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Waukesha County Social Security Disability LawyerThere are many different health conditions that can affect a person’s well-being and make it difficult or impossible for them to maintain steady employment. Respiratory disorders can be especially difficult to deal with, and a person who struggles to breathe or process oxygen may have limited energy, or they may be unable to maintain the pace required during a regular workday. Fortunately, those who suffer from these disorders may be able to receive Social Security disability benefits. Applicants for Social Security disability will need to understand the requirements they will need to meet to prove that they are disabled.

Social Security Listings for Chronic Respiratory Disorders

A person may qualify for disability benefits if their condition is included in Social Security’s Listing of Impairments. These listings include several different types of chronic respiratory disorders, including bronchitis, emphysema, and pulmonary fibrosis. A person who is applying for SSD benefits will need to provide medical evidence showing that they meet the qualifications for one of these listings.

Since these disorders affect a person’s ability to move air into or out of their lungs or interfere with the ability to exchange gas across cell membranes in the lungs, the determination of whether a person is disabled will usually depend on tests of a person’s pulmonary functions. These tests may include:

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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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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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