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October 2015 Archives

Is drug addiction an illness for receiving SSDI in New Jersey?

The ravages caused by addiction to drugs or alcohol are, unfortunately, no stranger to many New Jersey residents. Regardless of race, economic or social standing, the consequences of substance abuse touch all strata of American life. While we have learned much about the physiological and genetic components of substance addiction over the past several decades, there is still a certain stigma attached to those who are sometimes considered weak or lacking in willpower.

'RFC' may affect New Jersey SSDI applications for mental illness

We have previously touched on the fact in this space that it may be more difficult for applicants for Social Security Disability Insurance benefits to get approval for a psychological disability due to the more subjective nature of diagnosis of many types of mental illness. Without the availability of reliable, objective medical tests, workers at the Social Security Administration, or New Jersey Disability Determination Services may be less able to come to a positive conclusion about a case, especially when the condition does not fit one of the specific definitions contained in the blue book.

What is an 'Impairment-Related Work Expense' for SSDI purposes?

A previous post here covered the concept of "substantial gainful activity" when it comes to applying for Social Security Disability Insurance. The Social Security Administration looks at whether an applicant's disability prevents the person from working enough such that earnings meet the requirements to be considered substantial gainful activity, or SGA. If it does, that applicant may not be eligible for SSDI benefits.

What should an SSDI medical report contain in New Jersey?

Previous posts here have covered many aspects of the Social Security Disability Insurance process, including applications, reconsiderations, federal regulations, hearings in front of an Administrative Law Judge and appeals. We have also discussed the specific evidentiary requirements the Social Security Administration adheres to for specific types of injuries or ailments. As we have seen, the SSA requires that any injury used as a basis for an application for SSDI benefits result in a "medically determinable" disability. To meet this standard, the state agency responsible for processing SSDI claims will usually use medical reports from the injured person's doctor. So, what information should be in this type of report?

You won't know if you have a legitimate claim unless you talk to an experienced attorney. Get in touch with me today.

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