Are you unable to work because of a disability? Get the answers you need on Social Security Disability to protect your rights
Keefe Disability Law has compiled a list of the most frequently asked questions in response to the overwhelming number of people who need help with the Social Security Disability process in Massachusetts, New Hampshire and Rhode Island. If you are disabled and need help with disability benefits, read on to learn how to protect your legal rights.
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The pharmaceutical company did not warn me about the potential side effects of my medication. Is the pharmaceutical company liable for the injuries I suffered?
The pharmaceutical company may be legally responsible for the injuries that you suffered if it knew, or should have known, about the potential injuries and if it failed to warn you about those injuries.
Two Ways a Pharmaceutical Company May Fail to Warn
A pharmaceutical company may have failed to warn you about potential injuries if it:
- Did not mention potential side effects while advertising or marketing the medication. Pharmaceutical companies are not required to advertise their products. However, if they choose to advertise by sending representatives to doctor’s offices, by promoting their medication on social media, or by running television, radio, internet, or print ads, then they must be truthful in their advertisements or marketing efforts. This means that they must disclose the risks of the medication along with the benefits of the medication.
- Did not include information about side effects in the warnings or instructions that accompanied the medication. Pharmaceutical companies have a duty to include known side effects in the prescribing information that accompanies a prescription drug.
Copies of advertisements, information about marketing strategies, copies of drug inserts, information about what the drug company knew about potential side effects, and other information that may be important to your claim.
You Deserve to Make a Fair Recovery If the Pharmaceutical Company’s Failure to Warn Resulted in Your Injury
You can only rely on the information that you are given. If the pharmaceutical company fails to provide you with complete or accurate information, then you are forced to make a decision about using a medication without the facts that you need.
This can cause you to make a decision about using a drug that you would not have otherwise made and it can cause you to suffer significant injuries. The failure to warn about a potential side effect can be as dangerous as designing a defective drug or manufacturing a defective drug.
You may not be the only one who was hurt by the pharmaceutical company’s failure to warn. Other people may have suffered similar injuries and together you may be able to join in a mass tort action against the pharmaceutical company—so that you can recover the individual damages that you deserve. To learn more, please contact our prescription drug injury lawyers directly via this website or by phone to schedule a free, no-obligation consultation about your rights and possible recovery.
What should I do if I’ve been injured by a medical device?
Many of the actions that you take after suffering a defective medical device injury can impact your potential recovery. Some of the actions may help your recovery while other actions may hurt your recovery. You need to know about both the actions that can help you and the actions that can hurt you so that you can make sure your rights and potential financial damages are protected.
Four Things You Should Do If You Suffer a Defective Medical Device Injury
As soon as you notice a symptom, side effect, or medical condition that could be related to your medical device it is important to take action. Your actions may include:
- Seeing a doctor as soon as possible. The primary purpose of seeing a doctor whom you trust is to get an accurate diagnosis and to begin medical treatment. However, seeing a doctor may also have a significant impact on your potential recovery because it will document your injury and your attempts to recover from your injury.
- Documenting your symptoms and how they impact your life. Right now you might think that you will remember every bit of pain and every way in which your injury impacts your everyday life. However, as time goes on, the details may become fuzzy. Accordingly, it is important to keep a journal or calendar that documents how you are feeling and how your injury impacted your daily activities.
- Doing a little research. A simple internet search with the name of your medical device and the word injury may reveal whether or not other people are suffering similar injuries because of the same device and whether a mass tort action has been filed.
- Contacting a medical device injury lawyer. An attorney can review your claim with you and advise you of all of your legal options so that you can make an informed decision about protecting your rights.
These actions can help you better understand what happened to you, manage your medical condition, and protect your financial recovery.
Four Things You Should Not Do If You Suffer a Defective Medical Device Injury
The actions that you don’t take are just as important as the actions that you take. Accordingly, it is important that you do not:
- Try to treat your symptoms yourself. This can interfere with both your physical recovery and your legal recovery. You may end up making your injury worse or failing to make it better. Likewise, you may complicate issues of liability if you do make your physical condition worse by failing to get medical care.
- Negotiate directly with the pharmaceutical company or its lawyers. The pharmaceutical companies do not want to accept liability nor do they want to pay you for your injuries. Accordingly, they may try to deny or minimize your claim to protect themselves. Anything that you say to the pharmaceutical company may be misconstrued and may make your fair recovery more difficult.
- Post on social media. Anything that you put on social media may also be misunderstood and used against you when you pursue a recovery. For example, if you post a picture of yourself at a party, then it may be interpreted to mean that you are not as hurt as you claim.
- Wait too long to do anything. You only have a set amount of time to pursue a legal claim. If you file a lawsuit after the statute of limitation expires then you should expect the pharmaceutical company to file a motion to dismiss the lawsuit.
Any of these mistakes could interfere with the recovery that you deserve.
Let a Defective Medical Device Injury Lawyer Advise You on Your Next Steps
You shouldn’t have to guess about what to do, or not to do, after you suffer an injury. The potential consequences of your actions are complicated, and the potential impacts of your actions are serious.
Our experienced medical device injury lawyers can advise you every step of the way. We can weigh the pros and cons of each action you might take with you and provide you with valuable advice about protecting your rights after a defective medical device injury. To learn more about whether you may have a claim, please contact us today for a free, no-obligation consultation.
How long will it take to get long-term disability benefits after I become disabled?
Your disability is keeping you from working. Without an income, you are likely eager to start receiving the long-term disability benefits from the insurance policy that was part of your employment compensation package. Unfortunately, those benefits may not start immediately.
The Waiting Period for LTD ERISA Benefits
The majority of group long-term disability plans have something known as an “elimination period” or a waiting period. Typically, the elimination period lasts 90 or 180 days. During this time you may not receive long-term disability benefits.
However, you may still be receiving some kind of income. That income may include:
- Sick days. You may be eligible for sick time benefits and you may be able to take the sick days that you accrued.
- Short-term disability insurance benefits. Most long-term disability elimination periods are the same length as your short-term disability coverage. Therefore, you may be receiving short-term disability benefits while you wait for your long-term disability coverage to take effect.
Generally, long-term disability insurance plans are written to require you to exhaust your sick days and short-term disability insurance benefits before your long-term disability insurance benefits take effect.
Waiting for the benefits that you’ve earned can be frustrating. However, the wait is not unique to long-term disability plans. For example:
- Other programs that provide benefits to people with disabilities also have waiting periods. For example, Social Security disability benefits only start after you’ve been disabled for at least five months.
- Other types of insurance plans have deductibles. Your home and auto insurance likely have deductibles that you pay out of pocket. Your health insurance may also have a deductible, co-pays, or both. The wait for long-term disability benefits is similar to the concept of a deductible in that you are not compensated immediately and must wait until the elimination period is completed to receive benefits.
While the waiting period is required and may be expected, you can still take action to make sure that it is no longer than necessary and that you get your benefits as soon as possible.
How to Avoid Unnecessary Delays of Your Long-Term Disability Benefits
Insurance companies maximize their profits by paying out as little as possible in claims. One way an insurance policy may try to pay you as little as possible is to delay the approval of your claim. This may be happening to you if:
- The insurance company is repeatedly requesting small amounts of information from you. Each time the insurance company sends a letter requesting information, the clock stops on the insurance company’s deadline to decide your claim. Therefore, if you are repeatedly getting letters that ask for one or two non-critical pieces of information then the insurance company may be attempting to draw out the time that it has to make a decision.
- The insurance company denies getting the information that you sent. Make sure you keep copies of everything that you send so that you can quickly get a second copy to an insurance company that claims not to receive your mail, email, or faxes.
Insurance companies have a duty to act in good faith in deciding claims. Typically, the insurance company should make a decision about your claim within 45 days and your payments should begin within 90 or 180 days, as stated in your plan. While these deadlines may be extended in certain circumstances, they may not be extended because of unnecessary delays.
Our experienced ERISA attorneys are here to help you recover the long-term disability benefits that you’ve earned in a fair and timely manner. We will not let the insurance company violate the terms of your policy or violate ERISA law without facing legal consequences. To find out more about how we can help you get the benefits that you’ve earned, please contact us today for a free, no-obligation consultation.
Can I get Social Security disability benefits if I’ve been diagnosed with an affective disorder?
Yes, if you suffer from an affective disorder and you can prove that you meet the eligibility criteria for Social Security disability then you may be able to recover monthly benefits.
The First Question Is Whether You Have an Affective Disorder
An affective disorder is not one specific disease. Instead, it is a term used to describe a set of psychiatric diseases that can range from mild to severe, with symptoms varying between individuals. Affective disorders are also sometimes referred to as mood disorders. There are three main types of affective disorders, including the following:
- Depression. Also known as major depressive disorder, this condition typically causes people to feel extreme sadness and hopelessness. Episodes can last for several days or can continue for weeks or months.
- Bipolar disorder. This condition results in people experiencing periods of depression followed by periods of mania. Mania occurs when you feel extremely positive and active. Unfortunately, mania is not always good. Instead, it can make you feel irritable, aggressive, impulsive, and even delusional. Bipolar disorders can be further broken down into different classes of the disease according to the severity of the depression and mania, as well as how often the swing between the two moods occurs.
- Anxiety disorders. Like bipolar disorder, anxiety disorders come in many different forms. These include social anxiety caused by social situations, post-traumatic stress disorder caused by a traumatic event, generalized anxiety disorder which does not have one particular cause, panic disorder, and obsessive-compulsive disorder.
While anxiety is a type of affective disorder, the Social Security Administration categorizes anxiety disorders differently than depression and bipolar disorders. If you are applying for benefits then it is important to know which Social Security disability listing of impairment may be relevant to your claim.
The Next Question Is Whether You Qualify for Social Security Disability Benefits Because of Your Affective Disorder
Unfortunately, when affective disorders are severe enough, it can become difficult or impossible for a person to carry out activities of daily living and to work. Social Security disability benefits may be available to provide some relief from this financial burden—if you qualify.
Just as there are different types of affective disorders, there are different ways to qualify for Social Security disability if you are diagnosed with an affective disorder. For example, you may qualify for disability benefits if:
You Meet the Requirements in the Blue Book Listing of Impairments
Affective disorders are included in Section 12.00 of the Social Security Administration’s Blue Book Listing of Impairments which covers mental disorders. You may satisfy the requirements for an affective disorder pursuant to a specific listing if one of the following is true:
- You have depressive disorder and you meet the requirements in Section 12.04A(1). To do this, you must have medical documentation that shows that you experience five or more of the following symptoms: depressed mood, diminished interest in almost all activities, appetite disturbance with a change in your weight, sleep disturbance, observable psychomotor agitation or retardation, decreased energy, feelings of guilt or worthlessness, difficulty concentrating or thinking, and thoughts of suicide or death.
- You have bipolar disorder and you meet the requirements in Section 12.04A(2). To meet this requirement, you must have medical documentation that proves that you experience three or more of the following symptoms: pressured speech, flight of ideas, inflated self-esteem, decreased need for sleep, distractibility, involvement in activities that have a high probability of painful consequences that are not recognized, or an increase in goal-directed activity or psychomotor agitation.
- You have anxiety disorder and you meet the requirements in Section 12.06A(1). To qualify pursuant to this listing, you must have medical documentation that proves that you have at least three of the following symptoms: restlessness, tiring easily, having difficulty concentrating, irritability, muscle tension, or sleep disturbance.
- You have panic disorder and you meet the requirements in Section 12.06A(2). To qualify for benefits under this listing, you must have medical documentation that one of the following is true: you have panic attacks followed by a persistent concern or worry about having more panic attacks or the consequences of panic attacks, or you have a disproportionate fear or anxiety about at least two different situations.
- You have obsessive-compulsive disorder and you meet the requirements in Section 12.06A(3). You will qualify for benefits under this listing if you have medical documentation to prove that one of the following is true: you have an involuntary, time-consuming preoccupation with intrusive, unwanted thoughts or you have repetitive behaviors aimed at reducing anxiety.
In order to qualify for benefits pursuant to any of these listings, you must also prove that one of the following is true:
- You have an extreme limitation in one, or a marked limitation in two, of the following four areas of mental functioning: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, persisting, or maintaining pace; and (4) adapting or managing yourself.
- Your affective disorder is serious and persistent. That means that you have a medically documented history of the disorder for a period of at least two years and there is evidence—that despite ongoing medical treatment, mental health therapy, psychosocial support, and a highly structured setting that diminishes your symptoms—you still have a minimal capacity to adapt to changes in your environment or demands that are not part of your daily life.
These are tough requirements to meet and you may be unable to work because of your disability—even if you do not meet the technical requirements in the Listing of Impairments.
You May Qualify for Benefits Because of the Severity of Your Affective Disorder
Even if you do not meet the requirements in one of the listings described above, you may still qualify for benefits if your symptoms are equal in severity to another listing or if you are unable to work because of the significant way that your condition impacts your ability to work.
Get the Help You Need Before You Apply for Benefits
Obtaining Social Security disability benefits is important for many people suffering from affective disorders. You may need these benefits if you are unable to earn a living. Our experienced Social Security disability lawyers are here to help you through this process. We encourage you to contact us today for a free consultation and to download our free report, Unlocking the Mystery: The Essential Guide for Navigating the Social Security Disability Claims Process, to learn more.
I got a call from Texas Disability Determination Services asking me to see a doctor before a decision is made on my Social Security disability application. Do I have to attend this appointment?
Generally, yes, if you want your application for Social Security disability benefits to be approved then you need to comply with the Disability Determination Services (DDS) request that you attend a consultative medical exam. This exam will not cost you any money, but before you see any doctor for any reason, it is important to understand the purpose of the appointment and your rights.
Who Performs a Consultative Exam?
The doctor who you usually see may be the one who performs your consultative exam. It is the Social Security Administration’s policy that the treating source (or your regular doctor) perform the consultative exam if the doctor is:
- Qualified and able to perform the exam or tests requested.
- Willing to do the exam or tests for the fee schedule payment provided by the Social Security Administration.
- One who generally furnishes complete and timely reports.
However, in some cases DDS may request that an independent medical provider conduct the consultative exam or test. This may occur if one of the following things is true:
- Your regular doctor does not want to perform the exam.
- There are conflicts or inconsistencies in your file that can’t be resolved by your regular doctor.
- You prefer to have someone else perform the exam and you have a good reason for having this preference.
- Prior experience indicates that your regular doctor may not be a productive source for getting the information sought in the consultative exam.
If a doctor other than your own is selected to perform your consultative exam, then that selection should be based on the doctor’s ability to perform the requested tests or specific exam, the doctor’s appointment availability, and the distance you must travel to get to the doctor.
What Happens at a Consultative Exam
DDS must be clear about the additional medical evidence that it needs to make a determination about your eligibility. In some cases a full exam may be needed. However, in other cases one test (such as an X-ray or EKG) may be all that is needed. You should understand the scope of the consultative exam before you attend your scheduled appointment.
Even though the scope of the consultative exam may be limited, the consultative exam report must contain specific information. Specifically, the Social Security Administration requires the report to include:
- Your claim number and a physical description of you.
- Your medical history.
- The results of your physical examination and laboratory findings.
- The examiner’s medical conclusions.
The report must be complete enough to allow a reviewer to determine what your disability is, how severe it is, how long it is expected to last, and how it impacts your ability to work. Additionally, it must be consistent. However, it should not include an opinion as to whether you are disabled as that term is defined by Social Security disability law. If the report is found to be incomplete or inconsistent then it will be sent back to the doctor and a determination about your Social Security disability claim may be delayed.
What to Know Before You Go to a Consultative Exam
The failure to attend a consultative exam may result in your Social Security disability claim being denied. While you need to attend the appointment, you also deserve to understand what is happening with your claim before, during, and after a consultative exam.
During the exam, all of your questions should be answered. The doctor treating you should explain what he is doing and why. If you do not speak English then an interpreter will be provided to you during your exam. You will not have to pay for the interpreter’s services.
Before you attend the consultative exam, and afterward, your Social Security disability lawyer will be available to help you with your application for benefits. The consultative exam is just one part of the application process. We will use the information from your exam, and all other applicable information, to help you get the benefits that you deserve. Please contact us today via this website or by phone to learn more about protecting your rights.
What is the Activities of Daily Living questionnaire?
The Social Security Administration wants to know if your disability prevents you from working. In order to make this critical assessment that will significantly impact your Social Security disability eligibility, the Social Security Administration (SSA) may ask that you fill out an Activities of Daily Living Questionnaire.
The purpose of the questionnaire is to better assess how your physical and mental impairments impact your daily life. While your medical records allow the SSA to evaluate your medical diagnoses, this questionnaire allows them to assess how the diagnoses impact your life on a day-to-day basis. Your answers will help determine whether you have functional limitations that impact your ability to engage in substantial gainful activity. Learn more about substantial gainful activity in our other article.
What Is Included in the Activities of Daily Living Questionnaire?
The Activities of Daily Living Questionnaire is more formally known as Function Report – Adult – Form SSA-3373-BK. This form asks about your abilities and limitations in performing tasks such as caring for yourself and your household.
Some of the questions that you can expect on the form include:
- Do you live alone or with other people?
- How does your disability limit your ability to work?
- What do you do on a typical day, starting from the time you wake up until the time you go to bed?
- Do you take care of other people—such as children, a spouse, parents, other relatives, or pets? What do you do for them? Do you have any help from anyone else?
- What were you able to do before you became disabled that you cannot do now?
- Does your disability affect your sleep?
- Does your disability affect your ability to get dressed, bathe yourself, shave, use the toilet, or otherwise take care of yourself?
- Do you need help or reminders to take medication?
- Do you prepare your own meals?
- Are you able to do household chores? Are there any household chores that you need help with?
- How often do you go outside?
- Do you drive?
- Can you go out alone?
- Can you shop? Can you do it independently?
- Are you able to pay your own bills and manage your own money?
- Do you have hobbies, interests, and activities that you enjoy on a regular basis?
- Do you spend time with others? In what situations? Do you have trouble getting along with people?
- What abilities does your disability impact? Examples include lifting, walking, concentrating, using hands, talking, sitting, and other important abilities.
- How far can you walk before you need to rest?
- How long can you pay attention?
- Do you finish what you start?
- Can you follow verbal or written instructions?
- Do you get along with authority figures?
- Have you ever been fired because you had trouble getting along with others?
- How well do you handle stress and changes in routine?
- Do you use any assistive devices (such as hearing aids or crutches, for example)?
- Do you take any medications? What are the side effects of those medications?
If you answer yes, or in such a way as to indicate that you are disabled, then you will be asked to further explain your limitations or condition in a short answer format. Additionally, there is space at the bottom of the questionnaire for you to add in information that was not included in the routine questions.
Tips for Completing the Activities of Daily Living Questionnaire
The good news is that you are the person in the best position to answer questions about what you do on a typical day. When you complete the form it is important to:
- Be honest. You do not want to exaggerate or understate your limitations and abilities.
- Give as many details as you can so that the person reading the questionnaire gets an accurate idea of what your life is like on a daily basis.
Technically, this form is voluntary. However, if you fail to fill it out, then the SSA may not be able to find you eligible for Social Security disability benefits. While you are the one who must fill out the form, it should be done in consultation with your Social Security disability lawyer who can help you complete your entire Social Security disability application.
For more information, or to get started with your own Social Security disability claim, please contact us today via this website or by phone to schedule your initial consultation. Additionally, we encourage you to download a FREE copy of our book, Unlocking the Mystery: The Essential Guide for Navigating the Social Security Disability Claims Process, to learn more today.
I have a slipped disk and I am in excruciating pain. Am I eligible for Social Security disability benefits?
You have been through physical therapy and you have followed your doctor’s recommendations concerning back surgery. You have done everything that you are supposed to do, but you are still in pain, you are still unable to work, and you are still living with a disability.
A slipped disc is one of the most painful back problems you can experience. The sharp pain, limited range of mobility in your shoulders and hips, and the radiating tenderness that shoots down your arms or legs are enough to hold even the healthiest people back from work. It can make manual labor and sitting for long periods of time impossible—it can leave you unable to do your job.
Obtaining Social Security Disability for a Slipped Disc
You may qualify for Social Security disability benefits if your condition is expected to last for more than one year, if you have enough work credits to qualify for Social Security disability and if one of the following is true:
- You meet one of the conditions in the Blue Book Listing of Impairments. In some cases, you may meet the requirements of Section 1.04: Disorders of the Spine. Most often, the slipped, bulging, or herniated disc must compromise a nerve root in the spinal cord and result in: (a) pain, limitation of motion of the spine, or motor loss with sensory or reflex loss, or (b) spinal arachnoiditis, or (c) lumbar spinal stenosis resulting in pseudoclaudication.
- Your condition is equal in severity to a specific condition in the Listing of Impairments. If you do not meet any specific requirement in the Blue Book, but your medical condition has the same effect on your life as another condition in the Blue Book, then you may qualify for benefits.
- You are unable to work. If your condition leaves you with a residual functional capacity that makes you unable to work then you may qualify for Social Security disability benefits. The Social Security Administration will consider your physical condition, work experience, education level, age, and job skills when deciding whether you can work a sedentary or manual job.
If you believe that you qualify for benefits in an any of these ways, then you may want to pursue Social Security disability benefits.
Helpful Tips for Getting the Benefits That You Deserve
The majority of initial Social Security disability applications are denied. We say that not to scare you, but instead to highlight the importance of being prepared before you file a claim. Before you send anything to the Social Security Administration, it is important to:
- Gather evidence. Pull together as much evidence as you can about your condition and the impact it is having on your life. This evidence can include doctor’s notes, imaging tests, a journal of your symptoms, work records that cite how your injury stopped you from working, and more.
- Talk to an attorney. Working with an attorney who is knowledgeable in federal disability law can save you time and help you increase your chances of getting your application approved. An attorney can make sure that your application is complete so that you submit a strong claim that has a good chance of being approved.
- Put your application together. With all of the evidence in hand, put your application together to show specifics about how your injury stops you from working. The Social Security Administration must see that you are disabled to the point that you cannot perform sedentary or manual labor tasks. Your lawyer can help you with this task.
When it comes to serious back pain from a slipped or bulging disc, having a Social Security disability attorney on your side gives you invaluable support. You do not have to do this alone. Instead, we encourage you to learn more about your rights and about how to protect your disability benefits by reading our free book, The 5 Most Frequently Asked Questions About Social Security Disability, and by contacting us directly for a confidential consultation.
Will I get a Social Security hearing decision on the day of my hearing?
In all likelihood, you will not get a decision on the day of your Social Security disability hearing.
In order to understand why you are unlikely to get a decision on the day of your hearing, it is important to understand how a hearing works.
Before your hearing, an administrative law judge (ALJ) will review your file. The file can be quite lengthy—from 500 to over 1,000 pages long. Most of the file is made up of detailed medical records that document the impairments and the treatment you have received for those impairments.
Unfortunately, those records only tell part of the story. You have been granted a hearing so that the ALJ can meet you and get to know you. The testimony during the hearing can provide the ALJ with a detailed picture of your daily life—something that the medical records alone cannot do. This helps the ALJ learn the whole story so he can piece together what you have been going through and how your medical condition impacts your ability to work.
After the hearing, the ALJ will consider your testimony, together with the medical records, and write up a decision that addresses all of the evidence in the claim. Most of the time, it is important for the ALJ to go back and take a fresh look at the file after hearing your testimony so that a final decision can be made.
Once all of these steps are completed, the ALJ will draft a written decision that is typically about 10 pages long and mail a copy to the claimant and the attorney. Although there is no deadline for the decision, it is our experience that decisions are typically received within 30 to 60 days after the hearing.
Getting Benefits After a Successful Hearing
If the ALJ rules in your favor then your file will be sent to a payment processing center. It is here that the amount of your benefits and your back pay will be calculated. The amount of time that your file will be with the payment processing center before you receive benefits can vary.
In order to get the Social Security disability benefits that you deserve in a timely manner, please contact an experienced Social Security disability lawyer to learn more about your rights and about getting the benefits that you deserve. We will stay on top of your appeal and keep you apprised of its status.
My Social Security disability application was denied, and I do not understand the appeals process. Should I contact a lawyer?
Yes. In many cases, it makes sense to appeal a denial of Social Security disability benefits. The majority of initial Social Security disability claims are denied, and many deserving claimants are left deciding whether they should give up on their application or file an appeal. If you decide to file an appeal and to pursue the benefits that you deserve, then an experienced disability lawyer can improve your chances of success.
How to Know If an Appeal Is Right for You
If you received a letter from the Social Security Administration (SSA) saying you are not eligible for disability benefits, it is not the end of the road. In our experience, it may be worth the trouble to appeal what may be an unfair decision after you answer the following questions:
- Is your disability included on the Social Security Administration’s Listing of Impairments? The Listing of Impairments provides an index of disabling conditions and explains how severe a condition must be to qualify for disability benefits.
- Will your disability keep you from working for at least a year or result in your death? One of these things must be true in order to qualify for Social Security disability benefits.
- Are you over age 55 or is your disability severe? These factors can greatly influence your chances of winning an appeal.
- Are you truly unable to work at any job? The Social Security Administration will look at your condition and decide if you are skilled enough to do some kind of work.
- Did you find any incorrect information in your denial letter? You can challenge anything that is not factual.
Being denied Social Security disability benefits may not be the end of the road. If you want help with making the decision about whether to appeal your disability benefits denial, call the experienced attorneys at Keefe Disability Law today. We can help you sort out the sometimes confusing Social Security disability appeals process and get you on the right track to getting the benefits that you have earned.
When will my Social Security disability benefits end?
You qualify for Social Security disability benefits because you have a terminal illness or a medical condition that has resulted in your permanent disability. Some Social Security disability recipients believe that because their condition is terminal or permanent that they will receive Social Security disability benefits for the rest of their life. However, this is not always true.
The Social Security Administration Can Terminate Disability Benefits in Certain Situations
The federal laws and regulations that govern Social Security disability allow the Social Security Administration to end a recipient’s benefits when:
- Your health improves and you are no longer disabled. Sometimes medical conditions improve. Whether that is due to luck, medical advancements, or the natural progression of your condition, you may no longer be eligible for Social Security disability benefits if your health has improved to the point where you no longer qualify.
- You are able to go back to work. Even if your health condition is permanent, there may come a time when you are able to go back to work. You may find a medication that allows you to work, there could be a breakthrough in treatment for your condition, or you may find that you can work with certain accommodations. If this happens, and you are able to earn enough to engage in substantial gainful activity, then your benefits will stop. If you are unsure about whether you can earn enough to stay in the workforce or to earn enough money to qualify as engaging in substantial gainful activity then you may be able to go back to work on a trial basis until you know for sure. The exact amount that is considered substantial gainful activity is subject to change annually. In 2017, substantial gainful activity was defined as $1,170 a month for non-blind individuals and $1,950 a month for blind individuals.
- You reach retirement age. You cannot receive both Social Security disability and Social Security retirement benefits at the same time. Thus, the Social Security Administration will stop your disability benefits when you reach retirement age and you begin receiving retirement benefits.
Before the Social Security Administration can take away your benefits, however, the agency must be aware that one of the conditions described above has occurred.
How Will the Social Security Administration Know?
The Social Security Administration may know that your benefits will be terminated because of:
- Your report to the agency. You may need to proactively report changes of your medical condition or your work status to the Social Security Administration.
- The agency’s periodic review of your claim. The Social Security Administration periodically reviews all disability cases. During these reviews, the agency may decide whether or not you continue to qualify for benefits. Periodic reviews may happen as frequently as every few months or as infrequently as every seven years, depending on the unique disability that you suffer. The Social Security Administration should let you know when a periodic review is occurring and the status of the agency’s findings.
However, the Social Security Administration does not always come to the right conclusion based on the information that it collects when you self-report or it conducts a periodic review.
Sometimes the Agency Wrongfully Decides That Your Benefits Should Be Terminated
If you receive a notice of termination then it is important to take action quickly to avoid an unnecessary disruption in your disability benefit payments. While it may seem like a hassle now, it is actually easier to stop benefits from ending than to go through the entire process of applying for Social Security disability benefits again.
For this reason, we encourage you to contact an experienced Social Security disability lawyer as soon as you think that your benefits may be in jeopardy. We will investigate your claim and work hard to convince the Social Security Administration of your continued eligibility if you remain disabled.
Can I get Social Security disability benefits for asthma?
It depends on the severity of your asthma. Only those who suffer from frequent and severe asthma attacks that cannot be controlled with medication are eligible for Social Security disability benefits.
Understanding Asthma: When Is it Severe?
Asthma is a chronic obstructive condition of the respiratory system. During an asthma attack, the airways become inflamed and cause a range of symptoms, including:
- Shortness of breath
- Tightness in the chest
- Chest pain
There are many triggers for asthma which include:
- Dust, mold, pollen, and animal fur.
- Cigarette smoke, workplace chemicals or dust, home spray products, and air pollution.
- Some medicines, such as aspirin, anti-inflammatory drugs, and beta-blockers.
- Sulfites found in food and beverages.
- Respiratory infections, including colds.
- Physical exercise.
Asthma is generally treated with two types of medications: quick relief and long-term control. These are usually effective in controlling symptoms. However, your asthma may affect your ability to work if:
- Your symptoms are causing you to lose sleep, occurring more often, or are more severe.
- You are missing work because of asthma attacks.
- Your peak flow number (established with your doctor) is low or swings from day to day.
- Your asthma medicines are not working.
- You need your quick-relief inhaler more than usual.
- An asthma attack sends you to the emergency room.
If an asthma attack can be stopped by moving away from the trigger, with an inhaler, or with another medication, then it is not considered severe.
Qualifying for Social Security Disability Benefits
You may be eligible for Social Security disability benefits if you meet the qualifications in the Listing of Impairments or if your condition is so severe that you are unable to work.
Asthma is specifically listed in Section 3.03 of the Listing of Impairments. According to this listing, you may qualify for benefits if you meet both of the following requirements:
- The results of your lung function test (FEV1) are low for your age, gender and height. What’s defined as “low” is provided in a chart in Section 3.03A.
- You have had three asthma-related hospitalizations within the last 12 months. Each hospitalization must last at least 48 hours and each hospitalization must occur at least 30 days apart.
If you have chronic asthmatic bronchitis, then you may qualify for Social Security disability if you can meet the requirements of the Listing of Impairments for COPD.
Additionally, you may qualify for benefits even if you do not meet any of the listings in the Listing of Impairments if you can prove that your condition is equal in severity to any listing in the Listing of Impairments or if you are unable to work due to your medical condition.
Regardless of which way you qualify, you will need documentation to prove that you are eligible for benefits. You should have a record of each episode, how long it lasted, the treatment that was administered, and how well you responded to treatment. You should also have results of spirometry tests and arterial blood gas studies (ABGS) from each attack. Additionally, your medical records must show that you are following the treatment plan ordered by your doctor unless you have a valid reason not to do so.
Not Everyone With Asthma Qualifies for Social Security Disability Benefits
Approximately 18.4 million people over the age of 18 suffer from asthma, according to the Centers for Disease Control and Prevention (CDC), but not all of them qualify for Social Security disability benefits. If you can control your asthma by avoiding environmental triggers and by using medication, then you will not be eligible for benefits. However, if you experience frequent, sudden, and severe asthma attacks despite treatment then you may be unable to work and you may qualify for benefits.
The Social Security disability application process is confusing, but you can be prepared. Learn more about applying for benefits by reading Attorney John Keefe’s book, Unlocking the Mystery: The Essential Guide for Navigating the Social Security Disability Claims Process or by contacting our firm directly by phone or via this website to schedule an initial meeting.
I have severe osteoarthritis that is affecting my ability to work. Will I qualify for Social Security disability?
Osteoarthritis, or degenerative arthritis, is a painful joint disorder that often occurs as people age and the cartilage that protects the bone begins to wear down. The symptoms of osteoarthritis will depend on which joints are affected. Osteoarthritis can cause stiffness in the joints that make it difficult to move and to work.
Will You Qualify for Social Security Disability Benefits?
When you apply for Social Security disability, you will have to go through the disability evaluation process established by the Social Security Administration (SSA). The first five steps are the same for every applicant. The Social Security Administration will want to know if:
Your condition is on the Social Security Administration’s List of Impairments.
Your condition is severe and expected to last for 12 months or longer.
You are still working.
You cannot work at your current job and if you are able to do any other work that you have done in the past.
There is any other type of work that you can do, given your age, education, past experience, and physical limitations.
Depending on your answers to these questions and the body part that is affected by osteoarthritis, you may be able to qualify for Social Security disability.
Osteoarthritis of the Spine
If you have osteoarthritis in your spine, you might qualify for disability benefits under the listing for Disorders of the Spine (Listing of Impairments Section 1.04). To receive Social Security disability for osteoarthritis of the spine, the disorder must be diagnosed by a doctor and meet one of the following conditions:
Compression of the spinal nerve root that limits your ability to move your spine.
A narrowing of the spinal canal in your lower back that makes it very difficult to walk.
Inflammation of the arachnoid membrane that requires you to change position frequently.
You will need medical evidence of your condition and treatment plan if you apply for benefits pursuant to this listing, any other listing, or if you apply based on the severity of your condition.
Osteoarthritis in Other Parts of the Body
If your osteoarthritis affects a body part other than your spine, then you might be able to qualify for disability benefits under the category of Major Dysfunction of a Joint (Listing of Impairments Section 1.02). To be approved for Social Security disability under this category, you must have an obvious joint deformity or bone destruction. You must have a documented history of pain and stiffness in the joint, as well as lack of motion. The osteoarthritis must affect a hip, a knee, or an ankle joint, or a hand, a wrist, an elbow, or a shoulder in each arm, making it difficult for you to complete everyday tasks.
You Can Still Qualify for Social Security Disability If Your Osteoarthritis Doesn’t Meet the Blue Book Standards
If you do not meet the criteria for either of the blue book categories described above, you might still qualify for Social Security disability. You will need to prove that your osteoarthritis causes you to have reduced functional capacity that is equal in severity to one of the blue book standards and that makes you unable to work. The Social Security Administration will consider your physical limitations and determine the type of work you are capable of doing, if any.
Get the Help You Need Before You Apply for Social Security Disability Benefits
The majority of initial Social Security disability applications are denied. It is important to understand how you should apply, the documentation that you need to apply, and to submit your application correctly so that you can start getting the Social Security disability benefits that you deserve for osteoarthritis as soon as possible.
To learn more about your rights, please request a FREE copy of our book, The 5 Most Frequently Asked Questions About Social Security Disability, today. Additionally, we invite you to contact us directly via this website or by phone to schedule an initial consultation with an experienced Social Security disability lawyer who can help you get the fair benefits that you have earned.
I was denied Social Security disability benefits because of problems with my medical evidence. What do I do now?
You will not qualify for Social Security disability benefits unless you can prove that you are disabled. This requires complete, correct, and current medical evidence that you can present with your application to the Social Security Administration (SSA).
What Must Your Medical Evidence Prove?
As a Social Security disability applicant, it is your responsibility to provide medical evidence that proves that:
- You have one or more health impairments. You must prove that you have a health impairment by providing objective medical evidence from an acceptable medical source.
- The severity of your impairment qualifies you for Social Security disability benefits. After you prove that you have a health impairment, then the SSA will look at medical evidence (and non-medical evidence) to determine how the impairment impacts your ability to work.
Who Can Provide Medical Evidence?
You should provide all of your medical records from all of the medical providers who have seen you for the condition for which you are seeking benefits. Acceptable medical sources include:
- Hospitals, clinics, or other health facilities where you have been treated—even if only for a brief time.
- Medical or osteopathic licensed physicians.
- Licensed or certified psychologists.
- Licensed optometrists who can prove that you have a qualifying visual disorder.
- Licensed podiatrists.
- Speech-language pathologists who are qualified to establish a speech or language impairment.
While you may provide the information yourself, the SSA will also help you get the medical reports you need from your own medical providers.
The Social Security Administration guidelines refer to “treating sources.” These are medical professionals who have treated you for some length of time and who are likely to be able to provide medical evidence that shows the history, severity, and future prognosis of your impairment.
Treating sources are considered to be strong advocates for you and may provide useful medical evidence to the Social Security Administration. Therefore, if you have a medical provider who can be considered a treating source, then it may improve your chances of receiving Social Security disability benefits.
What Kinds of Medical Evidence Do You Have to Provide?
You must provide enough medical evidence to prove that you are unable to work; otherwise, the SSA will deny your application. Generally, this includes the following types of evidence from the professionals described above:
- A complete record of all the medical treatment you have received in connection with your condition.
- A medical determination that you cannot work as a direct result of your medical condition.
- A medical opinion that you will not be able to work for at least 12 months or that your condition will result in death.
- A detailed account of your treatment plan and evidence that you are following that treatment plan. You are expected to follow your doctor’s orders for treating your condition. You should be taking the medicine that you are prescribed and participating in any recommended physical therapy.
The SSA will also be looking to see if you are keeping all of your scheduled medical appointments.
If the Social Security Administration determines that the medical evidence that you have provided is insufficient, then the agency may request a consultative examination, or it may deny your application.
Don’t Give Up If Your Social Security Disability Application Has Been Denied
One of the main reasons Social Security disability claims are denied is because of a lack of medical evidence. Even if you think that you are providing full and accurate records to the Social Security Administration, you may not be providing everything that the agency requires because the requirements are complicated and often confusing.
An experienced Social Security disability lawyer can help you sort out the many pieces of evidence that you need, help you get the necessary paperwork you do not already have, and help you get the benefits that you deserve by filing the right kind of appeal. Contact our experienced attorneys today via this website or by phone to schedule an initial consultation about your rights.
What happens if I become disabled before I reach retirement age?
You are not yet eligible for Social Security retirement benefits; however, if you have worked long enough to qualify for Social Security disability benefits, then you may be able to recover such benefits if you qualify. In 2016, more than 8.8 million people received disability benefits from the Social Security Administration.
Your Eligibility Is Not Automatic
Instead, you must apply for Social Security disability benefits. If your disability has lasted or will last for at least one year, your condition makes it impossible to do your job or another job, and you have worked at least five of the last ten years, then you may qualify for Social Security Disability Insurance (SSDI) benefits. The average benefit ranges from $1,100 to $1,200 per month.
What Happens When You Reach Retirement Age?
When you reach the age of full retirement, as defined by the Social Security Administration, then your benefits will be converted from disability benefits to retirement benefits. The age of full retirement depends on the year in which you were born. If you were born in 1937 or earlier, then your full retirement age is 65. If you were born in 1960 or later, then your age of full retirement is 67. People born between 1937 and 1960 have full retirement dates between the ages of 65 and 67.
You should not have to take any action to have your Social Security disability benefits converted to Social Security retirement benefits, and you should continue to receive monthly payments without interruption.
However, you will have to take action to get your initial Social Security disability benefits. If you believe that you qualify for such benefits, then you will need to complete a Social Security disability application and you will need to have it approved. This can be a difficult and frustrating process, but you do not need to do it on your own. Instead, an experienced disability lawyer can help you through the application process and can help you get the benefits that you deserve. For more information, please download a free copy of our book, Unlocking the Mystery: The Essential Guide for Navigating the Social Security Disability Claims Process.
What are the most common eye-related symptoms of sarcoidosis?
Sarcoidosis is a disorder that causes the growth of granulomas throughout the body. These clumps of cells may develop slowly over time, often producing no symptoms until the condition has progressed considerably. Depending on where the growths have formed, a patient can suffer symptoms in many different body systems—and over 25 percent of sarcoidosis patients experience symptoms that affect the eyes.
Complications and Symptoms of Sarcoidosis of the Eyes
In addition to fatigue, swollen lymph nodes, and weight loss, patients with sarcoidosis can also have trouble seeing and experience visual disturbances that can lead to blindness. It is vital for patients who have been diagnosed with sarcoidosis to undergo comprehensive eye examinations every year, and to report any vision changes to their doctors to begin treatment as soon as possible.
The most commonly-reported eye complications of sarcoidosis include:
- Eye pain. Patients with sarcoidosis may have chronic eye problems, including burning, itching, stinging, redness, tearing, or severe dry eyes. Light sensitivity is also common, causing pain in the eyes as well as chronic headaches. Patients who are experiencing these symptoms may get some relief through prescription eye drops, dilation of the pupils, or prescription eyewear. Doctors may also numb the eyes to reduce spasms in the pupillary muscles, or prescribe medications to lower blood pressure to relieve pain in the eyes.
- Uveitis. Inflammation of the uvea, or uveitis, in one of the most dangerous eye problems sarcoidosis can cause. The uvea sits between the sclera and the retina in the center of the eye. In patients with sarcoidosis, white blood cells may collect on the inside of the eye, causing the iris, lens, and other structures of the eye to stick together. This can cause a number of problems, including increased ocular pressure, pain, redness, extreme light sensitivity, and even blindness. The longer uveitis is left untreated, the more likely it is that the condition will cause vision problems. Treatments for uveitis are typically painless, and involve steroid drops, injections to relieve pressure, or oral medications to bring down the inflammation.
- Vision problems. Ocular sarcoidosis can cause a wide range of visual problems, such as blurred vision, floaters (small particles inside the eye that “float” in a person’s field of vision), color blindness, or even total loss of eyesight. Some sarcoidosis patients also have small yellow bumps on their eyes that cause visual distractions and eye irritation. These conditions may be reversible if treated quickly, so sarcoidosis patients should see a doctor immediately if they experience changes in their vision.
Collecting Disability for the Effects of Sarcoidosis
The Social Security Administration (SSA) allows claimants to collect Social Security disability for sarcoidosis if they are no longer able to earn a living. Patients who have suffered total blindness will likely qualify for automatic benefits, but others may have to prove the extent of their conditions to the SSA before they can collect payment.
If your sarcoidosis symptoms do not meet the Blue Book disability listing, you may still qualify for benefits based on your Residual Functional Capacity (RFC). One of the biggest benefits of getting disability based on RFC is that Social Security considers the full scope of your physical condition when assessing your work limitations. This means that a person who is experiencing symptoms of a variety of conditions and treatments could be considered disabled even if he or she does not meet the criteria for any disability listing by itself. You will have to provide extensive medical proof of your diagnosis, symptoms, and treatment, as well as any work-related difficulties you are facing due to your disability.
If you are unable to work due to the limitations of your sarcoidosis, we can help. Please fill out the form on this page today to speak to an attorney about your disability benefits, or download our free report, Five Most Frequently Asked Questions About Social Security Disability.
Could I collect Social Security disability benefits for gestational diabetes?
The health effects of diabetes can significantly impact a person’s ability to earn a living. Both type 1 and type 2 diabetes are recognized as potentially disabling conditions by the Social Security Administration (SSA), as the illnesses are likely to last for a person’s entire life. However, there is another form of diabetes that could qualify a woman for benefits: a serious condition called gestational diabetes.
Gestational diabetes causes blood sugar imbalances due to insufficient insulin and hormonal changes during pregnancy. Women who suffer from gestational diabetes are more likely to have difficult pregnancies and experience birthing complications, and are likelier to develop type 2 diabetes in the years following pregnancy.
Social Security Requirements for Women With Gestational Diabetes
Even though it is not a permanent condition, gestational diabetes is compensable under the Social Security listing for diabetes However, the listing requires that diabetes sufferers must be diagnosed with at least one other of the following disabling conditions in conjunction with diabetes mellitus:
- Neuropathy. Diabetic neuropathy is a numbness, tingling, or burning in the extremities, usually the feet and toes. The SSA will consider a claimant disabled if neuropathy significantly affects the arms, the legs, or one arm and one leg to the extent that movement is impaired. Patients can be considered “impaired” if they have trouble sitting, walking, standing, or changing positions.
- Acidosis. Diabetes can change the acidity of the blood, causing potentially fatal effects for the patient. Disabling acidosis must be documented by blood tests and occur at least once every two months.
- Retinopathy. Diabetes can damage blood vessels inside the eye, causing blurred vision or even blindness. Claimants must be suffering from a significant loss of vision (or loss of peripheral vision) in the better of their two eyes, with overall vision so impaired that the person is practically blind.
What If I Do Not Meet the Blue Book Requirements?
Many people who do not meet the listing for diabetes can still collect benefits if they are unable to work. Claimants must be able to demonstrate that gestational diabetes has a marked impact on their ability to earn a living, their independence, or their performance of daily life activities.
If you do not meet the qualifications above, you could still receive benefits for gestational diabetes depending on:
- Your medical records. Social Security disability benefits are often approved in the form of a medical vocational allowance. This means that you can be considered disabled if you are unable to return to your old job or perform any other kinds of sustainable work due to a condition or treatment of a condition. This approval is granted only after the SSA has reviewed your medical records to assess your limitations and ability to perform everyday activities and work tasks.
- Your specific symptoms. Treatment of gestational diabetes requires constant monitoring and maintaining blood sugar levels throughout the day. Patients may need to eat smaller meals more often, have special dietary requirements, need to inject insulin, have lifting restrictions, or need frequent breaks due to fatigue. All of these may cause work disruptions or require the claimant to have accommodations in the workplace.
- Length of condition. While many women see the condition subside after the child is born, many suffer persistent effects of gestational diabetes for several weeks or even months. In addition, women who have been diagnosed with gestational diabetes usually suffer the condition in subsequent pregnancies. In some cases, women with gestational diabetes will remain diabetic after pregnancy is over.
- Residual functional capacity (RFC). The SSA will determine whether an applicant is able to reasonably perform work by assigning a residual functional capacity rating. The evaluation takes into account all of your limitations, as well as the type and exertion level of work you are capable of performing.
If you are unable to work due to the limitations of your diabetes, we can help. Please feel free to contact our law firm today to get started on your disability application, or download our free report, Five Most Frequently Asked Questions about Social Security Disability.
Why Am I At Risk of Developing PTSD If I Suffer a Head Injury?
A traumatic brain injury (TBI) can greatly affect the way a person lives his or her life. The frustration as a victim struggles to recover adds overwhelming stress to his or her daily life, making a bad condition even worse. The stress of the injury can even cause victims to suffer post-traumatic stress disorder (PTSD), adding mental and emotional trauma to the physical head injury.
Researchers Find Evidence Linking PTSD to Traumatic Brain Injury
Several researchers have found evidence that TBI increases the risk of PTSD. While many of the studies involve military personnel, it is important to note that civilians who suffer falls, violent acts, and car accidents are equally vulnerable to both TBI and PTSD. Over the course of many studies, scientists have discovered some interesting interactions between PTSD and brain injuries, including:
- One study at the VA San Diego Healthcare System followed over 1,600 Marine and Navy service members from Camp Pendleton in San Diego County. All of the service members were assessed by psychologists both before and after deployment to Iraq or Afghanistan. They found that troops who suffered traumatic brain injuries due to trauma and blast injuries were twice as likely to develop PTSD. Half of a battalion deployed to Helmand province in Afghanistan showed evidence of TBI and PTSD due to blast exposures.
- A coordinating experiment performed at the University of California Los Angeles compared healthy lab rats with rats that had suffered TBIs. When the rats were given behavioral conditioning to induce fear, the rats with TBIs showed greater fear responses than healthy rats. The UCLA researchers examined cells in the amygdala, a part of the rats’ brains that responds to sensory information and experiences emotions. The rats with TBI showed changes in these cells that amplified the brain’s response to situations involving fear.
- A brain study of 20,000 people has found a new way to separate diagnoses of TBI and PTSD. The patients were scanned with single-photon emission computer tomography (SPECT) to measure blood flow to different regions of the brain. While patients with TBI showed slowed activity in the areas of the brain that control mood and behavior, memory formation, and body movements. However, patients with PTSD showed increased activity in the regions involving recognition of threat and dangers, fear processing, and regulation of emotional responses. Computer-driven analysis of the brain scans allowed scientists to correctly diagnose PTSD, TBI, both or neither with 100% accuracy.
Studies Are Key to Treating PTSD
It is vital that patients have a proper diagnosis of their conditions in order to treat their TBI or PTSD effectively. The treatment plan for PTSD can be vastly different than treatment for TBI, and the treatments can even be harmful for people with the other. For instance, people with PTSD are often prescribed tranquilizers and anti-anxiety medications that slow down activity in an overactive brain, something that can be dangerous for people suffering diminished brain activity due to TBI. Similarly, techniques used to stimulate a brain with TBI can cause a person with PTSD to become even more stressed and hyperactive. People with both conditions will need a delicate mix of therapies to ensure that both of their ailments are progressing in the right direction.
If you have suffered a traumatic event that has left you unable to work, you may be able to get payment for your lost wages and medical treatment by filing for Social Security disability. Your benefits can support you as you undergo treatment for your condition, easing you slowly back into the workforce only after you are cleared to work by a medical professional. Please feel free to contact our law firm today to get started on your disability application, or download our free report, Five Most Frequently Asked Questions about Social Security Disability.
How does the Social Security Administration use functional capacity to evaluate my asthma disability claim?
Asthma is a serious disease that causes obstructed breathing. When a person with asthma suffers an “episode,” or an asthma attack, his airways constrict and become inflamed. This inflammation narrows the passageway, making it difficult to breathe. Depending on the severity of an attack, the victim is at risk for a variety of dangers, including mild to severe chest pains, breathing difficulties, hypoxia (lack of oxygen to the brain), blackouts, and even death.
An asthma attack can be disruptive in the workplace. It may frighten customers and limit the ability of a worker to function. As a result of functional capacity limitations, the Social Security Administration (SSA) considers severe cases of asthma potentially disabling.
Asthma Requirements for Consideration
In order to qualify for disability, your condition must affect your ability to work. If your condition physically prevents you from doing your job or places you at risk for suffering an attack, you may need to rely on disability benefits to support your family. However, it’s important to note that only severe cases are considered for approval. Occasional bouts of inflammation or minor attacks that can be controlled by using medication such as inhalers aren’t considered to limit functional capacity enough to warrant disability.
For the SSA to recognize your condition as severe, your claim must adequately show the results of respiratory function tests. These tests can evaluate…
- Spirometry: the measure of how much air you take into the lungs with each breath.
- Peak flow: the measure of your ability to push air out of your lungs.
- ABG (arterial blood gas): the measure of carbon dioxide and its pressure within the blood.
- DLCO (diffusing capacity of the lungs for carbon monoxide): the measurements of the gas exchange (oxygen, carbon dioxide, and carbon monoxide) across cell membranes in your lungs.
- Pulse oximetry: the measure of oxygen saturation within the blood.
If your test results fall within the SSA limitations for respiratory disability, your claim will be considered for approval. If your results don’t qualify under the limitations, you may still be eligible for benefits if you can convince the SSA that your condition significantly affects your functional capacity.
Proving Functional Capacity Limitations
The measured ability to complete tasks in spite of your condition is referred to as your “functional capacity.” When your condition causes frequent and extreme attacks, your ability to be a reliable employee greatly diminishes, which in turn, can compromise your employment. To convince the SSA that your functional capacity is low enough to warrant disability, you must be able to show that your condition will not allow you to sustain employment. You can help illustrate your decreased functional capacity by including the following with your claim:
- A symptom journal. A detailed journal of your symptoms, including what you were doing when the attack occurred and what happened as a result of the episode, can help you and the SSA follow the deterioration of your condition. Rather than including a statement that you regularly experience attacks at work, your journal can recount the exact dates, frequency, and effects of those attacks. The SSA is more likely to understand your condition’s severity and need for disability if they can see it in black and white.
- Personal PEF records. If you’ve ever had to make a graph or grid, you know that one data point isn’t enough to show anything. However, if you routinely record your peak flow measurements over an extended period, you can use those data points to show the SSA how your breathing fluctuates. Again, the SSA is persuaded by data and evidence that they can see and analyze themselves. Including your records along with physician records can help them better relate to why you feel you can’t work.
Help With Your Disability Application
Do you have questions about applying for asthma-related disability? Request a complimentary copy of attorney John Keefe’s book, Unlocking the Mystery: The Essential Guide for Navigating the Social Security Disability Claims Process. For a more direct approach, contact our office directly at 508-283-5500 to schedule a one-on-one consultation to discuss your claim. The meeting is FREE, so you have nothing to lose.
Does adrenal cancer qualify me for Social Security disability benefits?
Cancer, or malignant neoplastic disease, is one of the 14 disability classifications that the Social Security Administration (SSA) acknowledges for benefit consideration. Depending on the type of cancer, as well as the severity and long-term diagnosis, sufferers may even warrant an expedited approval process—known as a compassionate allowance—to ensure benefits are awarded as quickly as possible. Adrenal cancer is one condition that the SSA not only considers viable for disability but, in many cases, also worthy of compassionate allowance.
What Is Adrenal Cancer?
The adrenal glands are located at the very top of each kidney and work to maintain hormone levels in the body. The steroidal hormones these glands secrete—cortisol, aldosterone, androgens—help the body to:
- Stabilize blood sugar and blood pressure
- Properly burn protein and fat
- Maintain metabolic rate
- React to illnesses and injuries
- Control sexual drive and performance
When tumors grow on these glands, they fail to secrete the adequate levels of hormones that your body needs to function. Over time, the fluctuation of hormones can cause serious and even fatal medical issues. In fact, localized adrenal cancer has a five-year fatality rate of 35 percent and regionalized disease has a five-year fatality rate of 56 percent. Distant adrenal cancer, where the cancer is inoperable and has spread to other sites, has an alarming mortality rate of 97 percent.
Symptoms of Adrenal Cancer
Common debilitating symptoms of this form of cancer, which can affect your ability to work, include:
- Increased weight gain—most noticeably above the collar bone and around the abdomen
- Fat deposits behind the neck and shoulders
- Stretch mark scarring or stretch marks with deepening shades of purple on the abdomen
- Hair growth on the face, chest, and back (most noticeably in women)
- Menstrual irregularities
- Leg weakness or muscle loss
- Mood swings, anxiety, or depression
- Weakness in bones (osteoporosis)
- Increased blood sugar or blood pressure
All of the above symptoms, in addition to reactions to surgery and chemotherapy, can have a detrimental effect on your ability to work. Considering these effects, as well as the fatality risks involved with this disease, the SSA understands the rapid need for disability benefits when you become unable to provide for your family. However, understanding the need isn’t the same thing as granting benefits without any questions asked. To receive disability for adrenal cancer, you still must obey the rules and follow the procedures for filing a claim.
Applying for Compassionate Allowance Benefits
Compassionate Allowances (CAL) are ways for the SSA to identify diseases and other medical conditions that qualify under their qualifications quickly, with the need for only minimal information. Although adrenal cancer is recognized by the SSA as being a qualifying condition, to receive benefits you still must be able to prove your condition’s eligibility. However, through CAL, this process is quicker and requires less evidence than with the standard disability claims. That being said, you’ll still need to secure your claim with the following:
- Medical evidence and diagnoses. When collecting evidence for your claim, you must show your eligibility by providing pathology reports confirming the presence of cancer and your long-term prognosis. You may also want to secure a physician's opinion that indicates the cancer is inoperable or unable to be completely removed.
- Proof of severity and long-term prognosis. In addition to showing your condition, you must also be able to show its severity. To be eligible for an expedited review, you must be able to provide evidence that your condition is inoperable, unresectable, or recurrent, with metastases to or beyond the regional lymph nodes.
- A reliable attorney. Securing the guidance and support of a credible disability attorney is one of the best ways to ensure your claim is handled correctly. Furthermore, an attorney can help explain the process in detail so you’ll know what to expect from your claim.
Contact our office today to speak with an experienced and highly dedicated disability attorney. It’s our job to help you get the disability you need—it’s our pleasure to do so while causing you the least amount of stress possible. Call 508-283-5500 to schedule your FREE consultation.
Am I eligible to receive disability if I have dilated cardiomyopathy? What do I have to do to file a claim?
The Social Security Administration (SSA) has a categorized list of medical conditions and injuries that it feels could qualify for disability benefits. This list is broken down into 14 separate groups, each dealing with a specific area of the body. Number four in this list deals specifically with cardiovascular ailments—which includes dilated cardiomyopathy (DC).
What Is Dilated Cardiomyopathy?
The term cardiomyopathy refers to diseases of the heart muscle. Depending on the type of cardiomyopathy present, portions of the heart muscle can thicken, enlarge, or become rigid, making it extremely difficult for the heart to pump blood. The four types of cardiomyopathy include:
- Hypertrophic cardiomyopathy. Muscle cells thicken and block blood flow.
- Restrictive cardiomyopathy. Abnormal tissue replaces healthy muscle cells, causing the muscle to become hard or rigid.
- Unclassified cardiomyopathy. Muscle inexplicably fails to pump necessary blood throughout the body.
- Dilated cardiomyopathy. Muscle chambers stretch and become thin.
Dilated cardiomyopathy is the most common form of cardiomyopathy, and causes the inside of the heart’s left ventricle and atrium to enlarge. As the chambers dilate, the heart muscle can’t contract or pump blood effectively. As the condition worsens, it can cause shortness of breath, fatigue, heart valve problems, arrhythmias, blood clots, and ultimately complete heart failure.
If you suffer from dilated cardiomyopathy, the SSA understands that working can not only be tough, but life-threatening. As a result, depending on the severity of your condition, filing for disability may be your best option.
Applying for Disability for Dilated Cardiomyopathy
Before applying for disability, it’s important to know that just because you have a debilitating condition, doesn’t mean that you’re guaranteed to receive aid. Requirements for consideration include the following:
- A thorough understanding of the SSD process. The disability claim process is complicated and can be extremely confusing. The SSA wants to ensure that every precaution is made to avoid fraudulent claims. This diligence is expected from the U.S. government, and may even be beneficial to those whose claims are legitimate because it weeds out undeserving candidates, which could improve your chances for approval. However, this convoluted process can be overwhelming without the right tools and resources, especially when you’re already dealing with a heart condition.
- A thorough confirmation of your condition by qualified medical professionals. Simply telling the board that you have dilated cardiomyopathy isn’t enough to be approved for disability—you must be able to prove it. Restrictions on severity, type of condition, and ability to provide for oneself all come into play when determining government aid. Consequently, for your claim to even be considered, you must show that the effects of your condition have a direct impact on your ability to financially provide for yourself and family. Medical records, physician statements, and diagnostics from your hospital can all be used as evidence of your ailment to help persuade the SSD board to give your claim the attention it needs for approval.
- A thorough description of the severity of your condition. The SSA not only requires that you have dilated cardiomyopathy but also that the condition is severe enough to warrant disability. Therefore, you must be able to convince the SSD board that you’re unable to continue working as a result of your condition. Employer statements and doctors’ notes that detail your limitations can go a long way in persuading the board of the severity of your condition.
The Edge You Need
At Keefe Disability Law, we believe that your claim deserves to be as strong as possible, so the disability board has no other option but to approve it. Contact our office today to see how our knowledge, experience, and resources can help you build a case worthy of the benefits you need. Call 508-283-5500 to schedule an appointment.