Can I Receive Both Minnesota Workers Compensation and Social Security Disability?

The short answer is YES, in most instances you can receive both but there are many variables that are extremely complex.

In 1965 the Social Security Act was amended requiring that SSDI benefits be reduced when the injured worker is simultaneously eligible for periodic or lump-sum workers' compensation payments.  The effect is that the total combined amount of workers' compensation and Social Security disability benefits can not exceed 80 percent of the worker's average current earnings.  If they do, there may be a reduction of benefits.

In most instances where a client settles his/her workers compensation case, the lump sum settlement is divided over the employee's life expectancy.  It's important that this language is contained in any settlement documents if you are or intend to apply for Social Security Disability benefits.  This language in most cases allows you to receive a lump sum payment and most or even all of your regular Social Security Disability payment.

If you have sustained a work related injury and are or intend to receive Social Security Disability benefits, it's important to contact the attorneys of Atkinson Law Office to determine whether we can help maximize both of your benefits.  We provide FREE consultations and work on a contingent basis.  This means you will never personally pay us a retainer or write Atkinson Law a check for providing you with legal advice or representation in your workers compensation or Social Security Disability matter.  Visit our website today at Atkinson Law Office or call 651-333-3636.  Our team provides legal representation to clients across Minnesota and the surrounding states.

Can I Collect Minnesota Workers Compensation AND Social Security Disability?

YES you can depending upon why you received workers compensation benefits and why you were awarded social security disability benefits.  We frequently have clients with workers compensation injuries who later qualify for social security disability benefits.  In fact, we use some of the same information and evidence to support both claims. 

The Social Security Administration (SSA) allows for the simultaneous receipt of medical and disability benefits with workers’ compensation benefits.  There is a limit though of up to a maximum of 80% of the employee’s average current earnings (ACE) at the onset of an injured workers disability. The Social Security Administration will, however, “offset” or reduce SSDI payments if the combination of workers’ compensation and social security benefits exceed 80% of the ACE.

The attorneys at Minnesota Disability and Atkinson Law Office have tried hundreds of cases to hearing before BOTH Minnesota Workers Compensation judges and ODAR SSDI Law Judges throughout Minnesota.  We have a dedicated and experienced support staff waiting to assist you with your claim.  With over 20 years experience each in working with injured and disabled claimants, we are here to help.  There is NEVER a fee unless we recover benefits for you.

Attorney's Tom and Kerry Atkinson provide personal experience to you with your cases and can assist you with the coordination of your benefits.  Call today for a free consultation.  651-333-3636 and visit our website for additional information today.  www.mndisability.com

How Do I Testify At My Social Security Disability Hearing?

In short; truthfully!  This is probably your last chance to convince a office of disability and review (ODAR) judge that you are able to perform sustained gainful employment.  This is not the time to be too proud or boastful due to embarrassment.  I have watched disabled clients who are simply too proud to admit how tragically difficult their lives have become, how little they can help out at home or how close they are to becoming homeless due to their inability to work.  Your hearing is NOT the time to impress others (ODAR judges) about how great your wish your life was or is.

Tell the truth!  If you eat peanut butter and jelly sandwiches because cooking is too painful tell the judge and your doctors.  If you wear the same clothes for weeks on end because it's too painful to walk up or down the stairs to wash laundry, tell the judge and your doctor.  If you lay in bed with the lights off wishing that you were dead, tell the judge and your doctor.  Your life is not being judged, your success or failures are not being judged, YOU are not being judged.  Only the nature and extent of your disabilities will be judged.  Tell the truth, the whole truth and please know that thousands of others are in the same shoes as you.

At Atkinson Law Office and Minnesota Disability we will help you with your social security disability claim as much as possible.  We can help you from the initial application all the way through your hearing.  Unlike the vast majority of law firms and agencies, you will also work with licensed and experienced social security disability attorneys rather than clerks, secretaries and receptionists.  Please call us today to discuss your possible social security disability claim.  Please call today for a free consultation; 651-333-3636.  We represent client across the entire Midwest including, Minnesota, Wisconsin, North Dakota and Iowa.  At Minnesota Disability we are prepared to served injured and disabled workers.

How Long Must I Wait For My Social Security Disability Decision?

In 95% of all social security disability claims, benefits can be awarded in one of three phases of the application process; Initial Application, Reconsideration or ODAR (Office of Decision And Review) Hearing. 


If you received a favorable decision on your initial application or reconsideration, congratulations, your benefits will start as soon as the paperwork is processed.   You back benefits will likely be paid in a lump sum and your benefits will probably start within 30-90 days, assuming that you have completed the 5 month elimination period.

If your claim went through a hearing with an ALJ, you may have to wait longer.  Many ALJ’s in the Minneapolis and out state Social Security hearing offices take about 1-3 months to issue their written decisions.  When the decision is favorable, the claim file is then sent to the payment processing center, where it can take another 1-3 months for current benefits to start.
In some situations, Social Security issues current monthly benefits, but not the back payments.  This is because they need to investigate if you received any Supplemental Security Income (SSI) benefits.

Social Security does not have any specific rules on when they will pay you after being approved, but if you have not received your benefits 60 days after your hearing, give your attorney or the local ODAR office a telephone call.

If you are currently in the process of applying for Social Security Disability, please contact Minnesota Disability and Atkinson Law Office today for a FREE no obligation appointment.  There is NEVER a fee paid directly by you for representation.  Any fees will be paid from a small portion of the PAST benefits recovered.  Call today 651-333-3636 

Social Security Disability Appeals Process Changed

Following a new ruling, a claimant can no longer file an appeal with the Appeals Council and file a new claim at the same time.  The new ruling only applies to claims for the same type of benefits that are being appealed.

If you have a pending Social Security Disability claim and lost at hearing, you cannot refile for disability benefits, if your chose to appeal to the Appeals Council.  Prior to the enactment of this rule claimants were permitted to appeal the decisions of a Social Security Administrative Law Judge while simultaneously refiling a new Initial Application.  The change requires careful consideration of whether to appeal or simply refile.

If a claim is denied by the Social Security Appeals Council, the claimant then has the right to file a new application for social security disability benefits.

Social Security law changes can occur quickly and with little notice.  It's important to have an experienced attorney represent you from the inception of your claim.  At Minnesota Disability and Atkinson Law Offices P.A. we are ready to represent you at any point in the application process up through the hearing.   You can contact our office locally at 651-333-3636 and 1-800-933-5619.  You will have a local attorney and professional paralegal to assist you throughout the process.

Minnesota & Wisconsin Social Security Disability Experts

If you have a disability, then you may be eligible for Social Security Disability (SSD or SSDI) or Supplemental Security Income (SSI) benefits.  In order to receive these benefits, the Social Security Administration requires that you prove you are unable to work due to a medical condition that will last for at least one year in duration, or that will ultimately result in death.  Our expert attorneys and staff have years of experience in helping you obtain the medical support you need.

We know that the applying for benefits and proving your claim can be extremely difficult and frustrating.  Any mistakes in your application and failure to meet certain deadlines and complete paperwork required by the Social Security Administration can delay your receipt of benefits or in the worst case scenario lose your case.

Statistics clearly show that you are more likely to win your case with the help of a skilled disability attorney. The attorneys and staff at Minnesota Disability are ready to assist you with you claim.  You may question whether you can afford a disability attorney.  Minnesota Disability will never charge a fee unless you win.  Though we do not provide free help with Social Security cases, should we agree to represent you, we will never ever charge a fee unless you win your case.  After our client wins we are usually paid a limited fee by Social Security out of our client’s past due benefits. The fee is limited to twenty-five percent of the past due benefits with a limit by Social Security. If there are no past due benefits then we do not charge anything for our legal services.

Please contact attorney Tom Atkinson at Minnesota Disability today at 651-333-3636 or toll free at 800-933-5619 or visit our website www.mndisability.  We represent clients in disability claims in Wisconsin, Minnesota, Iowa, North Dakota and South Dakota.  Call Today!

Minnesota Social Security Disability Lawyers. I'm Confused, Who Should I Choose?

Your doctor, family members or even you have come to realization that you may never be able to return to work due to a serious injury or illness.  For years you have been unknowingly paying FICA "insurance" to protect you should health conditions prevent you from continuing to work.  YES we all have this deducted from our paychecks without even knowing it in most cases.  Please try not to be embarrassed because nobody in our office will shame you for your difficulties.  Instead contact an experienced Minnesota social security disability attorney with Minnesota Disability.

Our social security disability lawyers are experienced in helping individuals plead their disability cases and can help steer your application in the right direction regardless of whether you have never applied for benefits or even if your claim has been denied.  The attorneys at Minnesota Disability are licensed and experienced lawyers rather than merely representatives.  We promise to speak honestly with you about whether you claim has a high probability of success.  Don't fall for disability mills that advertise on daytime or evening TV and who take just about ever application that comes their way regardless of the merits.  We have a very high success rate because we provide one on one attention to every disability claim in our office.  Contact our office today to schedule a FREE consultation with one of our lawyers.  We represent individuals throughout Minnesota and in all neighboring states.  Please visit us at www.mndisability.com or call today at 651-332-8717.

Expediting Your Social Security Disability Application

News Release

Social Security Fast-Track Disability Processes Get Even Faster 

Michael J. Astrue, Commissioner of Social Security, today announced that the agency has published final rules that will further reduce the time it takes to decide applications for disability benefits from those persons with the most severe disabilities—a process that currently takes less than two weeks on average.  The new rules allow disability examiners to make fully favorable determinations for adult cases under the agency’s Quick Disability Determination (QDD) and Compassionate Allowance (CAL) processes without medical or psychological consultant approval.  It also will help the agency process cases more efficiently as it will give medical and psychological consultants more time to work on complex cases where their expertise is most needed.

“The new rules we are publishing today will help us get disability benefits to the most severely disabled Americans even faster,” Commissioner Astrue said.  “This year, more than 100,000 people benefited from our fast-track disability processes and received decisions in a matter of days rather than the months and years it can sometimes take.  I am pleased that our fast-track processes will now be even faster and help speed much needed benefits to our most vulnerable citizens.”
Under Social Security’s QDD process, a predictive computer model analyzes specific data within the electronic disability file to identify cases where there is a high likelihood that the claimant is disabled and we can quickly obtain medical evidence.  The CAL process currently identifies 88 specific diseases and conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits and can be fast-tracked.

The final rules, 20 CFR Parts 404 and 416, can be accessed through the Federal Register on-line at www.regulations.gov.  They will be effective on November 12, 2010.

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!

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 

Social Security Disability Benefits - Waiting: Survival Skills

Anyone who practices social security disability law understands the truth behind this articles subject.  For many, waiting for Social Security Disability (SSD) benefits, depending upon your support system, is a time that can be a horrifying and scary experience. 

You all have survival skills and many of you are not aware that you have them. Sometimes we do not become aware of them until we are faced with a very serious situation. 

Many of you believe that life will "swallow you up" if certain events happened. I think you would be surprised and many of you already realize this as you yourself have survived horrible situations. 

I want to give you an example of some survival skills I found in myself that I had no clue were there during a time in my life when I was very ill and my life was falling down all around me.

My point in sharing this is to point out that most of us would feel that we would crumble inside in certain situations but our survival skills kick in and we get through these times.

Patty Fleener shares her experiences for this article.

Let me paint the picture as quickly as I can. I was 39 years old (I'm 47 now). This happened directly before I met my husband. I had applied for SSD 3 times and two times went back to work, not finishing the application process. I had a difficult time "giving up." As a result I accrued many bills. 

The third and final time I applied, I was denied temporary funds while waiting for SSD. Strange because I was accepted the first two times but this new psychologist said I could go back to work within one year. Later I learned she said that about everyone and she even wrote in my report that because I was a social worker I would know how to fake an evaluation. She had to amend her evaluation later because the man that referred me advised her that I presented well and advised her of what she missed about me.

Anyway, I had zero money to live on while waiting to see if SSD would accept me and in most cases SSD does not accept people the first time you apply. 

I had food stamps and it took awhile to be accepted into the county housing program. I had to find a place to live where the rent was $400. or below and it could not be in the town of Salem where I lived as it was a county program. 

I gave plasma at the plasma back and received $5 or $10 up to $20. each time and I could only donate twice per week. I thought I would never do this but I turned my mind around and told myself I was helping others and I was. This was my gas money.

I searched and searched for a place to live for that amount or less. Nothing existed! I had a deadline to meet as I was of course being evicted from my apartment. 

Inside I knew there was a real reality that I could be homeless. It was hard to believe, as I was 39 years old, educated, etc., however I was disabled period.

Each morning I woke up and I realized the full extent of the trouble my life was in. I knew very well that I would be homeless if I became weak or fragile, which I truly was. I knew I had to search deep within for any ounce of strength and use it. 

When I woke up, inside my head I said to myself "Stand!" I said it to myself very sternly. I saw myself in my mind as someone who was made only of strength and I was powerful and I could get through anything. Any other feeling or thought besides this was totally dismissed because my strength that I imagined within was so strong and powerful it would simply stomp any "lesser feelings."

It is also very important to know that I am a Christian and during this whole time I prayed quite a bit. The thing that assisted me a great deal is the tremendous amount of faith I have in God to come through for me and He did. 

Months later I was accepted to SSD and a few months after that my relatives began to come to me. I had to work hard to get my father back as I had really raged at him. It wasn't until he began to hang up on me did I realize that I could not have him in my life unless I treated him with respect. (By the way, I am not recommending this to you parents out there. All of us with the BPD are different and your child may be suicidal when they call. So, it is different with each one of us).

It wasn't until I was safe that I unconsciously began to give up the "warrior" role I worked hard to develop. It took me at least a year after this experience before I really felt safe. I can't tell you how many dreams I have had about this.

The message in this story is that I believe we are designed to meet with hard challenges if we look deep within and BELIEVE that we are warriors.

Though this article may seem extreme to most, for those who have experienced the months waiting for the case to pass from the initial application, reconsideration and finally the long wait for hearing, many of Ms. Fleener's experiences may be all too real.

At MN Disability, attorney Tom Atkinson isn't focused on getting you benefits at the hearing, he does his best to prepare you case from the very beginning in the hopes of an award at the time of initial application.  Though this is an admittedly difficult task, his personal attention to your matter from the onset gives you every advantage possible by having a LOCAL Minnesota attorney represent you in your application for Social Security Disability benefits.  Contact him today for more information.  651-324-9514 or tom@mndisability.com  You can also find out more about his social security disability practice at www.mndisability.com

Medical Evidence of Disability

Medical evidence is the cornerstone for Social Security’s determination of your disability. A qualified Social Security Disability lawyer can explain how the benefits process works and save you time and effort.

Each person who files a disability claim is responsible for providing medical evidence showing that he or she has an impairment and how severe that impairment is. It is always best for your doctor to provide detailed records of your condition, along with an explanation of how it limits your ability to work or perform everyday tasks.

The medical evidence can also come from other “acceptable medical sources” depending on what condition has caused your impairment.

Acceptable Medical Sources

The Social Security Administration (SSA) defines “acceptable medical sources” as medical professionals including:

* licensed physicians (doctors)
* licensed or certified psychologists. Included are school psychologists or other licensed or certified individuals with other titles who perform the same function as a school psychologist in a school setting, for purposes of establishing mental retardation, learning disabilities and borderline intellectual functioning only.
* licensed optometrists, for purposes of establishing visual disorders only (except, in the U.S. Virgin Islands, licensed optometrists, for the measurement of visual acuity and visual fields only)
* licensed podiatrists, for purposes of establishing impairments of the foot, or foot and ankle, depending on whether the state in which the podiatrist practices permits the practice of podiatry on the foot only, or the foot and ankle
* qualified speech-language pathologists, for purposes of establishing speech or language impairments only. For this source, “qualified” means that the speech-language pathologist must be licensed by the state professional licensing agency, or be fully certified by the state education agency in the state in which he or she practices, or hold a Certificate of Clinical Competence from the American Speech-Language-Hearing Association.

Evidence from Treating Sources

SSA regulations place special emphasis on evidence from treating sources because they are likely to be the medical professionals most able to provide a detailed assessment of the claimant’s impairment and may bring a unique perspective to the medical evidence. Timely and accurate reports from treating sources are essential for accelerating the claims process.

Medical Evidence From Health Facilities

Social Security will also request copies of medical evidence from hospitals, clinics or other health facilities where you have been treated. All medical reports received are considered during the disability determination process.

Other Evidence

Information from other sources may also help show the extent to which a person’s impairment affects his or her ability to function in a work setting; or in the case of a child, the ability to function compared to that of children the same age who do not have impairments. Other sources can include: public and private agencies; non‑medical sources such as schools, parents and caregivers, social workers and employers; and other practitioners such as naturopaths, chiropractors and audiologists.

Choosing a Social Security Disability Attorney

Did you know that many firms and national companies don't even have an attorney representing you in your application for social security disability benefits? Often a long term disability (LTD) carrier will hire a large national chain with a representative you will NEVER meet and isn't an attorney.

Most Social Security applicants (and some of these large national companies) don't understand what is required in successfully presenting their case in front of an administrative law judge. First, it is important to understand that it is normally not enough to prove that you can't work at your last job. Instead you must prove that you have a "medically determinable disability" which prevents you from engaging in any "substantial gainful employment". The word "substantial" is important because you can earn a small amount of wages and still be eligible for disability benefits. The amount is set by the Social Security Administration and can change from time to time. If you are already engaging in substantial employment, then you are not eligible to obtain disability benefits.

Secondly, there are regulations that Social Security attorneys refer to as "the Grid". The Social Security Administration recognizes different standards for claimants of different ages, levels of education and work backgrounds. Once the appropriate standards are determined, an attorney can determine whether the medical records are adequate to support the claim for disability. If not, an attorney may pose specific questions to a claimant's treating doctor(s).

Thirdly, it is important for an attorney to help his client quantify his complaints in a specific manner. A claimant may be asked, "How much can you lift". A bad answer would be "not very much". An answer like this doesn't help to describe the claimant's limitations. It should be noted that Social Security judges refer to something called "The Dictionary of Occupational Titles" for job information. This source describes the exertional requirements of all classified jobs that exist in the national economy. It is up to the claimant's attorney to prove that his client can't perform any substantial work for which he is qualified. In addition, "Social Security Judges" will often bring "vocational rehabilitation counselors" into a hearing in order to get clarifications as to the claimant's "work background", "work restrictions" and the requirements of various jobs. An attorney must be prepared to effectively challenge the vocational counselor's testimony through effective cross-examination.

Finally, Social Security Hearings are informal and usually take about an hour, although they can vary in length, depending on the judge's format and the complexity of the case. Be sure to dress appropriately, as it is important to create a favorable impression. In short, preparation is the key to winning your case, so talk to your attorney ask him what you can do to help your cause. The lawyers at MN Disability & Atkinson Law Office are ready to assist you in ALL aspects of your application from the “Initial Application” up to an including any necessary appeals. Feel free to contact attorney Tom Atkinson directly at 651-324-9514 or tom@mndisability with any questions. Also visit our web site at www.mndisability.com

Welcome to Minnesota Social Security Disability Secrets

Social security disability can be an imposing hurdle to the average person. FACT - A large percentage for individuals who initially file for social security disability are DENIED the first time. FACT - Many of these people give up and never try again. Fortunately MN Disability and Atkinson Law Offices can show you that the initial application is often only the first step to obtain social security disability benefits. At MN Disability we will have LOCAL MINNESOTA attorneys assist you from the the initial application through the appeal process. You won't be working with a telephone representative from across the country who likely isn't even an attorney. Your first meeting and every other meeting after that will be with a Minnesota attorney with nearly two decades of experience as an attorney working with injured and disable Minnesotans! Contact Attorney Tom Atkinson today to have him review and assist with your application OR appeal for social security disability benefits. 651-324-9514