Author Archives: Jay Butchko
Federal Magistrate Orders Third Disability Hearing for Florida Woman with Fibromyalgia
We have discussed the problems faced by individuals with fibromyalgia in obtaining disability benefits. The problem is so bad that even when a judge issues explicit instructions to Social Security with respect to assessing fibromyalgia, the agency still refuses to follow the law. Unfortunately, in many cases the only remedy for the victim is… Read More »
How Does Social Security Determine When You No Longer Qualify for Disability Benefits?
It is possible in a disability case for Social Security to find you that you were disabled for a certain period in the past but are now capable of working. As with all matters related to disability claims, however, Social Security must follow the available medical evidence. Agency officials cannot simply declare you are… Read More »
How the Need for Family Support Can Affect Your Disability Application
Although we often think of disability in terms of physical limitations, mental impairments can be just as debilitating. Many people who suffer from severe depression and anxiety are simply unable to function in a typical working environment. That does not mean they are completely incapable of performing basic tasks of daily living. But oftentimes,… Read More »
Understanding the Difference Between Social Security and VA Disability Benefits
When members of our armed forces get sick or injured during their service, they are eligible to receive disability compensation from the U.S. Department of Veterans Affairs (VA). In many cases, these same veterans can also apply for Social Security disability benefits. One question we often get is, “Will Social Security automatically award me… Read More »
Social Security Often Falls Short in Assessing Fibromyalgia Cases
Fibromyalgia is a disorder that causes its victim to suffer pain all throughout their body. Doctors do not know the cause of fibromyalgia. There is also no cure, although its symptoms can be managed through medication and other treatments. In many cases, fibromyalgia may prevent a person from working and therefore qualify them for… Read More »
How an Obscure Provision of the Constitution May Affect Your Disability Case
If Social Security denies your initial claim for disability benefits–which is sadly, a common occurrence–you have the right to ask for a hearing before an administrative law judge (ALJ). An ALJ is not a judge in the conventional sense, i.e., they are not part of the judiciary. Rather, ALJs are employees of the Social… Read More »
Panic Disorders and Social Security Disability Benefits
Individuals with mental disorders often face additional challenges when pursuing Social Security disability benefits. Social Security officials are often skeptical of the true impact such disorders have on a person’s ability to work. And even when confronted with sound medical evidence, the agency may still try and defend a decision to deny benefits. A… Read More »
Why Your “Activities of Daily Living” Matter When It Comes to Applying for Disability Benefits
Disability benefits are designed to help those people unable to work due to a physical or mental impairment. When assessing a disability application, however, Social Security will ask you about your “activities of daily living” (ADLs). This broadly refers to your ability to perform (or not perform) common non-work related tasks, such as preparing… Read More »
Skill Level and Social Security Disability Claims
During the process of reviewing an application for disability benefits, Social Security officials must determine not only what limitations there are on the applicant’s ability to work, but also what jobs, if any, the applicant can perform despite these limitations. In making this latter determination, Social Security will often rely on the testimony of… Read More »
Why the “Severity” of Your Disability Matters When It Comes to Social Security Benefits
One of the critical tests for assessing a disability claim is whether or not the applicant’s cited physical or mental impairments are “severe.” From a legal standpoint, a severe impairment is one that has lasted–or is expected to last–at least 12 months and “imposes more than a minimal limitation on the claimant’s ability to… Read More »
