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St. Louis Legal Issues Blog

Is it worth it to appeal if my Social Security disability stops?

A Missourian who is getting Social Security disability benefits for injury and had the benefits stopped might be discouraged thinking that an appeal is a waste of time. However, the Social Security Administration has multiple levels of appeal and many people who meet the criteria for qualifying SSD benefits for injury have had their benefits stopped and then got them again on appeal. There are four different levels of appeal: reconsideration, a hearing before an administrative law judge, going to the appeals council, or filing with federal court. It is vital to understand certain basic factors about the process.

The SSA is not perfect and it does make mistakes in denying benefits or stopping benefits for people who have every right to receive them. Therefore, an applicant has the right to appeal. The person will have 60 days from the time the decision is made to seek an appeal. The countdown for days begins after the letter is received informing the person that the benefits are stopping. A person who misses the cutoff date to appeal can explain to the SSA why the request was late. If there is a good reason, the SSA will allow the appeal.

Taking the needed steps to win a Social Security disability claim

A Missouri resident who has suffered an injury and cannot work will have the right to seek Social Security disability benefits for injury. However, it should be remembered that many claims are denied. Frequently, this is not due to the injury not being sufficient to achieve qualifying SSD benefits for injury, but because there might have been missteps or mistakes made while going through the process of applying. That makes it wise to ensure that the case is properly prepared with help from an experienced attorney.

There are many crucial factors in a SSD case. This includes having all the medical information organized and following all the rules to get benefits. A legal professional who is experienced in helping clients get SSD benefits for their injuries will know what is necessary to have the best chance of a claim being approved the first time. Even if it is not, a lawyer can help with the appeals process from start to finish.

Woman regains disability benefits for illness after appeal

Missouri residents might be discouraged when they seek Social Security disability benefits and are either denied or have their case reviewed and lose their benefits. However, they should be aware that they have the right to appeal. While the idea of an appeal might be considered a waste of time, the reality is that in some cases, a person who appeals a denial of Social Security disability benefits will eventually be approved for benefits. The appeals process can be effective if the person's condition is deemed as meeting the criteria for qualifying SSD benefits for illness.

A Tennessee woman is an example of the value of appealing a denied claim. She had lost her benefits in September, but was recently informed that she is again considered disabled and will receive the benefits that were stopped. The woman had been approved for benefits in 2013. She was suffering from a variety of illnesses for her entire life, was told that she was too ill to work and her issues warranted benefits. In August 2017, a review determined that she could work, and her illnesses were not sufficient to continue getting disability. She filed an appeal and was told she was disabled.

The long-term impact of your car accident

A Missouri car accident can change your life in an instant. In one moment you can be driving along, and in the next, you could find yourself with life-altering or debilitating injuries. The injuries you may find yourself with after an accident may be serious, and dealing with the aftermath of a traumatic accident can be even more complex when you were hurt because of the reckless or negligent actions of another driver.

You do not have to deal with the aftermath of an accident alone, but you may seek a complete evaluation of your case and explanation of the legal rights available to you. It is possible to hold liable parties accountable for what you suffered, no matter the nature of your injuries.

Can I get SSD if I need bone marrow or stem cells for cancer?

Those in Missouri who are diagnosed with cancer will have much to consider. They might wonder how they are going to make ends meet if their treatment leaves them unable to work. This is when they should consider seeking Social Security disability benefits for illness. One issue that frequently arises if an applicant has cancer is whether part of the treatment will include a bone marrow transplant or stem cells being used.

The transplantation must be done before the Social Security Administration will evaluate it for SSD benefits to see if it meets the evidentiary requirements under the Listing of Impairments. There is no rule stating that the determination will begin when the disability started to the date of transplantation or the date of the initial treatment. The SSA can establish the date of disability as earlier if there is evidence to do so.

Divorce can come about for a variety of reasons

When a Missouri couple marries, the obvious goal is for the union to work for the long term and that they will remain together. In some cases, however, divorce is often inevitable. The U.S. Centers for Disease Control and Prevention states that 22 percent of couples will have marital issues within the initial five years. This is referred to as "marital disruption" and references the couple separating, divorcing or one of the spouses dying. When a couple has been married for 20 years, that rises to 53 percent. There are several reasons why this is often the case.

Some marriages come undone because of unfaithfulness. One of the most frequently referenced reasons for a divorce is if one of the spouses is unfaithful. In today's world, infidelity can fall short of a physical relationship and cause a dispute. With the various ways people can communicate through social media, it can lead to intimate chatting and later escalate to the physical. Financial factors are a known and longstanding reason for divorce issues. Emotional stress can result from overindulgence, job loss and other financial matters.

How does leaving the U.S. affect my SSD benefits?

It is not unusual for a Missourian who is getting Social Security disability benefits to leave the country. For many, their disability does not preclude them from traveling. In some instances, the person is not a citizen of the United States and leaves the country for a certain amount of time, but plans to return. All these matters can affect a person's SSD benefits. Also important is a person's citizenship status. This should be considered if the person is leaving the U.S.

A citizen of the U.S. who is getting SSD benefits can travel or reside in certain foreign countries without losing their benefits. However, there are countries where the SSD payments cannot be sent. They are: Azerbaijan, Belarus, Cuba, Cambodia, Georgia, Kazakhstan, Kyrgyzstan, Moldova, North Korea, Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam. People who are venturing outside the U.S. and going to the countries that are on the above list must remember how it affects their SSD benefits. It is essential for the person to let the Social Security Administration know if there is a plan to leave the country for a minimum of 30 days. The SSA must also be told where the person is going and when he or she is coming back to the U.S. There are certain instructions that must be followed to get the benefits while out of the country.

The importance of Social Security Disability Insurance

Unexpected injuries can occur to Missourians at any time. For many, this can cause personal and financial problems over the long term. This is true regardless of how the injuries came about. Social Security disability is a useful protection for people in the event they are injured and find themselves suddenly unable to work and earn an income. Thinking about this eventuality and being prepared is essential no matter a person's age or health status.

For those who suffer an injury, they might have health insurance to cover or partially cover their treatment. However, if they cannot work any longer, a frequent question that arises is what they should do next. Disability insurance is a vital protective device for this possibility. An employer might provide a worker with disability insurance, but it is optional. Some employees choose not to take part. An estimated 40 percent of employees enroll in disability insurance that is provided by around 213,000 employers. This is compared to 70 percent of people having life insurance. People might not think a severe injury can happen to them while they reluctantly acknowledge that death is inevitable.

Can I pursue disability benefits if I have an eating disorder?

Missourians who are suffering from mental illness are often doing so in silence, unaware of how to treat the issue or that they even have it. One mental issue that is prevalent is an eating disorder. Some might perceive this to be a physical problem or not even an illness at all, but the reality is that an eating disorder is classified in the mental illness category by the Social Security Administration when it considers whether a person can receive Social Security disability benefits for mental conditions. Those who are dealing with an eating disorder should be aware that they can seek disability benefits.

An eating disorder is characterized by issues with eating behavior and the person being preoccupied with and excessively evaluating his or her shape or body weight. These individuals might restrict caloric intake when it is compared with what is required for a person of their size. They might take part in binge eating, force themselves to throw up, misuse medication for weight loss or maintenance, have disturbances in mood, be withdrawn socially, have dental issues, show abnormalities in lab tests and have cardiac problems. Examples of known eating disorders people suffer from can be bulimia, anorexia, binge-eating, and avoiding or restricting food intake.

Does chronic pain leave you eligible for disability benefits?

You may be aware of the fact that you could be eligible for disability benefits if you are unable to work due to a medical condition or a serious injury. Sometimes, a disabling condition is the result of an accident or the diagnosis of a serious illness. For you, however, your condition may develop over time as the result of a previous injury.

Complex regional pain syndrome is a chronic pain condition that results from damage from a previous injury. You may have to live with a certain amount of pain due to a past injury, but eventually, this pain could affect your ability to work. Missouri residents who struggle with CRPS may have a valid claim to disability benefits though the Social Security Administration because they are unable to hold gainful employment.

Alan E. DeWoskin, P.C.
225 South Meramec Avenue, Suite 426
St. Louis, MO 63105

Toll Free: 800-652-5775
Phone: 314-925-0242
Fax: 314-727-5297
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