When Can I Apply for Social Security Disability Benefits?

Many people believe that you cannot apply for Social Security disability benefits until you are out of work for a year. Not true! Even if you have just stopped working, if you have a condition that is expected to last for at least a year or cause your death, you should apply right away.

Social Security uses a 5 step sequential evaluation process to determine if you are disabled. As a starting point in their first 2 steps, you must have a "severe" mental or physical impairment that has lasted or is expected to last for a continuous period of 12 months or results in death and impacts your ability to do work related activities. This means that disability benefits a condition like a broken bone will usually not be approved unless there are major complications, because you would be expected to heal in less than a year. However, if you have a condition that is not expected to approve that impacts your ability to work, you can be approved for benefits even if you have just stopped working.

Remember that the date you apply can affect the amount of benefits you receive. The disability process can be a long one, so you should apply as soon as possible.

Copyright (c) 2010 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Disability Attorney John Tucker to Speak At American Association for Justice National Convention

Disability lawyer John Tucker of Tucker & Ludin will be a featured lecturer at the National Convention of the American Association for Justice in July 2010. Mr. Tucker will present a lecture on the interrelation between Social Security Disability benefits and Long Term Disability benefits at the Convention, which will be held in Vancouver, British Columbia, Canada.

Mr. Tucker is a frequent author and lecturer at the national and local level in the areas of disability benefits, disability law, and proving disability claims.

Copyright (c) 2010 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Smoking and Social Security Disability Benefits

At a Social Security disability hearing, your claim will be decided by an Administrative Law Judge ("ALJ"). If you are applying for disability benefits, you should be aware that there are ALJs who are biased against smokers and will use it as a reason to deny claims.

Pain and smoking
Studies have shown that smokers tend to be less responsive to chronic pain treatments. Particularly in cases of spinal surgical procedures, smoking also can interfere with healing. Everydayhealth.com states that smoking makes chronic pain worse, increases pain sensitivity and perception, and interferes with pain medication. Because of the research, there are some ALJs who believe that a claimant would not be disabled and would not have as much pain if they simply stopped smoking and will deny benefits because of it. Some ALJs also deny benefits for conditions like emphysema or other lung diseases if the claimant smokes because they believe the claimant's condition would improve by stopping smoking.


Credibility:
The ALJ may also question your believability if you say you cannot afford to see a doctor or pay for pain medication, yet you smoke. Appeals courts have agreed with ALJ's who have found that a claimant was not believable in saying that they could not afford treatment but were able to buy and smoke cigarettes.

If you are applying for Social Security Disability or SSI benefits, consider quitting to avoid the problem of ALJ bias against smokers. For additional help with your disability claim, contact a disability attorney.

Copyright (c) 2010 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

How Can My Doctor Help My Disability Claim?

It is important for your doctor to realize that in Social Security disability and disability insurance claims, it is not enough to simply state that you are "unable to work." Your doctor can do the following to help your claim:

• Keep thorough, easy-to-read records
• Document all of your complaints
• List all of your side effects from treatment and medication, such as drowsiness, difficulty concentrating, inability to engage in complex tasks that require attention, headaches, nausea, etc.
• In addition to listing your conditions, your doctor should note your restrictions and limitations. This can include, for example, an opinion about how long you can sit, stand, and walk, how much weight you can lift, if you can use your hands and fingers, how long you can concentrate, and how many times you would be expected to be absent from work in a month. Your doctor can even fill out the form found here.
• List any non-exertional impairments. Non-exertional impairments are any limitations and restrictions that are not part of the strength demands of a job (sitting, standing, walking, lifting, carrying, pushing, and pulling). They include such as problems with hearing, vision, dizziness, fatigue, headaches, concentration, incontinence, frequent urination, anxiety, depression, sleep disorders, cognitive disorders, or need to take frequent breaks.
  

By keeping excellent records of all of your conditions, symptoms, and limitations, your doctor will place him or herself in a position to offer an accurate and credible assessment of your disability for the Social Security Administration and disability insurance company.

Copyright (c) 2010 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.