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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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Social Security disability benefits are often associated with individuals whose physical condition limits them from earning a substantial income. However, people who suffer from mental health conditions often find it challenging to keep a job or perform their tasks successfully. Fortunately, if you suffer from a mental condition that impacts your employment, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Qualifications for Benefits

Due to the impact on their cognitive processing, memory, ability to communicate, and ability to regulate their moods, people who suffer from mental health conditions may not be able to earn enough to adequately support themselves and their families. 

If your condition meets the following criteria, we can proceed with an application for benefits.

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Wauwatosa Social Security Disability LawyerSerious illnesses and other health conditions can have a huge impact on a person’s life. They may not only cause a great deal of pain, discomfort, and difficulty during daily activities, but they can also limit a person’s ability to work. These issues may cause a person or family to struggle financially as they determine how to pay medical bills while also covering their ongoing living expenses. In cases where a person’s condition is severe enough to be considered a total disability, they may be able to receive Social Security disability benefits. This form of public aid can be a lifeline for a family in a seemingly impossible situation. However, the process of applying for SSD benefits can be complicated, and a person will need to understand the steps they can take to avoid the denial of their disability claim.

Important Steps to Follow During the SSD Application Process

To qualify for Social Security disability, a person must be experiencing a serious medical condition that has affected their ability to earn income that is considered “substantial gainful activity” (SGA). A condition must have affected a person for at least 12 months, or a medical prognosis must show that it will be expected to last for at least one year. To demonstrate that a person meets the necessary qualifications, they will want to do the following when applying for SSD benefits:

  • Provide medical information - To determine whether a physical or mental condition is considered a disability, Social Security will review multiple types of information about their diagnosis and treatment. An applicant will need to provide contact information for all doctors and medical facilities that have provided treatment, as well as medical records, test results, or other relevant information. This will ensure that Social Security will have enough information to determine whether a person’s condition meets the criteria to be considered a disability or whether the effects of a condition have limited their ability to maintain gainful employment.

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Wauwatosa Social Security Disability LawyerThere are many different reasons why a person may become disabled, and if they suffer from health issues that prevent them from working, they may qualify for disability benefits through Social Security. Cancer is one of the most serious health conditions that can affect a person, and in can impact nearly every part of their life. In addition to experiencing debilitating symptoms from cancer itself, the forms of treatment that may be used, such as surgery or chemotherapy, may affect a person’s ability to work and complete daily activities. Those who have been diagnosed with cancer will want to understand the requirements they will need to meet to show that they are disabled and ensure that they will be able to receive Social Security disability benefits.

Types of Cancer in Social Security’s Listing of Impairments

To be considered a disability, a person’s condition must be severe enough to limit their ability to maintain gainful employment, and it must have lasted or be expected to last for at least 12 months. When determining whether a person is disabled, one of the key steps in the process will involve the Listing of Impairments, which details the types of conditions that Social Security will consider being disabilities. If a person meets the qualifying criteria described in the Listing for their condition, they will qualify for disability benefits. However, even if a person’s specific condition is not included in the Listing of Impairments, they may still be able to demonstrate that they are disabled by showing that their condition has prevented them from performing work they had done in the past or finding other types of employment that fit their physical limitations.

The Listing of Impairments includes criteria for multiple forms of cancer, including:

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Oak Creek Social Security Disability LawyerIf you suffer from a disability, you may struggle to earn enough income to support yourself. Fortunately, you may be eligible to receive Social Security disability benefits. However, even when you receive these types of benefits, you may still want to work when possible so that you can earn additional income and continue to be active. If you choose to pursue employment while you are on disability, you will want to be sure to understand how the income you earn will affect the benefits you receive.

Social Security’s Rules for Returning to Work

While Social Security will provide benefits for those who experience total disabilities that make it impossible to fully support themselves, it encourages the recipients of these benefits to return to work when possible. There are certain incentives that recipients of Social Security Disability Insurance (SSDI) can take advantage of, and they may be able to ease their way back into the workforce while still ensuring that they will be able to receive disability benefits when needed.

You will generally be able to continue receiving Social Security disability benefits as long as the income you earn is below a certain limit. This limit is known as substantial gainful activity (SGA), and in 2022, it is set at $1,350 per month. If you plan to begin working, and you expect to earn more than the SGA limit, you can continue receiving disability benefits as you transition back to work. Social Security allows for a “trial work period” that will allow you to test your ability to work for nine months. Any month in which you earn more than $970 will count toward your trial work period, and you can continue receiving disability benefits until you have completed nine trial work months within a five-year period. If you have expenses related to your disability, such as costs for transportation, a wheelchair or other assistive devices, or accommodations in your workplace, these expenses may be deducted from your income when determining whether your earnings are sufficient to qualify as a trial work month.

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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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