Illinois Social Security Disability Attorney

Social Security Disability and Headaches

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Severe headaches and migraines are devastating.

They disrupt everyday activities and if severe enough may cause you to lose your job.

If you are seeking Social Security Disability you must prove you are not able to work full time.

Proving your case starts with seeing a specialists such as a neurologist.

The neurologist must diagnose your headaches and note the severity and frequency of the headaches.

You should also keep a daily log that describes your headaches. Show this log to your doctor and keep a copy for your disability records.

It will be helpful for your doctor to provide an opinion regarding how much work you will miss in a month and how long you will be unable to perform most activities while suffering from the headaches.

MRIs will usually be part of your diagnostic treatment. They are typically used to rule out serious problems such as a brain tumor. Therefore, a clean MRI does not rule out migraines.

A case for disability can be won on the basis of migraines, but the neurologist must be willing to help you document and develop your case.

Questions about headaches and migraines and your disability case? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

Make Sure to Coordinate Your Work Comp Settlement and Social Security Claim

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Social Security law requires that your disability payments be offset or reduced to take into account any Workers’ Compensation settlement.

This makes it very important for your Workers’ Compensation lawyer to be aware of your filing for Social Security Disability benefits.

The best situation is to use the same lawyer for both the work injury claim and the Social Security Disability claim, however if that is not possible then make sure that your Workers’ Comp lawyer talks with your Social Security attorney.

Your work comp lawyer must make sure to put special spread language approved through SSA to reduce any offset as much as allowed pursuant to SSA rules.

I have seen several Work Comp settlements that have not used this special language and the disabled workers suffers greatly as a result.

These injured workers have had their Social Security disability benefits cut off for several years.

The result is that it would have better for the injured worker to never have taken any money for the Work Comp settlement.

Make sure that you do not sign any work comp settlement contracts without having them reviewed carefully by and experienced Social Security Disability attorney.

Do you have a work comp injury and are you disabled? Feel free to contact me, Dirk May, an experienced Social Security Disability and Illinois Workers’ Compensation Attorney at 309-827-4371.

When Should You File for Social Security Disability?

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If you can no longer work, then you should file for Social Security Disability benefits right away.

There are several reasons for filing immediately.

First, the process takes a very long time.

It can take from six months to over two and one-half years to get a final decision. This includes multiple appeals and a hearing before the administrative law judge.

Second, you can lose benefits if you delay.

Social Security rules only allow you to go back 12 months from the application date to recover back benefits.

For instance, if you were found disabled 24 months before your application date then you lose 12 months of back benefits.

Third, you want to get your Medicare started.

Medicare is available 30 months after your disability onset date is determined.

If you cannot work there is no reason to delay.

File your Social Security Disability as soon as possible.

Need to help with the application process? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

SSI and SSDI Claims- What Social Security Looks For

Dirk May Illinois Social Security Disability Attorney, Illinois Social Security Disability Lawyer, Social Security, Social Security Disability, Supplemental Security Income ,

There are two different programs under which a disabled person may claim benefits.

They are Supplement Security Income “SSI” and Social Security Disability Income “SSDI”.

Both programs have the same medical requirement, however they have different financial requirements.

SSDI is called an insurance program because it is based on the taxes you pay when you work.

If you have not paid in enough quarters in five of the last ten years, then you are not eligible for SSDI benefits.

Some examples are homemakers who have not paid into the system, or someone unemployed for long periods, or an Illinois teacher who does not pay social security taxes.

SSI may be available to those who are not eligible for SSDI.

SSI is an income and asset based program. If you have no income or limited income and do not have assets worth more than $2,000 then you may be eligible (one vehicle and one residence are exempt).

The medical criteria for SSI and SSDI are that you must not be able to do substantial gainful activity if you are under 50 years of age.

Substantial gainful activity for the year 2017 is defined as $1170 per month.

This is a difficult burden to meet because it includes unskilled and sedentary jobs.

Once a person reaches the age of 50 years, the rules relax and allow a person to be able perform certain sedentary jobs and still be able to collect SSI or SSDI benefits.

Obtaining the appropriate medical treatment and describing your physical and mental limitations in the medical records is a vital part of your case.

Social Security makes two decisions when they decide your case.

The first is are you disabled, and the second is when did you become disabled?

Social Security will pay you back benefits for up to one year before the date of the SSDI application, and  will only pay back benefits from the date of the SSI application.

The procedure for filing a disability application is to file it online through the www.ssa.gov website.

It takes four to six months for SSA to review the application. If they deny your claim, then you will have to file a request for reconsideration. This takes four to six months for review. If it is denied, then you must file a request for hearing. It usually takes twelve to fourteen months for a hearing to be scheduled.

The appeal process must be followed or you have to start over, and it may cause you to lose benefits.

Questions about your disability claim? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.