How Can Disability Advocates Help Support Your Lupus Disability Claim
Navigating the process of seeking disability benefits for victims of a disease like lupus can be quite intimidating. Thats why seeking competent, experienced advocacy when seeking Social Security disability benefits can make all the differences in your case.
Call Disability Experts of Florida and make an appointment for a free consultation regarding your case. Medical conditions such as chronic lupus can be complex and present unique problems in the process of seeking disability benefits. So, let only the best help your case for you and contact Disability Experts of Florida today.
I Have Lupus Can I Get Disability Benefits
If your doctor provides you with a lupus diagnosis, you may qualify for Social Security Disability Insurance once you can no longer work due to impaired physical function. To get approved, youll need to meet the Social Security Administrations criteria under the Lupus listing in their Blue Book. The official criteria only cover systemic lupus erythematosus and not discoid lupus. That doesnt mean, however, that the SSA wont approve you for SSDI benefits.
Who Can Get Lupus
Women of child-bearing age are most often affected. Indeed, in that particular age group, lupus is 8 to 13 times more common in women than in men. However, the disease does occur in men, in children and in the elderly. According to the Lupus Foundation of America, of the 500,000 Americans estimated to have SLE, the disease occurs in 1 of every 600 white women of child-bearing age and in 1 of every 200 black women. Lupus is therefore not rare and is more common than multiple sclerosis, muscular dystrophy or leukemia. Lupus is diagnosed worldwide. In Canada, estimates of the number of lupus patients range from 15,000 to 50,000 . At any rate, it is clear that SLE is not a rare disease in Canada.
Lupus is not contagious.
Lupus is not an infection. It is not contagious, meaning that it cannot be passed from person to person like a cold, the measles or the flu. It is not a form of cancer. There is absolutely no relationship between lupus and AIDS.
Don’t Miss: 70 Percent Va Disability Rating
Is Lupus Hereditary Is There A Cure
Heredity may influence whether or not a person develops lupus. It is not unusual for a lupus patient to have in his or her family a relative with an autoimmune disease . In fact, SLE studies have shown that between 0.4 to 5 per cent of the relatives of lupus patients may themselves develop lupus. While this may sound frightening, remember that the odds of not having lupus when someone else in the family has it are at least 95 per cent or greater.
As yet, there is no cure for lupus. However, researchers studying this disease have made tremendous advances in our knowledge of SLE and this research is continuing. Patients are fully justified in their hopes that a cure will be found.
Medical Evidence Of Lupus Disability
After you apply for Social Security disability, the SSA will request your medical records. The SSA will want to see your medical history, results of a physical examination, laboratory results of blood work, and any medical imaging and biopsies that your treating doctor has ordered to diagnose your lupus and its severity. Your records should show regular doctor visits over a period of time. You also need to show that you’ve been taking the medication your doctor has prescribed for at least three months before applying for benefits .
SLE is a disease that commonly has fluctuations: flare-ups followed by period of remission. You should visit your doctor with each exacerbation, so that your doctor can record your symptoms and how they are affecting your day-to-day life and ability to work.
Read Also: How To Get More Va Disability
Please Answer A Few Questions To Help Us Determine Your Eligibility
Systematic lupus erthymatosus, commonly referred to as lupus, is an autoimmune disease that causes the body’s immune system to attack itself. Depending on the severity of the disease, it can cause varying amounts of damage to joints, skin, kidneys, blood, the heart, and lungs.
There are two ways an individual can qualify for Social Security Disability benefits for lupus. An individual can meet the requirements of a listing set out in Social Security’s list of qualifying impairments or show that he or she is unable to work.
How To Win Disability Benefits For Lupus
1. Obtaining a specific diagnosis from a qualified physician
The most important part of putting yourself in a position to win disability benefits for lupus is getting a specific diagnosis for it. If you cannot get a doctor to give you a legitimate diagnosis, you will have no case to provide to insurance companies.
The disease is often difficult to diagnose because there isnt a standalone test that can determine whether you have it or not. To have the best chance of getting properly diagnosed, you should see a Rheumatologist.
These doctors specialize in autoimmune disorders like lupus. They use a list of eleven criteria for lupus to assist them in making the diagnosis. In general, if you have four or more of the criteria, you can be diagnosed with systemic lupus. The different criteria go as follows:
- Butterfly rash on the nose and cheeks.
- Raised red patches on the skin called discoid rashes.
- Skin rashes that come from sunlight.
- Ulcers in the mouth or nose.
- Nonerosive arthritis in multiple different joints.
- Inflammation of the lining around the lungs or heart called cardiopulmonary involvement.
- A neurotic disorder, such as seizures.
- Renal disorder, which is excessive protein in urine.
- Low white blood cell or platelet count, known as Hematologic disorder.
- Immunologic disorder which affects antibodies.
- Antinuclear antibodies.
2. Show that you have gone through every treatment option available
3. Keep track of limitation in your daily life associated with lupus
Recommended Reading: Average Ssi Payment In California
Get Lupus & Fibromyalgia Disability Lawyers To Help With Your Claim
Experienced fibromyalgia disability lawyers can apply the 2012 ruling and all other rules and regulations for Social Security Disability to support your claim.
Your lupus disability attorney knows how to present to Social Security medical problems that get better or worse from day to dayand explain how they prevent you from working .
An attorney for fibromyalgia disability claims also knows how to provide evidence and confirmation for symptoms that you know you suffer from, but other people cant easily see or understand.
Fibromyalgia disability claims can be challenging to build on your own. And when youre already struggling with debilitating health problems and limited energy, applying by yourself is a heavy burden.
Dont take any chances with this opportunity to get financial support and move on to the next chapter of your life as you cope with lupus and fibromyalgia.
At Levine Benjamin Law Firm, in addition to providing an initial evaluation of your case for free, we wont charge a fee unless you win Social Security Disability benefits.
Weve helped more than 50,000 people win benefits since 1964 in Detroit, Toledo, Flint, Lansing, Grand Rapids and all across Michigan.Let us help you.
What Medical Conditions Qualify For Short
To qualify for short-term disability your medical condition must prevent you from doing your regular job duties. You must show how the symptoms or impairments from your medical condition interfere with your ability to perform you job duties.
To do this you will need to have an official list of your job duties. Then you can get your doctor review the list of duties and confirm that you cannot perform the majority of these duties because of your medical condition.
Most short term disaibltiy plans will require you to be continuously disabled for 7 days or so before you can qualify for benefits. This is called a waiting period or elimination period.
Following is an example of typical wording of the disability requirement for a short-term disability plan. Please note this is only an example, the exact wording is different for each plan:
An employee is entitled to payment of a short-term disability benefit if that employee proves that:
- the employee became totally disabled while covered
- the total disability has continued beyoned the elimintation period
- the employee has been following appropriate treatment for the disabling condition
An employee wil be considered totally disabled while the employee is continuously unable due to an illness to do the essentional duties of the employees own occupation in any setting.
You May Like: How Much Does 90 Va Disability Pay
Meeting The Listing Requirements For Lupus
Lupus is one of the diseases specifically listed in Social Security’s listing of impairments. To qualify as disabled under this listing, you must meet the following requirements:
- The lupus must affect at least two body systems or organs, such as the kidneys and the lungs, or the heart and the brain, and
- The lupus must cause at least two of the following symptoms.
- frequent exhaustion resulting in low physical or mental activity
- malaise , and/or
- involuntary weight loss.
- Repeated symptoms of lupus, with at least two of the symptoms above resulting in one of the following limitations:
- Limitations of activities of daily living
- Limitation in maintaining social functioning
- Limitation in completing tasks in a timely manner due to lack of focus or ability to work quickly.
The second set of criteria applies only to adults the first set of criteria applies to adult, teenagers, and children teenagers with lupus.
Functional Limitations For Lupus Disability:
If you suffer from lupus you must often suffer from the following functional limitations:
- An inability to perform your daily activities
- Your ability to function socially has been severely impaired or
- Having severe difficulties completing tasks on time due to difficulty concentrating, persevering, or pacing.
In some cases such as kidney damage, lupus will only affect one organ or body system severely but will not affect another and so it’s therefore possible that you do not meet the medical requirements. The functional limitations criteria might not be applied to you if you are still capable of taking care of yourself and have no mental issues that prevent you from performing everyday tasks. Even if you are unable to work full-time , you deserve disability benefits. Your reduced functional ability may still make you qualify you for benefits in this case.
So it’s always advised to speak to a professional/lawyer/disability attorney to access and get the best results and start receiving disability allowance for you.
Don’t Miss: Disability California Calculator
About Social Security Disability
Social Security Disability is the federal program, supported by payroll taxes, that pays benefits to people who cannot work due to a medical condition. In order to qualify, you must have a medical condition that meets Social Security’s definition of disability and is expected to last at least one year or result in death.
You will be considered disabled if you can provide medical evidence that are unable to do the work that you did before and you cannot adjust to other work because of your medical condition. No benefits are payable for partial disability or for short-term disability.
Generally, to be eligible for disability benefits, you must have worked long enough and acquired enough work credits. The number of work credits required will depend on your age when you become disabled. There are different eligibility rules for children under the age of 18.
Functional Limitations For Lupus Disability
Your lupus must repeatedly manifest itself and cause one of the following functional problems:
- severe limitation to your activities of daily living
- severe limitation to your being able to maintain social functioning, or
- severe limitation to your completing tasks in a timely manner, due to deficiencies in concentration, persistence, or pace.
It’s possible that your lupus is affecting only one organ or body system severely, such as your kidneys, but is not affecting another system more than slightly, so you might not fulfill the medical criteria. And if you are still able to take care of yourself and maintain a social life, and you have no mental problems that keep you from completing tasks, you might not fulfill the functional limitations criteria. But if you unable to work a full-time job , you still deserve disability benefits. In this situation, you may be able to qualify for benefits because of reduced functional capacity.
You May Like: 504 Plan Food Allergies
Is Lupus A Disability According To The Ssa
Systemic Lupus Erythematosus is listed in the Immune System Disorders section of the SSA Blue Book. Essentially, in order to qualify for SSD benefits, your lupus must affect 2 or more organs or body systems with severe symptoms in at least 1 organ or body system.
You must also display at least 2 of the following symptoms:
- Severe fatigue
- Involuntary weight loss
Another way you can qualify for SSD is by having repeated episodes, or manifestations of lupus with at least 2 of the symptoms above and one of the following:
Having lupus can make it impossible to get out of bed, perform errands in the house, and even spend time with your loved ones much less maintain a full-time job.
If you can demonstrate how lupus affects your life in accordance with SSA guidelines, you should also be eligible for SSD.
About Va Claims Insider
VA Claims insider is an education-based coaching/consulting company. Were here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements for a wide range of disability conditions.
Don’t Miss: California Sdi Calculator
Bryant Legal Group: Chicagos Lupus Disability Lawyers
At Bryant Legal Group, we focus on complex disability insurance claims and guide our clients through their applications for benefits and appeals. If you have questions about lupus or another autoimmune-related disability insurance claim, contact our office today. Well help you understand your legal options and treat you with the respect you deserve.
To schedule your free initial consultation with an attorney from our team, use our online contact form or call us at .
Our Expert Disability Representatives & Lupus Disability Benefits
Our representatives want to be your disability legal team. We bring over 60 years of experience to your disability case. For example, Dianna Cannon practices and teaches disability law. She has done so for thirty years. Additionally, Brett Bunkall and Andria Summers have many years of litigation experience representing clients in disability hearings. You can trust that our representatives will do everything they can to win your SSD and SSI benefits.
If you are worrying about the cost to hire an attorney, then stop. We can take away your worry. And, you can hire us for no money upfront. We work on a contingency fee. This means we are paid an attorney fee after we have won your case. We are paid 25% of your back benefits, with a cap of $6000 or 25% of the back benefits. The attorney fee is whatever is less. If we do not win, then there is no attorney fee. That is right. If there is no back benefit for you, there is no attorney fee for us. You can also call us for a free consultation.
Don’t Miss: 90 Disabled Veteran
Impacting Your Ability To Work
If you suffer severe symptoms from lupus, your ability to work and function normally can be significantly impacted. The joint damage can make your mobility be challenged. Damage to your skin can increase bruising and skin tears. The malaise, exhaustion, and fevers can impact your ability to concentrate and focus, plus your overall physical and mental capacity can be severely affected. This can prevent you from maintaining accurate records or handling administrative tasks as you would do in a managerial or executive role.
Damage to your kidneys or lungs can make standing or sitting for long periods a challenge. Regular repositioning may be a necessity for comfort. You may require frequent breaks and must undergo time-consuming treatments, such as regular dialysis for your kidneys or use of a nebulizer because of breathing problems. These two treatments can impact your availability for work tasks throughout the day. This would render you unable to work in manufacturing, sales, or customer service roles.
Consult With A Social Security Attorney To Determine If Lupus Is A Disability
Youll need your financial details, work history, and education information before applying for benefits. Gathering contact information for all your medical care providers is recommended too, as the SSA will need these details to request copies of your medical records.
When youre ready to start your application, you can visit the SSAs website to apply for SSDI, or you can go to the local SSA office to apply for SSI and/or SSDI benefits.
But even before that, you can fill out this free evaluation form to learn more about your case and take the first steps towards finding legal representation.
How Do I Qualify For Disability Benefits For Lupus Or Social Security Benefits
The government allows you to still seek Disability benefits if your condition severely limits your ability to hold a job that fits your age, previous job experience, and education level. Youll need proof of your diagnosis and two of the four following problems:
- Fever caused by your disease
Two or more of the following body systems or organs must also be affected:
- Inflammatory arthritis, most commonly found in the wrists, knees, hands, or fingers
- Respiratory issues such as lung tissue inflammation, chest pain, or pulmonary embolism
- Hematologic, or blood issues like thrombocytopenia or anemia
- Renal problems including lupus nephritis, decreased kidney function, or glomerulonephritis
- Mental health issues like mood disorders or anxiety
- Cardiovascular problems involving inflamed blood vessels or heart tissue
- Neurologic disorders including seizures and headaches
Your symptoms must affect your ability to effectively complete tasks or function socially to be considered a disability.