Do I Qualify For Disability Insurance Benefits For Post
Disability insurance companies dont always make it easy for policyholders who have post-traumatic stress disorder to get the disability benefits they deserve.
Americans of all ages and sex can experience PTSD, which results from accidents, interpersonal violence , a stressful employment situation or as a result of military service.
PTSD, a type of anxiety disorder, is triggered either by experiencing or witnessing a terrifying event. Many people who go through or witness such an event have only temporary difficulty adjusting and coping. They improve with time and treatment.
But you probably have PTSD if the symptoms get worse, continue for months and even years and interfere with your ability to function. Symptoms, which can vary in intensity and over time, include flashbacks, nightmares, uncontrollable thoughts about the event and severe anxiety.
Many claims are denied because the disability insurance company says:
There is no objective basis of the diagnosis,
There is no objective basis for the restrictions and limitations assigned by your physician, or
There is no causal relationship between your PTSD and/or your restrictions and limitations, and your inability to do your own or any occupation.
Why The Definition of Mental or Nervous Conditions In Your Policy Is Key
What Mental Conditions Can Have Limited Pay Periods
Anxiety disorders, including:
- Bipolar disorder.
Basic Eligibility For Benefits
The SSA must see that you meet basic eligibility requirements before further reviewing your application for benefits. This basic eligibility includes having:
- A formal diagnosis of a potentially disabling condition
- A diagnosed condition that will disable you for 12 months of longer
After the SSA confirms that you meet basic eligibility, they will then move on to review your medical condition in detail and verify that you meet all program requirements for SSDI and/or SSI.
Increased Emotional Responses And Anxiety
PTSD often affects a persons emotional reactions to ordinary events. For example, it is not uncommon for a person with PTSD to become unreasonably angry at a small transgression or mistake. This could make working with other people difficult or impossible. In some cases, someone suffering from this condition might see and hear things that do not exist.
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How Common Is Ptsd In Veterans
It is estimated that U.S. military veterans are nearly four times as likely to develop PTSD as someone who didnt wear the uniform.
According to the VAs published statistics, the number of veterans with PTSD varies by service era:
- Operations Iraqi Freedom and Enduring Freedom : About 11-20 out of every 100 Veterans who served in OIF or OEF have PTSD each year.
- Gulf War : About 12 out of every 100 Gulf War Veterans have PTSD each year.
- Vietnam War: About 15 out of every 100 Vietnam Veterans were currently diagnosed with PTSD at the time of the most recent study in the late 1980s, the National Vietnam Veterans Readjustment Study . It is estimated that about 30 out of every 100 of Vietnam Veterans have had PTSD in their lifetime.
Another cause of PTSD in the military can be Military Sexual Trauma .
This is any sexual harassment or sexual assault that occurs while you are in the military.
MST can happen to both men and women and can occur during peacetime, training, or war.
Among Veterans who use VA healthcare:
- 23 out of 100 women reported sexual assault when in the military.
- 55 out of 100 women and 38 out of 100 men have experienced sexual harassment when in the military.
Note that there are many more male Veterans than there are female Veterans.
So, even though military sexual trauma is more common in women Veterans, over half of all Veterans with military sexual trauma are men.
What Are The Special Requirements For Ptsd Stressors Based On Areas Of Potential Hostile Military Or Terrorist Activity
- Concede a stressor when the Veterans DD Form 214 or other service records show service in an area of potential hostile military or terrorist activity.
- Service personnel records must be requested prior to or concurrently with any necessary examination being ordered to avoid unnecessary delays in claims processing.
- The receipt of military awards such as, but not limited to, the Vietnam Service or Campaign Medal, Kuwait Liberation Medal, Iraq Campaign Medal, and Afghanistan Campaign Medal is generally considered evidence of service in an area of potential hostile military or terrorist activity.
- The receipt of military awards such as the National Defense Service Medal, Armed Forces Service Medal, and Global War on Terrorism Service Medal generally does not indicate service in locations that involve exposure to hostile military or terrorist activity because these are general medals that do not denote service in a particular area or campaign. If the Veteran served in an area of potential hostile military or terrorist activity, he/she/they likely would have received a more specific medal for such service.
- The GWOT Expeditionary Medal also does not necessarily indicate service in an area that would involve exposure to hostile military or terrorist activity. Consider that award and the other evidence of record to determine if there was service in an area of potential hostile military or terrorist activity before scheduling an examination.
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Can I Get Va Disability For Migraines Secondary To Ptsd
I hope you enjoy reading this blog post.
If you want to learn how to implement these strategies to get the VA benefits you deserve, to speak with a VA claim expert for free.
Brian Reese here with VA Claims Insider, and in this expert-level post, Im going to reveal and explain how to service connect your Migraines Secondary to PTSD for VA disability.
Well also explore the 3 Magic Pillars of VA secondary service connection to include mission critical medical evidence requirements.
Lastly, together well uncover secret tips to getting a VA Nexus Letter for Secondary Conditions to help you prove secondary service connection under the law.
Okay, lets go!
Social Security Disability Insurance
Social security disability insurance offers a monthly stipend for the primary victim who meets the eligibility requirements. These requirements include:
- A person can perform a task under normal circumstances
- A person can perform other tasks under pressure situations
The amount of the stipend would be determined by the level of disability.
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Can I Work With Post Traumatic Stress Disorder
Post Traumatic Stress Disorder is exactly what its name implies: a stress disorder which follows a particularly distressing event or series of events. The event can be something that was physically traumatic or something which was psychologically traumatic . In many cases, such as those who were wounded during battle, the event may have been both physically and psychologically traumatic.
Common symptoms of Post Traumatic Stress Disorder include: nightmares about the event, flashbacks of the event, and a heightened sense of anxiety about thee event being repeated, whether there is rational reason to believe it might or not. These symptoms and conditions often lead to sleeplessness, avoidance of places, people or specific situations, hyperactivity, anger, and anxiety. Treatments usually consist of psychological therapy, medication, and cognitive behavioral therapy.
A Social Security Disability lawyer will know better than anyone else exactly what the Social Security Administration is looking for in determining whether or not your Post Traumatic Stress disorder qualifies you for Social Security Disability benefits.
Demonstrate Extreme Limitation Of One Or Marked Limitation Of Two Of The Following Areas Of Mental Functioning:
- Understanding, remembering or applying information
- Interacting with others
- Concentrating, persisting, or maintaining pace
- Adapting or managing oneself
Other ways to qualify under the anxiety listing are having the required symptoms of panic attacks or obsessive-compulsive disorder .
If these dont qualify you for PTSD disability benefits, the SSA examiner will also consider approving applications if the disorder is determined to be serious and persistent. This means you suffer from near-extreme anxiety or emotional disturbance . To qualify, you must have two or more years of medically documented history of the disorder and that despite treatment, therapy, psychosocial support, and PTSD programs, you still have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life.
There is one other path to approval, known as a “medical-vocational allowance,” which is based upon PTSD and work limitations. While this may sound like it’s an exception, its often how to get disability for PTSD. For consideration under a medical-vocational allowance, also known as your Residual Functional Capacity , the SSA claims examiner will have had to first determine that you cannot be awarded benefits on the basis of meeting the requirements under the SSAs anxiety listing and that the condition is sufficiently severe as to prevent you from maintaining regular employment.
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Signs And Symptoms Of Trauma / Stressor
Not everyone who experiences trauma will develop PTSD or other stressor-related disorders. Those who do may experience a wide variety and severity of symptoms that can resolve in weeks, months, or sometimes become chronic. The SSA describes some possible signs and symptoms of this type of disorder:
- Persistent negative emotional states
- Sleep disturbances
How Can You Get A Medical
As you can see, its not easy to satisfy the disability listing requirements for PTSD. Many applicants are not able to provide sufficient medical documentation to meet these requirements. Fortunately, there is one other way to obtain SSDI benefits for PTSD.
If you cannot satisfy the listing requirements, the SSA will evaluate your condition to determine if it is severe enough to prevent you from performing the work you did previously. If you are still able to perform work you did previously, you do not meet the SSAs definition of disabled. But if you cannot perform the work you did previously as a result of your PTSD, the SSA will need to determine if you can perform any type of work at all.
The SSA considers many factors when determining whether you can perform any type of work, including your prior work history, education, special skills, and training. If the SSA believes it is possible for you to find work despite your PTSD, they will not approve your application for benefits. But if the SSA believes your PTSD makes it impossible for you to perform any type of work you are qualified for, you may be approved for benefits.
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How Much Disability Can I Get For Ptsd
If the SSA determines that you are disabled because PTSD prevents you from working, you may be entitled to Social Security Disability Insurance or Supplemental Security Income. The SSA has an online benefits calculator that can help you estimate potential SSD benefits. An SSD attorney can also help you estimate how much you could receive in Disability benefits, as well as help you seek the maximum benefits for your PTSD.
How Can I Get Va Disability Benefits For Ptsd
Post-traumatic stress disorder is a disorder that makes it difficult for people to emotionally heal after living through a traumatic event. If you have PTSD thats connected to your military service, you may be eligible to receive VA disability benefits from the United States Department of Veterans Affairs. Our VA disability lawyers in Kalamazoo have experience working with veterans just like you and will make sure they do everything to support your case.
We understand that this is a stressful time, which is why our office in Kalamazoo, Michigan is more than happy to help you set up your first appointment with one of our VA disability attorneys. We can help you understand your VA disability rating for PTSD so you get the benefits you need.
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How Can Ptsd Affect My Life
Having traumatic memories and experiences from past events can cause people to lose their everyday normal functioning. There may be disruptions in sleep patterns, an inability to concentrate and focus on a given task, or the ability to function properly in society.
Without getting proper treatment, PTSD can turn into a long-term disability. Many times, PTSD can cause secondary disability like chronic fatigue or depression and anxiety.
If PTSD becomes a long-term disability, there are options. That said, because of the subjective manner of posttraumatic stress disorder, many disability claims are denied.
Can You Get Disability For Ptsd In Arkansas
We Fight for Injured Victims in Arkansas Every Single Day
Post-traumatic stress disorder is an anxiety disorder caused by traumatic experiences and terrifying events. Symptoms include feelings of horror and powerlessness, recurring and unwanted memories of the event, upsetting dreams and nightmares, and severe emotional distress. One of the leading causes of PTSD is military service, but other traumatic events involving imminent harm and death are potential causes. PTSD can create emotional and physical changes to the body that can limit a persons ability to perform their regular work duties. Fortunately, the Social Security Disability Insurance program allows workers who are suffering from PTSD to get benefits so they can focus on their mental and physical health. For more information about getting disability for PTSD in Arkansas, continue reading as the Fayetteville, AR disability lawyers from the law offices of Ken Kieklak, Attorney at Law, explain the topic in detail.
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Definition Of Ptsd As A Disability
The Social Security Administration considers post-traumatic stress disorder a disability. It falls under the category of trauma and stressor-related disorders.
According to the SSA, these disorders occur after witnessing or experiencing a stressful or traumatic event. They can also result from learning about a close friend or family members experience.
The SSA mentions common symptoms of trauma and stressor-related disorders, such as PTSD. They include:
- Flashbacks
- Diminished participation or interest in significant activities
- Persistent inability to experience positive emotions
- Persistent negative emotional state
- Exaggerated startle response
What Are The Functional Criteria For Ptsd
Once the existence of PTSD is established, you must exhibit how your PTSD limits your mental functioning and your ability to function independently. The SSA will determine the degree to which your PTSD affects your ability to work based on four areas of mental functioning. These include your ability to:
- Understand, remember, or apply information.
- Interact with others.
- Concentrate or maintain pace.
- Adapt or manage oneself.
The SSA will consider the frequency of difficulty you would experience when attempting to perform these activities and whether you could function without help or supervision.
To satisfy the criteria, you must have either one extreme limitation or two marked limitations in these areas. To measure the four areas of mental functioning and determine the degree of your limitations, the SSA will use a five-point rating scale.
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Qualifying Under The Medical Listing For Ptsd
Social Security evaluates PTSD under the listing for “trauma- and stressor-related disorders,” listing 12.15. For the SSA to find that you’re medically disabled because of your post-traumatic stress disorder, you’ll have to satisfy the requirements set out below.
First, your medical record must contain evidence of each of the following:
- exposure to actual or threatened death, serious injury, or violence
- involuntary re-experiencing of the traumatic event
- avoidance of external reminders of the event
- disturbance in mood and behavior, and
- increases in arousal and reactivity .
To find this evidence, the SSA will look at your doctor’s treatment notes to see what medications you take, how you feel and act during doctor’s appointments or counseling sessions, and the results of your mental status examinations. Make sure to let the SSA know if you are hospitalized or switch doctors so the agency can get the important evidence it needs.
Next, Social Security will look to see how much your symptoms limit your mental abilities. Simply having a diagnosis isn’t enoughâyou’ll need to show that your PTSD causes an “extreme” limitation in one, or a “marked” limitation in two, of the following areas:
- understanding, remembering, or using information
- interacting with others in socially appropriate ways
- being able to concentrate on tasks to complete them at a reasonable pace
- adapting or managing oneself .
Benefits For Disabled Adults
SSDI is available to disabled adult workers who have paid Social Security taxes, while SSI is a need-based program only available to applicants that meet strict limitations on income and asset holdings. If you have never worked due to your mental illness, you will not qualify for SSDI. If you have financial support from friends or family, you will not qualify for SSI.
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How Do I Talk To Someone Right Now
If youre a Veteran in crisis or concerned about one, connect with our caring, qualified Veterans Crisis Line responders for confidential help. Many of them are Veterans themselves. This service is private, free, and available 24/7.
To connect with a Veterans Crisis Line responder anytime day or night:
- Call , then select 1.
- If you have hearing loss, call TTY: .
You can also:
- Call .
- Go to the nearest emergency room.
- Go directly to your nearest VA medical center. It doesnt matter what your discharge status is or if youre enrolled in VA health care.Find your nearest VA medical center
The Caluza Triangle For Va Secondary Conditions: What Do I Need To Prove Secondary Service Connection
The FIRST part can be satisfied with any existing medical evidence in service treatment records, VA medical records, or any private medical records that shows a diagnosis of Migraines.
The SECOND part can be satisfied with a veterans existing service-connected disability rated at 0% or higher, which is your PTSD.
The THIRD part, and often the missing link needed to establish secondary service connection, can be satisfied with a credible Nexus Letter from a private healthcare provider that shows the connection between Migraines and PTSD.
Did you know there are HUNDREDS of common secondary VA claims that you can get service connected by law?
Heres a truth bomb fellow veterans
You could be missing out on thousands of dollars of tax-free disability compensation you deserve by law, and not even realize that your current VA disability might be caused or aggravated by an existing service connected disability.
Pro Tip: A Nexus Letter with high probative value is RECOMMENDED to help establish secondary service connection.
Why?
Because Medical Nexus Evidence is needed to satisfy the third evidentiary element that must be satisfied to prove your secondary VA claim on an at least as likely as not basis.
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