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Blog Posts in April, 2011

  • Cardiovascular impairments or disabilities are scary conditions for a claimant and his or her family to deal with. These conditions have dire consequences on an individuals daily life, including his or her career. The SSA recognizes this and allows for certain cardiovascular impairments to qualify for Social Security Disability Benefits. The SSA states that a cardiovascular impairment means any ...
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  • We all suffer bouts of insomnia. We all have worries on our mind that keep us up at night. What happens, however, when these problems become chronic, serious conditions that affect our ability to perform substantial gainful activity? What happens when the V-8, Monster, or Red Bull does not work? Does you serious sleep issues mean that you are disabled ? Can you get Social Security Disability ...
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  • Wow, it happened. . . again. It seems that the theme for the last few entries is when it rains, it pours. When there is a DWI, there is a second in the same night. Last Friday, we had an entry that detailed a Connecticut man who had two DWIs in one night. A New York man was arrested for DWI last night. He had a 0.14% BAC. The man was then released to a sober passenger who told the police that he ...
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  • Can one be found disabled, under the SSA definition, if they suffer from respiratory disease, episodically? Generally, a respiratory impairment that occurs frequently, but it is not a consistent pain, occurs when a person has asthma, cystic fibrosis, bronchiectasis, or chronic asthmatic bronchitis. If a person suffers from this condition, they must demonstrate detailed documentation that includes ...
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  • The SSA defines a visual order as an "abnormality of the eye, the optic nerve, the optic tracts, or the brain that my cause a loss of visual acuity or visual fields." In order to be considered blind, a claimant must have a visual acuity of 20/200 or less in his or her best eye. This includes a claimant's best corrected eye (i.e., correcting lens). In order to evaluate you claim for a ...
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  • Continuing the thread concerning Musculoskeletal Disabilities, the issue of diagnosis and evaluation will arise. Obviously, the SSA requires the best evidence to support the diagnosis. First, there must be detailed descriptions of the weakness or muscle atrophy related to deficiencies in the joints. Also, the SSA will want to detail the sensory or reflex changes or circulatory deficits. The SSA ...
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  • Marijuana 'Dispensary' at UNT?

    || 13-Apr-2011

    During a recent Habitat-For-Humanity fundraiser, some members of the National Organization for Reform of Marijuana Laws (a.k.a. NORML) set up a little shanty to promote the benefits of cannabis. The purpose of the shanty was to assist educating North Texans about marijuana and to point out that "[m]arijuana has been proven, after all, to be a safer alliterative to alcohol." Apparently, UNT has a ...
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  • As previously discussed, the five step process establishes two "routes" for a finding of disability. For example, one way to be found disabled by the SSA is if one has a purely medical disability that meets a medical disability in the Listing of Impairments. If that is the case, then that person is automatically disabled. The other step involves determining whether there is a combination ...
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  • The Fourteenth District Court of Appeals at Houston recently handed down an opinion that provides an interesting twist in Fourth Amendment jurisprudence. The case is Kelly v. State, 331 S.W.3d 541 (Tex. App.--Houston [14th Dist.] 2011). In this case, the police officer stopped the defendant because he did not have a front license plate. The court stated that there were several factors that allowed ...
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  • Step 5: Other Work

    || 6-Apr-2011

    Once you have proven that a person had substantial gainful activity, the claimant has a severe impairment that meets certain duration requirements, the impairment is contained within the " Listing of Impairments," and the claimant cannot perform past relevant work, then the claimant must establish that the claimant cannot make an adjustment to other work. Step 5 is considered to be the ...
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  • Step 3: Medical Listing Of Impairments

    || 4-Apr-2011

    As we continue through the five-step process regarding the criteria relating to determining if your are disabled under the Social Security Act, we will examine Step 3. This step asks whether the medical condition that the candidate suffers from is included in the Listing of Impairments? The Listing of Impairments is a list contained with 20 C.F.R Part 404, Subpart P, Appendix 1 that describes ...
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  • Step 2(a): Duration Requirement

    || 1-Apr-2011

    Earlier, we noted that in order for a disability to meet the requirements of the Social Security Act, the impairment must be severe. Related to this, is the requirement that the disability continue to be severe for 12 consecutive months or result in a death. 20 C.F.R. Section 404.1509. What the SSA is obviously trying to do is exclude those conditions that go into remission or decrease in ...
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