Does Your Injury Qualify As An Automatic 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
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Types Of Disability Policies
There are two types of disability policies.
Short-term policies may pay for up to two years. Most last for a few months to a year.
Long-term policies may pay benefits for a few years or until the disability ends.
Employers who offer coverage may provide short-term coverage, long-term coverage, or both.
If you plan to buy your own policy, shop around and ask:
How is disability defined?
How long do benefits last?
How much money will the policy pay?
What Sort Of Medical Evidence Do I Need To Provide
A social security case will often require you to have access to this medical evidence:
All of the evidence should be recent and must cover the entire period of your disability, starting from the first diagnosis.
Further on, the medical records should present that your ailments are serious enough to prevent you from contributing time to any type of standard work-related performance.
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Start Your Search For The Right Disability Policy Today
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Disability Benefits For Veterans
You may be eligible for disability benefits if you’re on disability from your service in the Canadian Armed Forces or Merchant Navy.
You may get social assistance payments from:
- your province or territory
- your First Nation
These payments will depend on your household income, savings and investments.
You may also be eligible for health-related benefits from your province or territory. These benefits may include benefits that help cover the cost of:
- medical aids or devices
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Getting Assistance If Your Claim For A Respiratory Condition Has Been Denied
As claims for respiratory conditions are among the most commonly filed, they are also some of the most commonly denied. If your claim for a respiratory condition has been previously denied, the veterans disability team at Chisholm Chisholm & Kilpatrick LTD may be able to assist you. For more information, as well as a complimentary case review, contact us at 544-9144.
If Your Employer Says They Dont Think You Have A Disability
You should explain why you think you have a disability. You’ll need to explain:
- what impairment you have – if you dont know what the impairment is, explain its effects
- why its long term
- what the substantial adverse effect is – without aids, medication or treatment
Then ask your employer why they disagree.
If your employer disagrees, you can continue with your claim but they might still dispute that you have a disability. If you decide to take legal action, they could challenge the basis of your case by saying you dont meet the definition of having a disability.
The tribunal would decide if you have a disability by considering evidence from both parties. It will listen to what you say, but you might also need to show them medical evidence – like a letter from your GP or consultant.
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Listing Of Impairments For Social Security Disability Benefits
So, what qualifies for disability? The Social Security Administration maintains a list of impairments that are essentially considered automatically disabling. The list is also sometimes called the Blue Book. The book also describes the tests and symptoms that a person must exhibit to meet the requirement for a specific impairment. Here is the complete list of impairments from the Blue Book that are SSDI and SSI disability qualifications for adults.
Benefits For A Disabled Child
A child under age 18 may be disabled, but we don’t need to consider the child’s disability when deciding if he or she qualifies for benefits as a dependent. The child’s benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school or is disabled.
Children who were receiving benefits as a minor child on a parents Social Security record may be eligible to continue receiving benefits on that parents record upon reaching age 18 if they are disabled.
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Service Requirements For Presumption Of Exposure
We base eligibility for VA disability compensation benefits, in part, on whether you served in a location that exposed you to Agent Orange. We call this having a presumption of exposure.
You have a presumption of exposure if you meet at least one of the service requirements listed below.
Between January 9, 1962, and May 7, 1975, you must have served for any length of time in at least one of these locations:
- In the Republic of Vietnam, or
- Aboard a U.S. military vessel that operated in the inland waterways of Vietnam, or
- On a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia, or
- On regular perimeter duty on the fenced-in perimeters of a U.S. Army installation in Thailand or a Royal Thai Air Force base. These bases include U-Tapao, Ubon, Nakhon Phanom, Udorn, Takhli, Korat, or Don Muang.
Or at least one of these must be true. You:
- Served in or near the Korean DMZ for any length of time between September 1, 1967, and August 31, 1971, or
- Served on active duty in a regular Air Force unit location where a C-123 aircraft with traces of Agent Orange was assigned, and had repeated contact with this aircraft due to your flight, ground, or medical duties, or
- Were involved in transporting, testing, storing, or other uses of Agent Orange during your military service, or
- Were assigned as a Reservist to certain flight, ground, or medical crew duties at one of the below locations.
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:
- 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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Can You Do Any Other Type Of Work
If you cant do the work you did in the past, we look to see if there is other work you could do despite your medical impairment.
We consider your medical conditions, age, education, past work experience, and any transferable skills you may have. If you cant do other work, well decide you are disabled. If you can do other work, well decide that you dont have a qualifying disability and your claim will be denied.
Even If You Believe That Your Condition Constitutes A Disability You Can Still Be Turned Down If It Doesnt Meet Federal Standards
In some cases, an applicant may actually be eligible for disability benefits but is denied because the application does not contain information that accurately specifies how the impairment or medical condition limits their ability to work. Additionally, how well an applicants medical conditions or impairments are correctly presented could determine whether or not a person is considered disabled for the purpose of receiving disability benefits. Even if the applicant has a medical condition or impairment that is considered a disability according to the Social Security Administrations standards, the applicant may not eligible due to a lack of work history and work credits.
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What Kind Of Medical Evidence Do I Need
You must undergo a spirometry test. A spirometry test will measure how much air you breathe in and out and at what rate you breathe. Specifically, the spirometry test must measure how much air you can force out in one second .
To qualify for disability based on asthma rather than chronic asthmatic bronchitis, you will also need to provide the SSA with at least 12 consecutive months of medical records that show how often and for how long you were hospitalized because of your asthma, what treatment you received for your asthma, and whether you were following your doctors treatment for prevention of asthma attacks. It is important to provide the names and addresses of every hospital, clinic, and ER facility where you received breathing treatments, the names and dosages of all medications, and your records from your treating physician.
|Take our disability quiz to help you determine whether you qualify for benefits.|
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If You Take Medication Or Have Treatment For Your Disability
The legal test is that you should look at the impact of your impairment without any medication or treatment. Treatment includes things like counselling as well as medication. For example if you have arthritis and use a walking stick, think about how hard it would be for you to walk without it.
If you have a sight impairment which can be cured by wearing glasses or contact lenses, youll need to think about how your day-to-day activities are affected when youre wearing them.
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How Do I Prove That I Automatically Qualify For Disability Benefits
While there are certain benefits that may qualify you for disability benefits automatically, the Social Security Administration doesnt just rubber-stamp the approval. You will be required to provide extensive medical records that show that your condition will qualify you. Even so, the insurance company could still make the argument that you are ineligible for benefits. The adjuster may look at selective medical records in an attempt to show that you should not be eligible for benefits. This could mean that you are initially denied, but need to prove your condition and need for benefits through an appeals process.
However, it is possible to get approved for disability if it is decided that your condition is limiting enough to keep you from working. This is where finding the right specialist that understands your full condition can be critical. A benefits attorney can help with this process.
In addition, even when you are approved, you may need to provide regular updates to the insurance company and Social Security Administration. Depending on your condition and what you were approved for, there is monitoring to see if you are able to improve to the point of being able to rejoin the workforce.
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What Medical Conditions Automatically Qualify For Disability
If youve been diagnosed with a medical condition that prohibits you from working, you may be eligible to receive long-term disability benefits.
Medical conditions that prohibit an individual from performing the regular duties of their job for an extended period of time may make them eligible to receive long-term disability benefits. However, automatic approvals from insurance providers are unlikely. In order to begin receiving benefits payments for long-term disabilities, claimants may be required to submit thorough medical proof, and exhaust other compensatory options available to them.
That said, certain medical diagnoses often allow eligible claimants to claim long-term disability benefits. Some of these conditions include:
- Depression or bipolar mood disorder
- Migraines or headaches
- Lupus or other autoimmune disorders
- And more
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You Refuse To Cooperate
Your medical records are vital to granting your disability. If you refuse to release those records to the SSA, your claim will likely be denied. Similarly, the SSA may need additional information about your impairments, either because your treating doctors medical records are incomplete or because you have no regular treating doctor. In these instances, the SSA will request that you be examined by an SSA doctor, during something called a consultative examination , at government expense. In some cases, the SSA will require you to attend more than one CE. If you refuse to attend or request that the SSA make a determination based on the medical records already in your file, you may be denied disability because of inadequate medical information or failure to attend the CE.
If you cant make it to a scheduled CE because of the time or location, talk to your claim examiner so the DDS can schedule a CE at a time or place that is convenient for you. If you repeatedly fail to show up for a CE, your claim will most likely be denied.
Your Medical Conditions Are Permanent
Permanent has a special legal meaning. A medical condition is permanent if it is fully diagnosed, treated and stabilised.
This means that your condition must be diagnosed by a doctor. You must have had reasonable treatment for your condition and show that your condition is unlikely to change in the next two years, even with treatment.
There are special rules for some conditions:
- If you have a mental health condition, you must have a diagnosis from a psychiatrist or a clinical psychologist
- If you suffer from hearing loss, you must have evidence from an audiologist or an ear, nose and throat specialist
- If you have a visual impairment you must have evidence from an ophthalmologist
- If you have an intellectual disability you must have an assessment of your IQ and adaptive behaviour.
If your condition has only just been diagnosed, or if you only just started treatment, Centrelink will probably say that your condition is not permanent even if you are very sick. It might be better to wait until you have had treatment before you lodge a claim for DSP.
Sam takes pain killers but hasnt had any other treatment. His doctor says that physiotherapy will probably help.
Physiotherapy is a reasonable treatment, so unless Sam completes the physiotherapy, Centrelink will probably say that his back injury is not fully treated.
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What Military Records Will I Need To Submit
Youll need to submit your discharge or separation papers that show your time and location of service. These may include your DD214 or other separation documents.
For certain claims, you may also need more supporting documents.
Submit documents that show you had regular perimeter security duty. These may include your:
- Daily work logs
- Performance evaluation reports
- Job records
Submit one or more of these forms:
- USAF Form 2096
- USAF Form 5
- USAF Form 781
To learn more, download our:
The Ssa Cannot Find You
The SSA and Disability Determination Services the agency that determines your medical eligibility for benefitsmust be able to communicate with you regarding your application. If these agencies cannot reach you to schedule examinations or communicate with you about critical matters, your benefits may be denied. If you name a representative to handle your paperwork, you may not need to get in touch with the SSA, but be sure to stay in touch with your representative or attorney. If you move while your application is being considered, make sure the SSA knows how to contact you. Claimants get denied every day because the SSA cannot find them.
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What If Your Medical Condition Is Not On The List
Even if your medical condition isnt on the Listing of Impairments, you may still qualify for SSDI or SSI if certain criteria are met. First, the medical condition must be a medically determinable impairment. A medically determinable impairment is a medical condition that has been the subject of clinical and laboratory testing. In other words, your medical condition must be supported by clinical reports.
Next, the medical condition must limit your residual functional capacity . RFC is determined by looking at the most demanding activity you can still do despite your medical limitations. Based on your residual functional capacity, a disability claims examiner will determine your exertional level. Exertional levels vary from sedentary work to very heavy work and are based on how much weight you can lift and carry.
The RFC also includes non-exertional limitations, like the ability to climb or bend down, the use of hands, the capacity to cope with anxiety or depression, and any environmental restrictions. The disability claims examiner will take your medical history, reports, and residual functional capacity into consideration to determine if your medical condition qualifies for disability benefits.