Getting Help From An Attorney
If you or a loved one has been diagnosed with Huntingtons disease and were denied SSDI benefits, you should try again because the benefits may be the only way to maintain your financial independence. Whether you are approved is often determined by the information contained in your application, such as your doctors statement of your medical condition and your work history. Social Security awards disability based on your ability to work regardless of your diagnosis. Your functional limitations must make it impossible to work. Many people find it exhausting to struggle with the symptoms of the disease while trying to deal with the complicated SSDI approval process.
If you have Huntingtons disease, you need the assistance of an experienced Social Security attorney. While there are no guarantees, hiring a SSDI lawyer who understands the process is the best way to ensure that you receive the benefits that you need. Although the majority of applications are rejected during the initial review and first stage of the appeal process, most cases brought to a hearing by competent counsel receive favorable decisions. You should enlist the services of an experienced Social Security lawyer to help you navigate the complex issues associated with applying for SSDI. Our team will ensure that your rights are fully protected throughout the process.
Applying For Ssd Benefits With Huntington Disease
An application for Social Security Disability based on a diagnosis of Huntington disease is automatically entered into the CAL program and reviewed for expedited approval. Though put in the cue for quick review, your application must still meet medical evidence requirements to receive SSD.
Huntingtons disease applications are reviewed by the SSA using the criteria that appears in the Blue Book under Section 11.17. This listing states eligibility requirements for Huntingtons as presenting with:
- Disorganized motor function, in which case your application is then evaluated under Section 11.04B
- Chronic brain syndrome, when requires your application to be evaluated under Section 12.02
As Huntingtons typically presents with both of these requirements, the SSA may use both Section 11.04B and Section 12.02 to evaluate the medical evidence in your application.
While most applications for disability benefits must either meet or closely match the criteria in the applicable Blue Book listings, Huntingtons is a CAL-approved disease. This means that even if your symptoms have not progressed to the point that you meet the listing in any of the applicable sections, you can still be approved for SSD benefits.
The SSA knows the progressive and aggressive nature of Huntington disease. The disease will eventually lead to the symptoms listed in the applicable sections of the Blue Book, even if it has not yet at the time of your disability application.
What Research Is Being Done
A major focus of research on HD is to understand the toxicity of mutant huntingin protein to brain cells and to develop potential drugs for counteracting it. The HD gene discovery, which NINDS-funded research helped to identify, is allowing scientists to recruit individuals who carry the HD gene into clinical studies before they become ill. Researchers hope to understand how the defective gene affects various structures in the brain and the body’s chemistry and metabolism. Some of the clinical symptoms in neurodegenerative diseases may be caused by the ultimate malfunctioning of neuronal circuits. Scientists are using cutting-edge methods such as optogenetics to study such circuit defects in HD. Scientists are also using stem cells to study disease mechanisms and test potential therapeutic drugs.
The NINDS-funded PREDICT-HD study aims to identify biomarkers for HD. A large and related NINDS-supported study aims to identify additional genetic factors in people that influence the course of the disease. Other research hopes to identify variations in the genomes of individuals with HD that may point to new targets for disease intervention and therapy.
Information from the National Library of Medicines MedlinePlus
Information from the National Library of Medicines MedlinePlus
Information from the National Library of Medicines MedlinePlus
Information from the National Library of Medicines MedlinePlus
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Can Huntington’s Disease Qualify For Disability Benefits
Yes. As a general rule, if you’ve been diagnosed with Huntington’s, youll qualify as disabled.
Some quick background: Under government rules, some medical conditions always qualify a patient as disabled. Huntington’s disease is one of them. Since there is no cure, and the condition is fatal, any person with Huntington’s, will qualify for benefits as long as they meet the non-medical criteria above.
Getting Social Security For Huntington Disease
Because HD is a highly aggressive, terminal condition, the SSA added HD to its Compassionate Allowance Program in 2012. This program allows the SSA to make faster decisions on disability claims, so patients who suffer from severe and serious disabilities can get approval and be given financial support within days of their application instead of weeks and months.
If youve been diagnosed with HD, you likely wont go through an extended approval process. However, your application must still meet the SSAs medical requirements. But even if your symptoms don’t meet those listed requirements, your claim may be approved because the SSA understands that this disease is incurable.
When you submit a claim, you need to include important information about your HD, including:
- Your doctors diagnosis
- The reasoning behind this diagnosis
- Records of neurological testing, brain imagining, and genetic testing that your doctor used to make the diagnosis
- Results of neurocognitive testing
- Results of psychiatric and/or psychological testing
- Records that show degeneration as it relates to HD
- Lab test results that show over 40 repeats of CAG in the HD gene
How To Check Eligibility Criteria & Apply For Disability Tax Credit For Huntingtons Disease
To apply for this tax credit Form 2201 entitled Disability Tax Credit Certificate it must be completed by a registered medical practitioner. This tax credit is only available to those who have taxes payable. This form must be completed by a registered medical practitioner. Qualified registered medical practitioners include a medical doctor, physiotherapist, optometrist, psychologist, occupational therapist, speech-language pathologist, and audiologist.
Obtaining Proof Of Diagnosis
In addition to documenting the progression of your symptoms, your insurance company will require objective proof of the diagnosis of Huntingtons disease. These steps will help you obtain the information you need.
- Have a thorough physical exam, typically performed by a neurologist, which tests for involuntary or abnormal body movements.
- Have a psychological evaluation to identify any abnormalities or changes in behavioral or cognitive function. A neuropsychologist is the best medical professional to conduct this exam.
- There are several types of brain imaging which will detect signs of atrophy of the caudate nuclei and other signs of Huntingtons disease. These imaging techniques include magnetic resonance imaging , computerized tomography , functional magnetic resonance imaging , and positron emission tomography scans. By themselves, these tests are not sufficient proof of diagnosis.
- Genetic testing can identify the gene for Huntingtons disease. However, genetic testing does not indicate the time of onset.
Regardless of the severity of your symptoms, the insurance company will require proof of diagnosis to approve your disability claim. It is important for you to follow through with all tests and examinations.
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Huntington’s Disease Rehabilitation & Care Support
Maple Community Services prioritises getting to know you in order to identify and achieve your goals. We help you set a course for greater independence with reliable support. There is no better provider of NDIS services than Maple Community Services for Huntington’s Disease support.
Huntington’s Disease is a serious cause of functional disabilities in Australia, with patients experiencing progressive decline in functions over the course of the illness. If you or your loved one requires prolonged care due to Huntington’s Disease, our Support Specialists are highly skilled and trained to provide the expert assistance you need to live your life to the fullest.
Our extensive experience, capacity for 24/7 support, and strong community spirit set us apart when it comes to Huntington’s Disease support services. Our pervading family values and friendly specialists give you and your loved ones peace of mind and exceptional support to pursue a happy, fulfilling, and independent life.
What Are The Treatments For Huntingtons Disease
Researchers are struggling to find a cure, but currently, the only treatment is for the symptoms of this disease. Doctors frequently prescribe drugs such as tetrabenazine, antipsychotics, antidepressants, and tranquilizers. Patients also need a high degree of physical and speech therapy as well as counseling. You may also need special diets and a supervised exercise regimen. Ultimately, Huntingtons patients will probably need full-time nursing care in a facility.
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Features Of Patients Who Stop Working: Jhu Experience
Thirty-five patients with HD who were followed in the longitudinal cohort study at the Johns Hopkins University Center Without Walls for Huntingtons Disease discontinued gainful employment between annual visits. The 20 women and 15 men had an average of 14.7 years of education . Their average age of clinical onset of HD was 38.1 years , and their average age of retirement or disability was 47.0 years .
Does Huntingtons Disease Qualify Me For Disability Benefits
Huntingtons disease is considered to be such a serious disease resulting in disability that it is included in SSAs list of Compassionate Allowance conditions. This means that a person with Huntingtons should have their case processed and approved more quickly.
Huntingtons disease is also discussed in the Social Security Administrations Blue Book listing of disabling conditions in two different sections. The physical aspects of the disease are discussed in Section 11 under paragraph 11.17 . When an applicant is suffering primarily from mental or cognitive effects of Huntingtons Disease, they may be instead evaluated according to the listing in paragraph 12.02 .
Again, because Huntingtons disease is a Compassionate Allowance condition, it should be processed and awarded more quickly than a typical SSDI case.
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What Are Your Options If Youre Denied Ssd Benefits
If your application for SSD benefits is denied, you can appeal that decision. You should engage the services of a lawyer, if you have not already, and ask for a reconsideration of your original claim. An examiner and medical consultant who were not involved in the original determination will look at your application again and possibly reverse the original decision.
If your benefits are still rejected, you have three more levels of appeal available to you: administrative law judge, appeals council and federal court review. You can be successful at appealing your rejection, but you really need the help of an experienced advocate to do so.
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Huntington’s Disease Disability Insurance Access Act of 2021
This bill expedites payment of Social Security Disability Insurance benefits and eligibility for Medicare coverage for those with Huntington’s disease. This is an inherited disorder that causes brain cells to die, including in areas of the brain that help to control voluntary movement.
Specifically, the bill eliminates the 5-month waiting period for SSDI benefits and the subsequent 24-month waiting period for Medicare coverage for individuals with Huntington’s disease. Under current law, individuals generally must wait five months after the onset of disability to begin receiving SSDI benefits and an additional 24 months to become eligible for Medicare.
Benefits For Adult Onset Huntington Disease
Social Security disability programs such as SSDI, SSI, and Medicare exist so that those with debilitating conditions can continue to have income and medical care when they are deemed to have completely disabling conditions. To qualify for Social Security disability benefits, you must be able to prove that you are disabled to the point that you cannot reasonably be expected to continue in any form of gainful employment.
For most, the claims process takes several months. In some cases, if the initial claim is denied, the process can take longer than a year. The primary reason for the drawn out process is to ensure that those who receive the benefits truly are completely disabled.
The Social Security Administration has long recognized that the length of the disability claims process is problematic, especially for those with terminal or degenerative conditions. Because of this, they began the Compassionate Allowances program in 2008. This program seeks to expedite the process for those whose conditions clearly qualify them as completely disabled.
How The Process Works
The government fears that people will exaggerate their medical problems in order to get free money. So it puts every applicant under a microscope. To win, you have to prove beyond a doubt that your medical condition is severe and disabling.
There are two major stages in the process, and most people will need to go through both:
Initial Application: You submit a lengthy , details on past work and treatment, and copies of your medical records. A government staffer reads your file and makes a decision.
Appeals: If you lose, you appeal your denial and eventually get a hearing with a judge. At the hearing, you get to submit additional evidence, speak to the judge directly, and cross-examine government experts.
Unfortunately, the process takes time: 3-6 months to get an initial decision, and 1-2 years to get a hearing. Even a small mistake or omission can doom an application. The good news is that once you win even if it takes a long time and several appeals you get back pay for the time you should have been getting benefits.
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Disability Benefits In Canada For Huntingtons Disease
Huntingtons Disease is a brain condition caused by a faulty gene that initiates nerve cell damage, as well as a gradual deterioration and functional loss of various parts of the brain. The disease affects women and men equally, as well as a small proportion of children.
Huntingtons disease symptoms can be serious movement problems, feeding problems, and communication issues are all common symptoms. Diagnosis of Huntingtons is seen through both behavioural and psychiatric symptoms, including a lack of emotion, and alternating periods of aggression or antisocial behavior.
There is currently no cure for the spread or containment of Huntingtons disease, though some medications and therapies are known to control Huntingtons disease symptoms. Anti-depressants, sleeping tablets, and nerve relaxants to help control involuntary movements are the most widely used medications for the diseases control.
This physical and mental disability, when left untreated, can rob a person of their independence as their ability to perform basic day-to-day tasks, like feeding and moving freely, are compromised. A person with Huntingtons may become solely dependent on family or extra outside care to assist with the fundamental aspects of living.
I Want To Apply What Should I Do Next
Atticus exists to help to people navigating this process so the easiest thing to do is get free advice tailored to your situation via our online tools or caring staff.
Applying for disability takes preparation. You can win, but this system doesnt make it easy. So its worth taking some time to understand how things work.
The first step is to make a choice: Do you want to Apply on your own, or Get a professional to handle the process for you? Most successful applicants hire a professional. But not everyone needs to, and not everyone who wants to can. Well explain both paths and help you decide.
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How Does The Disability Tax Credit Work
Due to its impact on a persons ability to perform everyday activities, Huntingtons disease is classified as a disability by the Canadian government. As such, to help offset the costs of extra care or treatments, the Canada Revenue Agency provides disability tax benefits like the Canadian Disability Tax Credit for families combatting the condition.
Despite being available to many eligible Canadians, unclaimed disability tax credits are surprisingly common. The DTC application process is notoriously complex, pushing people away from even submitting their T2201 form.
Do I Qualify For Disability Insurance Benefits If I Have Huntingtons Disease
Huntingtons disease causes a breakdown or degeneration of the nerve cells that has a devastating impact on the persons ability to move and think. Most people with Huntingtons, a genetic disease, develop symptoms in their 30s or 40s.
Disability insurance companies dont always make it easy for policyholders who have Huntingtons disease to get the disability benefits they deserve.
How Do Disability Carriers View Huntingtons DiseaseDisability Claims?
Disability carriers often say the pre-existing condition clause in your policy excludes coverage, or that benefits are limited under the subjective limitation and/or mental/nervous clauses. Cognitive impairments and psychiatric disorders can be among the most disabling symptoms, but they are subjective complaints or mental conditions. Carriers routinely dispute them.
It is not uncommon for you to have had Huntingtons disease for years and not been disabled. You will have to overcome the carriers argument that you have been working with these problems for years and nothing has changed. It is crucial that your medical records develop the progression of your symptoms.
Carriers also may argue that your problem is really psychiatric.
As a result, many disability claims for Huntingtons disease are denied. And carriers have still more reasons to deny claims. The disability insurance company will say:
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Facts About Social Security Disability For Huntingtons Disease
If someone finds that they have Huntingtons disease then they have a genetic brain disorder. Its among several brain disorders that a person might potentially have and this particular one usually results in reduced coordination, certain psychiatric issues, and a decline in cognition. For most people, the symptoms related to this disease will start showing itself in their middle age. Here well take a look at the process for getting Social Security disability for Huntingtons disease.