By Trevor Smith, Smith and Wax Attorneys at Law
The podcast currently has 13 episodes available.
Episode 14: Louisville social security disability attorney Trevor Smith discusses if peripheral neuropathy qualifies for SSDI benefits. This condition is often associated with diabetes. It can be extremely debilitating.
Peripheral neuropathy is related to nerve damage. The symptoms can result in a constant numbness and/or tingling. It generally affects the feet or hands. Unfortunately, there is no cure for this condition. Medicine can be used to treat the symptoms, but for many people they don’t go away.
Testing for Neuropathy
Your disability case can go much better if there’s actual test results to back up your claim. The judge will usually feel more comfortable when there is supporting evidence in the medical record. There are 2 common tests Trevor sees performed. An EMG is a nerve conduction study. Another option is an exam performed by the doctor, similar to a diabetic foot exam.
If you are sensing the onset of symptoms, you need to be directly with your doctor. If you’re having trouble with your feet or hands, let him/her know and ask to be examined for neuropathy. Again, you want to ensure there is medical evidence to support your disability claim.
Problems resulting from Neuropathy
This is a fairly common condition. If you have a job requiring you to be on your feet a lot, the pain and related symptoms may prevent you from working a 40-hour week. Jobs on an assembly line such as at Ford, UPS or other factory work are hard enough, even without neuropathy.
You may experience:
If you’re over 50 years of age, and have always worked on your feet, you may be able to get disability benefits. The social security disability system uses a grid-rule. Part of this calculation is based on your age.
Neuropathy in the Hands
This situation can be extremely difficult for people to manage. Neuropathy in the hands can impact gross manipulation (e.g. picking up a coffee cup or bottle). It also affects your fine manipulation (i.e. buttoning buttons, working a keyboard, etc.). Most jobs require the use of your hands. Neuropathy can severely limit your ability to work.
Can Neuropathy Qualify for SSI Benefits?
In a previous episode, Trevor explained that he helps people with 2 social security programs, either SSDI or SSI. Neuropathy is considered a medical disability. Regardless of whether the person has a work history, he/she may still qualify for Supplemental Security Income (SSI benefits).
If you’re considering filing for social security disability or SSI, you can contact Smith and Wax at (502) 581-1133. The website is www.SmithAndWaxLaw.com.
Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.
Episode 13: Louisville social security disability attorney Trevor Smith discusses several of the ways he and his firm are helping veterans to get additional support, beyond VA benefits. If you’re a vet or know someone who is suffering from PTSD or other issues, this information may be able to help them. Please consider sharing it.
Trevor has helped many veterans over the past 10 years. Some veterans may have experienced mental trauma, which eventually lead to their being homeless. Maybe they haven’t worked in a while. There may be an opportunity to get SSI (Supplemental Security Income) benefits for them. Other veterans may have been working, but simply need help due to their injuries. It may be possible to file for SSDI (Social Security Disability Insurance) benefits.
Veterans can receive VA benefits and social security benefits, at the same time. However, the VA benefits may provide enough income that they are ineligible for SSI, but SSDI is still open to them. This is for either service-related or non-service-related disability. It’s important to understand it’s not automatic that you’ll be eligible for SSDI, but those VA medical records will be very helpful in proving your case.
The Invisible Injuries
Many of the veterans Trevor’s helped are dealing with psychological, mental and/or emotional problems often related to their experiences resulting in PTSD. Post-Traumatic Stress Disorder is one of those invisible injuries you won’t be able to see. However, it can be devastating to a veteran who is trying to cope with PTSD and other issues.
There are other situations including pulmonary issues due to time spent breathing contaminated air. Other conditions, including cancer, may also qualify the veteran for SSDI benefits.
It’s about the Symptoms, not the Experience
Veterans suffering from PTSD don’t want to be forced to relive the experience during the hearing. The judge wants to focus on the symptoms currently preventing you from working. It’s not the diagnosis, or its effects, it’s the severity of the symptoms that matter.
Some common PTSD symptoms may include:
Some people dealing with PTSD have found the telephone hearings may be less stressful. They are able to have the hearing in comfortable, familiar surroundings. Trevor will do everything possible to explain the process and who’s going to be involved. This explanation can help to prepare the client so the process is easier to get through and move forward.
We want take a minute to thank you for your service. There are programs available to help you. If you’re considering filing for social security disability or SSI, you can contact Smith and Wax at (502) 581-1133. The website is www.SmithAndWaxLaw.com.
Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.
Episode 12: Louisville social security disability attorney Trevor Smith discusses the question, “Does Cancer Qualify for Social Security Benefits?” This is one of the toughest situations, especially if it’s progressed to stage 3 or stage 4 cancer.
It’s important to understand that simply being diagnosed with cancer, doesn’t mean you’re able to receive Social Security benefits. Luckily, many types of cancers are now treatable.
Two Important Questions about Your Cancer
Do the symptoms of your cancer prevent you from working a 40-hour work week? Do you have an impairment that’s lasted a year, or is likely to last a year? Remember, if your cancer goes into remission, you may be able to return to work.
You May Qualify for a Compassionate Allowance
The compassionate allowance is there for people who have advanced stages of cancer. It enables the Administration to expedite your claim. Your attorney will need updated records from the oncologist and a letter stating that this is a terminal situation.
There are specific conditions that are allowed. If you are granted a compassionate allowance, the case will be moved more quickly through the system so the payments can begin much quicker. The typical process is much longer. Trevor spoke about when a claim gets denied and the time it can take to finally get social security benefits in Episode 8.
What Happens if the Person Passes Away?
With Social Security benefits, if its SSI benefits, they will cease once the person passes away. If the person is receiving SSDI benefits, the case can continue and a substitution of party will be designated to act as the new party. Cause of death is important. If the death is the result of a substance abuse overdose, the case may end. However, if the person receiving SSDI died from a complication related to the actual disability, it’s possible to continue the case. The back pay can be pursued on behalf of the family member. The ongoing benefit payments will not continue.
Medical Compliance is Important to Your Case
Most of the time, people with cancer follow their doctor’s orders and recommendations. The judge is going to review your medical records to determine if you’re in medical compliance. Alternative medicine may be helpful, but you’ll still need to depend upon the reports from the oncologist’s reports and whether you’re following their treatment advice, even if you decide to add alternative medicine.
You can contact Smith and Wax at (502) 581-1133. The website is www.SmithAndWaxLaw.com.
Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.
Episode 11: Louisville social security disability attorney Trevor Smith discusses the question, “Can I Get Social Security Benefits for Epilepsy or other Seizure Disorders?”
This is a fairly common situation. Your condition may qualify for SSI and/or SSDI benefits. There are some seizure disorders in which the brain has a malfunction, but others may be cause by conditions such as anxiety.
4 Important Factors for Seizure Disorder Applicants
One of the best pieces of advice is to make sure you or your loved one is under the care of a neurologist. The Social Security Administration likes to see the notes from a specialist. This is even more important than the notes from your family doctor. It can definitely help your case.
You also need to be compliant with your medication, such as Keppra or Depracort. If you end up in a hospital, they will likely do bloodwork, which will indicate the levels of the medication in your system. If it’s significantly lower, it’s often a sign you’re not taking your medication as prescribed. This can actually have a negative impact on your case.
You’ll also need to be able to show you’ve had a series breakthrough seizure, despite the medication. It’s an indication that you’re doing everything you need to do in an attempt to control your condition. If the breakthrough seizures continue to happen, it could absolutely affect your ability to work. This applies to both grand mal and petit mal seizures.
Another important factor is getting benefits for your epilepsy or seizure disorder is that you have to be sober. If blood tests determine the presence of cocaine, methamphetamine or another illicit substance, the judge is going to make it very difficult to get your benefits approved. In a previous podcast episode, Trevor explained the problems substance abuse issues can cause with your social security benefits case.
Anxiety Induced Seizures
Sometimes, a sever anxiety disorder can lead to a panic attack and ultimately induce a seizure. It’s important that your medical records have notes and/or reports from a psychiatrist or therapist documenting the nature of your condition. The above issues related to medical compliance, sobriety and other factors will still apply.
The Smith and Wax Law Offices is safely operating during the COVID-19 crisis. Precautions are being taken to meet with clients at their downtown office. You also have the option of working with the via phone and/or email.
You can contact Smith and Wax at (502) 581-1133. The website is www.SmithAndWaxLaw.com
Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.
Episode 10: Trevor Smith discusses an interesting topic in today’s podcast episode. If someone dies while receiving SSDI benefits, does the surviving spouse or children get to continue receiving those checks?
As we’ve discussed in previous episodes, the Social Security Administration has programs for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
During the process of applying for SSI, if the person dies the case “dies” and benefits can no longer be pursued. It entire process ceases.
If you are applying for SSDI benefits, and you pass away, the case and related benefits can still be pursued. There are two primary actions that need to be taken to preserve this process.
Preserving the Right to SSDI Benefits
First, someone must be appointed to act as a “Substitution of Party.” This someone who will act on the behalf of the deceased claimant. This person must be a family member (usually a spouse or child). This person will typically appear in front of the judge to speak on the deceased person’s behalf.
Second, a copy of the death certificate must also be provided. How the person died is relevant to the application and subsequent benefits.
Why Does How the Person Died Matter?
A cause of death related directly to why the person was unable to work is valuable for the case. For instance, someone who’s heart condition made them unable to work and ultimately died of a heart attack is a clear example.
However, if for example the individual was unable to work, but died of a drug overdose, that can have a negative effect on the case.
Once the substitution of party and the death certificate are available, the attorney can continue the process. Judges often want to hear about the deceased individual from the family member’s perspective, as a substitution of party.
What Type of SSDI Benefits Would be Available?
If the attorney is successful in winning the case, the benefits are generally based on the “back pay” rather than an ongoing check for SSDI benefits. Remember, with SSDI benefits, there’s a 5-month deductible. Your attorney will be able to explain this important.
The back pay is the funds that should have been paid to the individual, while still alive, during the time the SSDI application and case was working its way through the system. Even if the person were still alive, if the case was successful, he/she would have received the back pay and ongoing benefits. In this case, the back pay is the primary fund, including the 5-month deductible period. Unlike Kentucky workers’ compensation, which has a specific death benefit built in, SSDI really does not. Trevor and his colleague Scott Scheynost discussed this topic in one of the episodes of his own podcast.
SSDI is an insurance policy you’ve been paying for during your career. Each pay check usually showed a deduction of withholdings (FICA). Part of these withholdings are to fund SSDI benefits. You’ve been paying for this insurance.
Unfortunately, with a case involving SSI, there isn’t a back pay fund to pursue.
If you’d like to speak with Trevor Smith, his office currently remains open during the COVID-19 crisis. He has taken PPE measures to protect you if you come to the office. Alternatively, you can contact his office at (502) 581-1133.
Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.
Episode 9: Louisville Social Security Disability Attorney Trevor Smith addresses an important question from parents. “On his/her 18th birthday, can my child lose SSI Benefits?” There are a variety of reasons a minor-age child may receive Supplemental Security Income benefits (SSI). A common reason is ADHD and other learning disabilities. However, once the child turns 18, he/she legally becomes an adult and the standard to qualify for SSI benefits change.
The new standard is whether your young adult can work a 40-hour week. This is a significant departure from the rationale used to qualify as a minor. In Episode 6, Trevor discussed how a child may qualify for SSI benefits.
Your son or daughter will now be required to undergo a Continuing Disability Review (CDR). This formal case review will involve school records, medical history and medications, feedback from teachers and the IEP, if it’s being utilized. A CDR may have previously been requested as the child grew older, now however, it’s more likely to be required. It’s possible the results of the CDR may substantiate the decision affirming that your child lose SSI benefits.
There’s an Important Deadline
If there’s a decision to cease the benefits, your attorney can file an appeal. It’s important to understand there is a brief, 10-day window to decide whether the benefit checks should continue to be sent, during the appeals process. The letter the you receive will stipulate that you have the option to continue the benefits during an appeal. The other option is to stop the benefits, until the appeal has been decided.
Will I Have to Repay the Benefits?
When your child turns 18 and undergoes a CDR to determine his/her qualification status, you can decide to continue receiving the checks. If the results of the CDR lead the Social Security Administration to decide to cease the payments, your social security attorney can file an appeal. This appeal can take a year or longer. If the appeal is unsuccessful, and you decided to continue receiving the benefits, that amount will usually need to be repaid to the government.
There’s Another Option
You can also decide not to receive the benefit payments, during the appeal. Should your attorney win your appeal, then you have a right to receive the back-pay of the benefits your child should have received during the appeals window.
Will My 18 Year Old’s Benefit Payment Increase?
While your child’s legal status changes upon his/her 18th birthday from minor to adult, the amount he/she receives in SSI benefits will not increase. Even if the appeal is successful, that doesn’t mean there will be an increase in the amount of the benefit payments.
The Smith and Wax Law Office is open, during the COVID-19 pandemic. You can come to the office to meet with Trevor Smith. Safety procedures including having your temperature taken and wearing masks will be required. The firm also provides hand sanitizer. When you come to the office, documents can be easily reviewed and signed. However, if you prefer not to come to the office, you can always call the firm and handle the situation over the phone. This will add some time to the process because documents will need to be mailed to you for your signatures and returned. Either way you decide to proceed is fine.
Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.
EPISODE 7: In today’s episode, Trevor Smith, Louisville SSI attorney, discusses a heart-felt topic on how people of the homeless community can get help with SSI or SSDI. This can help individuals to become stabilized, in their time of need. This population is one of the most vulnerable in the community, so giving them a helping hand brings joy to the Smith and Wax Law Firm.
There is nothing better for Trevor than to win a case for someone who is homeless. This gives them a monthly check, as well as Medicaid. He’s hopeful that this will lead them to a better life with a place to live.
Supplemental Security Income (SSI) is set up for those who are basically broke. They have to have less than $2,000 in assets, for which most, if not all, homeless people qualify. The majority of the homeless community do not have a strong work history, so SSI will be a great idea to file for them. Some clients may have had work in the past but in a matter of months are now living in a tent and for their sake, Smith and Wax will file for SSI and SSDI.
Many homeless individuals don’t know about SSI or SSDI benefits. There are a series of family health centers here in Louisville providing medical attention to those who may not be able to afford it. They have cultivated relationships with these health centers, so when people come in with health issues, they can get this information and be referred to Smith and Wax Law.
Smith and Wax has formed a great relationship with social workers as well, so they can relay this important information. When people in the homeless community find out that they may be able to receive SSI or SSDI benefits, they are on board and ready to receive help.
One important factor to remember is just because they are homeless does not mean they are disabled. Smith and Wax still has the burden of proving that they can’t work due to a disability or impairment they may have. With many of the homeless population, there are mental health issues by themselves or intertwined with physical impairments.
You can contact Smith and Wax at (502) 581-1133. The website is www.SmithAndWaxLaw.com
Important Disclaimers: Content for informational only. This is an attorney advertisement. Principal office in Louisville, KY. Jim Ray is a non-attorney spokesperson.
Episode 6: In today’s episode, Trevor Smith, Louisville SSI attorney, discusses a question he often gets from parents, “Does my child qualify for SSI benefits?” He’ll explain how the evaluation criteria, issues parents need to consider and how he can assist parents in filing for SSI benefits.
There are 6 domains used by the social security administration to evaluate a child for Supplemental Security Income payments:
The child must demonstrate a “marked” limitation in 2 of the above domains or have an extreme limitation in one of them. The term “marked” falls between medium and extreme. Evidence will typically come from the school records and information provided by teachers and counselors. Trevor has a series of forms that he gives to parents for the school to complete. Judges put a lot of emphasis on the feedback provided by the teachers and counselors.
Common Issues Considered
Interestingly, being diagnosed with ADHD or autism does not automatically mean the child qualifies.
SSI Benefits can be up to $780 per month. The child will also get Medicaid. Remember though, the qualification for benefits involves an income test. If the family has resources, the child may not qualify for SSI benefits.
How Does the SSI Application Work?
Trevor cannot file the initial application for a child’s SSI. The parent needs to apply. However, if the application is denied, Trevor can then step in and assist the parent, on behalf of the child.
Can the Social Security Administration Stop the Payments?
Once the child is receiving supplemental security income payments, the social security administration may decide to stop the benefit payments. This is called cessation. Trevor can represent the family/child in appealing the attempt to stop the SSI benefits.
During the appeals process, the family can elect to continue receiving payments. If the appeal is unsuccessful, the family must repay the money received during the appeal. The family can decide to not receive payments during the appeal. If Trevor wins the appeal, the payments will be reinstated and the family will receive the back pay (the money they should have received while the appeal was being handled).
How Long Does the Process Take?
Once the application is filed, they may not receive a decision for 180 days. If they are denied, they only have 60 days to appeal the decision (“request for reconsideration”).
There can actually be a series of denials. The key point to remember is that you shouldn’t get discouraged. Be patient and don’t give up.
For information about how the COVID-19 pandemic has affected the social security benefits process, you can listen to the discussion from Episode 5.
You can contact Smith and Wax at (502) 581-1133. The website is www.SmithAndWaxLaw.com
Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.
Episode 5: Louisville Social Security benefits attorney Trevor Smith answers a question he’s been asked multiple times. It’s “Can I file for social security disability during the COVID-19 pandemic?” The simple answer is yes, but there have been a few changes to the process. Let’s discuss them in today’s episode.
The Smith and Wax law firm is still working during the coronavirus shutdown. People interested in applying for benefits can speak with Trevor to get their questions answered. The Social Security Administration is still up and running. While some people are continuing to work from home, the process is still going forward.
Face to face meetings are not permitted, but Trevor and his staff are communicating with people via phone and email. Trevor is mailing a packet of documents to be signed by new clients, which are to be signed and returned to the firm.
Consultative exams are often ordered by the court. These are independent examinations of the client. Due to the COVID-19 pandemic, the court is not requiring these exams. This typically won’t hurt the case. There is no information as to when those exams will be required. Cases are progressing normally, without them.
As soon as the doctor’s office, therapist or other healthcare appointments are available, you should set up an appointment to continue your treatment. The social security administration understands why there may be a lapse during this time. However, once the offices open back up, many people will be trying to get appointments with the doctors and therapists. It’s important that you don’t procrastinate. Document proof of treatment and their feedback is important to the success of your case.
The actual hearing for your case is impacted by the COVID-19 crisis. Normally, these hearings are done in person and in front of the judge. At this time, the courts are only scheduling telephone hearings through at least August. If you decide you don’t want a hearing via telephone, you can wait, but that decision may add considerable time to your case. The telephone hearing will last 30-60 minutes.
For now, the bottom line is that you can still get your case started. If you have questions, or would like to speak to an attorney about your situation, contact Smith and Wax at (502) 581-1133. The website is www.SmithAndWaxLaw.com
Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.
Episode 3: When clients meet with Louisville disability benefits attorney Trevor Smith, they typically have a mental problem or a physical problem, or both, which may qualify them for either SSDI or SSI benefits. To qualify, you need to have a severe impairment that has lasted or will last longer than 12 months and keeps you from working full-time (40 hour per week).
Mental cases can be cognitive and/or psychological. Many are psychological including schizophrenia, bi-polar disorder, anxiety, depression or PTSD. It’s important to make sure the person gets the proper treatment. Clients need to be in treatment with a psychiatrist and/or psychologist, possibly including a hospital stay or series of hospital stays.
Cognitive disorders might include low IQ or some type of diminished capacity. It could be a result of a birth trauma, genetics or other circumstances. Autism is a prime example. Just having the diagnosis won’t necessarily qualify a client for SSI benefits. However, if a psychological assessment supports the fact that the autism is preventing the client from performing at a simple job or keeping up in school, the client may qualify.
Trevor builds a case including documented reports from medical professionals. These reports help to support the argument Trevor will make to the judge, on the client’s behalf. The people who have a documented history of treatment tend to be more successful in a disability benefits case.
Both mental and physical cases will rely on statements you’ve made to your healthcare professional. It’s important that you stress to this individual the problems you’re experiencing, the severity and the frequency. That record helps to build the case that you can't work a typical 40-hour work week. Trevor wants it to be believable.
It’s important to see a specialist, not simply your primary care doctor. Episode 4 will deal specifically with attempts to self-medicate. If you have a bad back, have you been to an orthopedist? If you have a mental challenge, are you being treated by a psychiatrist? The reports from these specialists tend to be persuasive for a judge. Trevor will provide a medical-source statement for your provider.
Trevor and the other professionals at the Smith and Wax Law Office are happy to help you find other medical professionals and related services.
You can contact Smith and Wax at (502) 581-1133. The website is www.SmithAndWaxLaw.com
Important Disclaimers: The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.
The podcast currently has 13 episodes available.