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.
Basic Eligibility For Benefits
The SSA must see that you meet basic eligibility requirements before further reviewing your application for benefits. This basic eligibility includes having:
- A formal diagnosis of a potentially disabling condition
- A diagnosed condition that will disable you for 12 months of longer
After the SSA confirms that you meet basic eligibility, they will then move on to review your medical condition in detail and verify that you meet all program requirements for SSDI and/or SSI.
Applying For Disability Benefits Can Be A Challenging Process
According to the SSA, many applicants for disability benefits have had their initial application denied for various reasons, including:
- Technical problems with an application
- Disqualification based on medical information
Between 2001 and 2010, the SSA approved only about 45 percent of disability claims. This suggests that applying for disability benefits is not a straightforward process for many applicants. SSDI or SSI application errors are possible, if not likely.
You have the right to seek help from a third party to help you with applying for Social Security Disability benefits. Farmer & Morris Law, PLLC, can review your application, saving you time and helping you avoid errors that could delay your claim.
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Obtaining Social Security Disability Benefits When You Have Multiple Sclerosis
If you have multiple sclerosis , you may have experienced severe symptoms that interfere with your ability to work. The Social Security Administration recognizes that MS is a potentially disabling condition that could qualify you for Social Security disability benefits. If you have MS and want to apply for Social Security in White Plains or elsewhere in the metropolitan New York area, the Hermann Law Group can help.
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.
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We Will Make Sure Your Disability Benefits Application Is Error
If you hire one of our attorneys for tasks related to your SSDI or SSI application, we will ensure your application is accurate and manage the appeals process as necessary. At our firm, we handle all aspects of your claim, from filing your claim to the appeals process, so that you can focus on your health and well-being.
We will help you understand the SSAs designated conditions and related medical requirements and your status regarding those. If you need further medical evaluation to establish your disability, we can advise you if that is the case.
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How We Have Helped Our Clients Obtain Their Disability Benefits
At Farmer & Morris Law, PLLC, we are relentless when it comes to getting our clients what they need and deserve. Here are a few examples of what our Social Security Disability clients have to say about our work and dedication:
Andrea stuck with me to the end. I could always get through to her. Her staff was great and would always get right back with me. I wasnt just a file in a cabinet and I was treated as if I was the only client. Lavonda
Andrea Farmer was very professional and was very instrumental in helping me get my social security disability and helping me draw up my power of attorney and will. I would strongly recommend her for any legal issues I would have. Douglas
Andreas service was excellent. She jumped on it immediately and didnt hesitate. She updated me on everything, explained everything to me and went over it several times. She did a wonderful, wonderful job. If anyone ever needs an attorney, she is the best! Rated #1! Richard
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How To Automatically Qualify For Disability Benefits
To automatically qualify for disability benefits, you must have a confirmed diagnosis of a medical condition that is included in the Compassionate Allowances program.
A compassionate allowance claim is expedited, which means that the individual can most likely be approved for benefits within a matter of a few weeks rather than wait several months for approval.
Conditions on the Compassionate Allowances list are serious medical conditions that cause ongoing problems, or terminal illnesses that are expected to result in the claimants death.
The list is occasionally updated, and new conditions can be added to the list, so you should check to see if your condition is included.
Somatic Symptom And Related Disorders
Section 12.07s disorders include hypochondria and other psychosomatic disorders where your brain interprets physical sensations as illness, and can actually make your body sick. Proving these disorders is difficult, as many of the sensations the patient experiences are not medically provable and may seem fake. However, the SSA does recognize the disorder and must pay Social Security to patients with real cases of these disorders.
Symptoms include preoccupation with having a physical illness, discomfort, fatigue, and anxiety about your health, as well as physical symptoms that are not faked but have no medical explanation.
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Inability For Gainful Employment
SSAs criteria for a disability determination focuses initially on jobs held within the past but also considers the ability to gain employment in other jobs in consideration of age, skills, and education. This determination requires comprehensive medical documentation of all symptoms and a medical explanation of how those symptoms prevent the ability to perform specific work tasks.
What Happens If The Adult Child Gets Married
If he or she receives benefits as a disabled “adult child,” the benefits generally end if he or she gets married. However, some marriages are considered protected.
The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 to find out if the benefits can continue.
To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.
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When Can You Get Social Security Disability Benefits For A Heart Condition
Getting Social Security disability for a serious heart condition is dependent on having specific symptoms and limitations. By Aaron Hotfelder, J.D., University of Missouri School of Law If you have a severe heart condition that prevents you from performing full-time work, you may be eligible for Social Security disability benefits.
Disability With Other Medical Conditions
Only about 35% of approved disability applications actually meet a listing. You can also prove that your condition equals a listing. This means that your condition is basically the same as a listing in the book although only about 5% of applications are approved this way. The most common approval method is by vocationally proving your disability. This means that your condition or combination of conditions renders you unable to perform a vocation or job of any kind. You will look to the medical records as well as a vocational expert to conduct a disability evaluation to prove your case meets the Social Security disability criteria. This accounts for about half of Social Security disability approvals.
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What Conditions Automatically Qualify You For Disability Benefits
The Social Security Administration may approve your disability benefit application faster if it is on a list of conditions that automatically qualify you for a disability benefit. These medical conditions include the following list:
- blood disorders, for example hemophilia or sickle cell disease
- cardiovascular conditions, for example coronary artery disease or chronic heart failure or
- digestive tract problems, e.g. inflammatory bowel disease or liver disease
- immune system disorders, for example kidney disease, lupus, HIV/AIDS or rheumatoid arthritis
- mental disorders, e.g. anxiety, autism, depression, intellectual disability or schizophrenia
- musculoskeletal problems, such as back conditions and other dysfunctions of the joints and bones
- neurological disorders, for example cerebral palsy, epilepsy, multiple sclerosis and Parkinsons diseas
- respiratory illnesses, for example cystic fibrosis or asthma
- senses and speech issues, e.g. hearing loss or loss of vision.
Unfortunately, although the SSA maintains this list of disabilities that automatically qualify for a benefit, your disability benefit application must still be accompanied by medical evidence showing when the condition developed, how and when it was treated and current medical records showing the prognosis and any treatment including x-rays, tests and scans that are relevant to the disability.
How Does Social Security Evaluate Ibd
Like any other impairment, IBD may be severe enough to qualify you for benefits if it prevents you from substantial gainful activity for at least 12 months.
Some characteristics of IBD that are severe enough to qualify for disability benefits include the following symptoms occurring within specified time periods:
- You have obstructions in the small or large intestines that have required hospitalization or surgery.
- Your IBD has resulted in anemia or serum albumin of 3.0 g/dL or less.
- You have a tender abdominal mass with pain or cramping that is not controlled by prescription medication.
- You have perineal disease with draining abscesses or fistulas causing severe pain.
- You have experienced involuntary weight loss due to IBD.
- You need to supplement your nutrition daily because of your IBD.
Even of you dont have these characteristics, you may still qualify if you can prove with acceptable evidence that you are unable to work. Nearly everyone with IBD experiences severe symptoms at least once in their lifetimes. Because there is no cure, the disease has the potential to affect all areas of your life. Symptoms like severe pain and frequent diarrhea can prevent you from working at least 40 hours per week. You may be unable to stand for long periods of time, and the fatigue you experience may limit your ability to think clearly and follow directions. These symptoms may be embarrassing and they may put stress on your personal relationships.
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Do Heart Problems Qualify For Disability
If you or someone you know is suffering from a form of heart disease, you may qualify for Social Security Disability benefits. Cardiovascular disease is listed under Section 4 of the Blue Book Listing of Impairments and includes subcategories which list specific conditions the SSA recognizes as potentially disabling.
More Specific Conditions That Could Entitle You To Benefits
It is important to note that every applicant presents individual circumstances that could qualify or disqualify them for benefits. With this in mind, some of the specific conditions the SSA lists under its broader medical categories include:
- Liver disease
- Depressive disorder
- Bipolar disorder
These are just some of the many conditions the SSA lists as potential prerequisites for receiving disability benefits through one or more federal programs. Additional context may be required to determine your eligibility and the number of benefits you could receive if you are eligible. As such, these conditions do not automatically qualify you for disability benefits.
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Are You Likely To Qualify For Social Security Disability
Social Security disability benefits are available for those who qualify due to eligible health conditions. Do you suffer from a health condition that you feel makes you eligible? Review the following four questions to better understand if you qualify for SSD benefits and what steps you need to take next. For more information about your case, call a New York Social Security disability lawyer.
Chronic Fatigue Syndrome Social Security Disability Cases
Everyone gets tired or worn out from time to time, but for some people, fatigue is a debilitating way of life. Chronic Fatigue Syndrome is a medical disorder that causes those who suffer from it to experience what the Centers for Disease Control calls an all-encompassing fatigue, greatly limiting their ability to function from day to day. Other common symptoms include weakness, muscle pain, insomnia and impaired memory and concentration. While there is currently no cure for the disorder, these symptoms can be treated through a combination of cognitive therapy, diet, sleep management and various medications.
A person who is unable to work for a year or more due to Chronic Fatigue Syndrome may be eligible for Social Security Disability benefits. The Social Security Disability lawyers at Hermann Law Group, PLLC have represented hundreds of people suffering from Chronic Fatigue Syndrome, successfully winning their claims for Social Security Disability benefits.
Contact our firm toll free at 877-773-3030 for a consultation at no cost to you. You can also visit our website to give us your information and request that our office contacts you.
Our offices are conveniently located in New Yorks Westchester and Dutchess counties as well as in Hackensack, New Jersey and Danbury, Connecticut. Please call or contact us to set up an appointment.
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What If My Condition Doesnt Automatically Qualify For Disability
If you are unable to work because of a medical condition, but your condition is not on the Compassionate Allowances list, you can still be approved for disability benefits. Your claim may take a little longer to be approved. In general, it takes the average claim several months to make its way through the system and to be approved.
The Social Security Administration uses a medical guide, which is called the Blue Book, to determine eligibility. There are sections for different body systems, and in each section, you will find several medical conditions.
Each condition has specific criteria that must be met for a claim to be approved per that listing. That means you will need supporting medical documentation that verifies the severity of your condition and how it limits you. Some claims advance to the hearing level where an administrative law judge rules on the claim.
Claims not approved via Blue Book listing can be approved through a medical vocational allowance, in which your physician completes a residual functional capacity that details the severity of your medical issues and explains what you can and cannot do.
The Doctor’s Opinion Should Be Based On Medical Records
The SSA will review your medical records to see if there is any inconsistency with the doctor’s medical notes and his opinion of whether you are disabled. For instance, if the doctor opined that you were unable to stand for a majority of the workday, but all of his routine examinations of you were normal, then the SSA might reject the doctor’s medical opinion. Generally, an opinion by a treating doctor will be given strong weight by the SSA if the opinion is supported by the medical evidence in the doctor’s records and other medical records.
If you have questions regarding how to obtain a medical source statement or what should be in it, you should consult with a disability attorney.
|Take our disability quiz to help you determine whether you qualify for benefits.
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What Medical Conditions Qualify For Cpp Disability
Any medical condition can qualify for CPP disability if it prevents you from doing gainful employment. You must also prove that your disability is permanent.
If you suffer from a terminal illness, then CPP disability will fast-track your application.
Following is the offical requirement for CPP disability benefits. Your medical condition must cause a level of disaiblity to meet the following requirement:
Section 42. When a person is deemed disabled For the purposes of this Act,
a person shall be considered to be disabled only if he is determined in the prescribed manner to have a severe and prlonged mental or physical disability, and for the purposes of this paragraph,
a disability is severe only if by reason thereof the person in respect of whom the determination is made is incapable of regularly pursing any substantially gainful employment, and
a disability is prolonged only if it is determined in the prescribed manner that the disability is likely to be long continued and of indefinite duration or is likely to result in death
In common terms, you can only qualify for CPP disability if your medical condition causes permanent disablity that prevents you from regularly doing any employment.