Winning Social Security Disability Benefits For Crohns Disease By Meeting A Listing
To determine whether you are disabled at Step 3 of the Sequential Evaluation Process, the Social Security Administration will consider whether your Crohns disease is severe enough to meet or equal the Crohns disease listing. The Social Security Administration has developed rules called Listing of Impairmentsfor most common impairments. The listing for a particular impairment describes a degree of severity that Social Security Administration presumes would prevent a person from performing substantial work. You will be considered disabled if your Crohns disease is severe enough to meet or equal the Crohns disease listing.
The listing for Crohns disease is 5.06, which has two parts: A and B. You will be disabled if you meet either part.
Meeting Social Security Administration Listing 5.06A for Crohns Disease
A Social Security disability claimant with Crohns disease meets listing 5.06A and is disabled if he or she has had sufficient narrowing of the intestine.
Listing 5.06A requires two hospitalizations for bowel obstruction at least 60 days apart within a six-month period. This hospitalization requirement means that only the most severe chronic cases qualify under listing 5.06A.
If the complications are eliminated by surgery, then you do not qualify under part A. In many instances, surgery does produce long-term benefit when combined with the proper diet and medication.
Meeting Social Security Administration Listing 5.06B for Crohns Disease
Symptoms Of Crohn’s Disease
Crohn’s disease usually causes inflammation in the lower part of the small intestine, called the ileum. The inflammation extends deep into the intestinal lining and can cause pain and make the intestines empty frequently. Disabling symptoms of Crohn’s include abdominal pain, diarrhea, rectal bleeding, fever, loss of appetite, fatigue, and weight loss. These symptoms tend to fluctuate between periods of inactivity and activity . It can be difficult to diagnose because its symptoms are similar to other intestinal disorders, such as irritable bowel syndrome , and to another type of IBD known as ulcerative colitis.
Coronavirus Aid Relief And Economic Security Act
Millions of people have lost their jobs as a result of COVID-19. The Coronavirus Aid, Relief, and Economic Security Act is a massive bill that addresses many topics . Here we focus on how the CARES Act expands the duration, benefits, and eligibility of unemployment insurance.
The CARES Act:
The CARES Act also allows states considerable flexibility to expand their definition of unemployed. States may, for example, choose to pay unemployment benefits for workers at businesses that are temporarily closed or to workers who are quarantined or temporarily stopped working due to exposure to COVID-19.
Find current guidelines for your states unemployment insurance program
Read Also: How To Calculate Disability Retirement Pay
Does The Us Government Classify Crohns As A Disability
In the U.S., the government classifies Crohns disease as a disability. This means individuals with Crohns may also be able to receive disability benefits from the SSA.
In addition, the Americans with Disabilities Act protects workers rights. That means that an employee with the condition has the right to ask their employer for reasonable accommodations to meet the needs that allow them to do their job.
The Disability Experts Of Florida Can Help
Your ulcerative colitis or Crohns condition can make you eligible for disability benefits. If your condition is impairing you from working, the experts at DEF can help. With over 100 years of combined experience, we know how to navigate the SSAs application process and we can help you prove your disability caseweve done it for thousands of other people just like you!
Dont put off filing your application in fear of rejection. The anxiety and discomfort caused by the disease, and the pressure of having to work 40 hours a week or more in order to keep a roof over your head, can take a huge toll on your health. Let our team of experts help you get the benefits that you deserve.
Don’t Miss: How Much Does Disability Pay In California
Can I Get Social Security Disability Benefits If I Suffer From Crohns Disease
Crohns disease is absolutely recognized by the Social Security Administration! If Crohns disease is preventing you from working for at least 12 months, you may qualify for Social Security disability benefits . When you apply for disability benefits with Crohns disease, the Social Security Administration will first determine whether your condition is severe enough to meet a listing. If you meet a listing you will be found disabled. If you do not meet a listing, the Social Security Administration will then evaluate your residual functional capacity ) and determine whether you are entitled to disability benefits.
How Does The Disability Tax Credit Work
The Canadian government understands the hardships for differently-abled Canadians and their families.To help offset the costs of disabilities like Crohns disease, the CRA offers disability benefits like the Canadian Disability Tax Credit.
Disability tax benefits are specifically designed to alleviate the costs of treatments and general impact of a condition on Canadians living with Crohns disease. Despite the disability tax refunds available, unclaimed disability tax credits are surprisingly common.
Disability Benefits For Crohn’s Disease
Social Security Disability Lawyers: OC, Riverside & San Bernardino
What is Crohn’s Disease?
Burrill Bernard Crohn was an American gastroenterologist who in 1932 first identified the inflammatory bowel disease that now bears his name. It is also sometimes called Regional Enteritis. It is estimated that 3 million Americans suffer from Crohn’s.
The most common symptoms of Crohn’s are abdominal pain, diarrhea , weight loss, anemia, and chronic fatigue. Other symptoms may include rectal bleeding, loss of appetite, fever, nausea, inflammation of the eyes , inflammatory arthritis, back pain and stiffness, erythema nodosum and pyoderma gangrenosum skin lesions, and abdominal cramps.
Crohn’s Disease can cause inflammation throughout the entire GI tract. This is unlike ulcerative colitis, which affects only the colon. Also, in contrast to ulcerative colitis , Crohn’s affects the entire thickness of the intestinal wall. It can have skip lesions, where some parts of the intestines look normal and others are inflamed.
The most common presentation of Crohn’s is ileocolitis, where the inflammation is localized to the terminal part of the ileum and to the proximal portion of the large intestine .
Complications can include bowel obstruction, perforation, abscess formation, and fistulas. There is also an increased risk of colon cancer.
Disability Benefits for Crohn’s
Contact Our Firm
Please complete all required fields below.
Crohn’s Disease And Social Security Disability
Crohn’s disease is a type of inflammatory bowel disease , chronic inflammatory condition of the digestive or gastrointestinal tract. While Crohn’s disease can affect any part of the GI tract, it is more commonly found at the end of the small intestine, called the ileum, where it joins the beginning of the large intestine or colon. Crohn’s disease primarily causes breaks in the lining of the small and large intestines , but it can affect the digestive system at any point from the mouth to the anus. In severe cases, bowel obstructions and perforations may occur.Symptoms range from mild to severe. The inflammation extends deep into the intestinal lining and can cause pain and make the intestines empty frequently. Symptoms of Crohn’s include abdominal pain and cramping, diarrhea, fever, reduced appetite, and unexplained weight loss. These symptoms often fluctuate between periods of inactivity and activity . It can be difficult to diagnose because its symptoms are similar to other intestinal disorders, such as irritable bowel syndrome , and to another type of IBD known as ulcerative colitis.Acute flare-ups of Crohn’s disease are treated aggressively to achieve a remission. Once remission is achieved, treatment usually includes antibiotics for infections and anti-inflammatory drugs to control inflammation. Severe Crohn’s cases may require multiple surgeries to control or maintain remission of the disease.
Read Also: Reservist Retirement Calculator
Treatment Of Crohn’s Disease
Acute flare-ups of Crohn’s disease are treated aggressively to achieve a remission. Once remission is achieved, treatment usually includes antibiotics for infections and anti-inflammatory drugs to control inflammation. Severe Crohn’s cases may require multiple surgeries to control or maintain remission of the disease. Even after surgery, Crohn’s can continue be a lifelong problem to that makes it impossible to hold down a full-time job.
Get Compensation For Crohns Disease
Crohns disease can be a debilitating condition to live with, causing severe pain and dangerous complications. If you were in the military when you got your diagnosis, you should be able to get compensation from the VA for your condition. If you were already discharged at the time of your diagnosis, you could still get compensation, but it may be a tougher road to get there. Wed like to help you.
At Woods and Woods, the Veterans Firm, weve helped thousands of veterans with their VA disability applications and appeals. Weve been adding staff and lawyers during the Covid pandemic to better serve disabled veterans in difficult times.
Talk to Us About Your Claim:
If they dont know the cause of it, how can you get VA disability for Crohns Disease?
According to 38 CFR Section 1110: For disability resulting from personal injury suffered or disease contracted in line of duty which means that you only need to prove that you got sick with Crohns during active duty, not that active duty caused it.
Can I get a better VA rating for Crohns Disease or Irritable Bowel Syndrome?
The rating will follow whichever symptoms present themselves, of course. But the VA Ratings Table for Crohns follows ulcerative colitis at 10%, 30%, 60%, and 100% ratings while the VA Ratings Table for IBS only lists 10% and 30%. Talk to our team as you prepare your case and well help you make sure you apply for the right VA disability.
Read Also: How Much Is The Average Disability Check
Crohns And The Americans With Disabilities Act
The Americans with Disabilities Act protects disabled employees from job discrimination. It applies to businesses with at least 15 workers on the payroll.
Protected employees must meet the ADAs definition of physical or mental disability. It defines disability as a physical or mental impairment that substantially limits one or more major life activities.
Crohns disease is a physical impairment that affects your digestive system. It can negatively affect your ability to consume food and dispose of bodily waste. Symptoms can range from mild abdominal cramping to severe, life threatening infections.
As a result, it meets the ADAs definition of a disability.
Read Also: Does Short Term Disability Get Taxed
Treatment For Crohns Disease Is About Controlling The Symptoms
Treatments generally work to alleviate and manage symptoms during flairs. Treatments vary widely, from medicines and nutritional supplements to special diets and lifestyle changes.
When other treatments are ineffective, people who suffer chronic severe symptoms may undergo surgeries for Crohns disease, including
- small intestine resection
- surgery to widen the small intestine
- total proctocolectomy with ileostomy .
Don’t Miss: Ca Sdi Calculator
The Impact Of Crohns On Your Work Life
Individuals with Crohns understand the fluctuating and unpredictable course of the disease.
Furthermore, the anxiety that they may feel can often trigger additional flare-ups. These flare-ups can weaken their personal health and have a negative effect on their performance in the workplace.
Some people with Crohns may feel driven to secrecy. They may choose not to disclose their disease to their employer for fear of losing their job.
Some people may turn down opportunities for advancement in their respective careers. For example, they may:
- refuse promotions or job offers because theyre not sure they can meet the demands of a new position
- fear that they cant perform these new duties because of their disease
- think the added stress of a new job will lead to worse or more frequent flare-ups
If you have Crohns, it doesnt have to hinder your career, and you dont have to experience discrimination in the workplace.
The first step you need to take is to learn the law.
Understanding the law will not only provide you with a sense of your employee rights, but it can also decrease the amount of stress you feel as a result of your health and your job.
Crohns Disease And Long Term Disability
When filing your long term disability claim for Crohns disease, your insurance company will wonder why you could work one day but not the next. To answer this question, the insurance company will look at the progression of your symptoms.
Because Crohns disease causes a wide range of symptoms, every symptom must be well-documented to demonstrate the progression of your condition. Symptoms vary, but they typically include a combination of physical, cognitive, and psychiatric issues.
Also Check: How To Increase Va Disability From 70 To 100
Crohns Disease And Long
If you have Crohns disease, and it has progressed to the point that you cannot work, it is time to consider long-term disability . Crohns Disease and long-term disability payments will allow you to remain at home while you manage your condition.
It is important to understand that you will not automatically be granted long-term disability when you have Crohns disease. The insurance companies often like to overlook this as a chronic condition. You will have to build a case, and you will most likely need the assistance of a lawyer to help you secure your claim.
Disability For Crohns Disease And Colitis
According to the CDC, around 3 million US residents had been diagnosed with either Crohns disease or ulcerative colitis as of 2015. That number is undoubtedly much higher now.
Crohns disease and colitis are both forms of inflammatory bowel disease. The conditions have no cure and can be debilitating. Many U.S. residents suffering from these diseases ultimately apply for disability for Crohns disease or disability for ulcerative colitis.
Some of those suffering from Crohns/colitis experience symptoms so severe that they cannot work. The Social Security Administration recognizes this category of digestive disorders as being debilitating enough to justify the payment of Social Security Disability Income or Supplemental Security Income benefits.
Don’t Miss: Nexus Letter For Degenerative Disc Disease
During The Recruitment Process
You may be concerned that you will be at a disadvantage if you declare your Crohn’s or Colitis, whether on an application form, CV or at an interview.The Equality Act 2010 makes it unlawful for employers to ask intrusive questions about your health – including previous sickness absence – before making a job offer. This applies to questions on an application form as well as questions asked during an interview.This is to encourage employers to consider whether or not you can do the job rather than ruling you out early on in the process because of your health condition.There are a few exceptions to this. For details of these, see the disability discrimination guidance on the Acas website.
Next Steps For Receiving Disability Benefits
Approximately 3 million Americans suffer from a form of IBD, including Crohns disease. While many people are able to live and work with Crohns disease, others suffer from severe symptoms and complications that limit their ability to work. For these people, SSDI benefits may be available.
At Bross & Frankel, we work collaboratively with our clients who are unable to work due to a disability. We will help you put together the initial documentation to obtain SSDI benefits, and will stand by your side throughout the process until the final resolution of your case. To learn more about how we can help or to schedule a free claim review with a New Jersey disability benefits attorney, contact our office today at , or reach out online.
Speak with an experienced disability lawyer about your claim today.
- Social Security Disability / SSI Claims
- Veterans Disability Compensation & Pension
- Long Term Disability Claims / ERISA Benefits
- Workers Compensation Claims
Also Check: Army Reserves Retirement Pay Calculator
How Can I Qualify Under The Inflammatory Bowel Disease Listing
To meet listing 5.06, you must be diagnosed with inflammatory bowel disease and have documentation of one of the following:
Bowel obstruction. You must have an obstruction, other than just adhesions, of narrowed areas in the small intestine or colon, with dilation and swelling. The obstruction must be confirmed by medically acceptable imaging or by surgery and have required hospitalization or surgery to compress the intestines. The obstruction must have occurred at least twice, 60 days apart, within the same 6-month period.
Other qualifying complications. You must have two of the following symptoms, despite adhering to your prescribed treatments. The two complications must happen within the same 6-month period.
Even if your Crohn’s disease does not meet listing 5.06, you may still be found disabled under listing 5.08, weight loss due to digestive disorder.
How To Apply For Disability Benefits With Crohns Disease
No matter how you may qualify for benefits, whether through an RFC or a standard, Blue Book listing, your application needs backup documentation or support. This requires giving the SSA access to your medical records, so youll need the names and contact information for all your healthcare providers, including your primary doctor but also your IBD specialists and any hospitals or other treatment facilities at which youve received attention.
Although the specific tests, treatment records, and other documentation the SSA requires will vary based on your symptoms and your unique situation, a Crohns disability application must typically have the following records present in order to be approved:
- Colonoscopy results, documenting the presence of inflammation, adhesions, or other physical abnormalities or changes in your bowels
- Blood work and other lab results, showing kidney, liver, and blood count values
- Treatment records, including medications, surgical procedures, and other symptom management techniques used and their affects
- Operative notes from any surgical procedures youve undergone
- Physical exam notes from your doctor, documenting symptom type, frequency, and duration
This process can be quite complicated, but you can get help. You can get a free evaluation regarding your Social Security disability case by filling out this form. Arm yourself with as much information as possible to improve your chances of winning your case.
You May Like: How Much Is Disability In Ca