Should I apply for SSA Early Retirement or Disability?

If you are unable to work because of your health, you may be wondering if you should apply for Social Security Early Retirement, Social Security Disability Benefits or wait until your full retirement age (or beyond) to draw benefits.

Knowing your options and their financial repercussions when planning your retirement can help you make the best choice.  

The Bishop Law Firm has represented Social Security Disability clients in North Carolina since 2013. Attorney Kimberly Bishop, of The Bishop Law Firm, is a NC Board Certified Social Security Disability Lawyer in Raleigh, NC who has practiced disability law since 2009. In addition, Chasity Everett, EDPNA, also represents disability clients for the firm and has worked with disabled clients since 2002.

We offer free case reviews and no fee unless you win. You can call us for your free case review or start online now. 

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What are Social Security Early Retirement Benefits?

You can receive retirement benefits before your full retirement age (which is currently 67 years old in 2024).

Social Security Early Retirement Benefits are available to workers when they reach 62 years old.

You may elect to receive your retirement benefits at age 62 (To calculate your full retirement age look here) but your benefits will be reduced. This reduction can be up to 30% of your retirement benefits and a 35% reduction for a spouse.

It should be noted that this 30 - 35% reduction is permanent unless an early retiree is found eligible for Social Security Disability benefits (read more below). 

If you elect to draw early retirement, you will also have to wait until you are 65 years old to receive Medicare.

Also, if you draw early retirement you will need to keep your yearly earnings below $22,320 (2024) (as long as you are under full retirement age).  If you make more than $22,230 a year, your benefits will be reduced by $1 for every $2 you earn over the limit. 

To use SSA's example: 

You are receiving Social Security retirement benefits every month in 2024 and you:

Are under full retirement age all year. You are entitled to $800 a month in benefits. ($9,600 for the year)

You work and earn $32,320 ($10,000 more than the $22,320 limit) during the year.

  • Your Social Security benefits would be reduced by $5,000 ($1 for every $2 you earned more than the limit). You would receive $4,600 of your $9,600 in benefits for the year. ($9,600 - $5,000 = $4,600)

How do I qualify for Social Security Early Retirement?

  1. Meet SSA's fully insured status requirements (in general, to meet this status you must have worked at least 10 years in your life)
  2. Be 62 years old - less than your full retirement age
  3. Apply with the Social Security Administration
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What are Social Security Disability Benefits?

Social Security Disability Benefits are available to workers who are no longer able to work because of their health. There is no age requirement, but you will have to be found disabled by the Social Security Administration in order to receive benefits.

The amount of money that you will receive will be equivalent to the amount of money that you would receive if you wait until full retirement age (no reduction). Also, you will be entitled to Medicare after two years of being found eligible for disability benefits. 

SSA generally offers two types of benefits for the disabled: 1) Social Security Disability Insurance Benefits (SSDI) and 2) Supplemental Security Income (SSI). 

For the purposes of this post, we will focus on SSDI: 

Social Security Disability Insurance (SSDI)

SSDI (Social Security Disability Insurance) is based on the credits from the work you have done in your life. You must be found disabled before your disability date last insured (DLI) to be found eligible for SSDI. Your DLI is calculated by counting your “quarters of coverage” from your earnings record. You must have 20 “quarters of coverage” of the last 40 quarters. Simply put, you must have worked 5 years of the last ten years (in general). In addition, Adult Disabled Children can be eligible for benefits off their parent’s account.

How do I qualify for Social Security Disability?

  1. Meet SSA's disability insured status requirements (in general, to meet this status you must have worked 5 of the last 10 years)
  2. Apply with the Social Security Administration
  3. Be found disabled by the Social Security Administration*

*Read more at North Carolina Social Security Disability Attorney

If you are approved for Social Security Disability benefits, you will need to keep your earnings below the amount mandated by Social Security, which is called Substantial Gainful Activity (SGA). In 2024, SGA is $1,550 per month (please note that this is GROSS, not net). 

We advise clients that coming close to SGA can also trigger a closer look from SSA. 

You will need to keep your earnings under SGA until you reach full retirement age in order to not run the risk of losing your disability benefits. 

SSA does have a few programs that allow unsuccessful work attempts and trial work periods, but always make sure that you are grossing below SGA to protect your benefits. 

What are Social Security Full Retirement Benefits?

Full retirement benefits are what most people recognize as Social Security. After working for most of your life, you decide to retire at full retirement age (which as discussed above is currently 67). 

But, not everyone retires at 67. Some people continue to work full time for many more years. If you are able to continue working (congratulations to you!) past your full retirement age, you can receive delayed retirement credits from SSA. 

Even if you delay drawing full retirement, you can still begin to receive Medicare at age 65. 

You will receive your full retirement amount from SSA (no reductions) and may even receive more if you were able to attain delayed retirement credits. 

Per SSA: " Starting with the month you reach full retirement age, there is no limit on how much you can earn and still receive your benefits (Via SSA)."

How do I qualify for Social Security Full Retirement Benefits?

  1. Be full retirement age or older
  2. Be fully insured (as discussed above under Early Retirement benefits section)
  3. Apply with the Social Security Administration
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Frequently asked questions:

  1. Does Social Security Disability pay more than Social Security Retirement? No, Social Security Disability is the same amount that a claimant would receive if they waited to full retirement age to retire (Via SSA).
  2. Can I collect early retirement while waiting for disability? Yes. Many people apply for early retirement and disability at the same time. They receive the "early" retirement reduced benefits until the disability benefits are approved. Read more here.
  3. At what age does Social Security Disability turn into Social Security Retirement? Social Security Disability turns into Social Security Retirement at your full retirement age.
  4. Can I receive Social Security Disability and Social Security Early Retirement at the same time? No. The law does not allow a person to receive both retirement and disability benefits on one earnings record at the same time.
  5. Can I receive Social Security Full Retirement and Social Security Disability at the same time? No. The law does not allow a person to receive both retirement and disability benefits on one earnings record at the same time.

Which option is right for me?

We often speak to clients who have stopped working and started drawing early retirement benefits at 62 years old because of their health. This results in a reduced benefit amount over the rest of their life and they still have to wait until they are 65 years old to draw Medicare. 

This results in less money and no health insurance for 3 years. 

If you are unable to work because of your health, applying for Social Security Disability may be the better option for you. You will receive more money and will have access to health insurance sooner but you will have to be found disabled by the Social Security Administration before your date last insured in order to make this happen.

Even if you have already filed for early retirement, you can go back to SSA and apply for Social Security Disability if you are still under full retirement age. 

If someone is 62 (or closely approaching 62) and are unable to work because of their health, SSA does give the option of applying for early retirement and Social Security Disability at the same time (Via SSA.)

The catch is that if you are not subsequently found disabled, you will be stuck drawing the early retirement "reduced" benefit amount permanently. But for those that are unable to work because of their health, you don't really have a choice. 

For those that are able to continue working full time after their full retirement age and earn late retirement credits, you are ensuring that you are receiving the most money possible from Social Security BUT you are also taking a risk. 

If you pass before you draw full retirement, you have essentially paid FICA all your life and have never received any of the money from your payments. 

If you are wondering if you should apply for Social Security Early Retirement or Social Security Disability Benefits give the Bishop Law Firm a call. 

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The Bishop Law Firm represents Social Security Disability clients  Raleigh, Durham, Fayetteville, Cary,  Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids , Winston Salem, Garner, Greensboro, Greenville and surrounding areas in North Carolina. Call us today for a free case review, (919) 615-3095. 

Coronary Artery Disease and SSA Disability Insurance

If you have been assessed with Coronary Artery Disease (CAD) and are unable to work, read on for information on how the Social Security Administration will evaluate your claim for SSA Disability Insurance.

The Bishop Law Firm has represented Social Security Disability clients since 2009 in North Carolina. We have represented clients in front of Raleigh, Charlotte, Fayetteville and Greensboro SSA Administrative Law Judges. We do not get paid unless we win and we offer free case reviews. Call us today, 919-615-3095 or start online now.

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Types of Social Security Disability Benefits

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Social Security Disability Insurance (SSDI)

SSDI (Social Security Disability Insurance) is based on the credits from the work you have done in your life. You must be found disabled before your date last insured (DLI) to be found eligible for SSDI. Your DLI is calculated by counting your “quarters of coverage” from your earnings record. You must have 20 “quarters of coverage” of the last 40 quarters. Simply put, you must have worked 5 years of the last ten years (in general). In addition, Adult Disabled Children can be eligible for benefits off their parent’s account.

Supplemental Security Income (SSI)

SSI (Supplemental Security Income) is a need-based program and you must meet income/asset standards in addition to being found disabled under the five steps above. In 2023, SSI is $914.00 per month for an individual and $1,371 for an eligible couple. SSI will be reduced by 1/3 if you are receiving financial help from others. In NC, SSI recipients are also entitled to Medicaid.

You must be found disabled under SSA’s Five Step Sequential Evaluation before you are entitled to either type of benefit. (Read more at SSA’s Five Step Sequential Evaluation). 

What is Coronary Artery Disease (CAD)?

Coronary Artery Disease develops when your coronary arteries — the major blood vessels that supply your heart with blood, oxygen and nutrients — become damaged or diseased. – Via the Mayo Clinic. Plaque buildup in arteries can cause your heart to receive less blood flow. If the flow of blood is cut off to the heart, you may have a heart attack or you can develop chronic congestive heart failure via CDC.

A heart attack (cardiac ischemia or myocardial infarction) can result in long term damage to the area of the heart that did not receive appropriate oxygen and blood flow (via AHA). The amount of damage depends on the size of the blood deprived area and how long the area was deprived.

Chronic Heart Failure is broken into four stages per the New York Heart Association. Symptoms increase in severity by the classifications. Also read Heart Failure and Social Security Disability.

Symptoms frequently described by clients from CAD are chest pain, shortness of breath and unexplainable fatigue. Doctors usually test for CAD using an electrocardiogram, echocardiogram, catheterization or stress test. Medications can be used to help with your CAD and symptoms. If more aggressive treatment is needed, angioplasty with/without stent placement or bypass surgery may be done.

Unfortunately, treatment in certain circumstances can further weaken the heart muscle and have long term effects on the patient’s ability to work.

Can you get Social Security Disability for Coronary Artery Disease?

As with all impairments with the Social Security Administration, the name of your impairment is not as important as the severity of your symptoms. The real question is if your medical evidence demonstrates that your heart disease and accompanying symptoms (chest pain, shortness of breath, fatigue) are severe enough to prevent you from working.

The Social Security Administration can evaluate your claim for disability insurance under 4.04 Ischemic Heart Disease. This listing specifically addresses Coronary Artery Disease in part C:

4.04 Ischemic heart disease, with symptoms due to myocardial ischemia, as described in 4.00E3–4.00E7, while on a regimen of prescribed treatment (see 4.00B3 if there is no regimen of prescribed treatment), with one of the following:

C. Coronary artery disease, demonstrated by angiography (obtained independent of Social Security disability evaluation) or other appropriate medically acceptable imaging, and in the absence of a timely exercise tolerance test or a timely normal drug-induced stress test, an MC, preferably one experienced in the care of patients with cardiovascular disease, has concluded that performance of exercise tolerance testing would present a significant risk to the individual, with both 1 and 2:

1. Angiographic evidence showing:

a. 50 percent or more narrowing of a nonbypassed left main coronary artery; or

b. 70 percent or more narrowing of another nonbypassed coronary artery; or

c. 50 percent or more narrowing involving a long (greater than 1 cm) segment of a nonbypassed coronary artery; or

d. 50 percent or more narrowing of at least two nonbypassed coronary arteries; or

e. 70 percent or more narrowing of a bypass graft vessel; and

2. Resulting in very serious limitations in the ability to independently initiate, sustain, or complete activities of daily living.

You must have objective evidence (angiography or other testing) demonstrating that you have significant narrowing in your arteries or bypass graft vessel AND “very serious limitations in the ability to independently initiate, sustain, or complete activities of daily living.”

If you meet this listing, you are in bad shape. Many people receive stents or bypass before they meet this listing. The surgery may reduce your narrowing to less than what is required by the listing, but you still may be unable to work due to your symptoms.

If you are unable to work due to your Coronary Artery Disease, do not worry about meeting this or any other listing. If your symptoms from your Coronary Artery Disease prevent you from working, file a claim for SSA Disability Insurance as soon as possible and call the Bishop Law Firm. Delay may cause you to lose benefits!

The Bishop Law Firm represents Social Security Disability clients in Raleigh, Durham, Fayetteville, Cary, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids , Winston Salem, Garner, Greensboro, Greenville and surrounding areas in North Carolina. Call us today for a free case review, (919) 615-3095 or start online now.

Start your free case review now

Also read NC Social Security Disability Lawyer

Disability and Diseases

Is Cerebral Palsy a disability?

This post addresses Cerebral Palsy and SSA Disability Benefits. If you or your child have been assessed with Cerebral Palsy, read on for information on how the Social Security Administration will evaluate a claim for disability benefits.

Attorney Kimberly Bishop, of The Bishop Law Firm, is a NC Board Certified Social Security Disability Lawyer in Raleigh, NC  who has practiced disability since 2009 in North Carolina. In addition, Chasity Everett, EDPNA, also represents disability clients for the firm and has worked with disabled clients since 2002, with the last 15 years with Attorney Bishop.

If you are looking for a Social Security Disability Lawyer in NC,  give us a call today for a free case review, 919-615-3095 or you can start your free case review online now:

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What is Cerebral Palsy?

Cerebral Palsy is one of the most common causes of chronic childhood disability. Broadly speaking, cerebral palsy impairs the ability to control body movement due to damage to the brain while in the development stage. The United Cerebral Palsy Association estimates that more than 764,000 Americans have Cerebral Palsy. Via WebMD 

"Cerebral palsy is caused by an abnormality or disruption in brain development, usually before a child is born. In many cases, the exact trigger of these brain abnormalities isn't known. Factors that may lead to problems with brain development include: Random mutations in genes that control brain development; maternal infections that affect the developing fetus; fetal stroke, a disruption of blood supply to the developing brain; lack of oxygen to the brain (asphyxia) related to difficult labor or delivery (rare); infant infections that cause inflammation in or around the brain or traumatic head injury to an infant from a motor vehicle accident or fall." via Cerebral palsy Causes - Diseases and Conditions - Mayo Clinic.

Symptoms can include intellectual disability, stiff muscles, poor muscle coordination and muscle tone, heart and lung disease, issues with balance and depth perception, chronic pain, muscle spasticity and writhing movements to name a few.

Per the CDC, there are four types of Cerebral Palsy:

  1. Spastic cerebral palsy is the most common form of Cerebral Palsy. Increased muscle tone means stiff muscles and awkward movements. Diplegia, hemiplegia and quadriplegia describe the parts of the body affected with quadriplegia being the most severe form as it affects all limbs, the body's trunk, and face.
  2. Ataxic cerebral palsy affects balance and coordination. Quick movements or movements that require control (like writing) can present a challenge.
  3. Dyskinetic cerebral palsy involves difficulty controlling hands, arms, feet, and legs. Muscle tone can range from extreme tightness to looseness in a single day.
  4. Mixed cerebral palsy is, as it sounds, when a patient has symptoms of more than one type of the above.

Treatment for Cerebral Palsy can range from injections, medications, physical therapy, speech and language therapy, recreational therapy or orthopedic surgery (per Mayo Clinic).

Cerebral Palsy can range from mild to severe depending on your child's degree of limitation. Mild cerebral palsy may cause no limitations in daily life but severe Cerebral Palsy could result in being wheelchair bound with serious challenges in their daily lives.

Types of Social Security Disability Benefits

Before applying for Social Security Disability, you need to know the two (general) types of benefits that Social Security offers the disabled:

Social Security Disability Insurance (SSDI)

SSDI (Social Security Disability Insurance) is based on the credits from the work you have done in your life. You must be found disabled before your date last insured (DLI) to be found eligible for SSDI. Your DLI is calculated by counting your “quarters of coverage” from your earnings record. You must have 20 “quarters of coverage” of the last 40 quarters. Simply put, you must have worked 5 years of the last ten years (in general). In addition, Adult Disabled Children can be eligible for benefits off their parent’s account.

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Supplemental Security Income (SSI)

SSI (Supplemental Security Income) is a need-based program and you must meet income/asset standards in addition to being found disabled under the five steps above. Please note that parental income affects a child's eligibility for SSI (Also read Deeming Parental Income).

In 2023, SSI is $914.00 per month for an individual and $1,371 for an eligible couple. SSI will be reduced by 1/3 if you are receiving financial help from others. In NC, SSI recipients are also entitled to Medicaid.

SSI is also available for disabled children and is evaluated under a different standard than adults. Children must have a medically determinable physical or mental impairment or impairments (including emotional or learning problems) which result in marked and severe functional limitations, and the impairment(s) has lasted or can be expected to last for a continuous period of at least 12 months or be expected to result in death. Child SSI terminates when the child turns 18. The claimant will then have to reapply and be evaluated under the above adult sequential evaluation.

Is Cerebral Palsy a disability?

A diagnosis of Cerebral Palsy alone is not enough to be found disabled. The real question is: how does your or your child's Cerebral Palsy affect their life? Every person is different, but if your or your child's Cerebral Palsy prevents them from moving about, communicating, or expressing their feelings they may be found disabled.

The Social Security Administration evaluates cerebral palsy for children under 111.07: 

111.07 Cerebral palsy, characterized by disorganization of motor function in two extremities (see 111.00D1), resulting in an extreme limitation (see 111.00D2) in the ability to stand up from a seated position, balance while standing or walking, or use the upper extremities.

Adults are evaluated under 11.07:

11.07 Cerebral palsy, characterized by A, B, or C:

A. Disorganization of motor function in two extremities (see 11.00D1), resulting in an extreme limitation (see 11.00D2) in the ability to stand up from a seated position, balance while standing or walking, or use the upper extremities.

OR

B. Marked limitation (see 11.00G2) in physical functioning (see 11.00G3a), and in one of the following:

  1. Understanding, remembering, or applying information (see 11.00G3b(i)); or
  2. Interacting with others (see 11.00G3b(ii)); or
  3. Concentrating, persisting, or maintaining pace (see 11.00G3b(iii)); or
  4. Adapting or managing oneself (see 11.00G3b(iv)).

OR

C. Significant interference in communication due to speech, hearing, or visual deficit (see 11.00E2).

The two listings, despite one being for children and one for adults, are very similar. The inability to use two extremities and extreme limitation in the ability to move around is mentioned in both. But what is an extreme limitation? In simplest terms, an extreme limitation would require a Cerebral Palsy patient to need assistance when trying to stand, walk or use their hands.

Listing 11.07 also discusses marked limitations physically and one accompanying mental symptom. If you are unable to use information, interact with others, concentrate, or manage yourself, work is not an option for you.

Lastly, inability to communicate, hear or see would definitely eliminate competitive employment. I advise my clients not to worry about meeting a listing. Most listings are very hard to meet.

If your child has been diagnosed with cerebral palsy and they are having symptoms, file a claim for disability benefits  as soon as possible for them. Your child may be eligible to receive expedited payments if there is an allegation of cerebral palsy and they have marked difficulty in walking (for example the use of braces), speaking or coordination of the hands or arms (read more at Presumptive Disability Payments).

Adults and children with Cerebral Palsy may be able to find help on the state level through plans like we have in North Carolina, Community Alternative Program for Disabled Adults (CAP/DA) or the Community Alternatives Program for Children (Cap/C). You should check in your state to see what programs are available.

There is also support for cerebral palsy patients and their families, visit CerebralPalsy.org for more information.  You may also want to speak to a birth injury attorney who may be able to help you with a possible medical malpractice claim (Reiter and Walsh, P.C. handles birth brain injury cases nationwide and offers helpful information on their site).

The Bishop Law Firm represents Social Security Disability clients in Raleigh, Durham, Fayetteville, Cary, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids , Winston Salem, Garner, Greensboro, Greenville and surrounding areas in North Carolina. Call us today for a free case review, (919) 615-3095 or start now.

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Also read NC Social Security Disability Lawyer

Social Security Disability for Cancer

This post discusses Social Security Disability for Cancer. A diagnosis of cancer is scary but there have been advancements in treatment. Many people diagnosed with cancer receive treatment and go on to live long lives.

If you are unable to work because of your symptoms from your cancer diagnosis, you can call us for a free case review or start online now.

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Types of Social Security Disability Benefits

Social Security Disability Insurance (SSDI)

SSDI (Social Security Disability Insurance) is based on the credits from the work you have done in your life. You must be found disabled before your date last insured (DLI) to be found eligible for Social Security Disability benefits. Your DLI is calculated by counting your “quarters of coverage” from your earnings record. You must have 20 “quarters of coverage” of the last 40 quarters. Simply put, you must have worked 5 years of the last ten years (in general). In addition, Adult Disabled Children can be eligible for benefits off their parent’s account.

Supplemental Security Income (SSI)

SSI (Supplemental Security Income) is a need-based program and you must meet income/asset standards (limited income) in addition to being found disabled under the five steps above. In 2023, SSI is $914.00 per month for an individual and $1,371 for an eligible couple. SSI will be reduced by 1/3 if you are receiving financial help from others. In NC, SSI recipients are also entitled to Medicaid.

SSI is also available for disabled children and is evaluated under a different standard than adults. Children must have a medically determinable physical or mental impairment or impairments (including emotional or learning problems) which result in marked and severe functional limitations, and the impairment(s) has lasted or can be expected to last for a continuous period of at least 12 months or be expected to result in death. Child SSI terminates when the child turns 18. The claimant will then have to reapply and be evaluated under the above adult sequential evaluation.

Types of Cancer & Cancer Treatments

According to the National Cancer Institute, bladder, breast, colon and rectal, lung, melanoma and non-Hodgkin Lymphoma are among the most common cancer types diagnosed in the United States. Cancers are grouped roughly into four main types by where they begin in the human body: carcinomas, sarcomas, leukemias and lymphomas (Via Cancer.net).

Carcinoma

Carcinomas are the most common form of cancer and usually forms solid tumors which involve organs. The most common carcinomas are adenocarcinoma (prostate cancer, breast cancer, colorectal cancer and pancreatic cancer), basal cell carcinomas (skin cancer), squamous cell carcinoma (skin cancer generally related to sun exposure), ductal carcinoma in situ (breast milk duct cancer) and invasive ductal carcinoma (breast milk duct cancer that has spread to nearby tissue) (Via Cleveland Clinic).

Sarcoma

Sarcomas begin in fat, muscles, nerves, tendons, joints, blood vessels, lymph vessels, cartilage or bone (the supporting or connecting tissues of the body). There are more than 70 types of sarcomas but bone sarcomas are more prevalent in children while soft tissue sarcomas are diagnosed more in adults (Via Johns Hopkins). Most soft tissue sarcoma in adults are found in the arms and legs which increases the risk of metastasis due to access to the lymph nodes.

Leukemia 

Leukemias are cancers of the blood. Healthy white blood cells become abnormal and reproduce out of control.  Leukemias are named by the type of white blood cell involved: lymphocytic leukemias  (t cells, b cells or natural killer cells) while myeloid leukemias come from granulocytes and monocytes white blood cells (Via MSKCC). In general, there are four types of leukemia: acute lymphocytic leukemia (ALL); acute myelogenous leukemia (AML); chronic lymphocytic leukemia (CLL); and chronic myelogenous leukemia (CML) (via Mayo Clinic). AML and CLL occur most frequently in adults.

Lymphoma

Lymphomas are cancers of the lymphatic system (Hodgkin and non-Hodgkin lymphoma). Reed-Sternberg cells (seen under a microscope) indicate Hodgkin's while their absence is classified as non-Hodgkin's. Non-Hodgkin is more common than Hodgkin (via City of Hope).

For a more detailed discussion of specific types of cancer look here.

Types of Cancer Treatment

In general, the treatment for cancer involves medications, resection, radiation or chemotherapy.

Medications that treat cancer, like doxorubicin (the red devil), methotrexate sodium or prednisone, have their own short term side effects which can render working impossible while undergoing cancer treatment. Nausea, vomiting, diarrhea, hair loss, loss of appetite, fever, fatigue, bleeding, bone weakness and pain are all potential side effects.

In addition, there can be long term side effects when healthy tissue is damaged by chemotherapy (Via Mayo Clinic). Fighting cancer is tough on its own, but the side effects from these medications may alone be enough to make you disabled.

Radiation prior to resection attempts to shrink a cancer tumor (via Healthline). Cancer detected in the early stages can respond well to radiation and resection.  However, radiation can damage healthy cells as well as cancer cells. This can leave a patient cancer-free but with long term side effects including damage to vital organs.

Read: Disability for Edema

Social Security Disability Benefits for Cancer

Social Security requires medical evidence (medical records) demonstrating a cancer diagnosis that specifies the type, extent, and site of the primary, recurrent, or metastatic lesion. An issue arises when your doctor may "suspect" cancer but testing has not demonstrated the actual location or exact medical condition you have.

If you are unable to work because of your health, you should apply for disability benefits as soon as possible. If it is later determined that you do not have cancer, you can withdraw your claim for Social Security Disability benefits. But if you do not apply, you have no safety net.

In order to be found disabled by the Social Security Administration, it must be shown that you are unable to work because of an illness which is expected to result in death OR which has or can be expected to last for a continuous period of at least 12 months. This is important news for cancer patients because it is possible that your cancer can be treated and in remission within less than a 12 month period.

Unfortunately, not everyone with cancer will be better within 12 months. Some forms of cancer are listed as compassionate allowances by the Social Security Administration. Compassionate Allowances allow Social Security to target the most obviously disabled individuals for allowances based on objective medical information that can be obtained quickly.

As discussed above, bladder cancer, breast cancer, colon cancer, rectal cancer, lung cancer and non-Hodgkin Lymphoma are the most commonly diagnosed cancers in the US. Bladder cancer, breast cancer, large intestine cancer, small cell and non-small cell lung cancer are all on the compassionate allowance list.

As an example, Adult Non-Hodgkin Lymphoma is also on the compassionate allowance list, while Hodgkin Lymphoma is not. After seeing that Adult Non-Hodgkin Lymphoma is on the list, we must then look at the listing (13.05A) itself to determine if the requirements are met:

13.05 Lymphoma (including mycosis fungoides, but excluding T-cell lymphoblastic lymphoma)

A. Non-Hodgkin lymphoma, as described in 1 or 2:

   1. Aggressive lymphoma (including diffuse large B-cell lymphoma) persistent or recurrent following initial anticancer therapy.

   2: Indolent lymphoma (including mycosis fungoides and follicular small cleaved cell) requiring initiation of more than one (single mode or multimodal) anticancer treatment regimen within a period of 12 consecutive months. Consider under a disability from at least the date of initiation of the treatment regimen that failed within 12 months.

Listing 13.05A requires continued persistent corruption of white blood cells despite cancer treatment OR slow growing lymphoma that requires two anticancer treatments in a year. This listing, as with most listings, is difficult to meet and working has stopped being an option prior to this time.

Even if your cancer is not on the Compassionate Allowance list, the Social Security Administration discusses cancer in the cancer listings: 13.00-Malignant Neoplastic Diseases. This listing covers various parts of the human body but three words are recurrent in this listing: inoperable, unresectable and metastases, none of which a cancer patient wants to hear. If your doctor has told you any of these apply to your cancer, you should apply for benefits as soon as possible. 

In addition to the compassionate allowance list and the specific listings found at 13.00, SSA can do a Medical Vocational Allowance under the Grid Rules if you are over age 50 and limited to the sedentary level of exertion in the amount of time you can sit, walk, stand and carry.

No one knows what tomorrow will bring. If you have been diagnosed with cancer and are unable to work, apply for disability benefits as soon as possible. Delay may cause you to lose benefits.

The Bishop Law Firm represents Social Security Disability clients in Raleigh, Durham, Fayetteville, Cary, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids , Winston Salem, Garner, Greensboro, Greenville and surrounding areas in North Carolina. Call us today for a free case review, (919) 615-3095 or start online now.

Start your free case review now

Also read NC Social Security Disability Lawyer

Social Security Disability for Muscular Dystrophy

This post discusses Social Security Disability for Muscular Dystrophy. If you or someone you care for is unable to work due to Muscular Dystrophy read on for how SSA will evaluate your claim for disability benefits .

Types of Social Security Disability Benefits

SSA offers two types of benefits for disability claimants: Social Security Disability Insurance Benefits (SSDI) and Supplemental Security Income (SSI). SSDI is based on the credits from the work you have done in your life while SSI is a need based program.

You must be found disabled under SSA's Five Step Sequential Evaluation before you are entitled to either benefit. The first step is to apply for benefits online or at your local SSA office. If you are unable to work due to your muscular dystrophy apply for SSI and/or SSDI benefits as soon as possible. Delay may cause you to lose benefits!

What is Muscular Dystrophy?

Muscular dystrophy is a group of genetic (inherited) diseases in which muscle fibers are unusually susceptible to damage. Progressive muscle weakness and muscle mass loss can result in paralysis. Muscles not only enable the human body to move, they also determine blood flow (heart muscle), breathing, digestion and other essential body functions.

There are more than 30 different kinds of muscular dystrophy. Some forms start in childhood while others do not begin until adulthood. Via The Mayo Clinic . The most common forms are: Duchenne muscular dystrophy (DMD – the most common form in children), Becker muscular dystrophy, Myotonic muscular dystrophy (the most common form in adults), Congenital, Emery-Dreifuss, Facioscapulohumeral (FSHD), Limb-girdle, Distal and Oculopharyngeal. Via NIH .

Myotonic Dystrophy (also called MMD or Steinert’s disease) affects at least 1 in 8,000 people worldwide. People with this disorder often have prolonged muscle contractions (myotonia) and are not able to relax certain muscles after use. Clouding of the lens of the eye (cataracts), abnormalities of the electrical signals that control the heartbeat (cardiac conduction defects), early balding and infertility are also symptoms. The severity of the condition varies widely among affected people, even among members of the same family. Via NIH .

Myotonic dystrophy is diagnosed by a neurologist. Various forms of testing are used to make a diagnosis: family history, blood work, physical examination, EMGs or muscle biopsy. Treatment can include medications, physical therapy or splints/orthotics. There is no cure or specific treatment for myotonic dystrophy. Via John Hopkins.  Also read  our post Disability for Myotonic Dystrophy.

Social Security Disability for Muscular Dystrophy

As with most claims for Social Security Disability, the name of your impairment is not as important as the severity of your symptoms. Unfortunately, a muscular dystrophy patient can experience progressive symptoms. The progression of symptoms varies from one person to another.

The Social Security Administration evaluates claims for adult disability benefits for Muscular Dystrophy under 11.13 (children are evaluated under 111.13). This listing requires significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements, or gait and station.

In simple terms, you must have lost the use of two hands or two legs, or one hand and one leg. If you are unable to walk without a cane (or walker) or you are unable to use your hands to perform tasks such as writing, opening door knobs or grasping, you may meet this listing. In addition, Fukuyama Congenital Muscular Dystrophy is also on the Compassionate Allowance List .

If you meet the above listing, working has long stopped being an option for you, unfortunately. You may not meet the above listing but are still unable to work due to your Muscular Dystrophy (most listings are difficult to meet). Muscular Dystrophy can affect other areas of your body, such as your ability to speak, balance or see.

If you are 50 years of age or older, SSA can use the Medical Vocational Guidelines (SSA Grid Rules) to find you disabled as well. If you have been assessed with Muscular Dystrophy and are unable to work, you should file your claim for SSDI/SSI as soon as possible.

The Bishop Law Firm represents Social Security Disability clients in Raleigh, Durham, Fayetteville, Cary, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids and surrounding areas in North Carolina. Call us today for a free case review, (919) 615-3095 .

Also read Overview of the Disability Process

Compassionate Allowances for SSA Disability

This post discusses Compassionate Allowances for SSA Disability. Compassionate Allowances (CAL) are how Social Security quickly identifies claimants that qualify under the Listings. In most cases, the Listings are difficult to meet, thus these claimants must have severe medical conditions.

Social Security Disability

Social Security offers two types of benefits for the disabled generally, Social Security Disability Insurance Benefits (SSDI) and Supplemental Security Income (SSI). After you apply for benefits, your case will be sent to Disability Determination Services (DDS) (or your state's equivalent) where an examiner will use a five step sequential evaluation process to determine if you are disabled. The Listings are Social Security's list of conditions that qualify a claimant for benefits under Step 3 of the sequential evaluation.

What is a SSA Compassionate Allowance?

SSA maintains an evolving list of medical conditions that qualify an applicant to receive expedited handling of their disability claim.  SSA's complete list of Compassionate Allowances is found here. According to SSA, this list primarily include certain cancers, adult brain disorders, and a number of rare disorders that affect children. Of note is the requirement for many types of cancer (adrenal, bladder, breast, head and neck, large intestine, non-small cell, bone, ovarian, stomach, ureter . . .) to involve metastases. In short, your cancer must have spread from where it started to another area of the body. Lou Gehrig's Disease (ALS)  is also on the compassionate allowance list.

Unfortunately, conditions on the Compassionate Allowance list often cause severe pain and can result in premature death. The nature of these conditions is so devastating that SSA wants to try to help those diagnosed get on disability benefits as soon as possible.

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How do I apply for a SSD Disability Compassionate Allowance?

The application process for people with a condition on the Compassionate Allowance list is the same for any other person applying for Social Security Disability. After you have filed your Social Security Disability application, a determination will be made if your case needs to be fast tracked. Informing SSA of your condition in all contact you have with them will help your case be designated as a compassionate allowance if your condition is on the Compassionate Allowance List.

How much is a SSA Compassionate Allowance?

As discussed above, SSA offers SSDI and/or SSI benefits. The monthly check that you receive from SSA will be the same, even if you are approved as a Compassionate Allowance.

Is there still a five-month waiting period even if my case is approved as a Compassionate Allowance?

Yes, there is still a five-month waiting period to receive benefits even for those who are approved as Compassionate Allowances (unless you have Lou Gehrig's Disease). This is one of my biggest qualms with Social Security. Why give expedited processing but still apply the five month waiting period?  But, unfortunately, this is the law (for now).

In my experience, SSA does a decent job of identifying Compassionate Allowance cases. Claimants whose case is identified as a Compassionate Allowance at the initial or reconsideration level receive expedited processing of their claims. The problem arises when a person has the symptoms of a disease but has not received a formal diagnosis. Another issue is for those whose diagnosis comes during the wait for their hearing. Medical records of the diagnosis should be obtained as soon as possible and forwarded to the hearing office that has the claim. In addition, a phone call to that office informing them that this case should be flagged a Compassionate Allowance is imperative.

Compassionate Allowances for SSA Disability claims are available for those that presumably meet the Listings. As mentioned above, Listings, in most cases, are difficult to meet. If you feel that you or someone you know meets a Compassionate Allowance Listing and are not receiving expedited processing for your claim, give The Bishop Law Firm a call today. We handle cases in Raleigh, Cary, Durham and surrounding areas in North Carolina.

Social Security Disability Benefits for Stroke (CVA)

This post discusses Social Security Disability benefits for stroke (cerebrovascular accident or CVA). Strokes are a leading cause of death in the United States. According to the CDC, on average, one American dies from stroke every 4 minutes. If you or a loved one begins to experience stroke symptoms, seek immediate medical attention.

Stroke symptoms include: sudden numbness, tingling, weakness, or loss of movement in your face, arm, or leg, especially on only one side of your body; sudden vision changes; sudden trouble speaking; sudden confusion or trouble understanding simple statements; sudden problems with walking or balance or sudden, severe headache that is different from past headaches. Stroke symptoms are determined by the cause of the stroke: blood clot ( ischemic) or bleeding (hemorrhagic) and what part of the brain is affected.

Post-stroke you may have issues with memory, confusion, communicating, moving, going to the restroom, eating and more. Many stroke victims suffer emotional disturbances due to the trauma. The severity of your post-stroke symptoms depends on how severe your stroke was and what part of your brain was affected. Rehabilitation should start as soon as you are stable.

The Social Security Administration evaluates strokes under 11.04 Central nervous system vascular accident. This listing requires one of the following more than 3 months post-vascular accident: sensory or motor aphasia resulting in ineffective speech or communication; OR significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements, or gait and station.

Even if you do not meet the above listing, the symptoms from your stroke may preclude work for you. But your stroke symptoms have to negatively affect your ability to work for at least 12 months to even meet the Social Security's Administration's basic definition of disability. Recovery times vary but many people recover from strokes in less than a year precluding them from receiving Social Security Disability Benefits for that time.

If you or a loved one have suffered a stroke and are unable to work, file your claim for Social Security Disability Benefits as soon as possible. Rehabilitation can be a difficult process and you do not know how long it will take you to recover. 

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Amputation and Social Security Disability

This article discusses amputation and Social Security Disability Benefits. Read on for information on how SSA will evaluate your claim for disability.

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Amputations

Amputations can happen for a variety of reasons. The main causes are disease, trauma, and surgery. Some of the diseases that can necessitate an amputation are peripheral vascular disease, deep vein thrombosis, bone infection and diabetes. Diabetics can experience poor circulation in their feet which can result in skin ulcers. Left unchecked, these skin ulcers can result in amputations (Via Johns Hopkins).

Traumatic amputations can sometimes be reattached, but often a well fitted prosthetic limb would perform better than an reattached limb. Bleeding, shock, and infections are frequent complications of traumatic amputations. Via MedLine Plus.

In severe cases, pelvic amputation (which would involve the entire leg), or the amputation of two limbs can be caused by traumatic accidents.

My clients describe residual limb pain, a feeling of loss and depression. Waking in the middle of the night to scratch a limb that is no longer there can be disturbing to say the least.

Amputees can also experience phantom limb pain. “Although the limb is no longer there, the nerve endings at the site of the amputation continue to send pain signals to the brain that make the brain think the limb is still there. Sometimes, the brain memory of pain is retained and is interpreted as pain, regardless of signals from injured nerves.” Via WedMD.

Pain from a phantom limb usually decreases over time, but if it is present longer than 6 months, the prognosis is poor.

Social Security Disability Benefits

The first step to attaining disability benefits for amputees is to apply for benefits at your local Social Security office or online. When you apply for benefits, you must meet the eligibility criteria for SSA to accept your claim.

There are two types of benefits that SSA (generally) offers:

Social Security Disability Insurance (SSDI)

SSDI (Social Security Disability Insurance) is based on the credits from the work you have done in your life. You must be found disabled before your date last insured (DLI) to be found eligible for SSDI. Your DLI is calculated by counting your “quarters of coverage” from your earnings record. You must have 20 “quarters of coverage” of the last 40 quarters. Simply put, you must have worked 5 years of the last ten years (in general).

In addition, Adult Disabled Children can be eligible for benefits off their parent’s account.

Also read Veterans Disability vs. Social Security Disability

Supplemental Security Income (SSI)

SSI (Supplemental Security Income) is a need-based program and you must meet income/asset standards in addition to being found disabled. In 2023, SSI is $914.00 per month for an individual and $1,371 for an eligible couple. SSI will be reduced by 1/3 if you are receiving financial help from others. In NC, SSI recipients are also entitled to Medicaid.

Is an amputee considered disabled to SSA?

Amputation can be disabling, but simply being an amputee does not make you eligible for Social Security Disability Benefits any more than a diagnosis of "cancer" does. The real question is how does your amputation affect you?

Luckily, there have been advancements in prosthetic technology. In some instances, an artificial limb can allow a person to have an amazing physical advantage over others. Other times, an amputee may never fully adjust to using prosthesis to walk or hold objects.

If you have lost an upper limb or lower extremity, this can definitely affect your ability to work and perform activities of daily living. If you have lost two limbs you will be even more affected and have a longer period of adjustment.

The Social Security Administration evaluates amputation under 1.20 Amputation due to any cause . This listing requires medical evidence that demonstrates:

A. The amputation of both upper extremities at/or above the wrist OR 

B. Hemipelvectomy or hip disarticulation OR 

C.  Amputation of one upper extremity and one lower extremity with the need for an assistive device that involves at least one of the hands of the remaining upper extremity. (Basically, this listing requires that you are unable to use your remaining upper extremity) OR

D. Amputation of one or both lower extremities at or above the ankle and the inability to use a prosthetic with a documented medical need for an assistive device involving use of both hands

Prosthetics are helpful to most patients, but they do not work for everyone. Phantom limb pain and stump complications may eliminate your ability to use a prosthetic.

If you have suffered an amputation of a limb or your digits, do not worry about meeting the above listing. Listing are difficult to meet. You could also be found disabled based on the Medical Vocational Guidelines if your amputation limits you to sedentary work.

In addition, if you have other impairments (that might have caused you to have an amputation), SSA can look at the combination of your impairments to find you disabled.

Also read Social Security Disability Conditions

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Apply for disability benefits as soon as possible

You should apply for Social Security Disability benefits for your amputation as soon as possible. Even if, after amputee rehabilitation, you recover your pre-amputation agility, you will need time to acclimate. You do not know how long it will take you to recover. Delay may cause you to lose disability benefits!

The Bishop Law Firm represents Social Security Disability clients in Raleigh, Durham, Fayetteville, Cary, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids , Winston Salem, Garner, Greensboro, Greenville and surrounding areas in North Carolina. Call us today or start your free case review online now!

Also read NC Social Security Disability Lawyer

 

Substance Abuse and Social Security Disability

This article discusses Substance Abuse and Social Security Disability. Substance abuse is unhealthy for your mind and body. If you or someone you know is experiencing substance abuse or addiction, get help as soon as possible!

To understand how your disability claim will be affected by your substance abuse, we must first look at how the Social Security Administration evaluates substance abuse. You will not be found disabled based on a drug or alcohol addiction alone. In order to be found disabled, you must have another disabling impairment(s). If you have other disabling impairments besides substance abuse, the evaluation continues.

Is your substance abuse "material"? Materiality is defined as "whether we would still find you disabled if you stopped using drugs or alcohol. "Simply put, without the drug and alcohol use, are you still disabled?

This can be a difficult question to answer, especially when your other disabling impairments are mental in nature. Many mental disorders are so frequently seen with substance abuse it is difficult to tell which is the cause and the other the effect.

Medical records documenting illness before the introduction of substance abuse helps. Also, symptoms that persist during periods of sobriety help to illustrate that you are disabled from your illness and not your substance abuse. Your doctor can also give an opinion as to whether they feel your condition would improve if you stopped using.

Substance abuse alone will not qualify you for Social Security Disability, but you may have other impairments that prevent you from working. File a claim for benefits as soon as possible and get help for your substance abuse!

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Lupus and Social Security Disability

This post discusses Systemic lupus erythematosus (SLE) and Social Security Disability. Lupus affects everyone differently. It can debilitate your life to the point where you are unable to work or it can cause you only minor discomfort. If your lupus has progressed to the point that you are unable to work, you need to know how your case will be evaluated by the Social Security Administration.

Lupus is an autoimmune disease. Simply put, this is when the body attacks itself. Healthy tissue is targeted and eliminated mistakenly. In my clients with lupus, I have seen fatigue with simple activity, fevers, rashes or lesions (panniculitis) and commonly the body has attacked a major organ, such as the kidneys. In addition, there can be joint pain, chest pain, shortness of breath and headaches. More information found here.

The Social Security Administration evaluates Lupus under Listing 14.02 Systemic lupus erythematosus. This listing requires involvement of two or more body systems with at least one being involved to a moderate degree AND at least two of the common symptoms of lupus OR repeated manifestations of lupus in the form of symptoms AND marked restriction in a domain of your life.

How severe is your lupus? If your lupus is affecting your major organs or you are experiencing severe symptoms from your lupus that affect your ability to function from day-to-day, you may meet this listing. But in all reality, your lupus may negatively impact your ability to work long before you meet this listing.

If you or someone you love has been diagnosed with Lupus, there are support groups that can help.  An example is the Lupus Foundation of America. I encourage clients to get medical treatment and take their medications as prescribed. If your lupus still keeps you from working you should file a claim for Social Security Disability as soon as possible and call the Bishop Law Firm. We want to help.

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