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Social Security Disability for Skin Disorders

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When we think of the skin, we often think of it as our body’s natural barrier.  Our skin is there to protect us.  It is our largest organ because it has this very specific and important function. Unfortunately, there are a myriad of conditions that can affect the skin to the point that they can be disabling.

Whether the cause of a skin disorder is hereditary, congenital or acquired, the SSA evaluates all conditions in essentially the same way.  They look at these conditions via Listing 8.00 of the Listing of Impairments.  While a great myriad of skin conditions exists, they divide skin conditions into seven main categories; Ichthyosis, Bullous Disease, chronic infections, dermatitis, Hidradenitis Suppurativa, genetic photosensitivity disorders and burns.  

With any skin disorder, they will examine medical records to evaluate the severity of the condition, the duration, frequency of flare-ups, history of the condition and prognosis.  They will also consider how things like pain; your treatment plan and related factors affect you.  If you suffer from skin lesions that are on your joints or on other various parts of your body, they will look to see how the lesions affect your abilities to move and use these parts. The SSA will also consider the side effects of your treatment and whether or not treatment has resulted in any improvement of your condition. 

Some skin conditions go hand in hand with other disorders, such as; tuberous sclerosis, malignant tumors, autoimmune disorders, loss of senses, etc.  The SSA will consider these other disorders when evaluating the records. 

Most skin conditions are not covered within the strict reading of the Listings.  If your condition falls into this category, your claim may be harder to prove.  Therefore, if your condition is disabling, it is imperative to have an expert review your medical records and demonstrate to the SSA how your condition is equal to one of the conditions in the Listings.  We can work with your doctors to get the evidence that we need to win your case. 

There is never a fee for representation on this type of case unless we win!  Therefore, you have nothing to lose by having an expert fight for you.  Our office is open and proudly continues to serve all of Vacaville, Fairfield, Vallejo and surrounding areas.  

SSA Temporarily Suspends Dismissals!

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Big News for SSA

Big news!  

Administrative Law Judge Patrick Nagle announced that the Social Security Administration is temporarily suspending dismissals for untimely requests and failures to appear.  

Essentially, if your claim for disability or SSI was denied at the request for reconsideration level and you filed a request for hearing but missed the 60-day statute to file the paperwork, you may still be able to proceed!  The SSA will allow you to file a statement of good cause for missing the statute.  They will consider the reasoning behind the late filing and determine if your case should be allowed to move forward.  In the past, if this deadline was missed, they would simply send out a dismissal.  If you missed this deadline and already received a dismissal, you can appeal the decision to the Appeals Council.  Similarly, if they find that you had good cause for missing the statute, they can remand your case back to the hearing office for scheduling of your hearing.   

The same allowance applies to those who were scheduled for a hearing and did not attend.  If you can show good cause as to why you missed your hearing, your hearing can be rescheduled. 

In the past, once a dismissal had been issued, you were likely faced with starting your case over with a new application.  A representative could fight to reopen the older case, but having a dismissal on file would be a tough thing to overcome.  You could lose valuable benefits and rights in not pursuing your case properly.  

The SSA understands that the COVID-19 pandemic has placed new and challenging burdens on people and thus they have decided to give greater allowances and leeway concerning the above situations. 

If either of these situations may apply to you, contact us immediately.  Time is of the essence to preserve your rights and file the necessary documents to get your case back on track.  We pride ourselves on moving quickly and methodically to ensure our clients are protected.  Our office in Vacaville has reopened, and we are ready to see you with all of the necessary safety precautions in place.  If you prefer to meet via phone or Zoom, we have those capabilities, as well.  As always, we continue to proudly serve Fairfield, Vacaville, Sacramento, Vallejo, Davis and the surrounding cities.  Reach us at 707-580-9220 or via our website at MillerDisabilityFirm.com.

Can a Disability Claim Be Reopened Once It’s Closed?

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Yes!  In some situations, a prior claim that is closed can be reopened.  When a new client comes into our office, we always discuss whether or not they have ever filed for disability or SSI benefits in the past.  If they have, we look to see if the prior claim(s) can be reopened.  This is important because the SSA pays back benefits either to the date of the application for benefits or earlier, depending upon what type of claim it is.  Therefore, if we can reopen an older claim, it could mean a significantly greater amount of money could be due to our clients.  

What is a Closed Claim?  When a person files an application for disability or SSI benefits and that claim is denied, they have 60 days to appeal the decision.  The same rule applies on a second denial.  If that appeal is not filed, the claim is closed. In some situations, a knowledgeable representative can locate and reopen that old claim and argue to obtain benefits back to that original filing date while pursuing a new claim for a client. 

With that said, there are several rules that apply in determining whether or not a closed claim can be reopened.  For example, the closed claim must be for the same disability as the new claim.  You cannot file a claim for one disability and then later file for a different disability and try to reopen the old claim. In addition, the onset of your current disability must be within the timeframe covered in the first application.  There are also timeframe rules for reopening.  If a closed claim is less than a year old, it can be reopened for any reason.  Once those first twelve months have passed, reopening a closed claim becomes more difficult.  The rules for reopening closed disability (SSD) claims and SSI claims differ after a year.  A closed disability claim can be reopened within four years if the SSA finds that there is good cause to do so.  An SSI claim can only be reopened within two years for good cause.  To determine whether or not there is good cause to reopen either type of claim, the SSA will consider several things.  They will take into consideration new and/or material evidence about the claim.  This evidence could include anything pertinent to the claim that was not considered by the SSA when making their prior decision.  The evidence needs to be substantial enough that it would change the outcome of the previous decision.  Good cause could also be a clerical error in a decision or a calculation error.  If the decision contains a piece of evidence or information that is clearly incorrect, grounds to reopen may be present. 

With all of that said, there are always exceptions to these rules.  For example, in very rare situations, the SSA will reopen a claim that is more than four years old if fraud was involved.  

Who Decides What Claims Can Be Reopened?  A claim that was denied by DDS (Disability Determination Services within the SSA), can be reopened by an examiner within this unit, an administrative law judge or by the Appeals Council.  A claim that was denied by an administrative law judge can only be reopened by an administrivia law judge or by the Appeals Council.  So, some cases must wait until they reach the hearing level before a decision can be made concerning reopening a prior claim.  Finally, a claim denied at the Appeals Council can only be reopened by the Appeals Council. 

It is important to understand that if a request to reopen a claim at any level is denied, that decision is final.  Therefore, it is imperative that you either know how to properly execute these procedures on your own or you consult with an accredited disability expert in doing so.  The SSA has strict protocols at every step of the application and claims process, therefore it is extremely important to take the proper steps within the required timeframes.  Our firm is only paid if we win your case, therefore you have nothing to lose in hiring an expert to handle the process for you.  Our office is open, and we continue to serve all of Solano County, including Vacaville, Fairfield, Vallejo, etc., as well as, the Sacramento Area and Northern Bay Area.  Give us a call today at 707-580-9220.

How Much Will I Get Per Month on SSI (Supplemental Security Income)?

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Unlike Social Security Disability benefits which are paid based on what an individual has paid into Social Security, SSI benefits are paid based upon whatever the set rate is for the year.  To that set rate, an additional supplement may be added based on what state you live in.  In 2020, individuals collecting SSI in the state of California receive $943.72 before deductions are considered.  Couples who both receive SSI can receive a maximum of $1,582.14. These rates can change annually. 

These amounts are the same for the entire state, no matter what county you live in.  So, folks who live in Vallejo, CA, Vacaville, CA, Napa, CA, Fairfield, CA, etc. will all be eligible for the same amount. 

With that said, do not forget that these amounts represent maximums before deductions.  Most people see at least one deduction from their benefit checks.  Deductions can include earned income, unearned income, in kind support, etc.  If deductions are being taken from your benefit checks that you do not understand, make sure to ask the SSA or speak to an accredited representative to make sure that the SSA is not making an error when taking out deductions.  Unfortunately, mistakes are common and are harder to correct the longer they have been made. 

Now, let’s explore what some of these deductions are.  First, let’s talk about earned income.  If you work while receiving SSI, there will be a deduction in your benefits for the income you earn.  The deduction is not dollar for dollar.  Instead, it includes some rather complicated calculations.  If you need help determining if the deductions that the SSA are taking are correct, give us a call.  We can do the calculations for you and let you know. 

Another type of deduction is called unearned income.  This deduction is made when a person receives things like pensions, state disability benefits, unemployment benefits, gifts from friends or relatives, etc. 

A third common deduction is called in-kind support.  If you live with someone or receive support from them in the form of food, shelter, clothing, etc., there will likely be a deduction from your benefits to account for this assistance. 

Now, let’s talk about income and benefits that should not count as deductions. Things like income tax returns, food and shelter provided by non-profit agencies, home energy assistance, loans that you have to repay, scholarships, etc.  There are a myriad of things that do not count.  These represent just some common examples.  For a complete list, visit the SSA’s website at https://www.ssa.gov/ssi/text-income-ussi.htm.

If you are living within the Vacaville, Fairfield, Vallejo and Winters areas and would like to chat with an accredited disability expert concerning how your SSI benefits are being paid, please feel free to reach out to us at 707-580-9220.  We offer convenient appointments via telephone, Zoom, Facetime or in person to meet your needs. 

Can Disabled Veterans Get Disability Benefits from the Social Security Administration?

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I have so much respect and admiration for the men and women who have served in our armed forces. Our location here in Vacaville, CA is only a few short miles from the Travis Air Force Base in Fairfield, CA. As such, I have the opportunity to help many disabled veterans with their disability claims.  I am able to give back to these honorable Americans in a small way and that truly makes my work feel worthwhile. 

These men and women put their own health and safety on the line to protect our country.  Thus, nearly four billion of these folks live with some form of disability following the completion of service.  Out of this four billion, the SSA reports that only about 600,000 veterans receive disability benefits from the SSA.  What a staggering difference!

While not every veteran is eligible for both VA disability benefits and SSA disability benefits, it is important to explore both to ensure that the best choices made.  While this blog provides some food for thought, every situation is unique.  Therefore, I always recommend that you meet with an accredited disability representative to discuss your personal situation and determine if applying for disability benefits from the SSA makes sense for you.   

It is important to know that Social Security disability benefits are not reduced when a veteran is also receiving disability benefits from the VA.  While the VA may reduce benefits in some situations, the SSA will not.  

While typically disability benefits from the SSA are only paid in situations where someone is permanently disabled, there are situations where a veteran may be eligible for a period of disability benefits when they were unable to work but later were able to return to work.  A veteran can submit a claim for a “closed period” of benefits from the SSA to receive benefits for the months that they were disabled, if the disability lasted at least a year.

Veterans that are found to be 100% disabled by the VA are often times also eligible to have their disability claims expedited by the SSA.  In many situations, the SSA is notified of the veteran’s 100% disability determination and thus the process of qualifying for disability benefits from the SSA can move very quickly.    

In addition, in some situations a veteran’s family members may be eligible to receive benefits from the SSA based on the work record of the veteran.  These family members may include a spouse over the age of 62 or a spouse of any age if they are caring for a young child or disabled, adult child.  Stepchildren and grandchildren are also eligible for benefits in some situations.    

Also, some veterans can be deemed eligible for both Medicare and TRICARE.  This extra medical coverage can be very helpful in that Medicare could become the primary payer with TRICARE covering supplemental coverage for things like deductibles and copays.  

There is a lot to consider when planning how to live on retirement or disability pensions and benefits.  Understanding the various programs and considering them in light of medical insurance issues and offsets can be daunting.  Let us help.  As always, there is no cost to you unless we qualify for you benefits.  So, you have nothing to lose by getting help from an expert.