Getting Help Protecting Access To Medicaid For Your Disabled Child
Qualifying for Medicaid for your disabled child can be important when your child is younger and you are trying to get essential care. Access to Medicaid benefits can also be essential throughout the life of a person who has a disability or who has special needs. If your child is not going to be able to work at a job that will provide insurance due to his disabilities, getting Medicaid coverage will be vital to ensuring affordable medical services are available.
This can become a problem if you wish to provide an inheritance to a child, as your son or daughter may become disqualified from Medicaid benefits if the inherited money or property is countable as a resource. Medicaid is a means-tested program that takes assets into account when determining if a disabled person can qualify for coverage, so you must make sure you structure any gifts or inheritances to protect benefits access. Sinclair Prosser Gasior can help you to use a special needs trust so you can provide funds for your childs needs and not affect Medicaid coverage.
How To Apply For Maryland Section 8
The Maryland Section 8 Program is a rental assistance program that helps subsidize the rent of low-income families in the state of Maryland. This program receives its funds from the U.S. Department of Housing and Urban Development , and is administered locally by the Maryland Public housing authority which has offices across the state of Maryland.
The program operates by giving its participants housing vouchers. On receipt of these housing vouchers, the participants are supposed to look for affordable housing units of their choice, provided they meet the Maryland Section 8 health and safety requirements. On finding suitable housing the program pays a rental subsidy directly to the respective landlords, with the participating family paying the difference between the actual rent and the subsidy.
In order to qualify for the Maryland Section 8 Program, applicants must meet certain eligibility requirements set by the department of Housing and Urban Development inconjuction with the local PHA,s. These eligibility requirements are mainly based on the applicants family income, area of residence and nationality.
Upon successful completion of the application process, you will be placed on a waiting list after which you will start receiving the benefits of the program which includes a housing assistance voucher.
Medical Qualifying With A Mental Illness
The SSA conducts a detailed review of your medical records to determine your eligibility for benefits. During this review, they try to match your records to a disability listing in the Blue Book. The Blue Book is the SSAs medical guide that is used to evaluate every disability application.
Disability listings outline the severity level requirements and the specific medical evidence needed to support a claim for benefits. Mental illnesses appear in Section 12.00 and include:
- 12.06, Anxiety-related Disorders you may qualify under this listing if you have a severe phobia, post-traumatic stress, a panic disorder, or another anxiety-related condition.
- 12.08, Personality Disorders this is the listing under which you may qualify if you have severe, clinical depression.
- 12.04, Affective Disorders if you have bipolar disorder, your application will be reviewed under this listing.
Extensive medical records are necessary to qualify, including:
- Information on your diagnosis, ideally from a psychiatrist or psychologist
- Brain scans or other evidence of physical abnormalities that document an organic cause for symptoms, if applicable
- Treatment records, documenting medications, therapy, and other management methods used and their effects
- Thoroughly documented episodes of increased symptoms or periods of decompensation
- Well documented affects of your symptoms on your everyday abilities or activities of daily living
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How To Appeal A Denial In Maryland
Do you disagree with a decision regarding your Social Security Disability application? You can appeal to the SSA by starting with a request for reconsideration. You can submit new evidence regarding your medical history, work history, or financial resources.
If that does not reverse the initial decisions, you can request a hearing in front of an Administrative Law Judge . Approximately 44% of the cases heard by an ALJ are successfully appealed.
If you are still unhappy with the decision, the next step is to file a request for a review by the Appeals Council. They will review the merits of your case and return it to an ALJ or decide it themselves. The final level of appeal is to take your case to a federal district court, though this is uncommon. An attorney can help you explore other options like permanent partial disability or permanent total disability provided as part of Maryland workers compensation insurance.
Know The Conditions Considered
Before applying for disability benefits, make sure that your condition is on the approved list. If its not, youll have to consult with a law firm to build a case that proves you deserve compensation. If your condition is considered to be a disability, however, you will then need to prove your condition by getting a copy of your medical report from your healthcare provider.
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Helping You Handle The Complexity Of Filing A Social Security Disability With Skill And Experience
Plaxen Adler Muncy, P.A. has represented the injured and the ill in Maryland for more than 35 years. If you have a claim for Social Security Disability benefits, we can help. To schedule a free consultation with an experienced Baltimore SSD lawyer, please call 410-730-7737 or fill out our contact form.
Social Security Disability
A Guide On Making Social Security Disability Claims In Maryland
You need to know what youre doing when youre working with social security disability claims in Maryland. If you go through the process the right way, you are much more likely to get approved. This guide is here to help people with disabilities so they know what to expect when applying for disability in Maryland.
Its important to know that you have to make due with what you have while youre waiting to get approved for social security. If you have a disability that keeps you from working, then you need to find a place to stay and ways to keep yourself fed while youre waiting to get help from the disability office. One thing you can look into is food stamps. If you can get approved for them at least you will know that you will be able to eat while you are waiting to get approved for disability.
Youre going to have to be able to prove that you are disabled if you want to get your claim approved. This means that youre going to have to have doctors that have kept track of your condition for a while that can help you to show proof to the social security office. Generally, youll have to sign something that says the social security office can look through your records to make a decision. If you dont let them look through your records then you will probably get denied so try to work with them on this to help your chances of getting approved.
You May Still Qualify For Social Security Benefits Even If Youre Still Working
Many people think that they do not qualify for disability benefits because they are still working. This is not the case, but it depends on your monthly income, and the threshold can change from year to year. For 2020, you generally will not be eligible for disability benefits if you make more than $1,260.00 per month. If you have questions about whether you qualify, it is advised to speak with a Baltimore disability attorney to get answers that apply to your specific situation.
Disability Benefits How To’s
Musculoskeletal System And Connective Tissue
The SSA reports that the largest category of diagnoses among disabled workers receiving disability benefits was diseases of the musculoskeletal system and connective tissue. These disabilities, which represented 32.3 percent of the diagnoses, involve damage to ones nerves, muscles, tendons or ligaments. Examples of this type of disorder include:
- ArthritisAn individual with rheumatoid arthritis, a disorder of the immune system, must experience significant limits on his or her ability to work to qualify for benefits under this medical diagnosis. Rheumatoid arthritis is sometimes referred to as a connective tissue disorder.
- Back pain Abnormal curvature of the spine may affect an individuals ability to walk as well as the function of other body systems. The intensity of back pain and the limitations on an individuals ability to function are considered in a disability diagnosis related to back pain.
- FibromyalgiaFibromyalgia is a complex syndrome in which a person has widespread pain in the joints, tendons, muscles and soft tissues that lasts for more than three months. Claims reviewers will try to assess whether there is adequate evidence to show that the condition limits a persons ability to perform any type of gainful work.
- Reflex Sympathetic Dystrophy RSD describes a range of symptoms that may occur from injury, diseases or surgery. RSD is characterized by intense burning or aching pain typically caused by trauma to a single extremity.
How To Apply For Ssdi In Maryland
If you live in Maryland, there are about 20 different SSA field offices where you can walk in and apply for SSDI. Please note that these locations are not always the same as the local Maryland Department of Health and Human Services or state-administered social services buildings where you might apply for food stamps or .
You can also apply for SSDI over the phone by calling 800-772-1213, or online at SSA.gov. If approved, the amount of disability awarded to an individual is based on a formula that takes into account the top 35 years of wage earning, divided by 420 to find the AIME . This amount is then multiplied against a percentage based on income brackets to find the PIA primary insurance amount. This amount is entirely based on work history, not disability. However, you need to provide clear proof of a disability to the SSA in order to collect SSDI.
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Timely Filing Is Essential
Submission of the required forms to the Retirement Agency is your responsibility. Information and documentation from your treating physician and employer must be properly completed and submitted to the retirement agency within 45 days of the date your claim is submitted. If you fail to meet this deadline, your disability claim will be terminated.
Members may file for disability benefits while on payroll or within a set period of time, depending on their system, after leaving payroll, as follows:
- Members of the Teachers Retirement System may file up to five years after leaving payroll. A one-year filing extension may be available.
- Members of all other systems may file up to four years after leaving payroll. For these members, a two-year filing extension may be available
Applications for accidental disability retirement must be filed within five years from the date of the accident. This filing deadline for accidental disability does not apply to the State Police, Correctional Officers or Law Enforcement Officers systems.
When all documentation necessary to submit a disability claim has been received by the Retirement Agency, the applicant will be informed in writing that the medical evaluation of his or her claim has begun. Applicants will be notified promptly in writing of a claim decision as soon as it is rendered by the Systems Board of Trustees.
Determining Your Eligibility With A Baltimore Disability Attorney
You may be eligible for different benefits depending on your situation. Supplemental Security Income and Social Security Disability Insurance both provide benefits to people with disabilities but have different requirements:
- To qualify for SSI, you must be 65 or older OR blind OR disabled and have limited or no income or other resources
- To qualify for SSDI, you must be disabled AND have a sufficient work history as determined by work credits
The distinction between these two benefits is confusing to many people. You may qualify for one of these benefits but not the other. If you are disabled and have limited income, you may be able to qualify for both SSI and SSDI. An experienced Baltimore disability lawyer can help you determine which benefits you are qualified to receive.
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What Can I Expect When I File For Disability
People often ask me, Whats going to happen now that weve filed for the application? And it goes through several processes. The first is the initial application, which is reviewed by a state agency called DDS: Disability Determination Services. They review it, we send the medical evidence, and they make an initial decision. If they find you disabled, thats the end. If they deny you, you go to the second level, which is called a Request for Reconsideration. All that really is, is the initial people that made the first denial assign it to someone else within the office, to decide if that denial was appropriate.
Generally, if youre at the Request for Reconsideration level, youre going to be denied again. When that second denial happens, then you get out of that office, and go to the hearing office in front of the judge. And thats where we have the hearing, and thats your best opportunity to show why youre disabled. You get to answer questions in front of the judge, you get to explain to the judge what it is thats going on in your life thats rendered you unable to work. And we can provide medical evidence to the judge, and also there will be a vocational expert there to testify about your past ability to work.
Two Types Of Disability Retirement
The Maryland State Retirement and Pension System provides benefits for two types of disability retirement, ordinary and accidental/special.
- Ordinary disability covers any permanent mental or physical incapacity for the further performance of the normal duties of your position.
- Accidental or special disability generally covers an accident that occurred in the actual performance of work duties at a definite time and place without willful negligence. Accidental disability applicants must be totally and permanently incapacitated for the further performance of their normal duties as the natural and proximate result of the accident.
All disability claims will be evaluated for ordinary disability if the member has at least five years of eligibility service.
If an applicant/member does not apply for accidental or special disability, he or she may not later apply for accidental or special disability or submit a new claim based on an accident that took place prior to the date the claim is submitted.
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The Role Of Your Doctor In The Application Process
Your doctor plays a vital role in your application for disability benefits. Make sure that you talk about your plans to apply for Social Security Disability benefits with your doctor because the Social Security Administration will be contacting them about your medical records, and about how your disability impacts your ability to perform your work duties. Getting opinion evidence about your disability from your doctor can also help your claim.
Applying For Disability Benefits With A Mental Illness
Mental and psychological disabilities are among the conditions that can qualify for benefits from the Social Security Administration . You may qualify with severe depression, bipolar disorder, an anxiety disorder, or another mental illness that prevents you from maintaining gainful employment.
Social Security disability benefits can cover everyday living expenses, medical bills, and other financial obligations. Benefits are paid monthly and can alleviate many of your financial worries, making it possible for you to get by without income from employment.
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How To Qualify For Ssdi In Maryland
The Social Security Administration awards SSDI benefit payments to disabled individuals with a condition that will last at least 12 months or eventually result in death. The disability must prevent you from doing any type of work. The SSA will make a determination based on your medical condition and work history. Generally speaking, you will need at least 40 credits to collect disability benefit payments, 20 of which must have been earned in the past decade.
Earning credits may be easier than you think. If you earned $5,880 in 2021, youve worked enough to earn all four work credits for the year. Unlike SSI or Veterans benefits, the exact nature of the disability does not determine the size of the monthly benefit payment, nor can financial resources prevent one from collecting SSDI.