.1545; 20 CFR 416.945. What exactly does this mean? RFC is evaluation of…
The SSI Program is a general public assistance measure providing an additional resource to the aged, blind, and disabled to assure that their income does not fall below the poverty line. 20 C.F.R. § 416.110. Eligibility for SSI is based upon proof of indigence and disability. 42 U.S.C. §§ 1382(a), 1382c(a)(3)(A)-(C). SSI-benefits are authorized by…
Social Security has a listing for Mental Retardation – Listing 12.05 – which if met can qualify you for SSDI and/or SSI benefits. Some people may meet this listing while not necessarily fitting the societal definition of mental retardation. The listing provides 4 separate ways for a person to be listed as mentally retarded. If…
When you apply for SSDI benefits in Louisiana, or any other state, you should know the process that the Social Security Administration (“SSA”) will use to analyze your disability claim. Understanding this process can help you better prepare for and develop your own social security disability claim. SSA, with direction from the Social Security Act,…