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Waukesha County SSD Application AttorneyThere are many different health-related issues that may have an impact on a person’s ability to maintain employment. Those who have experienced serious medical conditions that have lasted for at least one year may be able to receive Social Security disability benefits. However, to qualify for benefits, a person will need to provide extensive evidence showing that their condition has caused them to be unable to perform work they had done in the past or any other forms of work that may fit their limitations. One issue that often plays a role in determining eligibility for disability is a person’s ability to maintain “concentration, persistence, and pace” while working. By understanding how Social Security addresses this issue and the types of limitations that may apply in these cases, an applicant can ensure that they are providing the necessary evidence to prove that they qualify for disability benefits.

Understanding Concentration, Persistence, and Pace

Multiple types of physical or mental conditions can affect a person’s ability to concentrate on their tasks and continue working at a regular pace throughout the day. These issues may affect a person’s ability to maintain employment, and they are a factor that should be considered when determining eligibility for disability benefits.

Typically, a person will need to show that they have a “marked” limitation on their ability to maintain concentration, persistence, and pace, meaning that they suffer from significant and serious effects that restrict their ability to perform work-related tasks appropriately and effectively. A person may be considered disabled if they struggle with issues such as:

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WI disability lawyerIf you have a physical or mental condition that has prevented you from being able to work and earn enough income to support yourself, you may qualify for disability benefits through Social Security. However, even if your condition has clearly affected you to the point where you have been unable to maintain gainful employment for over a year, Social Security may choose to deny your application for disability benefits. In these cases, you can appeal a denied claim, and you will need to understand the specific steps that will be followed during this process. By working with an attorney who is experienced in Social Security disability cases, you can make sure you are providing the right information and making the correct arguments to demonstrate that you are disabled and require Social Security benefits to meet your needs.

Steps in a Social Security Disability Appeal

The Social Security Administration will make an initial determination following your application for benefits, and you can appeal any of the findings in this determination, including whether you are eligible for benefits or the amount of benefits you should receive. The appeals process will proceed through the following steps:

  • Request for reconsideration - A written request to reconsider the denial of an application or any other findings in an initial determination must be filed within 60 days after you receive written notice of the determination. Your claim will be reviewed by a person who was not involved in making the initial determination, and you may be able to work directly with this person to address the issues that were raised. If necessary, new evidence can be submitted related to medical evaluations or non-medical issues.
  • Administrative hearing - If you do not agree with the determination made following reconsideration, you must request a hearing with an administrative law judge (ALJ) within 60 days after receiving notice of the reconsideration determination. At your hearing, the ALJ will consider evidence provided by you and the Social Security Administration, as well as testimony from witnesses such as medical or vocational experts. The ALJ will issue a decision determining whether you are considered disabled and eligible for Social Security benefits.
  • Review by Appeals Council - If you disagree with the decisions made by an ALJ, you must request a review within 60 days after you were notified of the hearing decision. If the Appeals Council grants the request for review, it will usually look at whether the ALJ made any errors when considering your case, although it may consider new evidence in some circumstances. The Appeals Council may decide whether to grant or deny benefits, or it may remand the case for a new hearing to address any issues that were not handled properly in your initial hearing.
  • Civil action in federal court - If the Appeals Council denied your request for review or issued an unfavorable decision, you must file an appeal in federal court within 60 days after receiving notice of the Appeals Council’s decision. During an appeal, a federal judge will review your case to determine whether the ALJ made any errors, and they may award benefits to you, dismiss your case, or order that a new administrative hearing be held.

Contact Our Milwaukee County Social Security Disability Appeals Lawyer

If your Social Security disability claim has been denied, Attorney Jonathan Pearson can make sure you complete all the necessary steps to appeal this decision. He will fight to make sure you will be able to receive the benefits you need and deserve. Contact our Milwaukee Social Security disability attorney by calling 414-240-4801 to arrange a free consultation today.

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WI disability lawyerSerious health issues can limit your ability to perform daily tasks, and when certain types of medical conditions affect your ability to work, you may be able to receive disability benefits through Social Security. Crohn’s disease is a condition that can drastically affect a person’s overall health and well-being. If you suffer from this disease, and you are concerned about whether you will have the financial resources to provide for your family’s needs, you will need to work with an attorney to determine whether you qualify for Social Security disability benefits.

Social Security Disability for Inflammatory Bowel Disorders

Crohn’s disease is a chronic condition with no known cure, and it can affect any part of the digestive system. It most often affects the small or large intestines, and a person may experience a gradual worsening of symptoms over time, or they may have a sudden onset of pain and discomfort. Symptoms may come in cycles, and a person may be affected temporarily and then experience periods of remission, or the effects of the disease may be persistent and ongoing.

During an “attack” of Crohn’s disease, a person will often experience fevers, abdominal cramps, fatigue, diarrhea, and bloody stool. A loss of appetite over long periods may lead to significant weight loss, and a person may also suffer from ulcers, kidney stones, inflammation of the joints or skin, or anemia. In serious cases, Crohn’s disease may lead to a fistula or a fissure in the anus.

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WI disability lawyerLife is difficult enough without having any illnesses or disabilities to deal with. Life can be even more difficult when you are blind or you have serious vision problems. Being able to see is a gift that many people do not realize how much they rely on until it is gone. Working or earning income can be extremely difficult for those who are blind. Thankfully, the Social Security Administration (SSA) provides special benefits to people that meet the definition of blindness by the SSA’s standards. Those who are blind may qualify for both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) if they meet certain requirements.

Who Does the SSA Consider to Be Blind?

Before you can claim benefits for a blindness disability, the SSA must determine that you are, in fact, blind. Under the SSA’s definition of blindness, a person’s vision must be 20/200 or worse in their better eye, even with vision correction. A person may also be considered blind if their field of vision is 20 degrees or less. Any type of blindness must also have lasted or be expected to last at least 12 months, though that time requirement does not apply for Supplemental Security Income (SSI).

Can Someone Who is Blind Work While Receiving Benefits?

Many people wonder if they can still work while they are receiving benefits for a disability. When it comes to those who are blind, you can still continue to claim benefits as long as their monthly income is less than the limit set by the SSA. Those who are blind can earn more each month than other disabled individuals while still remaining eligible for benefits. Rather than the limit of $1,310 that other disabled individuals are subject to, those who are blind can earn up to $2,190 in 2021 and still qualify for both SSDI and SSI.

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WI disability lawyerSocial Security Disability Insurance (SSDI) is one of the largest federal programs in place to help people who have disabilities. To receive benefits, the Social Security Administration (SSA) must make a determination that you are actually disabled. To do this, representatives from the Administration will gather information about you and your case, examine all of the medical information about your disability and make a decision. Unfortunately, the determination that often comes back for many people who are applying for benefits for the first time is a denial. Though it is frustrating, there are many reasons why the SSA will deny your application. Some of the most common reasons for denials include:

  • There was not enough medical evidence. Perhaps the most common reason applications are denied is because of a lack of medical evidence to back up the claim of disability. When you apply for benefits, you will have to include supporting medical documentation showing that you have a history of this disability and that it has been confirmed by a physician.
  • Your disability will not last long enough. Another reason why you might be denied is that the SSA believes that your disability may last less than a year. In general, SSDI benefits only apply to disabilities that are severe enough to last at least 12 months or end in death.
  • You earn too much. Even though there is no technical income limit for SSDI, you generally will not be considered disabled if you are working and you average more than $1,310 each month in 2021.

A Waukesha County Social Security Disability Attorney Can Help

If you have recently been denied benefits by the SSA, you should get in touch with the knowledgeable team at Pearson Disability Law, LLC. Our team can answer all of the dozens of questions you likely have, as well as go over a course of action to get you the benefits you need. To schedule a free consultation with one of our Milwaukee Social Security disability lawyers, call our office today at 414-240-4801. No fees unless we win.

 

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Milwaukee social security benefits attorneyA physical or mental disability can greatly affect a person’s ability to provide for their own needs. If you have been seriously injured or suffer from an illness or other condition that affects your ability to work, disability benefits provided through Social Security can help you address your ongoing living expenses. However, when applying for Social Security disability benefits, you will need to meet a variety of requirements to show that you are in fact disabled. One issue that may arise during the application process or when appealing the denial of disability benefits is whether your condition is included in the Listing of Impairments. Understanding how this listing is used can be crucial to ensuring that you can receive the benefits you deserve.

Conditions Listed in the Social Security “Blue Book”

To be considered disabled and receive Social Security disability benefits, you must have a medical condition that has lasted or is expected to last for at least 12 months. This condition must have severely affected your ability to work and made it impossible for you to perform substantial gainful activity (SGA).

In Wisconsin, the Disability Determination Bureau (DDB) reviews Social Security disability applications to determine whether a person’s condition qualifies as a disability. The DDB uses a multi-step process when reviewing cases, and one of the most important steps involves determining whether a condition falls into a category that automatically qualifies a person as disabled. These categories are included in the Social Security Administration’s Listing of Impairments, which is commonly known as the “Blue Book.”

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WI disability attorneyIf you have suffered an injury, an illness, or another physical or mental condition that has caused you to be unable to work, you may rely on public benefits to meet your needs. Social Security disability benefits, which may include Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), can provide much-needed income that will allow you to cover your daily living expenses. However, your application for these types of benefits may be denied. If you appeal this decision, your case will be reviewed by an Administrative Law Judge (ALJ), who will follow a five-step “sequential evaluation” process to determine whether you are disabled and whether you should receive benefits.

Understanding the Five-Step Sequential Evaluation Process

To be considered disabled, a person must have been unable to participate in substantial gainful activity (SGA) for at least 12 months, or the condition that prevents them from engaging in SGA must be expected to last at least 12 months or result in death. When evaluating a claim, an ALJ will look at the five following factors, in order:

  1. Is the person currently working above SGA level? If you are currently working and earning an income that is at least the amount that the Social Security Administration considers to be substantial gainful activity, you will not be considered to be disabled. In 2021, the SGA level is a gross income of $1,310 per month, or $2,190 for those who are blind.
  2. Is the person’s physical and/or mental condition severe? The ALJ may review medical records and the testimony of medical experts to determine whether your physical or mental disabilities would interfere with basic work-related activities. A physical condition is considered severe if it prohibits you from performing activities such as sitting, standing, walking, lifting, and carrying, while a mental condition is considered severe if it affects your ability to understand and carry out instructions, make work-related decisions, or respond appropriately to coworkers, supervisors, or customers.
  3. Does the person’s condition meet or equal a condition on the Listing of Impairments? The Social Security Administration uses a listing of different conditions that are severe enough to make a person disabled without considering factors such as your education and work experience. If your condition is included in this listing or is equivalent to a condition on the list, you will be considered disabled. However, if your condition is not on the listing, the following two steps will be used to evaluate whether your condition has made you disabled.
  4. Can the person perform any Past Relevant Work? The ALJ will look at your residual functional capacity (RFC) to determine whether you are capable of performing work on a full-time basis and whether you are subject to any limitations or restrictions. Your RFC will be compared with the substantial gainful activity you have done in the past. If you no longer have the capacity to perform past relevant work, you will be considered disabled.
  5. Can the person perform other types of work? In the final step, the ALJ will consider your RFC along with your age, work experience, and education to determine whether you can adjust to other types of jobs. The ALJ will usually hear testimony from a vocational expert to determine whether there are jobs available in the national economy where you would be able to work within your limitations and restrictions. You will only be considered disabled if you would be unable to adjust to other types of work.

For steps one through four, you will be required to provide evidence that you are disabled. For step five, the Social Security Administration will have the burden of proof to show that positions exist where you should be able to participate in substantial gainful activity.

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Oak Creek Social Security disability attorney

If you or a loved one have suffered physical or mental impairments that have affected your ability to work, you may rely on public benefits to meet your needs. Social Security disability benefits can provide you with much-needed financial assistance, and depending on your age, your work history, and other factors, you may qualify for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Unfortunately, the majority of Social Security disability applications are denied. You can appeal the denial of a disability claim, but when doing so, you should be sure to understand the types of evidence that may play a role in your case, including opinions from your doctor or other medical experts.

How Are Opinions from Different Medical Sources Evaluated?

During a Social Security disability case, multiple different forms of medical evidence may be considered. In addition to reports made by one or more doctors or medical professionals that you see regularly, you may also be examined by other medical experts. Physicians, psychologists, optometrists, podiatrists, speech-language pathologists, audiologists, advanced practice registered nurses, and physician assistants may be considered acceptable medical sources that may provide opinions about your condition. The Administrative Law Judge (ALJ) who hears your case will need to weigh the evidence provided by different sources to determine whether you meet the qualifications for disability.

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Testimonials

Testimonials

  • Thank you so much Jonathan. I was so tired of waiting almost 2 years for my disability hearing and you told me always stay positive and to not give up. You met with me before my hearing and told me what to expect and when you told me the judge approved my case I was so relieved! The Social Security disability payments I get allow me to keep seeing my doctors and really help us out. Thank you!

    - Shirley

  • Jonathan thank you for helping me win my Social Security disability case. You are so easy to talk to and don’t make me feel stupid each time I call with my questions.

    - Rene

  • Jonathan is very knowledgeable and pleasant,He is very considerate for his client and return my all phone calls promptly.I was very happy for his services. I highly recommend him to any body who needs attorney help.

    - S.P., Wheeling, IL

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