Facts About Kidney Failure And Filing For Disability
Facts about the conditionQualifying for disability benefits with this condition
Why are so many disability cases lost at the disability application and reconsideration appeal levels?obtained and submittedMost popular topics on SSDRC.com
Qualifying For Disability Benefits For Kidney Failure In Arkansas
If you are suffering from kidney failure or kidney disease, you may be eligible for disability benefits. There are two types of disability benefits that a person can apply for in Arkansas: Supplemental Security Income and Social Security Disability Insurance .
SSI are payments that aid disabled adults and minors that are unemployed or that have a limited income. To qualify for SSI payments, the applicant must meet the following requirements:
- Be at least age 65 or be blind or be disabled
- Must have limited income and resources with no way to support themselves
- Must be a U.S. citizen, national of the U.S., or an alien under certain circumstances
Additionally, an applicant for SSI cannot own more than $2,000 in assets. However, this does not include owning a home or a vehicle.
To qualify for SSDI, you must have a severe impairment that is recognized by the SSA, as mentioned earlier.
Renal Failure Symptoms And Complications
Symptoms of renal failure vary from case to case. There are also differences depending on whether the condition is chronic, meaning it builds over time, or it is acute, meaning it comes on very suddenly. Chronic kidney disease disability is harder to identify in its early stages because you may experience no symptoms until your kidney functionality has dropped below 20 percent. Some of the symptoms to look out for include:
- Seizures or coma
- Yellow-brown skin color
There are many complications that can arise as a result of renal failure. Because kidney failure can cause fluid buildup, you may experience fluid in the lungs, which causes shortness of breath. There is also the risk of the lining of your heart becoming inflamed, which typically leads to chest pain. Some patients feel weakness in their muscles because the bodys fluids are out of balance. In severe cases, renal failure can lead to permanent kidney damage or even death.
From looking at this list of symptoms, you can also see how Renal Failure could be misdiagnosed. If you have any of these symptoms, seek medical care as soon as possible and worry about your VA disability benefits later. Even ask your doctor about connecting these symptoms to your time in service.
The Nexus Letter is like the missing link to a successful VA disability compensation claim. In this video, one of our veterans disability lawyers explains the importance of the Nexus Letter.
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Diagnosis Of Kidney Failure
A number of tests can be used to measure kidney function. If CKD is found, tests may be used to determine:
- the cause of the kidney damage
- the amount of kidney damage
- treatment options.
- blood tests to establish the estimated glomerular filtration rate , which measures how well the kidneys filter wastes from the blood
- urine tests for albumin, blood, glucose and red or white blood cells
- a blood pressure check
- ultrasound, computed tomography , x-ray and other imaging techniques to take pictures of your kidneys
- a kidney biopsy, where a needle is used to remove a small piece of kidney tissue for examination under a microscope.
Starting A Disability Claim
The Social Security Administration provides two different programs for those seeking disability benefits. Under the Supplemental Security Income program, the SSA looks mainly at the severity of the disability and the financial neediness of the applicant. Under the Social Security disability insurance program, the SSA looks at the severity of the disability and whether the individual has paid enough taxes in to the Social Security system.
Social Security claimants with kidney failure requiring dialysis or a kidney transplant may be entitled to a quicker disability determination process. Call the SSA at 800-772-1213 to set up an appointment to apply for disability, or, if you’re applying for SSDI , go online to www.ssa.gov.
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Medically Qualifying Through An Rfc Analysis
The Social Security Administration utilizes a comprehensive set of medical guidelines, commonly referred to as the Blue Book, to determine whether a case qualifies for disability benefits.
In some cases, the SSA will rule that even though you have a condition like kidney disease, the disease will not prevent you from doing work and if you are capable of working then you are not qualified to receive disability benefits.
However, your condition could still prevent you from working and so the SSA will request that you will out a residual function capacity form . The RFC form helps to determine how much work you are capable of performing given your condition.
Your doctor will be the one to fill out and submit the RFC form, which allows the SSA to trust that the information provided is accurate.
Since your doctor is likely the one who diagnosed your condition and is responsible for your treatment, your doctor knows how much you are capable of doing and what you cannot do, in addition to how you are responding to treatment and any side effects you might be encountering.
This is all very valuable information because it paints a picture of your unique situation and your actual abilities and limitations, which is something that the Blue Book cannot do.
The RFC form will allow you and your doctor to outline your treatment plan and how the treatment for your kidney disease might make it difficult for you to keep up with the demands of your job.
Can You Get Disability For Kidney Disease
You can get disability for kidney disease. In order to get approved for disability with kidney disease, you need to meet the criteria established by the SSA for that condition.
The first thing you need in order to qualify for disability with kidney disease is to have earned enough work credits. SSDI benefits are for those who at one point could work, but now can no longer because of a disability like kidney disease.
To qualify for Social Security disability benefits, you must first have worked in jobs covered by Social Security. If you have worked in those jobs, you will have earned work credits. Work credits are calculated by your age and how long you have worked. You can earn up to four work credits per year that you have worked.
In order to get disability for kidney disease, you need to meet the medical requirements outlined in the SSAs Blue Book. The Blue Book is the list of conditions that qualify for disability.
There are multiple listings where kidney disease qualifies, such as chronic kidney disease. If you meet the medical requirements needed to meet one of the Blue Book listings and you will be out of work for at least 12 months, you may be able to qualify for disability with kidney disease.
Medical evidence the key to getting approved for disability with kidney disease, if you have all of your paperwork in order, it will improve your chances. The Blue Book will tell you what paperwork you need in order to get disability for kidney disease.
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Facts About Renal Failure And Filing For Disability
Facts about the conditionQualifying for disability benefits with this condition
Why are so many disability cases lost at the disability application and reconsideration appeal levels?obtained and submittedMost popular topics on SSDRC.com
Have Questions About Va Disability Benefits For Kidney Disease
The VAs schedule for rating disabilities can be complicated. If the VA denies your claim for benefits or awards fewer benefits than you expected, the legal team at Hill & Ponton can help. Our veterans disability attorneys can evaluate your entitlement for benefits, so you can earn the support you deserve. Contact us today to get started.
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Cost Of Disability Claims In Those With Advanced Kidney Failure
Overall, we estimate that Canadians with advanced kidney failure are receiving disability benefit payments of at least Can$217 million annually. Because more people with ESRD are off work, disability payments for those on dialysis exceed payments to those with eGFR < 30 mL/min/m2 who are not yet receiving dialysis . We estimate that the total paid by Canada Pension Plan disability insurance is Can$76.8 million, with private insurance plans paying the remainder .
As there is uncertainty with respect to the proportion of Canadians with advanced kidney failure who are off work due to disability, and the proportion of those who are off work who would meet the definition of severe and prolonged disability , we conducted a series of scenario analyses . We identified that if people with advanced kidney failure were more likely to be off work , that disability payments would increase by Can$26 million, whereas a 10% increase in the proportion of individuals with advanced kidney failure on dialysis receiving disability payments would increase disability payments by Can$17 million. A reduction in the proportion of patients meeting the definition of a severe and prolonged disabilitya key uncertainty in our analysiswould lower Canada Pension Plan disability costs by Can$9 million and raise private disability payments by Can$5 million .
Do I Qualify For Disability Insurance Benefits If I Have Kidney Disease
The kidneys cleanse your blood by removing waste and excess fluid, they maintain the balance of salt and minerals in your blood, and they regulate your blood pressure.
Kidney damage and disease can result in swelling in your ankles, vomiting, weakness and shortness of breath. As the disease progresses there is damage to your central nervous and immune system that makes it difficult, if not impossible, to work.
More than 13% of Americans have kidney disease. But disability insurance companies dont always make it easy for policyholders who have kidney disease to get the disability benefits they deserve.
The Most Common Reasons Kidney Disease Disability Claims Are Denied
A common argument disability carriers make is that coverage under the policy is excluded because of the pre-existing condition clause, or that benefits are limited under the subjective limitation clause. Nausea, muscle cramping, and fatigue are the most disabling symptoms, but they are subjective complaints. Carriers routinely dispute them.
It is not uncommon for policyholders to have had kidney damage and 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.
Chronic Kidney Disease and Disability
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Should I Work With An Experienced Disability Insurance Lawyer
Filing a short-term or long-term disability insurance claim requires attention to detail as well as extensive legal and medical knowledge. If youre struggling with profound fatigue, the side effects of your treatment protocols, or an overwhelming dialysis program, it may be impossible to pursue long-term disability benefits on your own. When you hire a disability lawyer, they will take on this burden and let you focus on your health.
At Bryant Legal Group, we understand the complexities of renal disease claims. We help our clients explain and document their CKD-related issues long before they require hemodialysis or peritoneal dialysis.
If youre considering your long-term disability options, we can help you build a plan. Our team helps people navigate their kidney disease-related insurance claims, ensuring that they meet strict filing deadlines, build strong evidentiary records, and dont get taken advantage of by unscrupulous insurance companies.
Can People Over 60 Use This
The program is harmless for people over 60 years old.
The program was created for men and women who have chronic kidney ailments or people at risk of developing one. The creators know that the chances of diseases increase as you get older, especially when you reach 60. So from the start, they know people in that group will probably use it.
Everything in the program has been carefully researched and selected to ensure the best results for people over 60.
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What Are Social Security Disability Benefits
The SSA offers two forms of benefits for people with disabilities. The medical criteria that must be met for you to be deemed eligible for disability benefits are the same for both programs. The technical requirements, however, differ between the two.
The first type of benefit, Social Security Disability Insurance , has eligibility criteria that are based on your previous work history. To be eligible for SSDI, you must have worked recently and for a long enough time at a job that required you to pay Social Security taxes. This is because SSDI is funded by taxpayers dollars, so only those who contribute to the system may receive benefits. The SSA calculates the amount you may receive each month by averaging your previous incomes. The average payment for SSDI recipients is $1,100 per month, with a maximum of about $2,600.
The second type of benefit, Supplementary Security Income , is needs-based. It is only available to people who have very limited income and resources. To be eligible, an individual may earn up to $733 per month and have assets valued up to $2,000. A couple may earn up to $1,100 per month and have assets valued up to $3,000. Applicable assets include cash, stocks and life insurance, but do NOT include one primary home and one vehicle.
Can I Get Medicare If I Have Advanced Kidney Disease
En español | Permanent kidney failure is a condition known as end-stage renal disease in Medicare. It means that your kidneys have stopped working properly and you need either regular dialysis to keep them functioning or a kidney transplant. In this situation, the usual two-year waiting period for Medicare is waived. But you still have to meet conditions for eligibility:
- You must be fully insured that is, have earned 40 credits on your own work record to qualify for Social Security or Railroad Retirement benefits or have worked as a government employee who qualified for Medicare through payroll taxes even if youre not eligible for retirement benefits or
- You can qualify as the spouse or the dependent child of a person who is fully insured.
The rules for when Medicare coverage starts depend on what kind of care you need and whether you also have coverage under an employer plan. If you receive Medicare on the basis of having ESRD only, the coverage continues until 12 months after you stop dialysis treatments, or 36 months after youve had a kidney transplant and no longer need dialysis. But if you need to resume dialysis or have another transplant, Medicare coverage begins again without a waiting period.
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How Did It Begin
This all began when Fionas grandmother was diagnosed with stage-4 renal disease. Rather than have her grandmother undergo dialysis, Fiona and Duncan looked for another solution. After analyzing several peer-reviewed journals and other medical literature, they jumped to medical trials. Fionas grandma went through this all-natural program. In just 12 weeks, her condition improved significantly.
Within six months during her treatment, she transferred from stage-4 to stage-1. Fionas grandmother lived on for ten more years before dying of heart failure in 2017.
The Kidney Disease Solution has treated more than 25,000 people globally since 2008.
Medical Evidence To Support A Claim For Kidney Failure
To have a successful disability claim for kidney failure, you will need to provide supporting documentation. As with any disability claim, hard medical evidence is a necessity for a disability claim based on kidney failure.
Your claim will be reviewed under the listing for genitourinary impairments. These listings indicate a disability claim will be approved if you can show that any of the following apply:
- There is a need for regular kidney dialysis.
- There has been a kidney transplant.
- There is reduced glomerular filtration combined with symptoms of kidney damage.
- You suffer from nephrotic syndrome, OR
- There are serious complications of kidney disease.
Listings 6.03, 6.04, and 6.05 grant disability benefits automatically for poor kidney functioning caused by any chronic disease just so long as one of the following are present:
- Kidney transplantation
- Ongoing peritoneal dialysis dialyzing solution being put into and removed from the peritoneal cavity intermittently or continuously
- Ongoing hemodialysis removes toxins from the blood via artificial kidney machine OR
- Reduced glomerular filtration
You can prove reduced glomerular filtration by providing test results that reveal low creatinine clearance levels, persistently high levels of serum creatinine, or a low estimated glomerular filtration rate .
Listing 6.06 for nephrotic syndrome covers a group of kidney diseases that are apparent because of excess protein in the urine and edema of differing levels.
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Complications Of Chronic Kidney Disease
If you have kidney disease but don’t meet one of the listings above, you can still get disability benefits if you’ve experienced serious complications over the last year. For example, some individuals with kidney disease suffer from congestive heart failure, stroke, hypertensive crisis, or acute kidney failure requiring hemodialysis. If you were hospitalized at least three times for such complications within one year, you can qualify under this listing .
Appealing A Va Disability Benefits Denial Or An Undervalued Rating
If your claim is denied or you feel that you were undervalued on your renal failure VA disability rating, you can and should appeal the decision. It is very common for initial VA claims to be denied for any number of reasons. Examples of frequent reasons for denial include paperwork errors or a decision that the condition isnt severe enough to prevent you from working. If your claim has been denied in the past 12 months, you are eligible to appeal. We can help you through this process.
We will review your VA disability rating decision letter free of charge and give you an honest evaluation of your claim. In some cases, we do not advise that you appeal the decision because we can see from the information provided that the denial decision is correct. However, there are often steps we can take to help improve your claim and increase your benefits.
Those who choose to work on their appeals independently often find the process takes years. Thats time you arent receiving benefits, which means significant financial pressure. Working with a VA disability attorney speeds up this process because it makes it more likely that your claim will be correct on the first try.
In this video, one of our VA disability lawyers talks about the benefits available to Veterans with 100% disability ratings.
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