Tag Archive for: ssd

How Severe Does Your Arthritis Need to Be to Qualify for SSD in Pensacola?

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Social Security Disability is a federal program designed to provide financial assistance to individuals who are unable to work due to a qualifying disability. Arthritis, if severe enough, can be considered a disabling condition, making you eligible for SSD benefits. Consult with an experienced Pensacola disability lawyer to learn more about the process and take the necessary steps to get your application accepted and approved.

Types of Arthritis That Qualify for Disability in Florida 

The following types of arthritis are usually considered for disability:

  • Rheumatoid Arthritis
  • Osteoarthritis
  • Ankylosing Spondylitis
  • Psoriatic Arthritis
  • Systemic Lupus Erythematosus (SLE)
  • Gout
  • Juvenile Idiopathic Arthritis

Note that meeting a specific diagnosis alone may not guarantee eligibility for SSD. The severity of the arthritis and its impact on your ability to work are vital factors in the SSA’s evaluation. Comprehensive medical documentation, including records of treatments, symptoms, and their effects on daily activities, is essential when applying for disability benefits due to arthritis.

Meeting Medical Criteria for Arthritis and Social Security Disability Benefits

The Social Security Administration (SSA) evaluates the impact of arthritis on an individual’s ability to perform essential physical tasks required for employment. These tasks include sitting, standing, walking, kneeling, and utilizing fine motor skills.

Based on the limitations in these activities, you may be classified as capable of heavy, medium, light, or sedentary work. Even those close to retirement age may qualify for Social Security Disability benefits if they lack the qualifications for sedentary work as outlined in the Blue Book.

The best arthritis hospitals in Pensacola include the Baptist Hospital, Sacred Heart Hospital, and West Florida Hospital. To qualify for benefits, individuals with arthritis should exhibit symptoms such as swelling, pain, and restricted joint movement.

Blue Book’s criteria under Inflammatory Arthritis entail experiencing:

  • Persistent inflammation or deformity of weight-bearing joints
  • Inflammation or deformity involving multiple body systems or organs
  • Ankylosing spondylitis
  • Repeated manifestations of inflammatory arthritis

Qualifying for SSD with Arthritis in Pensacola

To qualify for SSD benefits due to arthritis, the severity of the condition needs to meet the criteria outlined by the Social Security Administration (SSA). These are a few key factors to consider:

  • Medical Evidence: The SSA requires comprehensive medical evidence documenting the severity of your arthritis. This includes medical records, imaging studies, and reports from treating physicians.
  • Inability to Work: Arthritis should render you unable to engage in substantial gainful activity (SGA). This means that your arthritis symptoms prevent you from performing work that earns a certain income threshold. In 2024, you will be considered gainfully employed if your monthly earnings are at least $1,550 per month.
  • Duration of Disability: Your arthritis must be expected to last for at least 12 continuous months or result in death. This duration requirement ensures that only long-term and severe cases qualify for SSD benefits.
  • Listed Impairments: The SSA maintains a listing of impairments, known as the Blue Book, which includes criteria for various disabling conditions, including arthritis. Meeting the specific criteria outlined in the Blue Book can strengthen your SSD claim.
  • Residual Functional Capacity (RFC): The SSA will assess your residual functional capacity, which is your ability to perform work-related activities despite your arthritis. A lower RFC may increase your chances of qualifying for SSD.

Types of Benefits You Can Qualify for Arthritis

Social Security Disability Insurance (SSDI) Benefits

  • Disability Benefits: The primary benefit is financial assistance for individuals who are unable to work due to a qualifying disability.
  • Dependent Benefits: Certain family members, such as spouses and dependent children, may be eligible for dependent benefits based on your SSDI eligibility.
  • Medicare: After a waiting period of 24 months from the onset of your disability, SSDI recipients become eligible for Medicare, providing health insurance coverage.
  • Return to Work Incentives: SSDI includes various work incentives and support programs to encourage individuals to return to work or engage in vocational rehabilitation.

Supplemental Security Income (SSI) Benefits

  • Income Assistance: SSI provides financial assistance to individuals with limited income and resources. It’s a needs-based program.
  • Disability Benefits: SSI includes disability benefits for those who meet the eligibility criteria.
  • Medicaid: SSI recipients are typically eligible for Medicaid, which provides health coverage for low-income individuals.

Additional Considerations

  • Vocational Rehabilitation Services: Both SSDI and SSI recipients may be eligible for vocational rehabilitation services to help them return to work or adjust to new employment opportunities.
  • Cost-of-Living Adjustments (COLA): Both SSDI and SSI benefits may be subject to annual cost-of-living adjustments to account for inflation.

Working with a Pensacola SSD Attorney Can Maximize Your Chances 

A disability attorney is familiar with the complex SSD application process. They can guide you through the requirements, deadlines, and necessary documentation. They can also provide insights into the strength of your claim. An important aspect of a successful SSD claim is presenting compelling evidence of your disability. Your lawyer can help gather medical records, reports, and other documentation to strengthen your case.

Attorneys specializing in disability law are knowledgeable about the specific rules and regulations governing benefits, including qualifying factors. Their experience can be invaluable in ensuring your application is thorough and complies with the requirements. If your initial application is denied, a disability attorney can represent you during the appeals process. They can prepare a strong case for reconsideration or present your case before an Administrative Law Judge.

Protect Your Right to Disability Benefits with Our Seasoned SSD Attorneys

The dedicated Pensacola disability attorneys at Baker & Baker PLLC can ensure your rights are upheld and your claim is positioned for success. With a collective experience of decades in disability law, our lawyers have successfully represented numerous clients in obtaining the benefits they deserve. We take pride in our proven track record and commitment to client success. To schedule your free consultation, call us at 850-433-0888 or fill out this online contact form.

Should I Be Nervous About My Social Security Disability Hearing?

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Your SSDI hearing can be an anxiety-inducing experience. There’s a lot of pressure to say the right things—all while you’re in one of the most intimidating settings possible. You have already invested significant time into applying for SSDI benefits, so there is a lot at stake. Your disability hearing will determine whether or not you get the benefits you need to support your family each month. If nerves are setting in, know that you’re not alone. Everyone who has gone through this process has experienced this, and with the right legal support, you can easily navigate your hearing.

Looking for the right disability attorney to help you apply for benefits? Let’s talk. Call Quin Baker, Social Security Disability Attorney at 850-433-0888 now.

 

What to Expect in Your Social Security Disability Hearing

Your attorney will walk you through what to expect in an SSDI hearing. Knowing what to expect can significantly limit your anxiety about the entire process and even give you a chance to practice. In general, SSDI hearings aren’t held in a standard courtroom—so if you envisioned a large, stately courtroom, you can rest easy knowing that your hearing will likely occur in a conference room or other less formal setting.

Your case will be heard by an Administrative Law Judge. Your attorney will be there with you, and others may also be in the room. Potential attendees include medical experts, vocational experts, and other professionals with insight into your case.

During the hearing, the judge will ask you a variety of questions about your case. They may question you about your employment history, the extent of your disability, and your limitations. If some of the questions confuse you or throw you for a loop, you can ask for a moment to think—there’s no rush. You want to be concise yet thorough in your answers.

 

Common Concerns for Applicants

Applicants report a wide range of concerns and worries as they prepare for their SSDI hearing. Common concerns include:

 

  • Denial:

    Many applicants are obviously concerned about having their application denied. You’ve put months or even years into this process, and the thought of leaving with nothing is very disappointing. However, it’s helpful to remember that the judge isn’t looking for reasons to deny you. They aren’t starting off prejudiced against you—they are starting from a neutral point and looking for the truth.

  • Trick questions:

    Everyone’s heard about “trick questions” posed in SSDI hearings. Try not to lose too much sleep over these. When you work with an SSDI attorney in Pensacola, they’ll prepare you for the questions the judge is likely to ask and ensure that you feel confident heading into your hearing.

  • Judgment from others:

    It’s common to worry about being judged by others, especially if your disability isn’t immediately visible or obvious. Know that the judge and everyone else in the room has seen a wide range of disabilities and limitations. They aren’t there to make you feel bad or assume the worst about you.

  • Medical evidence:

    Talking about your medical evidence and documentation can be challenging, particularly if you have limited knowledge of healthcare and the medical field in general. Use your time with your attorney to prepare for these questions.

  • Not knowing what to say under pressure:

    Many people freeze under pressure and say too much or too little. The judge knows that a hearing is a stressful environment and they don’t expect you to answer everything perfectly.

 

How to Prepare for Your Disability Hearing

A big part of your attorney’s job is helping you get ready for your disability hearing. During preparation, you’ll learn how to discuss your medical records, what to focus on during your hearing, and how to answer a variety of questions. You may get to do a mock trial where you answer questions and get a feel for the entire process. Your lawyer will help you know how to dress for your hearing, what evidence or information to bring, and how to make a good first impression.

 

Get Ready for Your SSDI Hearing with Quin Baker, SSD Lawyer

The earlier you begin working with our team, the more assistance we can provide throughout this entire process. Let’s talk about your next steps now. Contact us online or call us at 850-433-0888 to get started.

Medical Records Needed When Applying for SSD Benefits

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Navigating the maze of SSD benefits is stressful, time-consuming, and often fruitless. Your medical records are a key part of tapping into the benefits you are entitled to, but if you don’t know which medical records you need, you could be left submitting random documents until you find the right combination. That’s one of the reasons to reach out to the team at Quin Baker, SSD Lawyer. We know what it takes to get your SSD benefits in Pensacola, and we’ll help you with your application or appeal. Call us at 850-433-0888 to set up a consultation now.

The Importance of Medical Records

Medical records play a pivotal role in getting an SSD application approved. When the SSA looks at an SSD application, they begin with the assumption that the applicant is not disabled. Through your medical records, your job is to prove that you are disabled and that your disability is significant enough to keep you from working.

Adjudicators lean heavily on your documentation to get a full and accurate picture of your disability. Thorough medical records should prove your disability, the extent of the disability, and the myriad ways the disability affects your life. If your records are incomplete, from a specialist that has nothing to do with your disability, out-of-date, or otherwise unreliable, your application may be denied.

Essential Medical Documents

Medical records vary quite a bit, so the specific documents you’ll need will depend on the type of disability you have and what type of treatments you’ve gone through. However, you’ll likely want to go over everything you’ve ever undergone for your disability. This will include diagnostic tests, including those that were used to rule out other diagnoses. You should also submit documentation of lab results used to prove your diagnosis or rule out other health issues.

Your treatment plans and results will play a big role in your SSD decision, as the SSD is unlikely to approve a claim for someone who has not tried all of the approved treatment methods for their disability. For that reason, you should provide documentation of treatments you have tried and that have failed. If your health has worsened gradually since your disability, don’t forget to provide proof of that in your documentation. In addition to all of this documentation, you can provide notes directly from your care providers.

Supporting Documentation

Supporting documentation is not enough to prove your disability on its own. However, it can build on what you have already proven in your medical records. You may want to supply work-related documentation showing how your disability has affected your career. An official job description can be useful, especially if it includes elements of your job that you can no longer do as a result of your disability. You may also want to send in employment records showing how many days you have missed, how many days you had to leave early, and times that you were unable to perform a required element of your job.

Completeness and Accuracy

Perhaps the most important thing to remember as you build your SSD case is that you want to be both complete and accurate in your documentation. The adjudicator assigned to your file knows nothing of your disability, your work history, or your struggles. This is your chance to show exactly what your life is like and what your disability means for your career. Leaving out important information or accidentally including inaccurate information could significantly weaken your application.

This is one reason we recommend working with a disability attorney in Pensacola. SSD attorneys have been through this process enough times to know what the adjudicator is looking for and what can strengthen your application. This takes a lot of guesswork out of the entire application process.

Choose Quin Baker, SSD Lawyer for Help with Your Claim

Having an experienced and compassionate SSD attorney on your side can make this entire process as stress-free as possible. We’re committed to helping applicants like you get the disability benefits they are entitled to. Find out how we can help you now—call us at 850-433-0888 now or send us a message online.

Getting Social Security Disability for Bone Fractures

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If you’ve suffered a severe bone break as the result of an accident, work injury, or another incident, you may be expecting an easy recovery. What happens if you don’t recover quickly and instead find yourself unable to work months or years after the accident? If you are injured severely enough to be unable to work, you may qualify for Social Security disability benefits. To learn more about what it takes to get approved, and to discuss your case with our team, call Baker & Baker at 850-433-0888 now.

Types of Bone Fractures

There are numerous types of bone fractures, and the type of break you experience may determine your prognosis and whether or not you are able to return to work. While there are a wide range of different fracture types, most can be categorized into either displaced or non-displaced and open or closed.

A displaced bone is one that has broken completely through, which means that the bone pieces may not be able to be placed correctly for a complete recovery. Non-displaced fractures involve bones that have only partially broken, so the bone pieces remain in alignment.

An open fracture is one where the broken bone pierces through the skin, significantly increasing the risk of infection and complicating the healing process. Closed fractures involve bones that do not break through the skin.

Complications That Could Cause Permanent Damage

A broken bone could lead to serious complications that impact your ability to work permanently or long-term. If surgery to set a break goes poorly, a patient could experience unexpected damage to the affected bone, nearby organs, or joints. Surgery also carries the risk of hypovolemic shock, which occurs when a patient experiences severe blood loss as a result of a burst blood vessel. The path to recovery can be long and difficult.

There’s also the possibility of the bone not setting properly. If the bone fuses but heals improperly, this could permanently impact an individual’s ability to use the affected body part. Other long-term concerns include bone death, muscle atrophy, and bone infection.

When You Qualify for SSD Benefits

In order to receive SSDI benefits, you must first qualify via your work history and your disability. Most applicants need 40 work credits in order to begin receiving benefits. You can check your credit status via your “my Social Security” account.

You may qualify if your broken bone or any injuries resulting from it are severe enough to keep you out of the workforce for at least one year. However, note that the Social Security Administration has extremely high standards in this area. You can’t simply say that your injuries keep you from working, provide an overview of your medical records, and expect to be approved. Most applicants are denied when they first apply, and they must either appeal the initial decision or reapply.

Two Ways to Qualify

There are two ways you can qualify for disability benefits. First, you can meet the listing requirements of the SSA Listing of Impairments. There are two listings: a non-healing or complex fracture of the femur, tibia, pelvis, or one or more of the talocrural bones; and a non-healing or complex fracture of an upper extremity.

These both require proof of a nonunion fracture that is not clinically solid. If you have a lower body bone fracture, you’ll also need a documented medical need for a mobility device, such as a walker, bilateral crutches, or wheelchair. If you have an upper extremity fracture, you must have medical documentation of an inability to engage in work-related activities that require gross and fine motor movements.

If you do not meet the requirements under the appropriate diagnosis, you can also get your RFC (residual functional capacity) assessed. This looks at your impairments and at your ability to engage in various types of work tasks.

Reach Out to Baker & Baker Now

The team at Baker & Baker is here to help you fight for the benefits you deserve. If a disability has put an end to your career, it’s time to find out if SSD benefits are right for you. Set up a consultation now by calling us at 850-433-0888 or sending us a message online

SSD for Bipolar Disorder

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Bipolar disorder, marked by extreme highs and lows in mood, can be very difficult to live with. Maintaining a job while navigating manic episodes and depressive spells is challenging, particularly when therapy and medication are unsuccessful at managing bipolar symptoms.

Since bipolar disorder can profoundly impact every area of your life, many wonder if it qualifies for SSD benefits. There are a lot of factors to consider, and it’s important to talk about the unique aspects of your case with a disability attorney.

At Baker & Baker, we focus on helping SSDI and SSI applicants get the benefits they deserve. Ready to talk about your SSDI application and how we can help? Call us at 850-433-0888 to set up a consultation now.

Bipolar Disorder in the Blue Book

For some, SSDI benefits approval will come from the Blue Book. Although its proper name is the Listing of Impairments, it is far more widely known as the Blue Book. Under heading 12.04 in the Blue Book, you’ll find the qualifications for depressive, bipolar, and related disorders.

Those who wish to qualify for benefits because of bipolar disorder must have at least three of the following:

  • Pressured speech
  • Rapid flow of ideas
  • Exaggerated self-esteem
  • Limited need for sleep
  • Easily distracted
  • Engaging in activities that are likely to cause harm to oneself, without recognizing the risk
  • Enhanced goal-directed activity or physical agitation

In addition to these three, the applicant must have marked limitation of two of the following or extreme limitation of one of the following:

  • Understanding, remembering, or applying information
  • Interacting with other people
  • Concentrating, persisting in a task or continuing at an appropriate pace
  • Managing oneself

If someone is relatively stable, they may still qualify for disability payments if they are stable due to intensive ongoing treatment and a general inability to adjust to changes in their routine or daily life. This indicates that the individual does have a severe enough disability that introducing the demands of work into their life would cause a significant backslide.

Qualifying via RFC

Those who are unable to meet the qualifications of the Blue Book listing may still qualify by undergoing an RFC assessment. Your residual functional capacity assessment looks at your ability to carry out work tasks, both in your field and in other fields. It’s meant to assess your physical and mental limitations so that the SSA can determine if you are able to work in your previous field or another field. If your limitations are such that there’s no real way for you to work, you may then be approved for SSDI benefits.

Documenting Bipolar Disorder

As you work on your application for SSDI benefits, the majority of your time should be spent on documentation of your disability. Remember that you are approaching your application from a different viewpoint than the SSA is. You have an inner view of your struggles and limitations, and you know how deeply your diagnosis impacts your life. The SSA does not have that background knowledge, so it’s up to you to demonstrate it to them.

You’ll want to include all of the medical documentation you have available to you, including assessments from psychiatrists and therapists, reports from other care providers if you’ve ever been injured during a manic episode, and proof of time spent away from work due to your bipolar disorder. If you have ever been hospitalized or involuntarily admitted to a mental health facility during a depressive spell, that’s also useful information to include.

If you have had bipolar disorder for a long time, you have likely spent a lot of time figuring out what does and does not work for you. Documentation of different therapies, including those that were ineffective, can be excellent evidence for the SSA.

Reach Out to Baker & Baker Today

Working with an attorney as you apply for SSDI benefits can help you submit the strongest application you possibly can. Let us guide you through this process. Whether you are just starting your application or you are getting ready to go through the appeal process, we’re ready to advocate for you. Call Baker & Baker at 850-433-0888 or get in touch with us online to set up a consultation.

Considerations When Applying for Social Security Disability for PTSD

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People with PTSD may qualify for Social Security disability benefits, but they are often discouraged from doing so because of the reputation the SSA has. It’s widely known that most SSDI applications get denied the first time around, and there’s a widely held belief that it’s nearly impossible to get benefits for a mental health issue.

While getting SSDI for PTSD does require some work, documentation, and time, it is far from impossible—especially with a strong legal team by your side. Call Baker & Baker at 850-433-0888 to schedule a consultation now.

How PTSD Can Negatively Impact Your Work

Post-traumatic stress disorder can have a negative effect on every area of your life, so it’s no surprise that it can be detrimental to your work as well. It generally follows a very traumatic event, such as abuse, time spent in military combat, sexual assault, or a violent attack. While it generally sets in within three months after an incident, it may take longer.

The mental effects of PTSD are enough to influence your work in a negative way. Symptoms include extreme feelings of guilt and hopelessness, difficulty concentrating, poor memory, difficulty sleeping, and severe anxiety. These symptoms put a tremendous burden on your mind, making it difficult to focus on work or otherwise be productive.

When you consider the ways that PTSD manifests physically, it’s even more clear how your work may be affected. People with PTSD may experience flashbacks that cause them to freeze or hide, demonstrate unexpected anger or irritability, cry unexpectedly, or behave inappropriately in certain situations.

PTSD in the SSA Blue Book

In the SSA Listing of Impairments, also known as the Blue Book, there is a listing that covers PTSD. Listing 12.15 is for trauma- and stressor-related disorders. There are several requirements you must meet to get SSDI benefits under this listing.

You must have been exposed to a threatened death, the death of someone else, a serious injury, or violence. It must be followed by involuntary instances of reliving the moment, avoidance of stimuli that make you think of the event, mood and behavior disturbances, and changes in arousal and reactivity.

On top of that, you have to prove severe or extreme limitations in several different areas. You can qualify with an extreme limitation in one of the following areas or two marked limitations:

  • Adapting or managing yourself
  • Interacting with others
  • Task concentration
  • Learning, understanding, and utilizing new information

What if you have taken steps to protect yourself from triggering stimuli by staying in a protected and safe environment? You may qualify if your PTSD has persisted for at least two years, you are undergoing mental health therapy or other treatment, and your adaptation to your diagnosis is fragile.

Still don’t meet these qualifications? As is the case with any disability that doesn’t neatly tick the boxes of the Blue Book, you can undergo a medical-vocational allowance assessment to see if you can receive benefits.

Documenting Your PTSD for Your SSDI Application

Documentation is king when it comes to an SSDI application. The SSA approaches each case with the expectation of having the applicant’s disability fully and completely proven through multiple types of documentation.

You’ll want paperwork showing any outpatient or inpatient treatment you’ve received for your PTSD diagnosis, proof of your initial diagnosis, treatment plans that you have tried, and evidence of the ways in which your diagnosis has affected you.

It may help to talk to your doctor or mental healthcare provider about your SSDI application, as they may be able to provide documentation that is useful for your application. Specifically, the SSA may look for evidence that you have difficulty with any of the areas listed in the Blue Book. If you have been written up at work for inappropriate behavior or speech, been sent home because of flashbacks or other incidents, or otherwise lost out on pay because of diagnosis, that will likely be very useful.

Find Out How We Can Help with Your Disability Claim

Hiring a Social Security disability attorney is one of the best things you can do as you begin applying for benefits. Our extensive knowledge of the application process and what the SSA looks for can help you feel confident that you are submitting the strongest application possible. Call us at 850-433-0888 or fill out our contact form

What You Do in Your Spare Time Matters When Trying to Get Social Security Disability

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When you begin your SSDI application, you’re thinking about your work—how many work credits you have, how your disability has affected your work and the loss of your income. But that’s not all the SSA looks at when they process your SSDI application. They’ll look at how you spend every part of your day, not just the hours you work.

Looking for more personalized help with your SSDI application? The team at Baker & Baker is here for you. Whether you’re starting your application, fighting a denial, or preparing for a case review, turn to our team. Call us at 850-433-0888 to schedule a consultation now.

Your Leisure Activities Give Insight into Your Abilities

It’s important for the SSA to have an understanding of your physical and mental abilities, but that doesn’t just come from looking at your work and the limitations you experience there. It also involves looking at how you spend your time outside of work.

For example, if you say that you cannot do your work in the warehouse anymore because you cannot lift heavy weights after an injury, that may seem reasonable. However, if the SSA then finds out that you spend 10 hours a week at the gym working on strength training, that will make your initial claim seem suspicious. Additionally, your leisure activities may help the SSA find other potential career paths you could pursue.

It Doesn’t Just Include Activities You Do for Fun

Of course, this part of their investigation does include your leisure activities. It also looks at your errands and household tasks. If you claim to be completely unable to fulfill your work duties but take care of every aspect of your household, the SSA may wonder if your limitations are as severe are you claim.

Someone who takes care of their children, household cleaning, and all daily errands is still likely able to do some type of work. Essentially, the SSA wants to see that your limitations outside of work line up with your limitations at work.

The SSA Investigates Everything

As you work through your application, throw out any thoughts you have of hiding your leisure activities or household duties. The SSA is thorough in its investigation, and anything you hide will come to light. On top of that, your attempt to hide information from them will definitely be a red flag.

Inconsistencies Will Trigger Further Investigations

Throughout their investigation, the SSA will be comparing your non-work activities to your work duties. They will look at how your non-work activities line up with the limitations you have at work. If everything matches up, there won’t be any issues. They will see that you face identical limitations in and out of work, which is what they would expect to see with a legitimate disability. If you appear to have wildly different capabilities in and out of work, that may be an issue for them.

Honesty Matters

The more they have to dig into your personal affairs, the longer it will take to get a decision on your application. That’s why it is so important to be honest in your application. Some believe that overstating their disability will lead to faster approval when the opposite is actually true. Others are embarrassed to disclose the true severity of their disability, which leads to a confusing and mismatched set of limitations.

For example, consider someone who is unable to work and has also relied on outside help in their household for months. They are embarrassed to say just how much help they get, so on their SSDI application, they write that they do their own laundry, grocery shopping, and pet care. This can actually hurt their application and lead to unnecessary delays. While it may be uncomfortable to disclose everything on your application, doing so is the best option for your claim.

Get Help with Your Disability Claim at Baker & Baker

Applying for disability benefits can be overwhelming and confusing. The team at Baker & Baker can answer your questions and help you make your application as strong as possible. Schedule a consultation with our team now by calling us at 850-433-0888 or contacting us online.

Does Traumatic Brain Injury Qualify for Social Security Disability?

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Whether it’s caused by a car crash, fall, or another type of accident, a traumatic brain injury could impact you for the rest of your life. Outcomes vary widely, due to the brain’s plasticity and overall unpredictability. What happens if a traumatic brain injury affects your ability to work and leaves you unable to provide for your family? It’s time to look into Social Security disability benefits.

If you’re feeling overwhelmed by the application process, you’re not alone. The team at Baker & Baker knows how important your benefits are to you, and we’re ready to guide you through the process. Call us at 850-433-0888 to schedule a consultation today.

Your TBI Classification
Much depends on how severe your TBI is. A mild traumatic brain injury is unlikely to qualify you for SSDI benefits, as it causes minimal symptoms and generally heals with time and rest. You cannot receive SSDI benefits for an injury that isn’t expected last more than a year or result in your death.

However, if you have a moderate or severe TBI, you may very well be eligible for disability payments. Moderate injuries can affect your mobility, speech, language, emotional regulation, and other bodily functions. Severe injuries generally affect multiple body functions, often lasting multiple years or the rest of your life.

How a Comprehensive Diagnosis Can Help

The Social Security Administration is extremely thorough in its vetting of SSDI applications, so be prepared with plenty of medical evidence and documentation. This includes extensive information regarding your diagnosis and prognosis. Neuroimaging techniques can capture the extent of the damage caused by your injury and provide in-depth information regarding skills and functions that are likely to be affected.

However, imaging is unlikely to be enough to prove your diagnosis and the extent of your injury. You may also need to meet with a psychiatrist who can test your limitations and properly document how your brain injury has affected your cognitive abilities.

Getting Social Security Benefits for Physical or Mental Challenges

The Social Security Administration does include traumatic brain injuries in its Listing of Impairments, also known as the Blue Book. To qualify this way, you must meet one of these two requirements:

  • Be unable to control movement in at least two of your extremities for three consecutive months after the injury, resulting in extreme difficulty in balancing while standing, walking, standing from a seated position, or using your arms
  • Have significant physical problems and at least one marked limitation in finishing tasks, thinking, regulating emotions, controlling behavior, or interacting with others

A marked limitation is one that has a serious impact on your ability to function in life.

What If I Don’t Meet the Qualifications of the SSA Blue Book?

As you read the Blue Book listing, you may worry that you don’t meet their strict qualifications. This does not mean that you cannot get disability benefits for your traumatic brain injury. It just means you may have to use another route to seek benefits.

In addition to the Blue Book, the Social Security Administration can measure your capabilities via your residual functional capacity. This looks at what you are capable of doing in regards to work tasks and if there are other jobs that could be appropriate for you. If you cannot do your current job and the SSA cannot identify other career paths that may be appropriate for you, the SSA may award you benefits as a medical-vocational allowance.

Whether you pursue benefits via the Blue Book listing or by testing your residual functional capacity, be prepared to show extensive documentation of your TBI. Medical records are crucial, and so are doctors’ notes and treatment recommendations. Remember, the SSA will look for any way to keep you working before providing benefits, so you will want to demonstrate that you have exhausted every possible option.

Start Your Disability Application with Baker & Baker

Ready to pursue SSDI benefits for your TBI or another injury? Choose the team at Baker & Baker for help with your SSDI application. To set up a time to talk to our team and get started, give us a call at 850-433-0888 or contact us online.

Ways to Improve Your Social Security Disability Application

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Applying for Social Security disability benefits can be a grueling process, especially if you already know that the majority of applications are denied the first time around. This may make it seem like getting SSDI is all about luck—getting the right person at the SSA to view your file or catching them on a good day. However, luck really doesn’t play much of a role in disability applications. In fact, there’s a lot you can do to strengthen your claim.

Personalized assistance with your SSDI application can make a big difference. Get the help you need by calling Baker & Baker at 850-433-0888.

Double-Check Your Qualifications

Before you send in your application and hang your hopes on SSDI benefits, make sure you check that you qualify for SSDI. This means verifying that you have enough work credits and that your disability allows you to receive monthly payments. The amount of work credits you need and how recent they must be is dependent on your age. If you have an account on the SSA website, you can check your eligibility directly. The “Eligibility and Earnings” tab tells you how many work credits you have.

You can use the Social Security “Blue Book” to review the requirements for your diagnosis. While you can still qualify for payments without a diagnosis from the Blue Book, doing so can require more time and effort. Verifying that you have the necessary diagnostic tests and documentation listed under your diagnosis may speed up the process.

Provide More Medical Evidence

When you look at your application, how much medical evidence do you have? You probably think you have enough or even too much. However, this is rarely the case. The Social Security Administration is extremely diligent when it comes to SSDI, and they need concrete proof that you are unable to work before they approve payments. If there is any unclear or missing information in your medical file, they won’t ask you to correct it. They’ll simply make their decision based on what you have provided, which generally means a denial letter is on the way.

Get Records from Multiple Medical Providers

One way you can strengthen your medical file is to seek out the services and input of specialized medical providers. If your diagnosis came from your primary care physician, that may not be enough for the SSA. They will likely want input from a specialist with extensive experience with your diagnosis. It’s even more beneficial if the doctor you choose has experience with SSDI applicants. They’ll know which types of tests are useful and what type of information the SSA looks for when making their decisions.

Trust a Disability Attorney with Your Application

One of the simplest ways to improve your SSDI application is to discuss it with a disability attorney in Florida. The SSA frequently changes its rules and guidelines, which makes it difficult for applicants to know exactly what they want to see in an application. If you choose to work with a disability attorney, you can feel confident that they are up to date on the latest news and changes from the SSA.

Work with an attorney who exclusively focuses on disability cases. While many attorneys do disability cases on top of their other areas of practice, you really want to work with someone who dedicates their entire workload to this field.

Your disability lawyer can help you find weak spots in your application, suggest medical evidence you may need, and ensure that you send the strongest application possible to the SSA. If your application is denied, they can help you clean up your application and get it ready for the appeals process.

Find Out How Baker & Baker Can Help with Your Disability Claim

If you’re frustrated at the disability application process and all the hoops you have to jump through, you don’t have to go through this alone. With the team at Baker & Baker, you can get the support you need as you pursue SSDI benefits. Whether you’re still applying, or you’ve gotten a denial letter, we’re ready to help you. Give us a call at 850-433-0888 or contact us online to get started.

Work Credits and Qualifying for Social Security Disability Benefits

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The Social Security Administration (SSA) is responsible for the approval and administration of Social Security disability insurance (SSDI) benefits. However, not everyone will be eligible for SSDI benefits. In fact, in order to be approved for SSDI benefits, you will need to meet very specific requirements, including having the required number of work credits.

Understanding the qualifying criteria and how work credits work can be difficult. But with an experienced SSDI lawyer at Baker & Baker by your side, you can get the help and answers you have been looking for. Schedule your no-risk case review when you call our office at (850) 433-0888.

What are Work Credits and How Are They Earned?

SSDI benefits are known as “insured” because you have paid into the system since you started working. Every year that you earn wages and pay Social Security taxes, you are earning work credits. In order to be eligible for SSDI benefits once you become disabled and unable to work, you will need to have earned a certain number of work credits.

Every person has the potential to earn up to four work credits annually. The number of work credits you will earn depends on national wage trends. For example, as of 2021, you can earn one work credit for every $1,470 in income. As the national wage trends increase, so will the amount that you will need to earn in order to earn one work credit.

How Many Work Credits Do You Need for SSDI Approval?

In order to be approved for Social Security disability benefits, you will need to have earned the minimum number of work credits based on your age. For most people, this means that you will need to have earned a minimum of twenty work credits over the last ten years before you become unable to work. But there are some exceptions to this rule.

If you become disabled before you have earned twenty work credits, you may be able to qualify for SSDI benefits with the number of credits you have. The maximum number of work credits that can be required for a person to be eligible for SSDI benefits is forty. Once you have reached age sixty-two or older, you will have maxed out the number of work credits required to be eligible for retirement benefits.

It should be noted that the number of work credits you have only affects your ability to be approved for SSDI benefits. The amount of benefits that you will receive is not dependent on the number of work credits you have, but is instead based on your average earned income over your lifetime.

What Happens If You Do Not Have Enough Work Credits?

In the event that you do not have enough work credits to be awarded SSDI benefits, you will not qualify for these benefits. This means your claim for SSDI benefits will likely be denied by the SSA. With that being said, not having enough work credits does not mean that there is no help for you.

You may be eligible for Supplemental Security Income (SSI) benefits if you do not have enough work credits for SSDI. There are no work requirements in order to qualify for SSI. Instead, you need only prove that you are disabled and experiencing continued financial hardship.

Other SSDI Requirements

Simply having enough work credit is not going to be enough to get your SSDI application approved. It is not uncommon for SSDI applications to be denied on multiple occasions before eventually being approved. Usually, this is because there is some question over whether the person applying for SSDI benefits is considered disabled.

The SSA keeps a list of qualifying disabilities. If you have one of these disabilities, your SSDI claim should be approved as long as you meet the necessary work requirements. However, if you have a disability that is not on this list of qualifying conditions, you may experience significant trouble in getting your claim approved. Your Pensacola Social Security disability lawyer can help you throughout the appeals process, so you can access the SSDI benefits that are rightfully yours.

Contact a Social Security Disability Lawyer in Pensacola for Help Today

When you suffer from a disability that prevents you from being able to work, you may be entitled to Social Security disability insurance benefits. If you have concerns regarding your eligibility status, reach out to a dedicated Pensacola Social Security disability lawyer at Baker & Baker for help. Schedule your no-obligation consultation when you complete our online contact form. Or give our office a call at (850) 433-0888 to get started on your case as soon as today.