Wednesday, September 28, 2022

What Conditions Automatically Qualify You For Disability

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If Youre Not Sure If Your Impairment Is Substantial Or Long Term

Can you Automatically Qualify for Social Security Disability Benefits?

Get advice from your doctor or other medical professional. You could ask them to tell you:

  • how long your impairment is likely to last and whether its likely to get worse
  • what would happen if you stopped your medication or other treatment
  • if there are any activities you should avoid

You doctor might also be able to help you prove you have a disability if you need to later on.

You can also try keeping a diary for a while – write down what you do, what you find difficult and why. This might make it clearer how much your impairment is affecting your normal day-to-day activities. Your friends and family might also be able to help you think of ways youre affected.

What You Need To Apply For A Blue Badge

You will need to provide:

  • proof of identity
  • a recent head and shoulders digital photo
  • your national insurance number
  • contact details

To prove your identity, you can provide a copy of either:

  • birth or adoption certificate

To prove your address, you can provide a copy of either:

  • a recent council tax bill
  • a recent letter from a government department such as Department for Work and Pensions
  • driving licence
  • a recent letter from a school

What Conditions Automatically Qualify For Social Security Disability Benefits

The Social Security Administration publishes a list of debilitating impairments which describes the physical and mental impairments that make applicants automatically eligible for Social Security Disability or Supplemental Security Income benefits. Individuals who are able to meet the medical criteria for one of the listed impairments automatically qualify for benefits and are usually approved during the initial application process.

SSDI and SSI Qualifying Medical Impairments

The following conditions are listed as qualifying impairments in the Social Security Administrations adult blue book:

These are the conditions listed in the SSAs blue book as of 2018. The blue book is updated annually to include new debilitating conditions as the SSA becomes aware of them. The SSA also publishes a childrens blue book, but it is mostly the same as the adult book. The one medical condition that is covered for children under age 18 that is not covered for adults is growth impairment.

What if My Condition Does Not Appear in the SSA Blue Book?

If you have a debilitating condition that does not appear on the SSAs list of qualifying medical impairments, you are not alone. The majority of applicants do not have a qualifying match initially. The good news is that this does not mean you cannot ultimately become approved for SSDI benefits.

Speak with an Experienced Alabama Social Security Disability Attorney

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Sense And Speech Issues

There are quite a few disabilities relating to the senses and speech. Vision and hearing loss are two sense issues that qualify for SSD benefits. Standard hearing tests and word recognition tests can help you show the level of loss youve experienced.

If you are unable to speak, your speech loss likely qualifies within the Blue Book guidelines. The SSA may want to know whether the cause is neurological or physical. If equipment can help you function at a job, you may not qualify for SSD.

Does Your Injury Qualify As An Automatic Disability

What Conditions Automatically Qualify You for Disability ...

As discussed above, some injuries are considered so severe that the SSA always considers them a qualifying impairment for SSD benefits. Below are just a few of the categories and conditions included in the List of Impairments :

  • Autoimmune disorders Lupus, multiple sclerosis or rheumatoid arthritis
  • Musculoskeletal impairments Degenerative disc disease, spinal injuries, herniated disc, ruptured disc, carpal tunnel syndrome and arthritis
  • Neurological disorders Traumatic brain injury, stroke or seizure disorder
  • Respiratory disorders Chronic Obstructive Pulmonary Disease , asthma or emphysema
  • Sensory impairments Hearing loss or vision loss
  • Mental disorders Anxiety, depression, post-traumatic stress disorder ;or autism
  • Endocrine disorders Obesity, diabetes or neuropathy
  • Cardiovascular disorders Heart failure, high blood pressure or coronary artery disease
  • Digestive disorders Crohns disease, liver disease or irritable bowel disorder

Recommended Reading: How Much Does Sdi Pay In California

How A Fairfield County Disability Lawyer Can Help You

It can be difficult to prove that your condition is severe enough to qualify for disability benefits. A qualified Social Security disability lawyer can help you gather the evidence to convince Social Security decision makers that you are unable to work, or that your condition results in marked and severe functional limitations. Your lawyer will obtain medical evidence, statements from friends and family, and any other evidence needed to show that you need disability benefits in order to recover.

To discuss your case with a Fairfield County disability lawyer, call the Hermann Law Group at 877-773-3030.

Filing An External Appeal

An external appeal may be more effective than an internal appeal because it allows a third party, the court system, to interpret your eligibility for benefits.

After gathering evidence to support your fibromyalgia-based disability claim, your lawyer may be able to negotiate an out-of-court settlement with the insurance carrier.

If the insurance carrier refuses to make a settlement, your lawyer may be able to defend your rights in court. The court may award you compensation if it determines the insurance carrier denied you unfairly.

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Check If You Have An Impairment

You have an impairment if your physical or mental abilities are reduced in some way compared to most people. It could be the result of a medical condition – like arthritis in your hands that means you cant grip or carry things as well as other people.

An impairment doesnt have to be a diagnosed medical condition. If youre suffering from stress, you might have mental impairments – like difficulty concentrating – as well as physical impairments such as extreme tiredness and difficulty sleeping. It still has to have a substantial and long-term adverse effect on your ability to carry out day-to-day activities.

Your impairment doesnt have to stop you doing anything, as long as it makes it harder. It might cause you pain, make things take much longer than they should or mean that youre unable to do an activity more than once.

Proving You Have A Disability

Does your medical condition qualify you for Social Security Disability benefits?

The Blue Book is technical and complex, written for interpretation by medical professionals and SSD experts. You will need to obtain substantial medical evidence, as well as supporting physicians. You will also need to submit any information about your medical tests, treatments, medical providers, records, and more.

Trying to prove that your condition meets SSA requirements can be an uphill battle. An experienced disability attorney can help you understand the listing criteria and determine whether you qualify for benefits. We can also help you collect the information you need to present a solid case to the SSA.

Read Also: Can You Get Disability For Sciatica Pain

What Medical Conditions Qualify For Short

To qualify for short-term disability your medical condition must prevent you from doing your regular job duties. You must show how the symptoms or impairments from your medical condition interfere with your ability to perform you job duties.

To do this you will need to have an official list of your job duties. Then you can get your doctor review the list of duties and confirm that you cannot perform the majority of these duties because of your medical condition.

Most short term disaibltiy plans will require you to be continuously disabled for 7 days or so before you can qualify for benefits. This is called a waiting period or elimination period.

Following is an example of typical wording of the disability requirement for a short-term disability plan. Please note this is only an example, the exact wording is different for each plan:

An employee is entitled to payment of a short-term disability benefit if that employee proves that:

  • the employee became totally disabled while covered
  • the total disability has continued beyoned the elimintation period
  • the employee has been following appropriate treatment for the disabling condition

An employee wil be considered totally disabled while the employee is continuously unable due to an illness to do the essentional duties of the employees own occupation in any setting.

Medical Conditions That Automatically Qualify For Ssdi

For adults, medical conditions that automatically qualify you for social security disability compensation include:

  • Musculoskeletal problems, such as back conditions and other dysfunctions of the joints and bones
  • Senses and speech issues, such as vision and hearing loss
  • Respiratory illnesses, such as asthma and cystic fibrosis
  • Cardiovascular conditions, such as chronic heart failure or coronary artery disease
  • Digestive tract problems, such as liver disease and inflammatory bowel disease
  • Neurological disorders, such as multiple sclerosis, cerebral palsy, Parkinsons disease, and epilepsy
  • Blood disorders, such as sickle cell disease or hemophilia
  • Mental disorders, such as depression, anxiety, schizophrenia, autism, or intellectual disability
  • Immune system disorders, such as HIV/AIDS, lupus, rheumatoid arthritis, and kidney disease

Specifically, within some of these categories, conditions that are most common and may qualify you for social security disability benefits automatically include:

Musculoskeletal Issues

  • Sciatica nerve issues that are limiting
  • Parkinsons Disease that has become severly limiting
  • Hearing loss or deafness that greatly affects ability to work
  • Pain related to the face and nerves such as neuralgia

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White Plains Social Security Disability: Concussions Head Injuries And Social Security Disability

Youre 50 years old and have worked steadily for the last 30 years.; You suffered a concussion and a broken leg in a car accident 6 months ago.; Your broken leg and cuts and bruises have healed but you have been unable to go back to work.; You tried going back to work but couldnt focus on task and left after a couple of hours.; Your doctor says that you are dealing with depression that is a result of the concussion that you suffered in the accident. The fact that mental symptoms are continuing long after your other injuries have healed is an indication that you are dealing with an organic mental disorder.; In other words, you are experiencing mental problems caused by the blow to your head during the accident.; Your problems may diminish or get worse.; You may recover completely or the problems may be permanent.

What If My Condition Is Not In The Listings

What Medical Conditions Automatically Qualify for ...

Not every condition that qualifies for disability benefits is listed in the Blue Book or meets the exact definition described in the book. But even if your condition is not listed in the Blue Book, you may still be able to qualify for benefits.

For example, your condition may still be eligible if;it;medically equals the criteria of another listing. This is known as equaling a disability listing. In other words, you must be able to prove that your condition is equivalent to a listed condition. The SSA will allow you to do this in the following situations:

  • Your impairment is listed, but it doesnt meet specific criteria. You can equal the listing if you can show that you have other medical issues that are equal in medical value to the requirements.
  • Your impairment is not listed, but is very similar to one that is listed. You can equal the listing if you can show that your impairment is medically equivalent to the one found in the similar listing.
  • Your impairment is a combination of impairments that each dont necessarily meet an individual listing. You can equal the listing if the combined effect of your condition is equal to similar listings.

Read Also: Is Disability Insurance Tax-deductible For S Corp

Get Help In Order To Automatically Qualify For Disability

You may want to seek the help of a disability attorney if you are looking to file a claim;for Social Security disability. A disability attorney can help you navigate the process of applying for disability benefits through a compassionate allowance in order to help you get your benefits as soon as possible.

Your disability attorney will be able to know what paperwork, tests and other medical evidence you will need in order to prove to the SSA that you will automatically qualify for Social Security disability benefits.

Is Your Disability Found In The List Of Disabling Conditions

The Social Security Administration maintains a list of medical conditions that are so severe they automatically mean that you are disabled . If your condition is not on the list, the Social Security Administration will have to decide if it is of equal severity to a medical condition that is listed. If it is, the Social Security Administration will find that you are disabled.

Read Also: How Do Disability Lawyers Get Paid

To Collect Social Security Disability Benefits Your Condition Must Meet The Legal Definition Of A Disability

By Barbara Kate Repa

Many injuries and illnesses are obviously disabling, such as late stage kidney disease, congestive heart failure, and advanced cancers. There are others, however, such as chronic illnesses that become acute with age, or residual conditions that deteriorate over time, that eventually become disabling even though they were not initially too severe. For example, a worker may have had a previous back injury that is aggravated through the years to the point where work is extremely difficult or impossible. That person may become eligible for disability benefits even though the original illness or injury was not disabling.

Because Social Security disability is a government program, its features include a good number of qualifying rules and regulations. To receive Social Security disability benefits, all three of the following must be true:

  • You must have a physical or mental impairment.
  • The impairment must prevent you from doing any substantial gainful work.
  • The disability must be expected to last, or have lasted, at least 12 months, or it must be expected to result in death.

Check If Your Impairments Long Term

When Does Heart Disease Qualify for Disability Benefits and SSDI?

A long-term effect means something that has affected you or is likely to affect you for at least a year. For example, if you had an operation that will make walking difficult for at least a year, thats long term.

Your impairment will still be considered to be long term if the effects are likely to come and go. These are known as fluctuating or recurring effects.

For example, youve had periods of depression for a few months at a time but then months in between where it doesnt affect you. Each episode of depression lasts less than 12 months, but it can meet the definition of long term if:

  • it has a substantial adverse effect when it happens, and
  • it could well happen again

Your impairment will also still be considered to be long term if its likely to affect you for the rest of your life even if thats going to be less than a year.

The definition of what is long term is in Schedule 1 of the Equality Act 2010.

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Overlapping Issues Or Disorders

Even if you dont think of something as a major ailment or disease, its important to know if the source of your problems qualifies you for any benefits. An issue may be easier to identify or diagnose quickly this way.

For instance- depression may not qualify you without a proper diagnosis, but if your depression stems from the recent diagnosis of another condition, you may have an easier time documenting your claim for benefits.

You may also be able to use past diagnostics if you are hesitant to spend more money on a specialist. That said, you may want to call your doctor first. They may be able to tell you what kind of appointment you need to confirm your ailment.

Neck And Back Injury Social Security Disability Claims

Anyone who has suffered from neck and back injury knows firsthand that these ailments can be both painful and completely debilitating. These injuries often occur as a result of damage to the various ligaments and muscles lining the vertebral column and protecting the spinal cord and, in serious cases, damage to the cord itself or the surrounding nerves. Neck pain, furthermore, can be caused by spinal problems as well muscular tightness in the upper back, joint disruption and pinching of the nerves.

People sustain neck and back injuries in a number of everyday activities, including playing sports or doing housework, as well as in car and other accidents. For example, the term whiplash refers to a range of neck injuries muscle strain, tearing, etc. resulting from sudden distortions of the neck that commonly occur in rear-end crashes

In addition to causing pain, neck and back injuries often greatly limit a persons range of movement. Treatments vary depending on the specific injury, but generally may include medication, icing, bed rest, physical therapy or surgery. Doctors caution that some neck and back injuries can be prevented by maintaining a healthy weight, using the legs to lift objects and using lower-back support when sitting

Our offices are conveniently located in New Yorks Westchester and Dutchess counties as well as in Danbury, Connecticut and Hackensack, New Jersey. Please call or contact us to set up an appointment.

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How Can I Qualify For Disability Benefits If I Have Already Been Diagnosed With Lupus

A definitive diagnosis of lupus does not automatically qualify you for Social Security disability benefits and you will have questions that can only be answered by an experienced New York Social Security lawyer. Because lupus symptoms can be so difficult to clearly identify, the Social Security Administration has developed very specific guidelines for disability qualification.

  • You must be experiencing symptoms that affect at least two of your organs or bodily systems. For example, you may have both kidney inflammation and difficulty breathing .
  • The symptoms for at least one of the affected systems must be of moderate severity or worse.
  • You must have had repeated occurrences or flare-ups that affect your daily activities or your ability to work and carry out tasks in a reasonably efficient manner. A good example of this could be a situation where you have repeatedly left work because migraine headaches limit your ability to concentrate on tasks and be productive.

The attorneys at Hermann Law Group, PLLC have many years of experience advocating for disabled clients and they can answer any questions you have about qualifying for benefits and filing the necessary documentation for your condition.

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