Social Security Lawyer Albuquerque

When you’re unable to work due to a physical or mental condition that is expected to last longer than a year, you may be eligible to receive Social Security disability benefits. A Social Security disability lawyer at Decker Griffel can increase your chances of having your claim approved at the initial application, reconsideration, and hearing levels. We can help you file necessary documents, organize evidence and medical records, and present your case before an Administrative Law Judge, and if your claim is denied, we can assist you in filing a lawsuit against the Social Security Administration. What Do Our Social … Read More

Social Security Disability Benefits

If you have a debilitating condition that will keep you out of work for a year or more, you may qualify for disability benefits. These benefits are distributed through two programs administered by the Social Security Administration—Social Security Disability Insurance and Supplemental Security Income.  An Albuquerque social security disability lawyer at Decker Griffel can help you file for these benefits. If you are denied, we can help with the appeals process. We’ll help walk you through every step to ensure you’re receiving the proper compensation for your disability.  Social Security Disability Lawyers  Every time a worker receives a paycheck, they … Read More

Comparison of Federal Social Security Disability vs. State disability vs. Private Insurance Disability Benefits

Social Security

Being injured on the job or recently suffering a serious medical condition that makes it impossible for you to work can open the door to receiving benefits from a variety of different programs. Understanding how these works, however, and initiating the right applications, is not always easy. Whether you’re looking for information about state disability programs, private disability programs, or federal Social Security disability, this article will help you understand your next steps. If your family or you personally were relying on your income to pay your bills, it can be a significant financial hardship to realize that your condition … Read More

Social Security Disability Benefits for Endocrine System Disorders

Have you recently been diagnosed with one kind of several different endocrine system disorders? If so, you might need support with filing your application for a disability claim or to assist you if your first application was denied. The Social Security Administration uses a volume called the Blue Book to look at your medical condition and the records that support it in conjunction with the disabilities named in that Blue Book to determine whether your claim will be approved or not. Since this has tremendous influence on the outcome of your case, it is smart to have the support of … Read More

Your SSDI Appeal and How a Federal Court Lawyer Can Help

Social Security Disability Insurance, more commonly referred to as SSDI, offers a financial lifeline when a physical, emotional or mental condition makes it impossible for you to be gainfully employed. The Social Security Administration adheres to strict criteria to determine if you meet the definition of a disability qualifying for SSDI benefits. In fact, almost two-thirds of initial applications for benefits are denied. There is too much at stake to give up and not continue to fight for SSDI benefits even in the face of a denial. Given the high rate at which the Social Security Administration rejects initial applications, … Read More

SSD Appeals: Reconsideration, Request for Hearing, Appeals Council, and Federal Court

filling out a form

It is not uncommon for the Social Security Administration to deny an application for disability. If you have been denied coverage for any type of illness or disability, it may be possible to reapply. However, to do so, you must provide for the missing information or more accurate data that prove you meet the requirements for disability under your condition’s requirements. What Is a Reconsideration Review? There are several levels of appeals available through the Social Security Administration to most people who receive a disability denial. One of them is called a reconsideration review. This is done within 60 days … Read More

When Can You Get Disability Benefits for Coronary Heart Disease?

doctor with patient

Heart conditions can prevent you from completing work duties and maintaining gainful employment, so some patients are eligible for Social Security disability benefits. Certain heart conditions, such as coronary artery disease, arrhythmias, heart transplants or congestive heart failure, qualify you for automatic disability benefits, but there are also benefits for medical-vocational allowance, which is granted according to the details of the case. What are the Social Security Listings for Coronary Heart Disease? The Social Security listings related to cardiac conditions are located in Section 4.00 under the Cardiovascular System. These listings can be quite complex, so it’s important to consult … Read More

How to Apply for Disability Benefits with High Blood Pressure

checking blood pressure

Social Security disability benefits may be approved for high blood pressure when a person’s BP is over 140/90 and is a secondary symptom of kidney disease, obesity, cardiovascular disorders or other serious medical issue. To meet criteria for SSD eligibility guidelines for high blood pressure, you must prove your condition prevents you from being “gainfully employed” and that high blood pressure significantly interferes with at least one physiological system. Where is High Blood Pressure Listed in Social Security’s Blue Book? No individual listing exists for high blood pressure in the SSA’s Blue Book of medical conditions. Instead, SSD eligibility for … Read More

What Is a Protective Filing Date for Social Security Disability?

Protective Filing Date

When you file a Social Security Disability claim, there are certain safeguards put in place to help ensure that your claim is reviewed and considered in a timely manner. Your protective filing date is secured once you contact the Social Security Administration (SSA) stating that you intend to file a claim for Social Security Disability benefits. Once this status is confirmed, it’s considered to be your official application date even if it’s earlier than the date when the SSA actually receives your signed and completed application. Your protective filing date, along with your SSDI’s date last insured are both crucial … Read More

What Will Social Security Do When It Finds an Overpayment?

woman in wheelchair using laptop computer

A Social Security overpayment occurs when changes to a recipient’s circumstances, such as employment or access to new resources, are not provided to the SSA in time to adjust monthly benefits. If the SSA thinks it has overpaid you, they will send a notice via mail about the overpayment that contains information regarding why you were overpaid. In some cases, social security beneficiaries have lawyers who provide representation when problems with the SSA arise. A Social Security overpayment attorney will receive notices of overpayment instead of the beneficiary. How Does the SSA Collect Overpayments? Overpayments to SSDI recipients are collected … Read More

What is a Social Security Administrative Law Judge Disability Hearing?

judge's gavel

Applications for Social Security Disability Insurance can be denied for a wide variety of reasons. For some, their Date Last Insured has passed, while others may have included errors in their paperwork. Whatever the case, a denial can be met with an application for reconsideration. If that fails too, the next appeal involves a court date with an administrative law judge. Learn all about this SSA law judge disability hearing. What is a Social Security Disability Hearing Like? Each disability hearing will vary based on the details of the case and the administrative law judge presiding over it. If the … Read More

How does the Social Security Disability Review work?

elderly couple enjoying the view

Social Security disability benefits are not always guaranteed lifetime benefits. How long you receive benefits depends heavily on the type of health problem affecting your ability to work. Periodically, a disability review is held to determine if someone receiving SSI or SSDI is still eligible to receive these benefits. Primary criteria impacting eligibility for social security benefits is work activity and medical improvement. How Does the Social Security Administration Establish Review Dates? Generally, disability review dates are categorized according to three categories of benefits: improvement (in a person’s health) is likely; improvement is possible and improvement is impossible. If someone … Read More

What Is the Date Last Insured (DLI) for Disability Benefits?

calendar planner

Disability benefits through Social Security Disability Insurance are essential in order for a disabled person to survive in an economy that rewards those who can work. In order to qualify for those benefits, however, one must apply before their Date Last Insured or DLI. Here’s everything you need to know about how the Date Last Insured affects the application process. What Is the Date Last Insured? There is no set DLI that applies to everyone. Instead, there are rules that determine the DLI on an individual basis. Generally, the DLI is the date five years from when you last worked. … Read More

What Disability Benefits Qualify as Earned Income for EITC?

two women working on laptop, one in a wheelchair

The Earned Income Tax Credit (EITC) is a tax credit for people filing head of household, married filing jointly, single or as a qualifying widower who have adjusted gross incomes not exceeding specific yearly income limits as established by the IRS. Earned Income for EITC and Disability Benefits The Internal Revenue Service (IRS) does not consider disability benefits as earned income. Therefore, people on SSI or SSDI cannot claim the earned income tax credit. The IRS considers earned income as wages that you have paid federal, state and local taxes on. However, the IRS does classify disability retirement payments as … Read More

How Much Do You Get for a Workers Compensation Benefits Settlement?

construction worker

Multiple factors determine how much an injured worker receives from a workers compensation benefits claim. Most of these factors involve what happened to the worker as a result of the accident–severity of injury, whether body parts sustained complex injuries and if the impairment is permanent. In most cases, an employer and their insurance company will evaluate medical care costs and wage loss benefits to settle on an amount paid out at some point in the future. A settlement’s value may also increase if the injured employee proves they will need additional and/or ongoing treatments. How Much Can I Get from … Read More

Do You Need a Lawyer to Make Your Will?

last will and testament

If you want to make a will, but you’re not sure about the process, there are two options. You can hire a lawyer to help, or you can create your will yourself. Each of these options will have some advantages and disadvantages, however, according to your particular situation. Should I Write My Own Will? Writing your own will saves you the costs of hiring a will attorney, which is the primary reason that most people choose to do it themselves. You must be careful to comply with the laws, however, and it could be challenging to create a will if … Read More

Can a Child Get SSI Disability for Fetal Alcohol Syndrome?

infant child

Children with fetal alcohol syndrome (FAS) or those with a condition that falls on the fetal alcohol spectrum are typically able to get Supplemental Security Income (SSI) benefits. There are several listings that the Social Security Administration (SSA) when considering children and adults who struggle with fetal alcohol syndrome. If a child meets any of these criteria, it should be possible to get benefits. And even if the child does not meet criteria exactly, it still may be possible to get benefits if the child is impaired in some way. What is Fetal Alcohol Syndrome? FAS is a condition that … Read More

Can I Accept Financial Help While Applying SSDI?

woman assisting senior with laptop

If you’re sick or injured and no longer able to work, it can be a significant strain on your finances. In addition to healing, you also face the stress of ongoing financial responsibilities, and the approval process for Social Security Disability (SSDI) can be long and tedious. Fortunately, accepting financial help from friends or family is acceptable, even after you’ve been approved for benefits. SSDI is not need-based, so it isn’t affected by unearned income. What if My Spouse or Family Member Earns Income? The main criteria in SSDI is an established work history. Your benefits are based on your … Read More

Why SAFE House Is Getting a Helping Hand from Decker Law Office

joined hands

SAFE House is a haven for people suffering from domestic violence. They provide support and guidance to those going through a difficult time, which is why Decker Law Office wanted to get involved. They’re making a charity donation to the organization so they can continue their efforts for the benefit of the whole community. Find out more about this adult house, and why they deserve the attention. What Is Domestic Violence Support? SAFE House is more than just a homeless child shelter. It’s a resource for everyone in the neighborhood who may be suffering. They take in everyone regardless of … Read More

How Does My Work History Affect My Disability Application?

two women meeting at work

When applying for Social Security disability benefits, the first part of the process is to determine your eligibility. The Social Security Administration uses a medical guide, the Blue Book, to decide if your illness or condition calls for disability payments. Though your condition may be severe, it’s not a guarantee that you’ll be approved for benefits when applying for SSDI. The SSA evaluates your remaining capabilities, known as your Residual Functional Capacity (RFC), to determine what work you can still perform. This means you need to prove that your current condition prohibits you from performing either the job you’re qualified … Read More

How to File a Wrongful Death Lawsuit after a Fatal Car Accident?

woman filing out form

Can you file a wrongful death lawsuit if a loved one has been the victim of a negligent driver? Probably so. When someone is killed in a car accident and the at-fault driver was driving at a high speed, intoxicated or intentionally driving recklessly, you may indeed have a wrongful death case. Always contact a car accident attorney who is skilled in handling wrongful death lawsuits when a loved one has been fatally injured by a reckless driver. You may be entitled to compensation and even punitive damages if the driver exhibited especially egregious acts behind the wheel of a … Read More

How a Wrongful Death Lawsuit Works?

car accident

A wrongful death lawsuit attorney litigates cases involving individuals who have died due to someone else’s reckless or negligent actions. The goal of a wrongful death claim is to obtain compensation for the emotional and financial hardship inflicted on family members by the death. Automobile accidents, medical malpractice and workplace accidents are often at the core of a wrongful death case. Who Can File a Wrongful Death Suit? Family members considered “heirs” can file a wrongful death claim. A wrongful death lawsuit attorney must prove the defendant (the person responsible for the unintentional death of a loved one) exhibited extremely … Read More

Advice & Tips for Worker’s Compensation Disputes

farmer working

Just about every American has to work in order to survive. Since labor is such a central part of our lives, every person deserves a safe and productive working environment. Fortunately, there are laws in place designed to protect the rights of the worker that will help ensure you get the coverage you deserve should you ever sustain an injury on the job. Here are some workers compensation tips for any disputes. Understand Your Benefits The benefits you can receive after you’re injured or disabled on the job are typically separated into several different categories, and you’ll only be eligible … Read More

What are the differences between Worker’s Compensation and Social Security Disability Benefits?

carpenter working

When you can’t remain employed because of an injury or chronic illness, you may be entitled to worker’s compensation or Social Security disability benefits, depending on how you became incapacitated and unable to perform work duties. Both programs provide financial assistance to adults who cannot be “gainfully” employed, or work enough to earn a living salary. What is Worker’s Compensation? When an employee is injured at work severely enough to prevent them from doing their usual tasks, they may apply for and receive worker’s compensation benefits instead of litigating the matter. Employers must carry workers compensation insurance to cover serious … Read More

Factors that Determine how much Social Disability a Person Receives?

senior mom and adult daughter

Every year, millions of American workers find themselves suffering from a disabling health condition that prevents them from maintaining a regular work schedule and prevents them from earning enough income. Luckily, the Social Security Administration provides disability or SSD benefits to help them make ends meet. However, proving eligibility can be difficult, depending on the type of health condition you have and the severity of your diagnosis. It can also be difficult to determine how much your disability payment will be each month before you apply. Keep reading to learn more about the SSD process and which disability factors result … Read More

Disability and Federal Government Shutdown FAQ


Congress passed a spending bill on Thursday, Dec. 7, staving off a federal government shutdown for another few weeks. The new deadline is tonight, Friday, Dec. 22. To prevent a government shutdown, Congress must pass a bill to fund the government sometime today. NPR commentators speculated that Congress may once again decide to fund the government for only a few weeks, “kicking the can down the road” once again. But Congress doesn’t always pass a bill to fund the government in time. Sometimes the government does shut down, as it did three times in the 1980s, twice in the 1990s, … Read More

What mental disorders qualify for Social Security disability?

person with their head in their hands

Mental disorders qualifying someone to receive Social Security disability benefits not only include serious mental illnesses like schizophrenia, bipolar disorder and general psychosis but also severe depression, anxiety, phobias and obsessive-compulsive disorder. The SSA may approve a claim for a mental disorder if the applicant proves they cannot engage in “gainful” employment, cannot be trained sufficiently enough to maintain employment and has suffered from the mental disorder for at least one year. What Categories of Mental Disorders are found in the SSA Blue Book? Medical and clinical information needed to be approved for Social Security disability is the same for … Read More

Can I Get Social Security Disability Payments for Migraines?

woman suffering from a migraine headache

Migraine headaches are a common health issue that affects millions of Americans each year. And while most people can manage the pain associated with their migraines, others may find that the migraines and associated health conditions make it impossible to maintain regular employment. While it can be difficult to prove that your migraines are this severe, if you have a well-documented history of struggling with them, you may be able to apply for social security disability benefits. Migraine Headaches: How Can I Receive Disability Payments? Research shows that nearly 18 percent of women and 6 percent of men in the … Read More

Why Is The Alleged Onset Date So Important?

troubled teenager

When applying for SSD, the application will include a question asking when the disability began. This “alleged onset date” or “disability onset date” is important because it helps determine whether the application will be approved and may influence how much disability back pay an applicant is entitled to receive. However, what an applicant considers the alleged onset date may differ from what the Social Security Administrations decides is the real disability onset date. For example, if someone is applying for SSD because of a severe illness, the SSA does not want the date the illness was initially diagnosed by a … Read More

When is a Person Considered Disabled by Social Security Disability?


Decker Law Office. The Social Security Administration defines a “disabled” individual as someone who cannot maintain substantial employment. In 2018, the SSA considered substantial employment (substantial gainful activity) as employment providing a person with at least $1180 each month. People seeking Social Security disability cannot be earning more than $1180 per month when initially applying for benefits. However, some claimants may be able to continue working while awaiting a decision from the SSA. What Medical Evidence is Needed to be Considered a Disabled Person? Social Security disability applicants must submit clinical evidence of mental or physical impairments (functional limitations) that … Read More