# data[].attributes.attachment_link.readable_text
Wrongful Death Cases in New Mexico

There are few things as difficult as losing a loved one due to an untimely death. An experienced wrongful death attorney at Decker Law Office LLC understands that the survivors of a loved one who dies due to a wrongful death are frequently left with emotional trauma and harsh financial realities. Some of these costs include medical bills and funeral expenses. In situations where a victim is the primary contributor to a household, loved ones are frequently left with substantial debt. Survivors frequently initiate wrongful death lawsuit in order to receive adequate compensation.
The Definition Of A Wrongful Death Case
A wrongful death occurs when the actions of a person, group of persons, or a company are determined to be negligent and cause or are determined to be the legal cause of an injury that lead to an untimely death of a person.

Examples Of Wrongful Death Cases

There are various ways in which wrongful death cases in Albuquerque can occur, which include the following:

Car Accidents. If your loved one was involved in a federal vehicle accident, our legal team will investigate a motor vehicle crash to ensure that all liable parties are held accountable.

Dangerous Drugs. A dangerous prescription drug can cause a relative's death.

Defective Products. Defective products can prove to be dangerous in nature and have a tendency to lead to fatalities, in some cases.

Premise Liability. If dangerous premises are responsible for a loved one's death, a skilled attorney will be able to investigate a location and determine exactly how the accident occurred.

Work-Related Injuries. If an explosion at an oil refinery or other type of work fire cases a death, survivors need an experienced attorney to help their family recover compensation.

Other Types Of Accidents. Some of the other types of causes for wrongful deaths include truck accidents, swimming pool accidents, nursing home abuse and neglect, motorcycle accidents, medical malpractice, falls, drunk driving crashes, boating accidents, birth injuries, bicycle accidents, and construction accidents. Each of these types of accidents can result in wrongful death claims.

Statute of Limitations
The statute of limitations applicable to wrongful death cases provides that an action to recover for compensation from a wrongful death case must be commenced within a specific period of time. The statute of limitations frequently begins to run from the time that the death in question occurred. A case will not succeed if it is brought outside the period of the statute of limitations. Statute of limitations issues frequently require analysis by a skilled attorney.
Compensation For A Wrongful Death Case
There are several types of compensation that are awarded for wrongful death cases, including: funeral expenses, lost wages, loss of future wages, lost value of life, medical expenses resulting from the injury, punitive damages, which are designed to punish the opposing party, and amounts for the loss of companionship and affection of a spouse, parent or child. One of the most difficult parts of many wrongful death cases is determining the value of a potential claim. A skilled lawyer will be able to apply significant experience to make sure that you receive an adequate amount of compensation for your wrongful death case. The values are often different between cases, but a skilled lawyer will always fight for maximum compensation.
Contact An Experienced Wrongful Death Attorney
If you are interested in pursuing a wrongful death suit, it is important to consult with an experienced wrongful death attorney at Decker Law Office LLC as soon as possible. Let us assist you today.

# data[].attributes.attachment_link.description
There are few things as difficult as losing a loved one due to an untimely death. An experienced wrongful death attorney at Decker Law Office LLC understands that the survivors of a loved one who dies due to a wrongful death are frequently left with emotional trauma and harsh financial realities.

# data[].attributes.headline
Federal Social Security Disability Appeal

# data[].attributes.subject
Federal Social Security Disability Appeal

# data[].attributes.attachment_link.readable_text
An Overview of Federal Court Claims

What Starts the Process of a Federal Social Security Disability Appeal?

Most Social Security disability claims submitted to the SSA in New Mexico are initially denied due to missing documentation, incorrect documentation, overworked or uninformed staff at the state agency level, or lack of evidence validating a disability. When a disability claim is denied, applicants can file a reconsideration appeal, but the majority of those reconsideration appeals in New Mexico are denied. Many cases require appealing to attend a disability hearing before a SS administrative law judge. At the hearing stage, many cases are approved, but about half are denied. If denied at the hearing level in New Mexico, one can file an Appeals Council appeal; However, most claimants appealing a hearing denial are not awarded Social Security benefits. When this happens, they must appeal again. Upon denial by the SSA appeals council, claimants have one final avenue-a Federal District Court Appeals. You must have an attorney licensed in your Federal Court district to represent you at this stage.

What is an SSDI Federal Court Claim?

If your disability claim has been denied throughout the administrative process, you will need to hire a federal disability attorney to handle your claim at the federal district court level. When filing a civil action in a New Mexico District Court on your behalf, your lawyer will designate the Social Security Commissioner as the "defendant" and you as the "plaintiff". Federal disability claims are filed in a District Court determined by your residential district. Consider having your Social Security disability claim evaluated by a New Mexico District Court as a type of "federal appeal" with the authority to overturn the previous denials given by the Social Security Administration.

How Does a District Court Determine Whether to Approve Benefits for Federal Disability Programs?

During review of a denied disability application, a federal District Court judge will decide of the SSA was wrong in denying the claim for SSDI benefits. The assistance of a local federal attorney specializing in SSA disability cases is essential for pointing out errors made by SSA evaluators and administrative judges to the District Court judge. Local New Mexico Disability attorneys possess the expertise needed to prove that the SSA was wrong in denying a claim. In addition, a disability lawyer has in-depth knowledge of legal procedural issues supporting the argument that a claim should be approved immediately by a federal district court. It is important to hire an attorney who is licensed and experienced in your local area.

Is New Evidence Allowed to be Presented During the SSDI Federal Court Claim Process?

Another reason why you should hire an SSDI appeals attorney is that a federal district court judge does not consider new medical documentation. The judge will only read the transcript of your appeals case heard by a Social Security administrative law judge. Any medical evidence reviewed by a district court judge will be the same evidence originally seen by SS evaluators and the administrative judge.

The general purpose of having a denied SSDI claim reviewed by a federal district court is not to determine if a disability exists but to determine whether the Social Security Administration followed the correct procedure in assessing your claim. Federal court is complicated and it takes someone experienced and someone local to help. Contact Decker Law Office today to schedule a consultation appointment if your SSDI appeals have been denied by an Administrative Law Judge and/or the Appeals Council. Legal assistance is imperative to winning your case and receiving the disability benefits you deserve.
More Articles................

# data[].attributes.attachment_link.title
Federal Social Security Disability Appeals

# data[].attributes.attachment_link.description
An Overview of Federal Court Claims Most Social Security disability claims submitted to the SSA in New Mexico are initially denied due to missing documentation, incorrect documentation, overworked or uninformed staff at the state agency level, or lack of evidence validating a disability.

# data[].attributes.headline
SSA Hearing Backlog Tops 1 Million While Obamacare Ad Budget Slashed, Though Insurance Still Available

# data[].attributes.subject
SSA Hearing Backlog Tops 1 Million While Obamacare Ad Budget Slashed, Though Insurance Still Available

# data[].attributes.attachment_link.readable_text
The Trump Administration has cut the advertising budget for the Affordable Care Act (ACA), or Obamacare, open enrollment period this fall by 90 percent. The remaining $10 million will be spent not on TV ads, but the focus will be on radio and digital ads. Funding for navigators, the people who help enrollees through the process of finding insurance, is also being cut, by 41 percent. The navigator groups will receive $37 million.

The open enrollment period itself is being . Last year, the window to sign up for 2017 insurance was from Nov. 1, 2016 through Jan. 31, 2017. This year, the enrollment period is only six weeks, from Nov. 1 until Dec. 15.

Resources for Insurance Enrollment Available

If you don't have health insurance, you can sign up during this fall's open enrollment period for 2018 coverage. In New Mexico, the health insurance exchange is . For help buying insurance on the exchanges, you can speak with an enrollment counselor. There are several https://www.bewellnm.com/ enrollment centers around New Mexico , where enrollment counselors can help you get health insurance.

Enrollment counselors can help you find insurance on the exchange, but they cannot give you advice on which plan might be best for you. can give you advice about choosing the right plan, and according to https://www.bewellnm.com/ , an insurance broker is compensated by the insurance company, not by you.

Health Insurance Still Matters If You're Applying for Disability

Recently, the wait list for disability hearings at the Social Security Administration . The average wait time for a hearing has risen over the past few years to 602 days, as of Sept. 18. Last year, 7400 people on the wait list had already died waiting for their hearings. The nearly two-year wait is longer than many disabled people have left to wait.

Congress appropriated $90 million in its Consolidated Appropriations Act of 2017 for the SSA to reduce its hearing backlog. SSA's plan, called Compassionate and Responsive Services (CARES) had not met its goals of lowering both the average wait time for a hearing and the number of hearings pending by June 2017.

SSA attributes its difficulties in lowering the backlog to insufficient support staff, although it has hired more Administrative Law Judges in the past few years. Hiring freezes, both within the SSA and government-wide, have contributed to this problem. Unfortunately, even with adequate funding from Congress, SSA only expects to reach its processing time goal of 270 days in 2022.

In conclusion, Obamacare health insurance is still available for 2018, even though it's not being promoted, and there is help available to get insurance on the exchanges and to find a plan that's right for you. If you're seeking disability benefits and waiting for a hearing, be sure you have health insurance in place for 2018-the wait for a disability hearing is long and it's not going to get better anytime soon.

Related: Medicaid Expansion's Major Impact in New Mexico; What Should You Do If Your Disability Application Is Denied?

# data[].attributes.attachment_link.title
SSA Hearing Backlog Tops 1 Million While Obamacare Ad Budget Slashed, Though Insurance Still Available

# data[].attributes.attachment_link.description
The Trump Administration has cut the advertising budget for the Affordable Care Act (ACA), or Obamacare, open enrollment period this fall by 90 percent. The remaining $10 million will be spent not on TV ads, but the focus will be on radio and digital ads.

# data[].attributes.headline
Are Social Security Disability Benefits Available for Diabetes?

# data[].attributes.subject
Are Social Security Disability Benefits Available for Diabetes?

# data[].attributes.attachment_link.readable_text
Is it possible to get Social Security disability payments for diabetes? Maybe. Some people with diabetes are successful in their disability claims, but it can be challenging.

There is no listing for diabetes in the Social Security Administration's Blue Book , which is SSA's manual for what a claimant has to show in order for an administrative law judge to award disability benefits. People who are disabled by diabetes have to qualify for disability benefits under another listing.

Two Types of Diabetes

There are two recognized types of diabetes-type 1 diabetes, which is a chronic autoimmune disease where a person's pancreas cannot produce insulin to regulate blood sugar levels. Only 5-10% of people with diabetes have type 1, which usually manifests in childhood. The majority of people with diabetes have type 2 diabetes, which typically manifests in adulthood, although in recent years, more and more young people and children are being diagnosed with both types of diabetes.

Type 2 diabetes happens when a person becomes resistant to the insulin that their body produces, and so cannot metabolize blood sugar. Risk factors include being more than 45 years old, obesity, high blood pressure, and leading a sedentary lifestyle.

So, if you have diabetes and it's made you disabled, how can you get disability benefits from SSA without a specific Blue Book listing for diabetes? You may be able to qualify under another Blue Book listing. Diabetes can cause damage to your nerves, limbs, or organs, and some of these common issues can be Blue Book listings.

Complications From Diabetes Can Be Disabling

Complications from diabetes often are listed independently in the Blue Book , like peripheral neuropathy, where a person experiences tremors, partial paralysis, or involuntary movements in at least two extremities that keep them from being able to walk or use their hands. Other complications from diabetes that are listed independently in the Blue Book include kidney failure, cardiovascular problems, vision problems, and amputation of a limb. So someone whose diabetes caused a leg to have to be amputated could try to qualify for disability because their leg was amputated, not because they have diabetes. It would be the same Blue Book listing as someone whose leg was amputated for a different reason, like a car accident.

that it's important to list and provide documentation for all your symptoms when applying for disability benefits with SSA. Even if you're trying to qualify under a particular listing, like low vision, caused by diabetes, it's important to also show your other symptoms, if you have cardiovascular issues, pain, or other symptoms, even if your symptoms don't all relate to the listing you're trying to qualify under. Your other symptoms may help persuade the judge that you are disabled.

Residual Functional Capacity-Is There Other Work You Can Do?

In addition to evaluating whether an applicant meets a Blue Book listing to qualify for disability, the SSA will also make a determination about the applicant's Residual Functional Capacity (RFC). Residual Functional Capacity is an evaluation of what sort of work a person is capable of doing, whether it's the job or field they used to work in, or not. If you used to work with heavy machinery, but your diabetes caused tremors in your hands that keep you from doing that kind of work, the judge may decide that you could still do some type of sedentary work.

Judges also may consider a medical-vocational allowance, which takes into account an applicant's age, education level, and work history, in addition to the person's RFC. This way, an older person without much education might not be expected to do extensive retraining and begin a new career late in life, if they have complications from diabetes that keep them from doing the work they used to do. This becomes relevant in discussions about getting disability benefits for complications from diabetes, because most people who have diabetes develop type 2 diabetes later in adulthood.

It can be a difficult and roundabout process for people with diabetes to qualify for disability benefits from SSA, but it is possible for people whose complications from diabetes can qualify them under a Blue Book listing for the complication, not the diabetes itself, to receive benefits. Be sure to show medical evidence for all your symptoms, for the complication you're trying to qualify under and other issues.

Photo courtesy Agencia Brasil Fotografias, licensed under creative commons.

# data[].attributes.attachment_link.title
Are Social Security Disability Benefits Available for Diabetes?

# data[].attributes.attachment_link.description
Is it possible to get Social Security disability payments for diabetes? Maybe. Some people with diabetes are successful in their disability claims, but it can be challenging. There is no listing for diabetes in the Social Security Administration's Blue Book , which is SSA's manual for what a claimant has to show in order for an administrative law judge to award disability benefits.

# data[].attributes.headline
What If My Disabling Condition Isn’t In the Blue Book?

# data[].attributes.subject
What If My Disabling Condition Isn’t In the Blue Book?

# data[].attributes.attachment_link.readable_text
Disabling conditions as defined by the Social Security Administration are physical or psychological conditions severe enough to prevent a person from working and earning "gainful income" for at least one year. The SSA determines whether a health problem is disabling and warranting benefits by reviewing a claimant's application, physician's reports, results of laboratory tests and imaging scans. The Social Security disability review board also looks at a claimant's past work history to ascertain if the claimant could perform other types of work.
What If My Condition is not Listed in Disability Blue Book?
Although the number of disabling conditions listed in the disability Blue Book seems small (just over 100), each condition offers additional criteria under which a claimant could qualify for benefits. For example, melanoma (skin cancer) found in the Blue Book includes different kinds of skin cancers, the stages of skin cancer (early, metastasized, etc) and skin carcinomas that have reached into bone or muscle. Chances are a claimant with skin cancer will meet enough symptomatic criteria listed under this disabling condition to be approved for benefits.

However, if a claimant's condition and symptoms does not match a disability Blue Book exactly, the SSA review board will need to determine if the condition is similar enough to another listed condition. Although migraines are not considered a disabling condition, the side effects of migraines, such as seizures or other nervous system disorders, are listed in the book's neurological section as potentially disabling medical issues. In this case, a claimant may be awarded Social Security disability benefits due to experiencing neurological issues because of migraines.
Will I Qualify for Benefits If I Have Multiple Conditions Not Listed in the Blue Book?
Possibly, if these conditions exacerbate each other to the point of causing disability. While people with high blood pressure won't typically qualify for benefits, people with diabetes, hypertension and arthritis may qualify if Social Security agrees the symptoms produced by the combination of these chronic diseases commensurate with another listing.For legal assistance obtaining Social Security disability, please call Decker Law Office today. We may be able to help you obtain SSD benefits even if your condition is not listed in the Blue Book.

# data[].attributes.attachment_link.title
What If My Disabling Condition Isn't In the Blue Book?

# data[].attributes.attachment_link.description
Disabling conditions as defined by the Social Security Administration are physical or psychological conditions severe enough to prevent a person from working and earning "gainful income" for at least one year. The SSA determines whether a health problem is disabling and warranting benefits by reviewing a claimant's application, physician's reports, results of laboratory tests and imaging scans.

# data[].attributes.headline
Why Is The Alleged Onset Date So Important?

# data[].attributes.subject
Why Is The Alleged Onset Date So Important?

# data[].attributes.attachment_link.readable_text
When applying for SSD, the application will include a question asking when the disability began. This "alleged onset date" or "disability onset date" is important because it helps determine whether the application will be approved and may influence how much disability back pay an applicant is entitled to receive. However, what an applicant considers the alleged onset date may differ from what the Social Security Administrations decides is the real disability onset date. For example, if someone is applying for SSD because of a severe illness, the SSA does not want the date the illness was initially diagnosed by a physician. Instead, the SSA considers the disability onset date as the date on which the illness prevented the applicant from working any longer.

What Factors Impact SSD Decisions Regarding Alleged Onset Date?

The date on which an applicant was no longer able to earn $1180 per month (current SSA income limits) is the alleged onset date. However, if an applicant continued working while suffering an illness or medical condition and earned at least $1180 in one month, the SSA may conclude that applicant is not disabled.

The disability onset date for a traumatic disability is the date the injury occurred. With traumatic disabilities, the Social Security Administration assumes the applicant will be unable to work continuously for one year or more.

Why is the Alleged Onset Date So Important?

If the SSA suspects an applicant is not being truthful about the disability onset date, they could delay or permanently deny their application for benefits. In addition, approval for SSDI means applicants are entitled to retroactive benefits. A lump sum retroactive benefit may amount up to 12 months' worth of benefits if the SSA determines the claimant was indeed disabled for that time. Putting down an incorrect disability onset date could result in an applicant losing thousands of dollars they are rightfully entitled to receive.

Are Most Initial SSD Decisions Denials?

Disability attorneys deal with resubmitting SSA denials every day primarily because the person provided inaccurate information to the SSA about their onset date, medical condition severity and ability to perform work tasks. Don't take the chance of waiting months for benefits approval. Call the Decker Law Office today for legal assistance with your disability benefits application.

# data[].attributes.attachment_link.title
Why Is The Alleged Onset Date So Important?

# data[].attributes.attachment_link.description
When applying for SSD, the application will include a question asking when the disability began. This "alleged onset date" or "disability onset date" is important because it helps determine whether the application will be approved and may influence how much disability back pay an applicant is entitled to receive.

# data[].attributes.headline
What mental disorders qualify for Social Security disability?

# data[].attributes.subject
What mental disorders qualify for Social Security disability?

# data[].attributes.attachment_link.readable_text
Mental disorders qualifying someone to receive Social Security disability benefits not only include serious mental illnesses like schizophrenia, bipolar disorder and general psychosis but also severe depression, anxiety, phobias and obsessive-compulsive disorder. The SSA may approve a claim for a mental disorder if the applicant proves they cannot engage in "gainful" employment, cannot be trained sufficiently enough to maintain employment and has suffered from the mental disorder for at least one year.

What Categories of Mental Disorders are found in the SSA Blue Book?

Medical and clinical information needed to be approved for Social Security disability is the same for both SSI and SSDI benefits. A disabling mental disorder should fall into one or more of the following categories:

Psychotic disorders: schizophrenia, schizo-affective, paranoid delusions and psychosis may qualify an applicant for a Compassionate Allowance. This type of benefit allows applicants to begin receiving SSA payments almost immediately.

Organic disorders: dementia, Alzheimer's disease and other conditions affecting the brain physically typically qualify for SSI or SSDI benefits.

Anxiety and depression: major depression, panic disorder, phobias and generalized anxiety disorder may prevent someone from earning a living. However, applicants must demonstrate unequivocally that their anxiety and/or depression has not responded to treatment and continues interfere significantly with an applicant's quality of life.

Personality disorders: applicants diagnosed with severe personality disorders such as schizoid, paranoid, schizotypal, obsessive-compulsive or antisocial may qualify for Social Security disability.

Is Getting Approved by the SSA Difficult for People with a Mental Disorder?

It could be. Diagnosing mental health issues is, in some cases, a subjective call since most mental disorders do not involve physical abnormalities affecting the brain. When determining whether an applicant is indeed disabled by a mental disorder, the SSA will also take a person's ability to perform daily activities and household tasks into account before approving or denying the application. Not including the appropriate documentation written by psychiatrists, psychologists, physicians and counselors could delay processing of an SSI or SSDI benefits application.

For assistance with compiling an application for a mental disorder, call Decker Law Office today to schedule a consultation with an experienced disability lawyer.

# data[].attributes.attachment_link.title
What mental disorders qualify for Social Security disability?

# data[].attributes.attachment_link.description
Mental disorders qualifying someone to receive Social Security disability benefits not only include serious mental illnesses like schizophrenia, bipolar disorder and general psychosis but also severe depression, anxiety, phobias and obsessive-compulsive disorder.

# data[].attributes.headline
Factors that Determine how much Social Disability a Person Receives?

# data[].attributes.subject
Factors that Determine how much Social Disability a Person Receives?

# data[].attributes.attachment_link.readable_text
Every year, millions of American workers find themselves suffering from a disabling health condition that prevents them from maintaining a regular work schedule and prevents them from earning enough income. Luckily, the Social Security Administration provides disability or SSD benefits to help them make ends meet. However, proving eligibility can be difficult, depending on the type of health condition you have and the severity of your diagnosis. It can also be difficult to determine how much your disability payment will be each month before you apply. Keep reading to learn more about the SSD process and which disability factors result are used to determine your benefits.

Disability Factors: How to Determine Your Disability Payment

How much money you receive each month from the Social Security Administration depends greatly on 2 main disability factors. These include:

· Which type of benefits you're eligible to receive. (SSI or SSDI)

· How much money you have earned and paid into the Social Security system in your lifetime.

Every year, the Social Security Administration should send out a statement that details how much money you would be entitled to if you became disabled at the same time that the statement was prepared. Typically, this is the best way to determine how much disability benefits you are eligible to receive each month.

Requesting a New Statement

If you don't have a copy of your Social Security Statement on hand or you've never gotten one in the mail, you can contact the Social Security Administration to request a copy. Just be aware that it can take anywhere from 3 to 4 weeks from the day that you request the new copy before it ends up in your mailbox. If you are unable to wait for a new copy to be mailed to you, you can also visit the Social Security Administration benefits calculator online to see how much you may receive monthly, should you qualify for benefits.

# data[].attributes.attachment_link.title
Factors that Determine how much Social Disability a Person Receives?

# data[].attributes.attachment_link.description
Every year, millions of American workers find themselves suffering from a disabling health condition that prevents them from maintaining a regular work schedule and prevents them from earning enough income. Luckily, the Social Security Administration provides disability or SSD benefits to help them make ends meet.

# data[].attributes.headline
Advice & Tips for Worker’s Compensation Disputes

# data[].attributes.subject
Advice & Tips for Worker’s Compensation Disputes

# data[].attributes.attachment_link.readable_text
Just about every American has to work in order to survive. Since labor is such a central part of our lives, every person deserves a safe and productive working environment. Fortunately, there are laws in place designed to protect the rights of the worker that will help ensure you get the coverage you deserve should you ever sustain an injury on the job. Here are some workers compensation tips for any disputes.

Understand Your Benefits

The benefits you can receive after you're injured or disabled on the job are typically separated into several different categories, and you'll only be eligible for a portion. The varying categories are as follows:

· Medical Treatment: These benefits cover the costs of any medical treatments you may require after your injury.

· Disability Benefits (Temporary): While you are recovering from your injury, these benefits will cover any lost wages.

· Disability Benefits (Permanent): Should your injury be more severe and long-lasting, these benefits will offer you compensation for permanent physical impairments.

· Job Training: These benefits cover the costs of finding and training for different work that's more applicable to any new work restrictions.

· Travel: The cost of traveling to doctors and physical therapists can also be eligible for coverage.

Hire a Workers' Compensation Attorney

If your employer is denying you the benefits you deserve, it's generally a good idea to hire a workers compensation attorney to represent your interests in court. Without an attorney on your side, it can be hard to get the full benefits you're entitled to. Some employers will even ignore your requests for information or appeals, as they may not take self-representation seriously.

Questions

To learn more about winning workers' compensation disputes, get in touch with the Decker Law Office. Benjamin Decker is a licensed attorney with years of experience and a history of victories in workers' comp cases, and he'll be happy to answer any questions you may have about your case. Contact us today for a free consultation.

# data[].attributes.attachment_link.title
Advice & Tips for Worker's Compensation Disputes

# data[].attributes.attachment_link.description
Just about every American has to work in order to survive. Since labor is such a central part of our lives, every person deserves a safe and productive working environment. Fortunately, there are laws in place designed to protect the rights of the worker that will help ensure you get the coverage you deserve should you ever sustain an injury on the job.

# data[].attributes.headline
Can I Accept Financial Help While Applying SSDI?

# data[].attributes.subject
Can I Accept Financial Help While Applying SSDI?

# data[].attributes.attachment_link.readable_text
If you're sick or injured and no longer able to work, it can be a significant strain on your finances. In addition to healing, you also face the stress of ongoing financial responsibilities, and the approval process for Social Security Disability (SSDI) can be long and tedious.

ortunately, accepting financial help from friends or family is acceptable, even after you've been approved for benefits. SSDI is not need-based, so it isn't affected by unearned income.

What if My Spouse or Family Member Earns Income?

The main criteria in SSDI is an established work history. Your benefits are based on your previous earned income and what you've paid into Social Security taxes to the Social Security Administration (SSA). Because of this, you can still qualify for disability independent of your household income.

How Can an Attorney Help With Applying SSDI?

Social Security disability applications can be challenging, making it difficult to understand your rights and requirements. An attorney can help you through this process and advocate for you to be sure you get what you're entitled to.

Here are some of the services an SSI attorney can provide:

·File thorough, persuasive applications.

·Obtain medical records and evidentiary support for claims.

·File timely appeals upon denial.

·Expedite claims in certain circumstances.

·Ensure you get the benefits you deserve.

Looking for an SSI Attorney?

When you hire a lawyer to handle your Social Security disability claim can, it can take a huge weight off your shoulders and help you get the benefits you're entitled to. Decker Law Office has handled numerous disability cases with SSA, so contact us today for your free consultation!

# data[].attributes.attachment_link.title
Can I Accept Financial Help While Applying SSDI?

# data[].attributes.attachment_link.description
If you're sick or injured and no longer able to work, it can be a significant strain on your finances. In addition to healing, you also face the stress of ongoing financial responsibilities, and the approval process for Social Security Disability (SSDI) can be long and tedious.

# data[].attributes.headline
Can a Child Get SSI Disability for Fetal Alcohol Syndrome?

# data[].attributes.subject
Can a Child Get SSI Disability for Fetal Alcohol Syndrome?

# data[].attributes.attachment_link.readable_text
Children with fetal alcohol syndrome (FAS) or those with a condition that falls on the fetal alcohol spectrum are typically able to get Supplemental Security Income (SSI) benefits. There are several listings that the Social Security Administration (SSA) when considering children and adults who struggle with fetal alcohol syndrome. If a child meets any of these criteria, it should be possible to get benefits. And even if the child does not meet criteria exactly, it still may be possible to get benefits if the child is impaired in some way.

What is Fetal Alcohol Syndrome?

FAS is a condition that results from alcohol abuse during pregnancy. The alcohol abuse causes problems with the development of the child, problems that continue from birth through adulthood. There are many different symptoms related to FAS. Children with FAS may exhibit some child disability symptoms but not all, and the symptoms can vary based on the age of the individual. These symptoms can include:

Low weight at birth

Deformities

Organ problems

Difficulty sleeping

Learning disabilities

Delays in normal development

Problems with behavior

How Does a Child Qualify for Disability Benefits?

The simplest way to qualify for benefits from the SSA is to meet a disability listing. There are a variety of listings related to FAS, such as Listing 100.00 - Low Birth Weight and Failure to Thrive. If the child meets the requirements of the listing, then applying for benefits becomes relatively straightforward. Apply for benefits and include a medical diagnosis and it should be possible to start getting benefits.

Sometimes a child disability may not meet every criteria of a listing. If this is the case then it is often still possible to get benefits. Doing so requires showing that the child's limitations equal the limitations of a listing functionally. If you can demonstrate that FAS has made it extremely difficult for the child to function normally, you should be able to qualify.

Speaking to an SSI attorney can be helpful if you are uncertain about whether a child qualifies or does not qualify for SSI disability benefits.

# data[].attributes.attachment_link.title
Can a Child Get SSI Disability for Fetal Alcohol Syndrome?

# data[].attributes.attachment_link.description
Children with fetal alcohol syndrome (FAS) or those with a condition that falls on the fetal alcohol spectrum are typically able to get Supplemental Security Income (SSI) benefits. There are several listings that the Social Security Administration (SSA) when considering children and adults who struggle with fetal alcohol syndrome.

# data[].attributes.headline
How Much Do You Get for a Workers Compensation Benefits Settlement?

# data[].attributes.subject
How Much Do You Get for a Workers Compensation Benefits Settlement?

# data[].attributes.attachment_link.readable_text
Multiple factors determine how much an injured worker receives from a workers compensation benefits claim. Most of these factors involve what happened to the worker as a result of the accident-severity of injury, whether body parts sustained complex injuries and if the impairment is permanent. In most cases, an employer and their insurance company will evaluate medical care costs and wage loss benefits to settle on an amount paid out at some point in the future. A settlement's value may also increase if the injured employee proves they will need additional and/or ongoing treatments.

How Much Can I Get from Permanent Partial Disability Workers Compensation?

When injuries suffered at work result in a permanent impairment but the employee is not totally disabled, they may qualify for permanent partial disability (PPD) benefits. Some employers may propose settlements of permanent partial disability by offering a specific dollar amount equal to the amount an employee likely receives from their PPD award under their workers compensation claim. Be aware that you must give up something for this benefit, such as arguing whether you are totally and permanently disabled. That's why it vital to getting the most out of your case by hiring a workers compensation attorney specializing in this type of litigation.

Should You Accept a Settlement Offered By Your Employer?

Settlements are guaranteed benefits. If you do not take a settlement offer and the case is appealed, a judge could rule in favor of the employer. Alternately, you could appeal a settlement offer and win substantially more than what was offered in the settlement.

Also consider you may have to relinquish your right to ongoing medical treatments. If your doctor has told you surgery may be needed or that you will have to take expensive medications to treat your injury, it may not be in your best interest to accept a settlement offer.

Before proceeding with your workers compensation claim, call the Decker Law Office today to make a consultation appointment with a workers compensation attorney. We may be able to help your workers compensation Mexico claim case as well.

# data[].attributes.attachment_link.title
How Much Do You Get for a Workers Compensation Benefits Settlement?

# data[].attributes.attachment_link.description
Multiple factors determine how much an injured worker receives from a workers compensation benefits claim. Most of these factors involve what happened to the worker as a result of the accident-severity of injury, whether body parts sustained complex injuries and if the impairment is permanent.

# data[].attributes.headline
What Disability Benefits Qualify as Earned Income for EITC?

# data[].attributes.subject
What Disability Benefits Qualify as Earned Income for EITC?

# data[].attributes.attachment_link.readable_text
The Earned Income Tax Credit (EITC) is a tax credit for people filing head of household, married filing jointly, single or as a qualifying widower who have adjusted gross incomes not exceeding specific yearly income limits as established by the IRS.

Earned Income for EITC and Disability Benefits

The Internal Revenue Service (IRS) does not consider disability benefits as earned income. Therefore, people on SSI or SSDI cannot claim the earned income tax credit. The IRS considers earned income as wages that you have paid federal, state and local taxes on. However, the IRS does classify disability retirement payments as earned income until the recipient of disability retirement benefits reaches their minimum retirement age. This is the earliest age an individual could have received an annuity or pension if they had not become disabled.

Can Someone Receive Disability Benefits and Qualify for the Earned Income Tax Credit?

In some cases, yes. A person receiving SSDI or SSI who is filing a joint return with a working spouse may qualify for the EITC. Additionally, working individuals who fall within the income guidelines for claiming their earned income for EITC can claim a disabled child regardless of the child's age if the child is totally and permanently disabled.

Can EITC Refunds Affect Disability Benefits?

Refunds received from the Child Tax Credit or the Earned Income Credit will not affect disability payments because tax refunds are not considered "earned" income.

If you receive SSDI or SSI and are having difficulty understanding tax laws regarding your benefits, contact Decker Law Firm today for immediate assistance from an experienced disability lawyer. You could be missing out on taking advantage of the earned income tax credit without realizing it. Call today to schedule an appointment about disability benefits and the EITC.

# data[].attributes.attachment_link.title
What Disability Benefits Qualify as Earned Income for EITC?

# data[].attributes.attachment_link.description
The Earned Income Tax Credit (EITC) is a tax credit for people filing head of household, married filing jointly, single or as a qualifying widower who have adjusted gross incomes not exceeding specific yearly income limits as established by the IRS. The Internal Revenue Service (IRS) does not consider disability benefits as earned income.

# data[].attributes.headline
How does the Social Security Disability Review work?

# data[].attributes.subject
How does the Social Security Disability Review work?

# data[].attributes.attachment_link.readable_text
Social Security disability benefits are not always guaranteed lifetime benefits. How long you receive benefits depends heavily on the type of health problem affecting your ability to work. Periodically, a disability review is held to determine if someone receiving SSI or SSDI is still eligible to receive these benefits. Primary criteria impacting eligibility for social security benefits is work activity and medical improvement.

How Does the Social Security Administration Establish Review Dates?

Generally, disability review dates are categorized according to three categories of benefits: improvement (in a person's health) is likely; improvement is possible and improvement is impossible. If someone has an open social security case under the "improvement likely", a disability review board will review their case every one to two years. "Improvement likely" cases are reviewed every three years. "No improvement" cases signify that a disability review will be conducted every seven years.

What Happens If Social Security Reviews My Case Too Early?

Reviews can be triggered at any time if the beneficiary starts working part-time or full-time or their medical condition has improved or degenerated. The Social Security Administration can legally access an individual's earnings reported by employers to the Internal Revenue Service. Work alerts are generated when a name and/or social security number in the SSA system is triggered by incoming employment information from the IRS. Recipients of SSDI or SSI should always report returning to work as soon as possible to avoid a "trigger" and possible repayment of "overpayments" by the SSA.

How is a Social Security Disability Review Performed?

When it is time for a medical review, the SSA contacts the beneficiary of SSDI or SSI payments by mail informing them of an upcoming appointment. In some cases, individuals with permanent disabilities (Down's syndrome, amputees, etc) will need to simply fill out forms and return them by mail.

Problems may arise during a disability review if the SSA does not receive accurate information. Mistakes can and do happen. To ensure your disability reviews are handled appropriately, contact Decker Law Office to schedule a consultation appointment with an experienced disability lawyer.

# data[].attributes.attachment_link.title
How does the Social Security Disability Review work?

# data[].attributes.attachment_link.description
Social Security disability benefits are not always guaranteed lifetime benefits. How long you receive benefits depends heavily on the type of health problem affecting your ability to work. Periodically, a disability review is held to determine if someone receiving SSI or SSDI is still eligible to receive these benefits.

# data[].attributes.headline
What Will Social Security Do When It Finds an Overpayment?

# data[].attributes.subject
What Will Social Security Do When It Finds an Overpayment?

# data[].attributes.attachment_link.readable_text
A Social Security overpayment occurs when changes to a recipient's circumstances, such as employment or access to new resources, are not provided to the SSA in time to adjust monthly benefits. If the SSA thinks it has overpaid you, they will send a notice via mail about the overpayment that contains information regarding why you were overpaid. In some cases, social security beneficiaries have lawyers who provide representation when problems with the SSA arise. A Social Security overpayment attorney will receive notices of overpayment instead of the beneficiary.

How Does the SSA Collect Overpayments?

Overpayments to SSDI recipients are collected by withholding a monthly benefit check until an overpayment is paid in full. Withholdings begin 30 days after the beneficiary has received a notice in the mail about a Social Security overpayment. In cases of financial emergency, the SSA may approve requests to withhold smaller amounts.

Overpayments to SSI recipients are handled differently than SSDI overpayments. If you receive SSI, the Social Security Administration will withhold 10 percent of your monthly benefits. Withholdings for SSI overpayments begin about 60 days after the recipient has received notice in the mail about the overpayment.

If you stop receiving benefits but receive notice of an overpayment, you must either send a check covering the overpayment or call the SSA to make arrangements for repaying the overpayment.

What Happens to People Who Do Not Repay a Social Security Overpayment?

The SSA has several options:

They can take your federal or state refund check

They can garnish your wages

They can withhold future SSDI or SSI benefits

They can report nonpayments for overpayments to the credit bureau

The only time a person may be prosecuted and jailed for an overpayment is if the SSA can prove outright fraud on the part of the beneficiary.

How Can a Social Security Overpayment Attorney Help?

If you have received a notice of overpayment from the SSA and disagree with the ruling or amount overpaid, the attorneys at Decker Law Office can appeal your case if the information you provide warrants a social security overpayment appeal. Call today to learn more about appealing and winning your social security overpayment case.

# data[].attributes.attachment_link.title
What Will Social Security Do When It Finds an Overpayment?

# data[].attributes.attachment_link.description
A Social Security overpayment occurs when changes to a recipient's circumstances, such as employment or access to new resources, are not provided to the SSA in time to adjust monthly benefits. If the SSA thinks it has overpaid you, they will send a notice via mail about the overpayment that contains information regarding why you were overpaid.

# data[].attributes.headline
Congestive Heart Failure: Can You Get Social Security Disability Benefits (SSDI or SSI)?

# data[].attributes.subject
Congestive Heart Failure: Can You Get Social Security Disability Benefits (SSDI or SSI)?

# data[].attributes.attachment_link.readable_text
1. Home

2. Blog

3. Congestive Heart Failure: Can You Get Social Security Disability Benefits (SSDI or SSI)?

An introductory paragraph in Heading 4 Text. You can change the type of text within the Text Sprout text editor by selecting the text that you'd like to change and using the text type dropdown in the toolbar.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Integer eu justo nec tortor bibendum adipiscing. Proin quis libero at lorem pharetra hendrerit. Proin rutrum lorem erat, ac imperdiet leo blandit id. Etiam arcu turpis, iaculis id ipsum hendrerit, bibendum pharetra sapien. Aliquam eleifend pulvinar porta. Donec a mi iaculis, pulvinar enim ut, pharetra metus.

Setting Your Featured Image

It is recommended that you set a featured image for every post. Although the Blog Sprout is able to show posts in many different ways, including ways that don't require an image, images improve reader engagement. To set your featured image, click the Meta View circle in the bottom right which will bring up the meta window. You can set your image by clicking "Set Featured Image" in the bottom right.

# data[].attributes.attachment_link.title
Congestive Heart Failure: Can You Get Social Security Disability Benefits (SSDI or SSI)?

# data[].attributes.attachment_link.description
Home Blog Congestive Heart Failure: Can You Get Social Security Disability Benefits (SSDI or SSI)? An introductory paragraph in Heading 4 Text. You can change the type of text within the Text Sprout text editor by selecting the text that you'd like to change and using the text type dropdown in the toolbar.

# data[].attributes.headline
Social Security Disability Benefits for Endocrine System Disorders

# data[].attributes.subject
Social Security Disability Benefits for Endocrine System Disorders

# data[].attributes.attachment_link.readable_text
Have you recently been diagnosed with one kind of several different endocrine system disorders? If so, you might need support with filing your application for a disability claim or to assist you if your first application was denied.

The Social Security Administration uses a volume called the Blue Book to look at your medical condition and the records that support it in conjunction with the disabilities named in that Blue Book to determine whether your claim will be approved or not. Since this has tremendous influence on the outcome of your case, it is smart to have the support of a knowledgeable disability representative to help you with your application from the very beginning.

What Are Endocrine System Disorders?

The body's endocrine glands produce hormones that are released into the bloodstream. From that point, those hormones disperse to various organs in the body. If the level of hormones for a person is out of balance, this means that they could have a disorder of the adrenal glands, the pancreas, the thyroid gland, or the pituitary gland.

If you have been unable to work for a year or longer because of your endocrine disorder and your diagnosis meets with the disability benefits listed in the Blue Book, you should be eligible to receive benefits payments. If your condition is severe enough, you might qualify for Supplemental Security Income or Social Security disability benefits. Within the agency's Blue Book, the endocrine disorders are explained in Section 9.00.

You can look through this book with the help of endocrine disorders representatives to know whether or not your condition is likely to meet the eligibility grounds.

Specific Endocrine System Disorders That Could Qualify for Disability

For pituitary gland disorders, the primary connection here has to do with a diagnosis of diabetes insipidus under listing 6.00. This condition can develop when the gland releases too many hormones in a manner that damages kidney function.

An imbalance of the thyroid gland can lead to rated disability conditions in the Blue Book like weight loss due to a digestive order, stroke, mood disorders and anxiety, and arrhythmia.

If the parathyroid gland malfunctions for a patient, this can cause issues like tetany (a neurological disorder), cataracts, osteoporosis, and kidney system failure.

Adrenal gland disorders can have far-reaching impacts in the body of an affected patient. This can lead to Cushing syndrome, hypertension, osteoporosis, weight loss, and mood disorders.

If your pancreatic gland is your form of endocrine system disorder, diabetes can be caused by this condition. A range of serious medical issues have been linked to pancreatic gland issues such as diabetic neuropathy, coronary artery disease, amputations, eating disorders, intestinal necrosis, seizures, and more.

What to Know About Your Disability Listing

Medical evidence will be reviewed closely by the SSI to determine whether or not your endocrine system disorder is serious enough to warrant you being out of work for a year or longer. Furthermore, the SSA will look at whether or not your existing endocrine disorder caused bodily damage that might make you eligible under another listing type.

One common issue that forms the basis of endocrine systems disorder disability denial is the claim that you might suffer from the condition but that the agency does not find it to be severe enough to make you eligible for disability payments. The kinds of evidence reviewed by the SSA include statements from family and friends, your own testimony about your condition, and your medical records. However, even when you believe all of this information supports your claim for disability benefits, you might be denied the first time around.

Having an endocrine systems disorder advocate to help you with your claim can enable you to respond promptly to a denial so that you can get the help that you need. The most important piece of evidence is usually your medical records since this will impact day to day movements such as how well you can go up and down stairs, how well you can interact with your coworkers, and how long you can sit. The SSA looks at whether your doctor has mentioned any of this information in your records and to what extent you have to be restricted.

Appealing a Denial for Endocrine Systems Disorders Disability

It's hard enough to gather the information to submit your application for disability benefits. Getting denied might discourage you from proceeding with an otherwise legitimate claim. Retaining an experienced disability advocate gives you answers to the questions you need and a roadmap.

Endocrine disorders representatives can make this process easier for you and even increase your chances of getting approved the first time around or even after you have been denied. Disability benefits representatives help you focus on what is most important-getting the benefits that you need to be able to move on with your life and maintain your health.

# data[].attributes.attachment_link.title
Social Security Disability Benefits for Endocrine System Disorders

# data[].attributes.attachment_link.description
Have you recently been diagnosed with one kind of several different endocrine system disorders? If so, you might need support with filing your application for a disability claim or to assist you if your first application was denied.

# data[].attributes.headline
Comparison of Federal Social Security Disability vs. State disability vs. Private Insurance Disability Benefits

# data[].attributes.subject
Comparison of Federal Social Security Disability vs. State disability vs. Private Insurance Disability Benefits

# data[].attributes.attachment_link.readable_text
Being injured on the job or recently suffering a serious medical condition that makes it impossible for you to work can open the door to receiving benefits from a variety of different programs. Understanding how these works, however, and initiating the right applications, is not always easy. Whether you're looking for information about state disability programs, private disability programs, or federal Social Security disability, this article will help you understand your next steps.

If your family or you personally were relying on your income to pay your bills, it can be a significant financial hardship to realize that your condition is serious enough that you won't be able to go back to work. Since there are a few different programs in place to help you when your diagnosis makes it difficult for you to maintain or regain employment, you need to do the necessary research to decide what route to take, possibly with the help of a social security disability attorney in New Mexico to guide you through the process.

Private Disability Programs

If you were employed at the time of your diagnosis or you maintained your own private disability policy, you could be eligible for benefits from that carrier. These insurance policies are managed by big insurance carriers and all have different requirements and eligibility rules. When you first apply for this insurance coverage, you might be requested to go to a medical exam, for example. Once you have been approved for this coverage, you'll want to read the fine print on your limitations and payouts so that you know what you need to do if you do need to file a claim for benefits.

Private disability companies are different from federal Social Security disability in that you can be partially disabled and still get benefits. Federal benefits mandate that you must be fully disabled and unable to work in order to get benefits. Another key difference between those two programs is that Social Security disability does not have limits on how long they will make payments to you. If you remain fully disabled and can't go back to work, you will most likely continue to receive your payments. However, your private disability insurance carrier likely has a maximum time limit under which you are eligible to receive disability payments.

This means your carrier can legally stop payments to you even if you remain disabled beyond that time limit. In some situations, you might be able to get benefits from both Social Security disability and a private disability insurance plan. If you are getting Social Security benefits for disability, your private carrier might decrease the amount they pay to you in order to reflect the fact that you're already getting federal payments. Private disability programs can be a good short term fix if you're eligible.

State Benefits

Some states also have short-term disability benefits available to employees when they can no longer work, but in most cases, these are awarded on a short-term basis. There are five states that have sponsored disability plans: California, New York, Rhode Island, New Jersey, and Hawaii. Since these are all administered at the state level, there are different requirements for each one.

Other differences from one state program to another include how long you must be disabled before you can start an application for benefits, what portion of your salary is paid out by the benefit plan, and how long you must have worked for your employer in order to get those benefits.

Social Security Disability

Due to the long-term nature of Social Security disability payments and the lack of either a state-sponsored or a private disability plan, most people who are looking to apply for disability benefits want to do so at the federal level. The Social Security Administration manages people who have total disability with two payment programs: SSDI and SSI. SSI is available to those disabled people who have never worked and therefore not accumulated the proper credits to get SSDI. Since SSDI is pay by taxes, only eligible adults with a work history can start an application for this program.

In order to submit an application for federal disability benefits, you need to show that you cannot adjust to a new work environment due to your disability, that you cannot return to your previous job because of this disability, and that your disability is severe enough that you won't be able to go back to work for at least one year.

No matter what route you think is right for you, it can be overwhelming to follow all of the rules and requirements to submit your application successfully. This means that you needto be prepared to have all of your medical records organized and present a very strong case that your disability meets all the terms of the relevant program.You should file for disability benefits under your chosen program as soon as you possibly can because it can take time for your application to be received and reviewed in full.

What to Do Next

If you need to start an application for disability benefits, it's important to increase your chances of success by doing the necessary preparation and organization in your case. Doing so can help you avoid being denied the first time around or can help you if you've already been denied and need assistance with your appeal.

Hiring a New Mexico SSDI attorney could be your first step towards getting the benefits that you need to compensate you for your injury or medical condition. If you are denied when you submit your application, do not assume this is the end of the road. Depending on which kind of disability you applied for, you might be able to submit an appeal, but you should be ready to do this immediately to protect your right to keep fighting for those benefits.

With a serious disability, your focus needs to be on your medical care and addressing your symptoms. Allow a knowledgeable lawyer to help you with federal disability programs, state disability programs, or private disability programs can make this process easier for you.

# data[].attributes.attachment_link.title
Comparison of Federal Social Security Disability vs. State disability vs. Private Insurance Disability Benefits

# data[].attributes.attachment_link.description
Being injured on the job or recently suffering a serious medical condition that makes it impossible for you to work can open the door to receiving benefits from a variety of different programs. Understanding how these works, however, and initiating the right applications, is not always easy.

# data[].attributes.headline
Federal District Court Appeals & SSDI Appeals

# data[].attributes.subject
Federal District Court Appeals & SSDI Appeals

# data[].attributes.attachment_link.readable_text
How Are Federal District Court Appeals Different From Other SSDI Appeals?

When someone applies for Social Security disability and is denied, they have the right to appeal and have their case heard before a Social Security administrative law judge (ALJ). Similar to other U.S. states, the process of starting a New Mexico SSDI appeal before an ALJ should be initiated as soon as a denial is received by the SSA. If the ALJ ultimately delivers a second denial on an SSDI claim, then the claimant should hire a disability attorney who will begin the federal district court process of appealing the denial.

What is the Appeals Council?

If an Administration Law Judge denies your claim, you have 60 days from the date of the denial to send your claim to the Appeals Council. Responsible for re-evaluating claim denials made by ALJs, the Appeals Council determines whether a judge made evidential, procedural or other errors in denying a disability claim. The Appeals Council can remand the claim back to the ALJ for a new review, deny the claim, or approve the claim.

If an Appeals Council denies your disability claim, you can either take your claim to Federal District Court or file a new disability claim that contains additional documentation showing your condition has gotten worse and is not responding to treatment.

How Does a Federal District Court Appeal Differ From a Social Security Disability Appeal?

When you take a twice-denied SSDI application to be heard in a federal district court, it becomes a lawsuit meant to determine if the ALJ made errors when deciding whether to approve or deny your application. The job of the judge overseeing a federal district court process involving an SSDI appeal is to state whether a new hearing is warranted or if the ALJ's decision should stand.

People planning to take their denied SSDI claim to a federal district court should know that the Social Security Administration will not help them file their appeal. Once the SSA and the ALJ deny a claim, the SSA asserts the claims process (on their end) is finished. This is the primary reason why federal district court appeals claims should always be handled by an experienced disability attorney. In addition, SSDI applicants have only 60 days to file an appeal with a federal district court in their area. What Happens During the Federal District Court Process?

What Happens During the Federal District Court Process?

A New Mexico SSDI appeal attorney will present arguments to the federal district judge in writing. The Social Security Administration's attorney will also give the judge written arguments defending the decision of the administrative law judge. Finally, the SSDI attorney will read the arguments and file written responses to the arguments.

In most cases, the federal district court process for deciding on an appeal takes between 15 and 18 months. If the federal court judge grants a new hearing for the plaintiff (the person appealing their Social Security disability denials), then another hearing with an ALJ will be scheduled.

If your SSDI claim has been denied by the SSA and an ALJ, please call Decker Law Office today to schedule an appointment with an attorney experienced in handling federal district court appeals for disability claims.

# data[].attributes.attachment_link.title
Federal District Court Appeals & SSDI Appeals

# data[].attributes.attachment_link.description
When someone applies for Social Security disability and is denied, they have the right to appeal and have their case heard before a Social Security administrative law judge (ALJ). Similar to other U.S. states, the process of starting a New Mexico SSDI appeal before an ALJ should be initiated as soon as a denial is received by the SSA.

# data[].attributes.attachment_link.readable_text
What Should I Do If My Appeals Council Case Is Denied?

Around 70% of disability cases are denied by the Social Security Administration the first time around. If you happen to fall into this category, going in front of the Appeals Council can give you a better chance of being approved the second time around. But even if you still don't get the answer you're looking for, you don't have to give up. We'll walk you through the initial process before giving you an idea of what may come next. See how you can get the right people involved in your case, so you don't have to take no for an answer.

What happens if I'm denied by an Administrative Law Judge (ALJ)?

You may already know by now that your case can go to the Appeals Council if it was denied by the ALJ. If it's denied by the Appeals Council, it can be appealed to the Federal District Court. So you essentially have several channels to go through after you've made your initial request:

Application

Reconsideration appeal

Request for hearing appeal

ALJ hearing

Appeals Council (federal court)

Should I file a civil action?

The Social Security Administration will not assist you if you're planning to appeal. You're also not allowed to represent yourself in this matter, despite the system's notorious reputation for its do-it-yourself benefits. Only a federal disability lawyer can file this specific type of appeal. Sometimes, a lawyer may advise you to file a brand-new claim instead of taking the matter to district court. A lawyer can advise you of this based on the merits of your individual case.

What do I need to file?

When you take a disability case to federal court, you'll need:

A written document that states why the Social Security Administration made a mistake.

Copies of the registered complaint and summons issued by the court.

A federal disability lawyer with experience in civil actions and the district courts.

The copies of the complaint should be sent to the SSA via certified mail. This ensures that everyone there is aware of the appeal and has time to prepare if need be.

There is no official timeline for a decision when appealing your case, but it typically takes several months to reach final judgment. And while it may be stressful to wait, having the right attorney by your side can make a difference.

# data[].attributes.attachment_link.description
Around 70% of disability cases are denied by the Social Security Administration the first time around. If you happen to fall into this category, going in front of the Appeals Council can give you a better chance of being approved the second time around.

# data[].attributes.attachment_link.readable_text
Albuquerque Auto Accidents Lawyer

Although auto accidents are common, they can also be devastating. Car and truck collisions can easily cause critical injuries like broken bones, open and closed head injuries, spinal cord injuries, limb amputation, and even death. If you or a loved one have been injured in an auto accident, you may be eligible for financial restitution for your medical bills, lost wages, pain and suffering, lost value of life and other costs directly related to the accident. We can provide you with the resources and the expertise needed to seek out the maximum settlement award in your case.

The Benefits of Speaking with an Auto Accident Attorney in Albuquerque

In order to bring a claim forward for restitution, you must consult with a seasoned auto accident attorney. We can provide you with comprehensive legal representation throughout each stage of your case. When you consult with us about your motor vehicle accident case, we will:

Fully review your case to determine the cause of the accident and if negligence or carelessness was involved

Assist you in filing an accident report and communicating with your insurance company

Assist you in gathering critical documents to support your case, including your medical records, insurance policy information, and photos of the accident

Communicate directly with the other party's legal team in order to negotiate the highest settlement possible

Passionately pursue the case through litigation when an acceptable settlement is unable to be reached outside of court

Connect you with the resources you need to move forward with your life after a devastating accident

Albuquerque understands how difficult auto accidents can be for families, and he is committed to providing each of his clients with legal services of the highest quality.

Auto Accident FAQ

You must have a medical evaluation as soon as possible after the accident. In some car accident cases, the driver or passengers may feel a little banged up, but may not be seriously injured. Regardless of how you feel after the accident, it is imperative that you have a professional medical evaluation as soon as possible. If you do not wish to be transported to the emergency room via an ambulance, you may have someone drive you. However, don't wait to seek medical treatment - failure to obtain an evaluation by a qualified physician soon after the accident could compromise your compensation claim later on.

You may want to wait to settle your case until your medical treatment has been concluded. Many injuries take time to manifest symptoms, and you may be largely unaware of how the accident truly affected your health and well-being until many days, weeks, or even months after the collision. In order to prevent the possibility of being shortchanged on your settlement and not having enough to cover your future medical expenses, it may be in your best interest to wait to settle your case until you have been released by your doctor and have a complete picture of what your medical expenses were.

Photographs of your injuries and the accident are critical to your claim. If possible, take photos as soon as you can after the accident, before your vehicle and the other driver's vehicle have been moved. Also be sure to take photos of your injuries before and during treatment, as well as during the healing process. These photos can provide your attorney and the court with the evidence they need to establish the severity of the accident and the extent of your injuries.

There is a statute of limitations on auto accident claims in Albuquerque. State law mandates that all personal injury claims be filed within 3 calendar years of the original incident. Failure to file your claim within that time period may cause you to forfeit your right to financial compensation for the accident entirely.

You should always contact an experienced Albuquerque auto accident attorney before making any decisions. The other driver may attempt to offer you a check to cover the damage, or their insurance company may pressure you to accept the first settlement offer. Never make any permanent decisions regarding your accident case before speaking to a Albuquerque car accident lawyer.

When to Call a Albuquerque Auto Accident Attorney

Any time you or a loved one are involved in a car accident, you should contact an accident lawyer in your area - even if you don't seem to be critically injured. Exploring to possibility of filing an accident claim with an experienced attorney can help you protect your right to financial compensation for the damages you've incurred.

We fully understand auto accident laws, and he can provide you with the seasoned legal representation you need to elicit the best possible result in your case. Contact Decker Law Office today to discuss your legal needs and to begin forming a plan to obtain the restitution you deserve for your suffering.

# data[].attributes.attachment_link.description
Albuquerque Auto Accidents Lawyer Although auto accidents are common, they can also be devastating. Car and truck collisions can easily cause critical injuries like broken bones, open and closed head injuries, spinal cord injuries, limb amputation, and even death.

# data[].attributes.attachment_link.readable_text
New Mexico Motorcycle Accident Lawyer

New Mexico is known for its high rate of motorcycle accidents. Over the last decade alone, the prevalence of motorcycle accidents across the state has increased substantially. More and more Albuquerque motorcycle accident victims and their families are facing a grave situation.

Unfortunately, motorcycle riding is one of the most dangerous roadway activities. Motorcycle riders are at a high risk for injury in an accident, simply because their body is exposed to the full force of the collision. The risk of critical injury and death increases substantially when motorcycle riders who do not wear a helmet are involved in an accident.

At Decker Law Office, we provide Albuquerque motor cycle accident victims and their loved ones with high quality legal representation in the face of devastating collisions. Our goal is to continue to passionately advocate for the rights of motorcycle crash victims under New Mexico law.

Causes of Motorcycle Accidents

Motorcycle accidents can be caused by a variety of factors, including:

Motorists that fail to pay attention to motorcyclists on the road

Motorists that sideswipe or cut in front of motorcyclists

Debris on the road or poor road maintenance

Motorcycle defects

Aggressive or reckless driving by motorists and/or the motorcyclist

An experienced motorcycle accident attorney will evaluate the events surrounding the accident to help determine what caused or contributed to the accident, and who may be able to be held legally liable for the damages sustained by the victim(s) of the collision.

Common Injuries Caused by Motorcycle Accidents

Motorcycle accidents are often severe. The most frequently seen injuries that result from a motorcycle collision include but are not limited to:

Traumatic brain injury, resulting from open or closed head injuries

Limb amputation

Friction burns

Broken bones

Back injuries that result in partial or total paralysis

Neck injuries and spinal cord injuries

Wrongful death

If you or a loved one have been hurt in a motorcycle accident, do not hesitate to reach out to an experienced personal injury lawyer as soon as possible. You have a limited window of time in which to gather evidence and file a claim for compensation. Failure to bring forward your claim within the statute of limitations for personal injury claims may cause you to forfeit your right to petition the court for restitution entirely.

Contact Decker Law Office LLC Today

At Decker Law Office LLC, we have the skills and resources necessary to provide you with comprehensive legal representation after a motorcycle accident. We will fully investigate your case in order to determine who may be responsible for the collision, and we will work hard to exhaust every potential source of financial compensation available to you.

You do not have to let a motorcycle accident ruin your life. Contact us today for a consultation to discuss your legal options at 505-369-6272.

# data[].attributes.attachment_link.description
New Mexico Motorcycle Accident Lawyer New Mexico is known for its high rate of motorcycle accidents. Over the last decade alone, the prevalence of motorcycle accidents across the state has increased substantially. More and more Albuquerque motorcycle accident victims and their families are facing a grave situation.

# data[].attributes.attachment_link.readable_text
New Mexico Slip And Fall Accidents

Slip and fall accidents are one type of personal injury accident that most often occur between an individual and a business or property owner who was negligent in maintaining the premises of their property. These accidents can involve substances that are only temporarily on a surface, or more permanent obstacles like cracks on a business's walkway. Slip and fall accident lawyers in Albuquerque are frequently essential to prove that the property owner or manager's negligence caused an individual to suffer a significant trip and fall injury.
What Must Be Proven In A Slip And Fall Lawsuit
In order to prevail with a slip and fall claim, an individual typically must retain the services of a skilled slip and fall injury lawyer. A slip and fall personal injury attorney must demonstrate that the property owner or manager of the property in question failed to take the proper precautions to ensure that slipping or tripping was unlikely to occur. A lawyer for a slip and fall accident victim must also demonstrate that the victim exercised reasonable care and that the victim's own negligence did not cause the slip and fall accident. To prevail in a slip and fall lawsuit, legal counsel must demonstrate that: (1) the property owner or manager created the condition, (2) the property owner or manager knew or should have known the condition existed, (3) the property owner or manager failed to correct the condition or adequately warn others, and (4) due to these conditions, the victim suffered a personal injury.
Common Situations In Which Slip And Fall Injuries Occur
The conditions that cause slip and fall accidents most often arise from poorly designed structures and lacks in maintenance. Even more unsafe environments occur when water is leaking or food is spilled and creates slippery surfaces. Wet floor slip and fall accidents can occur in a variety of locations, including apartments, churches, grocery stores, schools, and even the sidewalk. Inadequate lighting in a parking garage or broken glass in a convenience store can easily cause a slip and fall accident.
Injuries Often Resulting From Slip And Fall Accidents
As a slip and fall law firm, our attorneys have seen a variety of injuries due to slip and fall accidents. Common examples of injuries caused by falls include: pulled and stretched tendons, and broken wrists and ankles, fractured clavicles, tailbone bruises or fractures, spinal cord injuries, and head and brain injuries.
Contact A New Mexico Slip And Fall Injury Lawyer
Please contact an experienced slip and fall accident lawyer at Decker Law Office LLC to schedule a consultation if you or a loved one has sustained any one of the many types of slip and fall injuries. An experienced slip and fall lawyer knows how to fight tirelessly to make sure that you receive the compensation that you deserve.

# data[].attributes.attachment_link.description
Slip and fall accidents are one type of personal injury accident that most often occur between an individual and a business or property owner who was negligent in maintaining the premises of their property. These accidents can involve substances that are only temporarily on a surface, or more permanent obstacles like cracks on a business's walkway.

# data[].attributes.attachment_link.readable_text
Albuquerque, New Mexico Personal Injury Lawyer

Accidents happen in New Mexico every day, and unfortunately, many of them lead to critical injuries. Car accidents, on-the-job accidents, and other incidents can cause serious medical issues such as brain injuries, broken bones, and more. Personal injury claims are a way for victims of accidents caused by negligence or carelessness to obtain financial compensation for damages related to the incident. Decker Law Office LLC offers residents of Albuquerque and surrounding areas with veteran legal representation in order to give clients injured in accidents the opportunity to seek the maximum amount of restitution available.

An accident can happen to anyone, anywhere, at any time. Although many people believe accidents to be just that - accidental - the truth is that many incidents are preventable and were simply caused by the carelessness or negligence of another individual or entity. The costs associated with injury-causing accidents can be overwhelming, and in severe cases, they can total millions of dollars or more. Since most people don't expect the worst to happen, many families are financially unprepared for the monetary damage that an accident can do. By reaching out to an experienced New Mexico personal injury attorney, you can learn more about how to bring forward a claim for the full and fair compensation you deserve.

The Benefits of Working With a Personal Injury Lawyer in New Mexico

If you wish to pursue financial restitution for your injuries through a personal injury claim, you need the assistance of a seasoned Albuquerque injury attorney. Decker Law Office LLC has extensive experience working with accident victims and their families, and can provide you with the resources and legal expertise you need to navigate through the complicated process of seeking a positive resolution to your case. When you consult with Decker Law Office LLC, we will:

Investigate the accident to determine who may be held legally responsible for your injuries

Help you gather the necessary documentation to support your case

Communicate directly with the legal team of the opposing party

Assist you in receiving the medical care you need for your injuries, as well as providing you with valuable resources for recovering from an injury-causing accident

Aggressively seek out the maximum settlement available in your case in order to ensure that you and your family have the funds you need to get back on your feet after an accident

Decker Law Office LLC knows how difficult being injured can be for both the victim and his or her family. He is committed to providing his clients with expert legal representation throughout each stage of their case, from the filing of the initial claim to the final verdict.

Personal Injury FAQ

If you were injured at work, you may be eligible for workers' compensation. Workers' compensation benefits that are designed to cover lost wages and medical bills may be available to you if you were involved in an accident while at your job. Learn more about workers' compensation in New Mexico here.

The insurance company will try to get you to take the first settlement offer (and it will likely be much lower than it should be). Something many people don't understand about insurance companies is that their primary objective is to deny a claim, or to settle a case for the least amount possible. The first settlement offer that an insurance company provides is often extraordinarily low, in hopes that the client will accept the settlement quickly without question. Never accept the first settlement offer, as it will likely be much lower than what you need to cover even the basic expenses related to your injures.

There is a statute of limitations on personal injury cases in New Mexico. The state imposes a 3 year statute of limitations, meaning that you must file your case within 3 calendar years of the original incident in order for it to be successful. Most personal injury cases filed after the statute of limitations has passed are thrown out of court.

Evidence is critical in a personal injury case - gather as much documentation as you can. As the plaintiff, you have the burden of proof in a personal injury case. In order to increase your chances of success, gather as much evidence as possible to support your claim. Photographs, witness testimony, video, and other documentation could be critical in establishing the severity of the accident and your injuries.

When to Reach Out to a New Mexico Personal Injury Attorney

If you or a family member have been injured in an accident of any kind, it is imperative that you contact a seasoned Albuquerque, NM personal injury lawyer as quickly as possible after obtaining emergency medical care. By working with an accident attorney immediately after the incident, you can protect your right to financial restitution for the damages you've incurred.

Decker Law Office LLC can provide you with the comprehensive legal representation you need to seek the maximum damage award possible in your case. Call today, 505-369-6272 for a consultation to discuss your legal needs with Decker Law Office LLC, and to learn more about the steps you need to take to move forward after a serious accident.

# data[].attributes.attachment_link.description
Albuquerque, New Mexico Personal Injury Lawyer Accidents happen in New Mexico every day, and unfortunately, many of them lead to critical injuries. Car accidents, on-the-job accidents, and other incidents can cause serious medical issues such as brain injuries, broken bones, and more.

# data[].attributes.headline
Five Tips for Completing a Social Security Disability Application without an Attorney

# data[].attributes.subject
Five Tips for Completing a Social Security Disability Application without an Attorney

# data[].attributes.attachment_link.readable_text
Every claim for social security disability begins with an application. The application is one of the most important components of a successful disability claim for a few reasons. First, it the SSA claims examiner their initial impressions of your case and we all know the importance of first impressions. Second, the SSA claims examiners will use the information contained in the application to investigate your case and obtain the medical information necessary to determine the merits of your claim. Third, if your case goes to hearing, the administrative law judge will consider the statements contained in the application along with your medical records and live testimony in determining whether or not you are disabled.

The social security administration allows claimants to represent themselves throughout the disability determination process. There is no rule that requires a claimant to retain an attorney. That being said, many claimants chose to hire an attorney because (1) attorney fees are capped and contingent upon victory; (2) attorneys are legal professionals trained in advocacy and argument; and (3) a competent attorney will develop the record over the course of the case and ensure a better chance of success in the appellant courts should your claim ultimately be denied.

If you decide to make a claim for social security disability and represent yourself, here are five tips to consider when filling out your initial application.

DO YOUR HOMEWORK

The initial application for disability benefits (hereinafter referred to as "initial application") takes a lot of time and effort to successfully complete. It has two primary components (1) the initial application and (2) the disability report. The application can be completed online or in person with a representative of your local social security administration field office. Regardless of whether you fill out the application by yourself or at the field office, it is important to make sure that you have all the necessary information handy. I suggest you take the time to read the initial application and disability report before completing them to make sure you can answer all the questions.

At the very least you should prepare a complete list of all your medical providers including their contact information and dates of treatment as well as a list of your prescriptions and the identity of the prescribing physician before you start the application. In my practice, clients often have difficulty remembering their medical history with sufficient detail to complete the application. A competent attorney can lead his or her client through a line of questioning designed to elicit the detail necessary to provide the SSA with a complete medical history. For reasons that will be discussed below, a complete medical history is one of the most important parts of the initial application.

UNDERSTAND THE PURPOSE OF THE APPLICATION

The primary purpose of the initial application is to give the SSA the information they need to investigate your claim and determine whether or not you are disabled. Since a person must have "one or more medically determinable impairments that are severe and expected to last 12 months or result in death" the disability criteria are primarily medical. The good news is that the SSA is responsible for obtaining the evidence necessary to decide your case including obtaining your medical records and possibly sending you for a consultative examination with an SSA physician. Since the SSA will rely on your initial application to determine what medical records and tests to order, it is extremely important that your initial application contain a complete medical history.

ACCURACY, ACCURACY, ACCURACY

In my experience, few things are more important to a quick and successful disability determination than an accurate application. It's very important that you make sure all the information is accurate including the contact information for your medical providers and dates of treatment. Inaccurate information can result in significant delays in getting a decision on your case as well as an incomplete record in the event of an appeal.

TELL THE RIGHT STORY

A person is not awarded disability because they are physically or mentally impaired. They are awarded disability because their physical and/or mental condition results in specific impairments that render them incapable of working. Therefore, it is important to explain how your physical and/or mental condition prevents you from working when the application calls for a narrative answer. Don't give conclusory answers such as "I can't work because my back hurts" or "I can't work because I'm depressed". Instead, explain how your back pain or depression limits your ability to do work activities such as stand, sit, or concentrate. A better answer will read something like "I can't work because the pain in my back prevents me from standing more than 10 minutes without a break" or "I can't work because my depression prevents me from concentrating on anything for more than two hours".

ADVOCATE FOR YOURSELF

Attorneys are advocacy professionals. If you decide to act as your own attorney, you will need to advocate for yourself without the benefit of many years of training and experience. There are a few rules which can help you advocate well for yourself. First, make sure to read the question carefully and be specific when describing your limitations. Don't say you can stand for six hours when in truth you can only stand for two hours without a break. Second, keep it simple and answer narrative questions using examples from your real life. For example, "I can't walk the one hundred feet from my front door to the mail box without getting out of breath" is a good answer. Third, don't skimp on the details. Provide as much detail as you believe necessary to explain the nature of your impairments and how they prevent you from working.

Following these tips will help you complete a thorough and complete initial application and get your claim off on the right foot. If you follow these tips and decide to get an attorney down the line, you will have a better chance of prevailing on your claim.

# data[].attributes.attachment_link.title
Five Tips for Completing a Social Security Disability Application without an Attorney

# data[].attributes.attachment_link.description
Every claim for social security disability begins with an application. The application is one of the most important components of a successful disability claim for a few reasons. First, it the SSA claims examiner their initial impressions of your case and we all know the importance of first impressions.

# data[].attributes.attachment_link.readable_text
If you have fibromyalgia, and your symptoms keep you from being able to work, you may want to apply for Social Security Disability benefits. We're going to break down SSR 12-2p: Titles II and XVI: Evaluation of Fibromyalgia , a policy interpretation ruling the Social Security Administration (SSA) published in 2012, which finally laid out a decisionmaking process for SSA judges to determine whether someone's fibromyalgia is a Medically Determinable Impairment (MDI) and make determinations about awarding disability benefits.

The first important thing to understand is that the SSA judge has to find that you have an MDI, which means they think your fibromyalgia is impairing your ability to work, but just having an MDI doesn't get you disability benefits. The next step is for the judge to decide whether your impairment keeps you from working-either your old job, or the field you've been working in, or whether there is other work out there that they think you could still do. If the judge finds that there isn't work out there that you could be doing, then they can award you disability benefits.

So you can have fibromyalgia, and the judge can even find that it's an impairment for you in your life, but it's important to be able to show that you're so impaired that it keeps you from doing your work, or lots of other kinds of work.

Let's back up to the beginning and go through all the steps where you'll have to have evidence to show to the judge. [As a side note, at all of these stages, you can pursue this process on your own, or you can retain an attorney to help you. In either case, it's important for you to understand what's going on and how the process works.] First, you'll have to prove that you have fibromyalgia. For this, the judge will need evidence from a licensed medical or osteopathic doctor-this can be your primary care doctor or a specialist, but the judge will need detailed notes of their treatment of you and recording your symptoms over time, so you will need your fibromyalgia-related medical records from the past few years, even if you haven't been seeing your current doctor very long. Just having your doctor send a note saying you have fibromyalgia isn't going to be enough.

Judges Use Criteria to Determine Impairment

There are two specific sets of criteria that SSA judges use to determine whether your fibromyalgia amounts to an MDI. Your judge will use whichever one fits your situation better. The first set of criteria is the 1990 American College of Rheumatology (ACR) Criteria for Classification of Fibromyalgia. You'll need to show all three of the following:

A history of widespread pain, which means you've had pain for at least 3 months, and it has to be on both the right and left side of your body, above and below the waist, but if it varies in intensity or comes and goes, that's okay. There also has to be pain in the spine-low back pain, neck pain, upper or middle back pain, or chest pain, in the front of the spine.

At least 11 tender point sites on your body. It lists where these are expected to be-there are 18 possibilities and your doctor needs to document that you have tenderness at 11 or more of them, again, on both sides of your body and above and below the waist.

And your doctor has to show that they've ruled out other health conditions it could be-that they've done blood work and imaging and ruled out other conditions you could have.

The other set of criteria the SSA judge can use is the 2010 ACR Preliminary Diagnostic Criteria. Your doctor will need to show all three of these:

A history of widespread pain (again, both sides of your body, above and below the waist, and lasting for at least 3 months);

You repeatedly experience six or more symptoms, signs, or co-occurring conditions, especially fatigue, cognitive issues-"fibro fog," depression, anxiety, waking unrefreshed, or irritable bowel syndrome (this is just a partial listing of common symptoms and issues-you could bring up many others);

Again, your doctor will have to show that they ran tests and excluded other health conditions you could have.

So, through one of these two sets of criteria, your doctor's evidence will have to show the judge that you do have fibromyalgia, and that it's an impairment for you. In addition to evidence from your doctor, the SSA judge may want additional evidence from other professionals you see, like a psychologist, to understand better the issues you're coping with. They may also want nonmedical evidence, like testimony from your friends, family, past employers, coworkers, or clergy, to get a sense of how your fibromyalgia affects your day-to-day life and your ability to work.

Does The Impairment Keep You From Working?

Assuming the SSA judge is persuaded at this point that you have fibromyalgia and it's an impairment for you in your life, he or she will evaluate whether your fibromyalgia keeps you from working. Again, the interpretation ruling gives the judge a list of steps to go through to make this determination. The judge will need to ask if you're working now-if you are doing "substantial gainful activity," then they'll have to decide you're not disabled.

Then the judge will decide if your pain or other symptoms create more than a minimal restriction or limitation on your ability to do your work. If they do, then the judge will say you have a "severe" impairment.

The judge will compare your symptoms to a listing of other conditions that are often disabling, because fibromyalgia doesn't have its own listing in their official manual, so they'll look for another way to classify your impairment for their own purposes.

This brings the judge to the Residual Functional Capacity determination. This is when they use their understanding of your impairment, and any impairments in their manual they can categorize you under, to decide if they think you're still able to do your past work in your own field, or if there is other work in the national economy they think you can do, even with your limitations.

Only then, if the judge finds that you can't do your old job and there isn't any other job you could do, will the judge award you disability benefits.

# data[].attributes.attachment_link.description
If you have fibromyalgia, and your symptoms keep you from being able to work, you may want to apply for Social Security Disability benefits.

# data[].attributes.attachment_link.readable_text
Heart conditions can prevent you from completing work duties and maintaining gainful employment, so some patients are eligible for Social Security disability benefits. Certain heart conditions, such as coronary artery disease, arrhythmias, heart transplants or congestive heart failure, qualify you for automatic disability benefits, but there are also benefits for medical-vocational allowance, which is granted according to the details of the case.

The Social Security listings related to cardiac conditions are located in Section 4.00 under the Cardiovascular System. These listings can be quite complex, so it's important to consult with your physician to determine your eligibility.
Coronary heart disease encompasses a number of heart conditions that narrow the coronary arteries, which supply oxygen and blood to the heart. This occurs when cholesterol accumulates on the artery walls. Coronary heart disease, also known as coronary artery disease, is the most common type of heart disease in the United States.
Coronary artery disease is found under the listing 4.04 for heart disease symptoms. These include:

A subpar exercise tolerance test

Three ischemic episodes that involve the loss of adequate blood flow that requires bypass surgery or angioplasty within a 12-month period

An angiographic or other testing showing significant narrowing of a non-bypassed artery that causes limitations in daily life

If you don't meet the requirements of a listing, you may still be eligible under the Residual Functional Capacity, which describes the extent of the tasks you can perform with your limitations. Based on this information, Social Security may determine that your limitations prevent you from performing full-time work, which is a medical-vocational allowance.

Applying for Social Security disability with coronary heart disease or other heart conditions can be a challenge, which is why it's best to consult a qualified attorney, like Benjamin Decker of Decker Law Office. We're here to help you win your case, so contact us today for your free consultation!

# data[].attributes.attachment_link.description
Heart conditions can prevent you from completing work duties and maintaining gainful employment, so some patients are eligible for Social Security disability benefits. Certain heart conditions, such as coronary artery disease, arrhythmias, heart transplants or congestive heart failure, qualify you for automatic disability benefits, but there are also benefits for medical-vocational allowance, which is granted according to the details of the case.

# data[].attributes.headline
When is a Person Considered Disabled by Social Security Disability?

# data[].attributes.subject
When is a Person Considered Disabled by Social Security Disability?

# data[].attributes.attachment_link.readable_text
Decker Law Office. The Social Security Administration defines a "disabled" individual as someone who cannot maintain substantial employment. In 2018, the SSA considered substantial employment (substantial gainful activity) as employment providing a person with at least $1180 each month. People seeking Social Security disability cannot be earning more than $1180 per month when initially applying for benefits. However, some claimants may be able to continue working while awaiting a decision from the SSA.

What Medical Evidence is Needed to be Considered a Disabled Person?

Social Security disability applicants must submit clinical evidence of mental or physical impairments (functional limitations) that prevents them from working. Medical records should be current and include recent laboratory tests (past 60 to 90 days) and physician's reports. Additionally, health records must prove the applicants have suffered from the disability for at least one year. If the SSA determines a disabled person's medical problem is severe enough to meet requirements of the SSA listing for that specific impairment, the SSA will automatically approve benefits. If not, then the SSA will evaluate the claimant's medical and employment records to decide what kind of work the applicant may be capable of doing.

What Kind of Disabling Conditions are Listed in the SSA's Blue Book?

The Blue Book is the guide the SSA uses to determine if someone is a disabled person. Some of the disabling medical conditions listed in the Blue Book are:

Respiratory disorders (COPD, lung cancer, cystic fibrosis)

Musculoskeletal disorders (advanced arthritis, muscular dystrophy, lupus)

Cardiovascular disorders (heart disease, vein diseases)

Digestive system disorders (Crohn's, irritable bowel syndrome, stomach cancer)

Neurological disorders (autism, cerebral palsy, epilepsy)

Mental disorders (schizophrenia, major depression, bipolar disorder)

Does the SSA Pay Disability Benefits to All People Who Cannot Work?

No, the SSA does not approve applications just because someone is unable to work. There are dozens of reasons why the SSA may deny benefits to people who have a severe medical issue. To avoid delays with your Social Security disability application, call Decker Law Office today to schedule an appointment with an experienced disability attorney.

# data[].attributes.attachment_link.title
When is a Person Considered Disabled by Social Security Disability?

# data[].attributes.attachment_link.description
Decker Law Office. The Social Security Administration defines a "disabled" individual as someone who cannot maintain substantial employment. In 2018, the SSA considered substantial employment (substantial gainful activity) as employment providing a person with at least $1180 each month. People seeking Social Security disability cannot be earning more than $1180 per month when initially applying for benefits.

# data[].attributes.headline
Can I Get Social Security Disability Payments for Migraines?

# data[].attributes.subject
Can I Get Social Security Disability Payments for Migraines?

# data[].attributes.attachment_link.readable_text
Migraine headaches are a common health issue that affects millions of Americans each year. And while most people can manage the pain associated with their migraines, others may find that the migraines and associated health conditions make it impossible to maintain regular employment. While it can be difficult to prove that your migraines are this severe, if you have a well-documented history of struggling with them, you may be able to apply for social security disability benefits.

Migraine Headaches: How Can I Receive Disability Payments?

Research shows that nearly 18 percent of women and 6 percent of men in the US suffer from migraines. And of those diagnosed with the condition, 90 percent are unable to work during a migraine. In fact, some people struggle to return to work for hours or even days after, particularly severe migraines. If you are in a similar situation, you may qualify for social security disability payments.

Whether or not you qualify for disability benefits depends solely on the frequency, severity and duration of your migraine headaches. While the Social Security Administration (SSA) does not have a standard disability listing for migraines in the "Blue Book," that doesn't mean that you can't get approved for benefits. However, you must be able to prove that you are unable to earn a gainful living as a result of your migraine disability and that you cannot maintain a full-time job as a result.

Determining Eligibility for Migraine Disability

Before you are awarded benefits, the SSA will consider several different factors, including:

· Your daily limitations

· Your employment options

· The frequency and severity of your migraines

· Review medical evidence

Typically the frequency and severity of your migraines, as well as the extent of your symptoms will help to show the SSA why you must miss work so often. But it is important to keep in mind that to prove you are eligible disability benefits, you must show that you are unable to maintain even office or other sedentary work.

# data[].attributes.attachment_link.title
Can I Get Social Security Disability Payments for Migraines?

# data[].attributes.attachment_link.description
Migraine headaches are a common health issue that affects millions of Americans each year. And while most people can manage the pain associated with their migraines, others may find that the migraines and associated health conditions make it impossible to maintain regular employment.

# data[].attributes.headline
Disability and Federal Government Shutdown FAQ

# data[].attributes.subject
Disability and Federal Government Shutdown FAQ

# data[].attributes.attachment_link.readable_text
Congress passed a spending bill on Thursday, Dec. 7 , staving off a federal government shutdown for another few weeks. The new deadline is tonight, Friday, Dec. 22. To prevent a government shutdown, Congress must pass a bill to fund the government sometime today. NPR commentators speculated that Congress may once again decide to fund the government for only a few weeks, "kicking the can down the road" once again.

But Congress doesn't always pass a bill to fund the government in time. Sometimes the government does shut down, . Where does that leave recipients of SSI and SSDI, and applicants for benefits? as it did three times in the 1980s, twice in the 1990s, and again in 2013 The Social Security Administration has a contingency plan that outlines what activities will still happen and what won't happen in the event of a government shutdown.

Q: I'm receiving SSI or SSDI benefits. Will I still get my checks if the government shuts down?

A: Yes, benefits will still be paid in the event of a government shutdown.

Q: My application for disability benefits is in process. If the government shuts down, what happens to my application?

A: SSA field offices will continue to process applications during a government shutdown.

Q: I have a hearing scheduled, or I'm waiting for a hearing. Will a government shutdown delay my hearing?

A: It should not. SSA will continue to schedule hearings, hold hearings, and write decisions during a shutdown. However, SSA may not be accepting hearing appeals or docketing new hearing applications during a shutdown.

Q: I have a special circumstance (for example, a terminal illness, a compassionate allowance, a situation that qualifies for a quick disability determination, a dire need, or a wounded warrior) and I need to file a disability claim now. Is a government shutdown going to keep me from doing that?

A: No, SSA will still be processing those claims during a government shutdown.

Q: I lost my Social Security card and need a replacement. Can I get one while the government is shut down?

A: No. SSA will not be processing replacement Social Security cards during a government shutdown.

Q: I am receiving disability benefits, and I need to change my address. Can I do that during a government shutdown?

A: Yes. Processing changes of address for people already receiving benefits is a "normal post-entitlement action" that SSA will continue to do during a shutdown.

Q: Will SSA be processing Freedom of Information Act requests during a government shutdown?

A: No, FOIA requests will not be processed during a shutdown.

Related: What Should You Do If Your Disability Application Is Denied?, SSA Hearing Backlog Tops 1 Million While Obamacare Ad Budget Slashed, Though Insurance Still Available

# data[].attributes.attachment_link.title
Disability and Federal Government Shutdown FAQ

# data[].attributes.attachment_link.description
Congress passed a spending bill on Thursday, Dec. 7 , staving off a federal government shutdown for another few weeks. The new deadline is tonight, Friday, Dec. 22. To prevent a government shutdown, Congress must pass a bill to fund the government sometime today.

# data[].attributes.headline
What are the differences between Worker’s Compensation and Social Security Disability Benefits?

# data[].attributes.subject
What are the differences between Worker’s Compensation and Social Security Disability Benefits?

# data[].attributes.attachment_link.readable_text
When you can't remain employed because of an injury or chronic illness, you may be entitled to worker's compensation or Social Security disability benefits, depending on how you became incapacitated and unable to perform work duties. Both programs provide financial assistance to adults who cannot be "gainfully" employed, or work enough to earn a living salary.

What is Worker's Compensation?

When an employee is injured at work severely enough to prevent them from doing their usual tasks, they may apply for and receive worker's compensation benefits instead of litigating the matter. Employers must carry workers compensation insurance to cover serious injuries suffered by workers. In addition, worker's compensation covers employees for injuries an employer may be liable for (carpal tunnel syndrome in the case of computer workers, for example).

If an insurance company or the employer is disputing the amount an employee should receive through worker's compensation, Social Security disability benefits may be provided until disputes are resolved. However, be aware the state will ask you to return the money you received from them if your worker's compensation case is settled.

Can Someone Receive Both Worker's Compensation and Social Security Disability Simultaneously?

Disability benefits are paid to workers who are disabled, are expected to remain disabled for at least 12 months or have been diagnosed with a terminal illness. If you have paid in enough money to be covered by the SSD program, you could draw both benefit payments at the same time. If you earn under $100,000 annually, however, your SSD could be reduced due to receiving worker's compensation.

Contact a Worker's Compensation Attorney to Maximize Your Benefits

Navigating the legal aspects of applying for worker's compensation and disability benefits can be overwhelming. Misfiling a document or failing to meet court deadlines can seriously delay your benefits. Contact the Decker Law Office as soon as possible if you were injured at work and can no longer perform your duties. Our attorneys also handle worker's compensation Mexico filings.

# data[].attributes.attachment_link.title
What are the differences between Worker's Compensation and Social Security Disability Benefits?

# data[].attributes.attachment_link.description
When you can't remain employed because of an injury or chronic illness, you may be entitled to worker's compensation or Social Security disability benefits, depending on how you became incapacitated and unable to perform work duties. Both programs provide financial assistance to adults who cannot be "gainfully" employed, or work enough to earn a living salary.

# data[].attributes.attachment_link.readable_text
A wrongful death lawsuit attorney ligitates cases involving individuals who have died due to someone else's reckless or negligent actions. The goal of a wrongful death claim is to obtain compensation for the emotional and financial hardship inflicted on family members by the death. Automobile accidents, medical malpractice and workplace accidents are often at the core of a wrongful death case.

Who Can File a Wrongful Death Suit?

Family members considered "heirs" can file a wrongful death claim. A wrongful death lawsuit attorney must prove the defendant (the person responsible for the unintentional death of a loved one) exhibited extremely reckless and negligent behavior at the time of the fatal incident. For example, a mother may file a wrongful death claim against a drunk driver who hit and killed her 17 year old son. A husband may file a wrongful death claim against a hospital for allowing his wife to succumb to an infectious disease as a result of poor hygiene practices. In both cases, however, an attorney must show the drunk driver and hospital engaged in such egregious behavior that they were directly responsible for the deaths.

What Kind of Damages Can You Receive If You Win a Wrongful Death Lawsuit?

Lost wages, financial support provided by the deceased, funeral expenses and other expenditures that could be reasonably anticipated by family members of the deceased are damages that could be awarded in a wrongful death suit. In some cases, damages may include denial of emotional support (loss of consortium) where immediately family members or spouses are deprived of companionship.

Can You File a Wrongful Death Claim Over Defective Products?

If a wrongful death lawsuit attorney can prove the product caused a death (an electric hand drill exploding due to faulty wiring, for example), then a litigant could rightfully file. In the case of defective prescription or nonprescription medications, a lawyer will need to prove the deceased individual taking the medications did not have a pre-existing condition that may have contributed to their death.

If you think you may be entitled to file a wrongful death claim, call Decker Law Office today to schedule a consultation appointment.

# data[].attributes.attachment_link.description
A wrongful death lawsuit attorney ligitates cases involving individuals who have died due to someone else's reckless or negligent actions. The goal of a wrongful death claim is to obtain compensation for the emotional and financial hardship inflicted on family members by the death.

# data[].attributes.headline
How Does My Work History Affect My Disability Application?

# data[].attributes.subject
How Does My Work History Affect My Disability Application?

# data[].attributes.attachment_link.readable_text
When applying for Social Security disability benefits, the first part of the process is to determine your eligibility. The Social Security Administration uses a medical guide, the Blue Book, to decide if your illness or condition calls for disability payments.

Though your condition may be severe, it's not a guarantee that you'll be approved for benefits when applying for SSDI. The SSA evaluates your remaining capabilities, known as your Residual Functional Capacity (RFC), to determine what work you can still perform. This means you need to prove that your current condition prohibits you from performing either the job you're qualified for or the job that you've performed within the past 15 years.

What is Past-Relevant Work?

Once your RFC is determined, you will get a rating for what work you're able to perform. This scale includes heavy, medium, light, sedentary and less-than-sedentary work. Less-than-sedentary work means you'll likely get SSDI or SSI benefits.

With any other rating, the SSA determines what type of work you can perform. You will need to prove that you can't perform in your current job, and you can't succeed in other jobs, which is done through a work history report form.

Past-relevant work, which is what is used for your disability application, only applies to the work history in the past 15 years. You must also prove that you earned a substantial amount each month and you worked long enough to learn your job.

Will I Need Help Proving My Disability?

If a current medical condition rendered you unable to work, you may need the help of a disability attorney to assist with your claim, such as Decker Law Office. A complete and accurate work history may mean the difference for your case, so contact us today for your free consultation!

# data[].attributes.attachment_link.title
How Does My Work History Affect My Disability Application?

# data[].attributes.attachment_link.description
When applying for Social Security disability benefits, the first part of the process is to determine your eligibility. The Social Security Administration uses a medical guide, the Blue Book, to decide if your illness or condition calls for disability payments. Though your condition may be severe, it's not a guarantee that you'll be approved for benefits when applying for SSDI.

# data[].attributes.headline
Can a Child Get SSI Disability for Fetal Alcohol Syndrome?

# data[].attributes.subject
Can a Child Get SSI Disability for Fetal Alcohol Syndrome?

# data[].attributes.attachment_link.readable_text
Children with fetal alcohol syndrome (FAS) or those with a condition that falls on the fetal alcohol spectrum are typically able to get Supplemental Security Income (SSI) benefits. There are several listings that the Social Security Administration (SSA) when considering children and adults who struggle with fetal alcohol syndrome. If a child meets any of these criteria, it should be possible to get benefits. And even if the child does not meet criteria exactly, it still may be possible to get benefits if the child is impaired in some way.

What is Fetal Alcohol Syndrome?

FAS is a condition that results from alcohol abuse during pregnancy. The alcohol abuse causes problems with the development of the child, problems that continue from birth through adulthood. There are many different symptoms related to FAS. Children with FAS may exhibit some child disability symptoms but not all, and the symptoms can vary based on the age of the individual. These symptoms can include:

Low weight at birth

Deformities

Organ problems

Difficulty sleeping

Learning disabilities

Delays in normal development

Problems with behavior

How Does a Child Qualify for Disability Benefits?

The simplest way to qualify for benefits from the SSA is to meet a disability listing. There are a variety of listings related to FAS, such as Listing 100.00 - Low Birth Weight and Failure to Thrive. If the child meets the requirements of the listing, then applying for benefits becomes relatively straightforward. Apply for benefits and include a medical diagnosis and it should be possible to start getting benefits.

Sometimes a child disability may not meet every criteria of a listing. If this is the case then it is often still possible to get benefits. Doing so requires showing that the child's limitations equal the limitations of a listing functionally. If you can demonstrate that FAS has made it extremely difficult for the child to function normally, you should be able to qualify.

Speaking to an SSI attorney can be helpful if you are uncertain about whether a child qualifies or does not qualify for SSI disability benefits.

# data[].attributes.attachment_link.title
Can a Child Get SSI Disability for Fetal Alcohol Syndrome?

# data[].attributes.attachment_link.description
Children with fetal alcohol syndrome (FAS) or those with a condition that falls on the fetal alcohol spectrum are typically able to get Supplemental Security Income (SSI) benefits. There are several listings that the Social Security Administration (SSA) when considering children and adults who struggle with fetal alcohol syndrome.

# data[].attributes.attachment_link.readable_text
If you want to make a will, but you're not sure about the process, there are two options. You can hire a lawyer to help, or you can create your will yourself. Each of these options will have some advantages and disadvantages, however, according to your particular situation.

Should I Write My Own Will?

Writing your own will saves you the costs of hiring a will attorney, which is the primary reason that most people choose to do it themselves. You must be careful to comply with the laws, however, and it could be challenging to create a will if your situation is complex.

Should I Hire a Will Lawyer?

If you have a lawyer draft your will, the biggest advantage is the peace of mind of knowing you are protecting your loved ones. An experienced will lawyer can ensure that your will complies with the law, offers the greatest tax advantages and considers your circumstances to be valid in court.

When Is It Important to Hire a Will Lawyer?

There are a few situations in which it's advisable to hire a will attorney. If the following circumstances apply to you, it's the best option:

·You have minor children.

·You have remarried.

·You're in a same-sex partnership.

·You own a business.

·You have assets disbursed in multiple states or countries.

·You have assets valued over $2 million.

·You think your will may get contested.

In these situations, it's helpful to have a lawyer to ensure your will is valid and won't undergo challenge in court.

Looking for a Will Lawyer?

Regardless of your circumstances, hiring will lawyer is the least risky option. If you need a will lawyer New Mexico, Decker Law Office LLC can assist you. Contact us today to arrange a consultation about your will!

# data[].attributes.attachment_link.description
If you want to make a will, but you're not sure about the process, there are two options. You can hire a lawyer to help, or you can create your will yourself. Each of these options will have some advantages and disadvantages, however, according to your particular situation.

# data[].attributes.headline
What Is the Date Last Insured (DLI) for Disability Benefits?

# data[].attributes.subject
What Is the Date Last Insured (DLI) for Disability Benefits?

# data[].attributes.attachment_link.readable_text
Disability benefits through Social Security Disability Insurance are essential in order for a disabled person to survive in an economy that rewards those who can work. In order to qualify for those benefits, however, one must apply before their Date Last Insured or DLI. Here's everything you need to know about how the Date Last Insured affects the application process.

What Is the Date Last Insured?

There is no set DLI that applies to everyone. Instead, there are rules that determine the DLI on an individual basis. Generally, the DLI is the date five years from when you last worked. If you last worked three years ago, for example, your DLI would be two years from now. If you last worked seven years ago, your DLI happened two years ago.

Can I File for SSDI After My DLI?

Your DLI is meant to disqualify you from disability benefits after a certain period of time, but that doesn't mean you have no recourse at all. There are still a few steps you can take to attain the necessary benefits:

·Prove the onset of your disability occurred before the DLI.

·Fulfill the recent work requirement.

·Establish a Protective Filing Date before your DLI.

Why You Should Hire an SSDI Lawyer

Proving that the onset of your disability occurred before your DLI is complicated in its own right. While medical evidence is a necessary part of your case, it's often not enough to establish onset. That's why it's useful to have an SSDI lawyer who is able to reopen your previous Social Security claim as additional evidence.

To learn more about getting your SSDI and the limits of your DLI, contact Decker Law Office. Benjamin Decker has the experience and dedication to help you win your case and can answer any questions you may have along the way. Get in touch with us today for a free consultation.

# data[].attributes.attachment_link.title
What Is the Date Last Insured (DLI) for Disability Benefits?

# data[].attributes.attachment_link.description
Disability benefits through Social Security Disability Insurance are essential in order for a disabled person to survive in an economy that rewards those who can work. In order to qualify for those benefits, however, one must apply before their Date Last Insured or DLI.

# data[].attributes.headline
What Is a Protective Filing Date for Social Security Disability?

# data[].attributes.subject
What Is a Protective Filing Date for Social Security Disability?

# data[].attributes.body
#SocialSecurityDisability #SSA #SSDI

# data[].attributes.attachment_link.readable_text
When you file a Social Security Disability claim, there are certain safeguards put in place to help ensure that your claim is reviewed and considered in a timely manner. Your protective filing date is secured once you contact the Social Security Administration (SSA) stating that you intend to file a claim for Social Security Disability benefits. Once this status is confirmed, it's considered to be your official application date â€" even if it's earlier than the date when the SSA actually receives your signed and completed application. Your protective filing date, along with your SSDI's date last insured are both crucial in determining your awarded benefits.

The reason that securing a protective filing date is so important is because it can have a great effect on your benefits once they have been awarded. An earlier filing date can influence your entitlement date and affect both your ongoing benefits and backdated pay.

Although the SSA recommends that claimants file their applications online, the only way to secure protective filing status is to complete your application in person. To safely secure this important date, you must:

Submit a signed, written statement expressing your intent to claim benefits

Mail the statement to the SSA (certified mail with return receipt is often the best option)

Record the postmarked date, as this will become the official date of your statement

Make a copy of your written, date-stamped statement to keep for your personal records

Keep a record of any resulting correspondence from the Social Security Administration

Once the SSA has received your statement, they should respond with a notice outlining that your application must be completed and filed within 6 months for a Social Security Disability Income claim (SSDI) and 2 months of a Supplemental Security Income claim (SSI).

# data[].attributes.attachment_link.title
What Is a Protective Filing Date for Social Security Disability?

# data[].attributes.attachment_link.description
When you file a Social Security Disability claim, there are certain safeguards put in place to help ensure that your claim is reviewed and considered in a timely manner. Your protective filing date is secured once you contact the Social Security Administration (SSA) stating that you intend to file a claim for Social Security Disability benefits.