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Wisconsin disability lawyerIf you are planning to apply for Social Security disability benefits, or if you are currently receiving benefits, it is important that you follow the course of treatment that has been prescribed by your doctor or other medical professionals. Failure to do so can result in a number of consequences, including the denial of a disability claim or the loss of your benefits.  If you have encountered any issues related to treatment for your condition, it is important to understand how Social Security will address these situations.

When Will Social Security Consider Whether Prescribed Treatment Has Been Followed?

Treatment plans for a disabled person are typically put together by a combination of their doctor, physical therapist, and other medical professionals. The goal of the treatment plan is to help them improve their condition to the point where they can either return to work or stabilize their condition. There are a variety of different types of treatments that a person may be required to undergo. These can include (but are not limited to): 

  • Prescription medications
  • Physical therapy
  • Psychological counseling
  • Surgery 

Generally, Social Security will only look at whether a person has failed to follow prescribed treatment if all of the following conditions exist:

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Milwaukee SSDI benefits lawyerOver the last several years, it has become well-known - if not medically well-understood - that many people who were infected with COVID continue to have disruptive symptoms long after the initial infection has cleared. This has generally been referred to as “long COVID,” with people who experience this phenomenon “COVID long-haulers.” The symptoms associated with long COVID can interfere substantially with a person’s life and ability to work. Significant and persistent tiredness or fatigue is an oft-cited concern of individuals with lasting COVID symptoms.

Some individuals - predominantly women - have even had a COVID infection contribute to the development of a little-understood medical condition known as Postural Orthostatic Tachycardia Syndrome (POTS). In some cases, long COVID can rise to the level of a disability for the purposes of Social Security Disability benefits. If you are unable to work due to the lasting effects of COVID, an attorney may be able to help you get the disability benefits you need. 

The Substantial Limitation Requirement and Long COVID

A disability is a physical or mental health condition that substantially limits at least one of a person’s major life activities. People with long COVID may or may not experience symptoms that limit their daily activities. Long COVID symptoms and effects that may rise to the level of a disability include: 

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Milwaukee disability attorneyThere are numerous different types of illnesses, injuries, and other medical or psychological issues that may affect a person's ability to work. In situations where a person is unable to maintain gainful employment, disability benefits may be available through Social Security. However, applying for Social Security disability benefits can be a lengthy and complicated process. In order to increase the chances of being approved for benefits, it is important for an applicant to be able to effectively demonstrate that they are disabled. With the help of an attorney who is experienced in Social Security disability cases, an applicant can provide the correct information and show that they need assistance.

What Should Be Included in a Social Security Disability Application?

Social Security disability benefits will only be available to those who are considered to be totally disabled. There are multiple complex requirements that must be met to demonstrate disability, but generally, a person will need to show that their condition is severe enough that it has prevented them from doing work they had done in the past or from finding other jobs that would allow them to earn sufficient income to address their ongoing needs. 

To demonstrate disability, a person will need to include the following information on their application for Social Security benefits:

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Milwaukee Social Security Disability lawyerThere are many types of impairments that can affect a person’s ability to maintain gainful employment. A person who has experienced an injury that makes it difficult or impossible to perform work-related activities may qualify for disability benefits through Social Security, including Social Security Disability Insurance (SSDI). Carpal tunnel syndrome is one issue that can affect people in multiple industries, including those who regularly type on computers or people such as auto mechanics who use their hands to complete work-related tasks. Those who have experienced these types of repetitive stress injuries can take the correct steps to apply for Social Security disability benefits by working with an attorney who is experienced in these types of cases.

Is Carpal Tunnel Syndrome Considered a Disability?

To qualify for SSDI benefits, an applicant must meet a number of requirements, including showing that their health conditions have lasted or are expected to last for at least one year. A person must be unemployed or working at a level below substantial gainful activity. An applicant will also need to provide medical evidence showing that their condition is severe enough to be considered a disability.

A person will usually qualify for disability if their condition is defined in Social Security’s Listing of Impairments. However, carpal tunnel syndrome is not included in this listing. To prove that they are disabled, a person will either need to show that their condition is equivalent to a condition in the listing, or they must demonstrate that carpal tunnel syndrome has made it impossible for them to do work they had done in the past or find other jobs.

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Milwaukee social security disability lawyersSocial Security disability benefits are designed to provide financial assistance for those who cannot earn an income through substantial work due to a medical condition that has lasted or is expected to last at least a year or result in that person’s death. Typically, if an application for Social Security disability benefits is approved, the benefits will begin after a five-month waiting period after the first month the person was considered disabled. This is designed to ensure the condition is a lasting disability and is serious enough to warrant benefits. However, the Social Security Administration, with input from the public and the medical community, has identified diseases and medical conditions that due to their serious nature or their lengthy or permanent disability status, will clearly meet the standards for disability. This is known as the compassionate allowance program.

Qualifying for a Compassionate Allowance

By identifying a set of diseases and medical conditions that meet disability benefits, the Social Security administration can reduce the review time of a typical case and get the benefits to individuals with the most serious conditions and disabilities much more quickly. They do not have to wait as long for a disability determination and can start receiving their benefits the month after they qualify, instead of after the normal five-month waiting period. The same rules are used by the SSA to evaluate compassionate allowance when they evaluate applications for both the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) programs.

The most common types of medical conditions or diseases that qualify for compassionate allowance include:

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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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