Reviewing SSDI and SSI Cases for Diabetes

by Clauson on March 13, 2015

While some diabetics are able to control their diabetes and lead productive and healthy work lives, other patients can develop complications from the disease. Because of the complications, they may meet the qualifications established for claiming diabetes as a disability.

How Lack of Treatment Can Result in Complications
Disability payments often provide financial help for diabetics who must test their blood, give injections, and track their diet and exercise on a routine basis. If a diabetic does not have health insurance, then the aforementioned responsibilities can overwhelm him at times. Also, if diabetes is not regularly treated, then complications leading to a permanent disability can develop too. In its most severe form, diabetes mellitus can disable a person or cause a permanent impairment.

Type One Diabetes
Diabetes is divided into two types for the purpose of SSDI/SSI claims. Type one diabetes is also called juvenile onset diabetes. This kind of diabetes is insulin-dependent. Therefore, patients who have Type one diabetes must rely on either injections or an insulin pump in order to receive the blood glucose they need.

Diabetic Conditions
Complications that can result in adulthood from insulin-dependent diabetes include vision problems, organ damage, and neuropathy. Any of these conditions are considered impairment or a disability by the Social Security Administration or SSA.

Type 2 Diabetes
Type two diabetes is another name for adult onset diabetes and is a condition that develops later in an adult’s life. Although it can be brought on for various reasons, type two diabetes primarily develops form a sedentary lifestyle or obesity. The condition can be treated with either injections or oral medicines. Type 2 diabetics monitor their blood sugar too.

Therefore, diabetics who don’t control their blood sugar generally have complications that can lead to impairment later in their life. A complication that results from diabetes is often approved for disability compensation as the condition can lead to an inability to work.

Common Long-term Complications
Common long-term complications from diabetes include peripheral neuropathy or nerve damage in the extremities – depicted by a burning or tingling pain in the legs and arms. Another complication is diabetic retinopathy that results in visual impairment. Other complications that result from diabetes that can be approved for SSD compensation include foot ulcers, high blood pressure, heart disease, and stroke and kidney damage.

Consult with an Attorney
The complications associated with diabetes then make it impossible to work in certain situations. Patients who once stood on their feet all day, or have been affected visually, often must learn to take it easy. Grid rules often apply for older and low-income people who need to regularly track and monitor their insulin intake. Regardless of the reason for your diabetes-related impairment, it’s essential that you consult with an SSD attorney if you want ensure that you receive the maximum amount of benefits allowable under the law.

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While you are able to obtain disability compensation for physical and mental claims, it is normally more of a challenge to collect disability for an illness that is based on mental difficulties. With respect to mental claims, symptoms are harder to assess and the severity of the illness may be hard to gauge objectively.

As Social Security Administration (SSA) claim examiners are not educated to understand the cyclical natural of mental disorders, they are sometimes unable to grasp the broad scope of limitations that are imposed by certain impairments. For example, impairments, such as bipolar disorder, are marked by periods of normalcy followed by times when the patient is manic or depressed.

SSA Sanctioned Mental Illnesses
When evaluating a mental illness, an examiner first refers to the SSA’s “blue book” of official mental impairments. These conditions are recognized by the SSA as being inherently disabling. Some of the listed impairments under this category include mental retardation, autism, depression, bipolar disorder, schizophrenia and disorders connected to substance abuse.

If you have been diagnosed with a mental illness that is not listed in the SSA blue book and the symptoms of the condition are preventing you from working full-time, then you can still receive SSD compensation. In order to demonstrate your need for disability compensation, you should align yourself with an SSDI/SSI legal specialist who can assist you in your case.

What You Must Prove
By partnering with an SSDI/SSI attorney, you can demonstrate, through x-rays, imaging and diagnosis, why your condition is preventing you from working full-time. Applicants must prove that their mental illness is keeping them from working a 40-hour week and that the condition is expected to continue for a year or more.

SSA examiners use a measurement called a mental RFC (Residual Functional Capacity) to determine an applicant’s limitations with respect to education level, job skills and age. Generally, claims for social security disability get denied because of poorly maintained treatment notes, a lack of information with respect to therapy and a patient’s non-compliance with taking prescribed medications. This type of response can become a major issue in disability approval as SSA examiners look at what a claimant can do to reduce the limitations that are being placed on him. Therefore, a patient’s impairment cannot be accurately assessed if he is not complying with or following the prescribed treatment plan.

If you secure the services of an SSDI/SSI attorney, approval is much more likely to occur. While you can file a claim yourself, you increase your odds for approval by as much as 70% if you work with an SSDI/SSI legal specialist. Therefore, it is important that you consider what documentation the SSA will need to fully assess your case and provide that paperwork to your SSD attorney.

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Joint pain, including arthritis, is a common affliction as approximately 1/3 of adults suffer from this kind of pain in the U.S. Common places for the pain to occur include the neck, hips, shoulders, knees, hip, wrists, ankles and elbows.

Joint Pain Can Become Disabling
The extent of the pain can range from a vague and mild soreness to an excruciating pain that can immobilize the patient. Pain can last anywhere from a couple weeks (acute pain), or for as long as months or years (chronic pain). Because the joints are used any time movement is facilitated,
joint pain that is severe can also be disabling.

As a result, application for social security disability by joint pain sufferers can be facilitated if the candidate can prove that his pain keeps him from working a full 40-hour week and that the condition is chronic, or is expected to last a year or more. The cause of joint pain varies and therefore can occur for a number of reasons, including inflammation, injury, the aging process and cancer. Joint pain can be diagnosed in relation to arthritis, fibromyalgia, osteoporosis, lupus, bursitis or gout.

Partner With an SSDI/SSI Attorney
Even when joint pain is disabling or limiting, it can be difficult to obtain approval for the ailment under the guidelines of the Social Security Administration (SSA). Therefore, it is important that applicants partner with an SSDI/SSI attorney who can assist them in assembling and filling out all the paperwork necessary for the application.

In order to establish joint pain or arthritis as a disability; you initially must obtain a diagnosis from an orthopedist or similar medical profession. You also won’t be considered for benefits if you don’t obtain the associated lab tests, MRIs and x-rays, all which are important in establishing that you have the symptoms that you state.

If you have met the aforementioned requirements with respect to treatment and testing, then the SSA will determine whether or not your joint pain or arthritis qualifies as impairment. The agency proceeds with the process by either showing that the disability meets or equals the guidelines included in the SSA “blue book” of qualified impairments or by demonstrating that the joint or arthritis pain causes mental or physical limitations in the workplace.

How Qualification Is Determined
Joint pain can qualify for benefits under a blue book listing if it is shown by x-ray or imaging that the related pain results from a joint deformity. Therefore, medical imaging must reveal that the bone has been destroyed or that the joint space has narrowed from a process known as Ankylosis. If the deformity is found in the knee, ankle joint or hip, you must show that you are unable to walk without the help of a walker, two canes, or two crutches.

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How SSD Attorneys Handle Cancer Cases

by Clauson on March 2, 2015

The Social Security Administration or SSA recognizes that cancer is an impairment that can prevent the patient from working. Not only can the treatment medicine used for the disease reduce the amount of working time, the physical limitations a patient experiences also has a bearing on claimant approval too. When receiving a diagnosis of cancer then, your first concern is to follow a prescribed course of treatment and stay alive. Therefore, working full-time is no longer a priority, especially if your objective is to beat the disease and stay alive.

The SSA uses three different guidelines in order to recover disability benefits for applicants. First, the agency checks to see if your condition meets the criteria for cancer outlined in the agency’s “blue book.” The blue book listing is made up of all those impairments that are so debilitating and restrictive that they can be considered for approval without too much thought or review.

Cancer listed under the category of neoplastic diseases. If you scan over the listing for the disease, you will find 27 different kinds of cancers, some of which feature subcategories.

How a Judge Would Review Your Case
A judge can also evaluate a cancer diagnosis for approval purposes by surveying a number of criteria. These factors include the origin of the cancer, the amount of patient involvement, the duration of the disease, and the response to antineoplastic treatments. If you are wondering what is meant by “antineoplastic,” the therapy covers such treatment activities as surgery, irradiation, chemotherapy, bone marrow transplantation, and immunotherapy and cell transplantation. Surgery that is referred to as an antineoplastic type treatment refers to surgical excision.

Following the Grid Rules
When cancer is diagnosed, the grid rules for approval may apply as well, especially if the disease is causing you undue exertion for your age. The medical-vocational guidelines that comprise the grid regulations may apply to cancer patients who are over the age of 50, have a limited education, are unskilled or possesses a limited employment background. These rules acknowledge that these factors will cause an applicant suffering from cancer difficulty in finding work.

Medical Evidence
If you cancer diagnosis has resulted in problems in performing simple entry-level tasks, then approval must be based on work reliability. To provide proof of impairment then, written evidence must be provided by a doctor to show that, because of your disease, you will miss excessive time from work and will require additional breaks. Also, because of the disease, it is likely that you will have problems with focusing.

Needless to say, obtaining approval through the SSDI and SSI programs is a quite extensive process with respect to cancer cases. That is why it is important to depend on an SSD attorney to assist you in receiving the compensation you require for a cancer-related impairment.

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