Are you 50 Years of Age Or Older? You Have Special Rights For Social Security Disability Benefits.

Attention Claimants age 50 and older you have special rights!

In my practice many of my clients applying for Social Security disability are over the age of 50 and have worked very hard their entire life. Unfortunately because of a serious medical condition or due to a combination of medical conditions they can no longer do their job. Surprisingly, when it comes time to applying for Social Security disability benefits, many of these same people are turned down.

Did you know the Social Security Administration has special rules for claimants age 50 or older?   Statistics indicate that an experienced Social Security attorney can argue these rules to help win YOUR disability case. In my experience we frequently obtain an on the record decision when a claimant is over 50, and is unable to perform the type of work he or she has done in the past.

Call for a free Social Security case evaluation TODAY!

Under Social Security rule, if you between 50 to 54 years old, and are limited to unskilled sedentary work, it is presumed you are unable to transition to other work given your age and restrictions. This is an enormous advantage when filing a claim!  The same person age 48 may lose their disability claim at age 48, but can often win it at age 50.

The rules get even better at age 55.  Any claimant limited to unskilled light exertional work is presumed to be unable to transition to other work.  Our office uses these rules to successfully obtain benefits for claimants.  Having a skilled attorney though prevents vocational experts hired by the government to improperly categorize your work history.  It is very important to have an experienced attorney to argue these rules!

If you have been turned down for benefits and are now approaching 50 years of age or older YOU CAN REAPPLY TODAY.  You are NOT precluded from reapplying for Social Security benefits after a denial.  Please contact Minnesota Disability and Thomas Atkinson for a free consultation. 1-800-933-569 or locally contact us at 651-414-0678.  Also visit our website www.mndisbility.com

Applying For Social Security Disability Benefits

Why does someone apply for Social Security Disability Benefits?

There's only one reason to apply for disability. And the reason is...that an individual is limited enough by their condition, or various conditions (mental, physical, or both), to the extent that they can no longer work, either at one of their past jobs, or at any other form of work deemed suitable by the social security administration (based on a claimant's age, work skills, past work requirements, current level of restrictions, and level of education).

That's one way to answer the question. Another way to address the issue, however, is to say this: You can apply for social security disability or SSI disability benefits and potentially win your case no matter what your diagnosed condition is. To some, this may sound strange, but, because of the way the social security administration evaluates and adjudicates disability benefit claims, the specific condition a person has is not nearly as relevant as the limitations that are caused by a claimant's condition.

For example, if disability claimant A files on the basis of having had a heart attack, but claimant A has not had resulting functional restrictions sufficient enough to prevent a return to work, claimant A will probably not be approved for disability benefits. On the other hand, if claimant B has osteoarthritis and the medical evidence demonstrates that claimant B will be unable to return to his former work, or perform any other form of suitable work, then claimant B will probably be approved for disability benefits.

So, in answer to the question, "What are reasons to apply for disability?", the answer is that literally any medical, psychological, or psychiatric condition may qualify you for disability benefits, as long as the condition sufficiently limits your ability to work.

However, on a final note, it should be stated that, according to social security's definition of disability, the inability to work at a former job or perform any other form of suitable work must persist for at least a year, or be be projected to last for at least one year.

When Do I Begin to Recieve My Cash Benefits?

My clients are often surprised to hear that they are not eligible to begin receiving their social security cash benefits until approximately 6 months AFTER they are determined to be disabled. If I’m found disabled why is there any reason to make me wait, they often ask. I am at a lost to answer this question as are those who have been representing claimants for decades.

After an individual is approved for Disability Insurance Benefits under Title II of the Social Security Act, they encounter two waiting periods. First, there is a five month waiting period until cash benefits are paid. The five months, however is more like a six month waiting period in actuality since the five months must be full months. In addition benefits for your first month of disability eligibility are not paid until after the month has ended. For example if you become disabled on January 2, 2008 you cannot count January as one of the five months. The date of first entitlement to cash benefits would be July 2008, but the check would not arrive until sometime in August 2008. In this extreme example, your waiting period is almost seven months.

The second waiting period is for Medicare benefits. This is a 24 month waiting period after the entitlement to cash benefits begins. Thus, the claimant who became disabled on January 2, 2008 would not become eligible for Medicare until July 2010.

The million dollar question is why must they suffer financially during these waiting periods when they are deemed disabled? Clearly there must be some rational explanation. Don’t look for a rational basis or logic when dealing with this issue as you won’t find it! Clients often ask why they have to endure these waiting periods. What is the rationale behind it? Many authors and experts believe that the waiting periods simply save money and I have to agree with their assessment, but it doesn’t make it right!

De Quervain's Tendonitis

The condition known as de Quervain's tendonitis, or tenosynovitis, results from the tendons at the base of the thumb becoming irritated or inflamed. When the tendon gets inflamed, the tunnel that surrounds it swells, and it becomes painful to move the thumb or wrist. Those who suffer from de Quervain's tendonitis feel pain when they hold things or try to form a fist.

Causes of De Quervain's Tendonitis

Formally known as first dorsal tendonitis, de Quervain's tendonitis is caused when the tendons at the thumb's base become irritated, usually as a result of a new repetitive activity. It is a frequent complaint from new mothers, who need to care for their babies with awkward hand positions they are not familiar with. Furthermore, changes in hormone levels from pregnancy and nursing add to the possibility of the condition showing up in new mothers.

A change to the way the wrist normally works and moves because of a fracture or severe strain can also trigger de Quervain's tendonitis because of the new and unusual stress the tendons may incur.

Signs & Symptoms

The main symptom of de Quervain's tendonitis is pain in the side of the wrist near the thumb. The pain might show up either suddenly or over time, but is felt in the wrist's first dorsal compartment. The pain can run up the forearm or down into the thumb. Moving the hand or thumb makes it worse, especially if they are twisted or used to hold onto something firmly.


The base of the thumb may become swollen and a cyst filled with fluid may even appear. The thumb, when moved, may sometimes catch or pop, and it may be hard to pinch. The nerve that lies on top of the tendon's sheath or tunnel may also become irritated and cause the index finger and back of the thumb to become numb.

Diagnosis of Tendonitis

Your hand surgeon will carefully examine your hand and wrist for signs of de Quervain's tendonitis and check if the tendons at the base of the thumb are tender. To test for it, you may be asked to make a fist with your thumb inside your fingers and your hand surgeon may then try to gently bend your fist toward your little finger. If you have de Quervain's tendonitis, this movement will cause pain.

Non-Surgical & Surgical Treatments

Your hand surgeon will treat the condition so that your pain is removed or lessened by reducing the irritation and swelling in the affected tendons. Your hand doctor may suggest that you wear a splint to rest your thumb and wrist and may recommend some anti-inflammatory medications. Sometimes the inflammation can be relieved by a shot of cortisone or other steroid, and any of these treatments can reduce the swelling and pain. Changing or eliminating the motions that cause the pain can also get rid of them.

If the symptoms are very severe or the treatments tried so far don't work, surgery can often help. During the surgery, your hand surgeon will open up the compartment to give the inflamed tendons more room to move. This procedure eliminates the inflamed tendons swelling even further, which in turn increases the inflammation, and so on. Following the surgery, a splint may be suggested, but once comfort and strength have returned, normal hand, wrist, and thumb function will come back.

Your Money in The Bank Does NOT Affect Your Entitlement To SSDI!

This is a very common mistake by the vast majority of the population. They believe that even though they are disabled, and have plenty of money in the bank, they will not qualify for Social Security Disability Benefits. THIS IS ABSOLUTELY WRONG!! Others believe they need to wait until this money is gone before I apply for Social Security disability benefits? ONCE AGAIN, THIS IS NOT TRUE!!

If you have worked in recent years and are now disabled, it does not matter how much money you have in the bank. There is no reason to wait to file the claim. Contact the attorneys at Minnesota Disability today to assist you with your application process. Attorney Tom Atkinson meets with clients thoughout Minnesota and Western Wisconsin seven days a week. Contact Minnesota Disability today, there is NEVER a fee until you are awarded benefits! Tom Atkinson 651-324-9514

Diagnostic Testing in Social Security Disability Claims

Musculoskeletal Diagnostic Test

  

X-ray 

This test uses radiation to take a picture of structures inside the body, especially bones. Back x-rays may show signs of arthritis, degenerative disk disease, osteoporosis, or a tumor.

MRI Scan
This test uses strong magnetic waves to take pictures of structures inside the body. An MRI can show disc herniations, disc degeneration, spinal cord or spinal nerve root compression, tumors, or infections in the spine.

Patients who have had previous back surgery will need a contrast, Gadolinium, injected. This substance helps differentiate scar tissue resulting from previous surgery. Gadolinium enhances the images of structures and alters local magnetic field in tissues being examined. Normal and abnormal tissue responds differently to the alteration from the contrast allowing the radiologist to visualize tissue abnormalities and disease processes. There is slight risk of an allergic reaction to contrast material, however, most reactions are mild and can be controlled with medications.

For some patients, MRI is not an option. An MRI cannot be done for patients who have:

• Pacemakers - an MRI can cause malfunction
• Shrapnel
• Bone plates or pins
• Aneurysm clips - an MRI may cause the clip to tear the artery it is trying to protect
• Metal fragments in eye - can cause eye damage or blindness
• Implanted spinal cord stimulators
• Inner ear implants
• Dental implants - some are magnetic
• Metal heart valves
• Tattooed eyeliner - iron pigments can cause irritation
• Women who have intrauterine devices (IUD)
• Pregnant women

Nerve Conduction Study
In this test, an electrical current is passed through a nerve to determine the health or disease of that nerve. This test is used in combination with an EMG.

Electromyography (EMG)
This test measures the electrical activity of muscle by placing needle electrodes into the muscle.

Myelography
In this test, a special dye is injected into the spinal canal. X-rays are then taken to see how the dye lines the space in the spinal canal and see if there are disc herniations or pinched nerves in the spine. A CT scan is usually performed after a myelogram in order to help visualize structures in the spine.

Before the CT/Myelogram
You will be instructed about not eating or drinking before the test. You will need to remove all jewelry, hairpins, hearing aids, and dental work.

You will lie on a moving table that slides into a scanner. The scanner moves around to change angles of x-rays.

Advise the Radiology Department if:

• You are pregnant
• Allergic to iodine dye
• Have kidney problems - the contrast can damage the kidneys
• Have diabetes
• Have had a barium enema within 4 days of the CT Myelogram

After CT/Myelogram
You will be instructed to keep your head elevated and not to bend over or lie flat. This helps keep the contrast material out of your head.

CT Scan
This type of x-ray uses a computer to generate images of structures inside the body. CT scans of the spine may show disc herniations, tumors, arthritis, vertebral fractures, or the stability of spinal fusions.

Bone Scan
A bone scan evaluates bones for infection, disease, fractures, tumors or other bone abnormalities. Bone scans examine the entire skeletal system. The scan can help diagnose the cause of unexplained bone pain, such as low back pain, detect damage to bones caused by infection or other disease, evaluate damage to bones, detect cancer that has metastasized to bones, and monitor conditions that can affect bones such as trauma or infection.

A small amount of radioactive tracer is injected into the bloodstream and the bones will absorb it. It may take up to three hours for the tracer to be absorbed and the scan to begin. During the waiting period, patients may be asked to drink 5-8 cups of water to help eliminate any radioactive tracer that is not absorbed into the bones. You can eat and drink as normal before the scan.

A Bone scan can take up to an hour. You will lie on your back while a scan camera moves slowly above and around your body. The camera will scan for the radioactive tracer and produce pictures of bones. The camera does not produce radiation.

A normal bone scan will show the tracer evenly distributed throughout the bones.

An abnormal bone scan shows the tracer accumulated in an area of the bone, indicating a "hot spot". Hot spots may be caused by a fracture that is healing, bone cancer, bone infection, arthritis, or a disease of a bone.

Some bones lack the tracer indicating a "cold spot". Cold spots may be caused by a certain type of cancer or lack of blood supply to a bone.

The body rids itself of the injected radioactive tracer thru urine or stool and is usually eliminated over a period of 24 hours.           

Back & Neck Pain

Causes of back pain

Muscles/Ligaments

There are many causes of back pain, the most common of which is a sprain or strain of muscles or ligaments. Muscle spasm can occur after twisting or bending awkwardly, or from a simple sneeze or cough. The majority of muscle spasms tend to get better over time. Severe cases of muscle spasms are treated with medication, physical therapy, or injections.

Discs

Disc Degeneration
Disc problems are common causes of back pain. Discs are usually moist, like a sponge with water in it. After a disc injury, or as we age, discs lose water and deteriorate in a process called disc degeneration.

The earliest form of injury to a disc is in the form of tears or fissures in the annulus fibrosis (outer portion) of the disc. The annulus fibrosis is like a large round ligament that prevents the nucleus pulposus (inner portion) of the disc from pushing outward. Tears in the annulus heal by scar formation resulting in tissue that is not as strong as normal tissue. The repeated cycle of many annular tears healing by scar formation lead to a disc that begins to degenerate.

As a disc degenerates it becomes stiff, narrows, and losses it's ability to act as a shock absorber. Bone from the vertebrae above and below the disc may grow forming bone spurs. If bone spurs get large enough, they may cause pressure on nerves in the spinal canal, causing pain, numbness, and weakness in the arms or legs. The combination of disc degeneration and bone spur formation in the spine is called spondylosis. Any narrowing within the spinal canal, from bone spur formation or from any other cause is called spinal stenosis. Spondylosis or spinal stenosis can occur at any level in the spine-cervical, thoracic, or lumbar.

Bulging Disc, Protruding Disc, Herniated Disc, Extruded disc
Over time, because of injury or degeneration, discs start to change shape. Many terms describe this change in shape including bulging, protruding, herniated, prolapsed, slipped. They generally describe a disc that is displaced beyond the limits of the intervertebral disc space.

The earliest change in shape many times is in the form of a disc bulge-a wide based extension of the disc. Often, disc bulges do not cause pain. As the degenerative process progresses, the central, nucleus pulposus portion of the disc can extend through a tear in the outer annular wall of the disc, resulting in a focal protrusion or herniation of the disc. Disc protrusions can cause symptoms of pain, numbness, or weakness from nerve root pinching. In some individuals however, disc protrusions will not cause any symptoms. A disc extrusion is a severe version of a disc protrusion in which a large portion of the nucleus pulposus is displaced through the wall of the disc. A disc extrusion is almost always symptomatic.

Facet Joints

Lumbar facet joint are small pairs of joints on the back side of the spine where the vertebrae meet. These joints provide stability to the spine by interlocking two adjacent vertebrae. Facet joints also allow the spine to bend forward (flexion), bend backward (extension), and twist.

Inflammation of facet joints can occur from injuries or from arthritis. Many times, particularly in the case of injuries, one may not see abnormalities on an x-ray or MRI.

Spinal Stenosis
The term lumbar stenosis refers to any narrowing of the spinal canal. There are many causes of spinal stenosis; the most common is degeneration of the spine, which occurs almost inevitably as a part of the aging process.

Several factors contribute to the narrowing of the spinal canal with degenerative changes. First, wear and tear causes the facet joint to enlarge into the spinal canal. Second, the major ligament of the spinal canal, the ligamentum flavum, undergoes hypertrophy (enlargement) and buckling. Third, the intervertebral discs may bulge backwards or herniate into the canal. Fourth, the vertebrae may slip forward in a condition called spondylolisthesis. Finally, these changes may be superimposed on a congenitally narrow canal.

The hallmark of lumbar stenosis is pain in the back and legs which is aggravated by standing and walking and relieved by sitting or forward bending. The syndrome of pain induced by walking is known as neurogenic claudication (from the Latin claudico, to limp). Neurogenic claudication must be distinguished from is vascular claudication, or leg pain on walking caused by insufficient blood flow to the legs. The features which help to distinguish neurogenic from vascular claudication are the following:

1. Pain occurs after varying amounts of exercise, with standing, or with coughing. Vascular claudication is reliably produced with a fixed amount of exercise, such as walking a certain number of blocks, and is rare at rest.
2. Pain relief with rest is variable and slow, usually requiring sitting or stooping. Resting in a standing position is usually not enough to relieve the pain and may even aggravate the pain. In contrast, the pain of vascular insufficiency is usually quickly relieved by resting in a standing position. This is the main distinguishing feature.
3. Pain from spinal stenosis is usually in a distribution of a spinal nerve rather than the muscles exercised.
4. Sensory loss is also in a nerve root distribution, while with vascular insufficiency it is in a stocking-glove distribution.
5. Signs of vascular insufficiency should be absent: diminished pulses, foot pallor on elevation, and decreased temperature of the feet.

Spondylolysis and Spondylolisthesis
The most common cause of low back pain in adolescent athletes is a stress fracture in one of the vertebrae that make up the spinal column. Technically, this condition is called spondylolysis (spon-dee-low-lye-sis). It usually affects either the fourth or the fifth lumbar vertebra in the lower back. The fracture site is called a pars defect.

If the stress fracture weakens the bone so much that it is unable to maintain its proper position, the top vertebrae can shift forward on top of the bottom vertebrae. This condition is called spondylolisthesis (spon-dee-low-lis-thee-sis).

In adults, a spondylolisthesis is usually caused from degenerative changes in the spine. If too much slippage occurs, the bones may begin to press on nerves and surgery may become necessary to correct the condition.

Causes

• Genetics: There may be an inherited aspect to spondylolysis. An individual may be born with a thin vertebral bone and therefore may be predisposed to this condition. Rapid growth spurts in a teen may also encourage slippage.
• Overuse: Several types of athletics, such as gymnastics, weight lifting and football, put a great deal of stress on the bones in the lower back. They also require that the individual constantly over-stretch (hyperextend) the spine. In either case, the excessive stress can lead to fractures of the vertebrae.
• Spondylolisthesis may also develop because of degenerative changes in the vertebral joints and certain medical conditions such as cerebral palsy.

Sacroiliac Joints
The sacroiliac joint connects the sacrum (the triangular bone at the bottom of the spine) with the pelvis (iliac crest). The joint:

1. Transmits all the forces of the upper body to the pelvis (hips) and legs
2. Acts as a shock-absorbing structure
3. Does not have much motion

The sacroiliac joint can become inflamed from an acute injury or from chronic postural abnormalities such as undue stress on the joint following low back fusion surgery. Pain from sacroiliac joint abnormalities can occur in the low back, buttock/hip, abdomen, groin, or legs.

Ankylosing Spondylitis
Ankylosing spondylitis primarily affects the spine or back. In a person with ankylosing spondylitis, the joints and ligaments that normally permit the spine to move become inflamed and stiff. The bones of the spine may grow together, causing the spine to become rigid and inflexible. Other joints such as the hips, shoulders, knees, or ankles also may become involved.

Other rare causes of back pain include:

• Benign or malignant tumors
• Infections
• Problems of the digestive tract or genitourinary tract
• Vascular problems such as an aneurysm or hardening of the arteries