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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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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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