James Miller

Disability for Dementia

James Miller — Sat, 13 Nov 2021 17:06:49 +0000

How to Gain Disability Benefits for Dementia?

What is dementia and how does it affect people? This is the question that might be lingering in your mind. The people affected by dementia decline in concentration, memory, learning, and understanding of language. These people are often eligible for getting disability benefits if they meet the requirements set by the Social Security Administration. Let’s shed some more light on dementia and whether it is a disability or not.

Is Dementia a Disability?

Dementia is usually a progressive decline in an individual’s day-to-day functioning. Dementia affects an individual’s memory, judgment skills, language capabilities, and personality. There is an array of medical conditions which can lead to dementia. Some of the most generic conditions are head injuries, suffering from a stroke, and Alzheimer’s disease.

However, dementia is most commonly found in elderly people, but dementia symptoms can happen to a person of any age. To be sure that you have dementia or not, you must consult your doctor. Don’t be hesitant to know more about dementia.

Are you suffering from dementia for 12 months or more? Is dementia preventing you from working for over a year? If yes, then you are likely qualified for getting Social Security Disability Insurance (SSD/SSDI) benefits or Supplemental Security Income (SSI) benefits.

If a person is deprived of his retirement benefits owing to dementia, then he or she can apply for SSDI benefits. If you reach your full retirement age i.e., 65, 66, or 67 years of age, you should know that your SSDI advantages will be automatically transformed to retirement benefits.

Dementia Disability Benefits

The Social Security Administration (SSA) has added dementia disability to the list of the conditions that an individual goes through under its initiative named Compassionate Allowances (CAL). This initiative is an attempt to give all the individuals experiencing dementia access to Social Security Disability Insurance (SSDI) along with Supplemental Security Income (SSI).

Are you curious to know when you can apply for Social Security Disability Insurance (SSDI)? Let’s tell you. Social Security Disability Insurance (SSDI) is paid to the individual experiencing dementia and to family members if the person is insured, which means that you worked for quite a long time and you paid all your Social Security taxes regularly. SSDI makes an initiative to make monthly payments to dementia disabled individuals. Supplemental Security Income (SSI) is also done based on the criteria that the person is 65 years of age or above, or in case he or she is blind or disabled.

Social Security benefits are significant for those who, at an early age, experience dementia as they are initially denied the benefits, but if they appeal then they are granted the benefits.

However, individuals who experience dementia at an early age face enormous challenges. The individuals also go through issues in the decision-making process which happens to drain a person both emotionally and financially.

The addition of dementia in the list of Compassionate Allowances simplifies and streamlines not only the SSDI/SSI application process, but also in attaining the SSDI/SSI benefits in an accelerated way. If you want to know more about how to get your dementia disability benefits, then you should contact a disability lawyer.

Can You Claim Disability for Dementia?

The Social Security Administration (SSA) has set some criteria which you have to meet for an official disability described in SSA’s listing of impairments and, if they find you disabled, then you can claim disability benefits for dementia. In case you meet the requirements of the disability listings, then the overall process of achieving disability benefits will quicken up.

The listing 12.02 is the disability listing related to dementia and neurocognitive disorders. The listing got updated in the year 2017 and to meet the listing you must have your medical evidence to prove that your skills have declined in one or more areas described below:

Ability to remember and learn something
Ability of planning and judgment
Ability to make the right use of words which comes in the proper use of language
Concentration power i.e., your ability to listen and pay attention to assigned tasks
An individual’s social behavior
An individual’s physical coordination

If, after checking your medical records, it is shown that you are suffering a decline in one of the above-mentioned areas, then the Social Security Administration will analyze whether your functioning is severely affected by any of the declines.

Precisely, you must have an extreme constraint in any one of the following areas or constraint in two of the areas described below:

The ability to understand instructions
The ability to focus on your work assigned
If an individual is taking precautions for any hazards and other safety measures
Your communication powers

A person must show the medical evidence with proper documentation of one or two of the above-mentioned factors that will qualify him or her for the disability listing. SSA may also demand the reports of various testing such as intelligence testing, neuropsychological testing, psychological testing, and regular medical visits along with proper evidence of hospitals.

Statistics have highlighted that people of the age of 65 years or above usually survive for 4 to 8 years after they have been diagnosed with dementia while some may survive for 20 years also. And if the people suffering from dementia do not seek any prevention, cure, and proper treatment, then dementia will likely grow to have a serious impact on their health.

If you discover that your near and dear one is feeling lost and facing difficulties in dealing with everyday work, then you can consult a renowned attorney. This can help in determining whether your loved one is seriously suffering from dementia so that he or she can receive proper treatment and seek disability benefits accordingly.

This can indeed aid the person in getting relieved of some of the issues that might be bothering him or her. Build an understanding about dementia disability, and whether the Social Security disability application will be right to apply for or not.

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Disability for Agoraphobia

James Miller — Sat, 13 Nov 2021 16:46:55 +0000

Shedding light on Disability for Agoraphobia

Are you suffering from Agoraphobia? If yes, then there may be diverse challenges that you might be facing in your day-to-day life. There might be situations when you just step outside your house and get panic attacks or an increase in your anxiety levels.

If you are an individual who has no experience of how to deal with this disorder, then things can get worse for you. Further, it can even have a serious impact on the ability required to maintain your professional and personal relationships.

As technology is booming, people are working remotely thereby making their lives much more convenient than before. However, the question which might be lingering in your mind is “Do I have the experience and education to deal with such jobs”? You may be wondering if you are suffering from agoraphobia disability and whether you are eligible for Agoraphobia disability benefits in the form of SSDI (Social Security Disability Insurance)?

In fact, if you suffer from agoraphobia, you may be eligible for disability insurance for agoraphobia. It is not certain, however, that you will meet the standards which are vital for obtaining these benefits. Before considering this, let’s help build an understanding as to what agoraphobia is.

What is Agoraphobia?

In simple terms, Agoraphobia is a disorder caused due to anxiety that arises in people who get scared or avoid social interaction. This gives rise to situations that make these kinds of people develop a perception of being trapped or embarrassed or even helpless. In some cases, people get scared of using public transportation or they fear going to shopping malls or hanging out in parks and gardens, standing in a queue at a shop, or going somewhere alone, or even going out to attend an event.

The disability of agoraphobia can even worsen when an individual experiences a panic attack and then starts worrying about going through another panic attack under the same circumstances prevailing. The statistics show that generally, 1.8 million Americans above 18 years of age experience agoraphobia.

These people may not have any history that showcases panic disorders. Agoraphobia usually appears in a person around the age of 20 which makes it difficult for him or her to step out of their house. If Agoraphobia is not treated in due course of time, then it may be aggravated which can even worsen the situation.

Did you know that agoraphobia is derived from the ancient Greek word “agora” which signifies a marketplace or a meeting in public? The people who suffer from the disability do not fear to go in public places by themselves, but it is their panic attacks that make them do all of this. There are various symptoms of panic attacks such as dizziness, problems in breathing, or chest pains. Let’s shed some more light on panic attacks.

What Is A Panic Attack?

A panic attack, in sum, is a scary feeling which an individual goes through. And, if someone is experiencing it for the first time, they usually dial 911 as if they are suffering from a heart attack. The medical community has discovered that panic attacks are mainly caused by the sympathetic nervous system. This means that it is not a mental disorder, but rather, it is a physical disorder.

In most situations, people generally suffering from panic attacks think that their body is in extreme danger. In reality, however, it is likely to be some minor or moderate threat. You can even look at the situation in this way. Imagine that you just step out of the house, see an ordinary act, and react as if it is a wild jaguar who is hungry to grab you.

Is Agoraphobia A Disability?

At times, agoraphobia can be classified as a disability. Agoraphobia involves panic attacks which also comprise the history of panic attacks of an individual. The Social Security Administration similarly assesses agoraphobia and panic attacks. Agoraphobia and panic attacks are common and they are not devastating at all times.

When a person suffers from agoraphobia, he or she has feelings of embarrassment or vulnerability. At times, feelings of being trapped can aggravate Agoraphobia. An individual might suffer from all or one of these feelings in public places which are generally brimming with people. People who are suffering from agoraphobia may require help from a friend or a companion as that would help the disabled person to stay calm in public places.

Generally, medical practitioners use a blend of cognitive therapies and different medications that helps in the treatment of the agoraphobia disability. If you want your loved one to be cured of this disability at a faster pace then you should encourage the disabled person to seek innovative ways to deal with the situations and motivate them so that they feel good.

Can You Get Disability Benefits for Agoraphobia?

The criteria to classify agoraphobia as a disability is very wide. Don’t keep pondering over whether agoraphobia is a disability or not. Instead, if you want to know more consult a disability lawyer.

For an individual to be eligible for Social Security Disability benefits, he or she has to meet listing 12.06 for anxiety disorders stated in SSA’s blue book. If you have been diagnosed with agoraphobia or panic disorder, then you must be experiencing any one or both of the following:

A person experiencing panic attacks and then concerned about having another panic attack in the future and/or
The level of fear or anxiety is increasing in being in a public place or an open space.

You may be eligible for disability benefits if you meet either of these, or both of the above conditions and it is reflected in two, or more than two, of the areas such as regulating your emotions, adapting to a change, interacting with other people, being able to finish the task, understanding or remembering information or learning things.

Any person who meets all of the above criteria can be considered as not able to function outside the home or in public. Therefore, people who are suffering from agoraphobia can qualify for the benefits of disability. People can also get the Supplemental Security Income SSI for Agoraphobia benefits which are based on the financial need for individuals of age 65 or more, disabled, or if they are blind.

Determination of how Agoraphobia is the reason for causing work hindrance

If you are not currently seeking any opinion from any mental health provider, then it may be vital to seek an opinion as it will play a crucial role in your Social Security case. This is because SSA gives special attention to the opinion of the doctor who is treating your agoraphobia.

If you are working somewhere, then one of the convenient ways to review your limitations regarding work is to get the opinion of your doctor and filing the Residual Functional Capacity (RFC) form. If you want to know more about how to fill RFC form, Contact a disability attorney.

In cases where a person is experiencing agoraphobia, then the RFC form must state all of your diagnosis along with addressing your capability to the following:

How are you handling stressful situations?
Your ability to make work-related decisions
How are you attending your office or place of employment if you are missing from your work for more than one or two days or more?
Are you able to maintain your concentration and focus?
Are you able to follow simple instructions and complex instructions?

If in case you are experiencing other disorders also and apart from agoraphobia, then your doctor must also consider other impairments and what impact it is having in combination with your health along with how easily you can perform the above-mentioned tasks. Although, your doctor doesn’t have to say that you are disabled as the determination done by the Social Security Administration.

In many of the cases, it is seen that the opinions given by the friends and family are quite helpful for the mental health provider in dealing with the person experiencing panic attacks. This is because they give first-hand information about the person who is experiencing agoraphobia and his or her ability to go in public along with interaction with others.

It can indeed be helpful for the Social Security applicant also that he or she submits the “statement of the claimant” describing his or her condition to the Social Security Administration. The statement provided by the applicant must be precise and accurate, ranging from one or two pages.

The person must describe in his own words all the struggles that he is going through due to agoraphobia, which will determine his ability to go to public places and social interactions with other people. To gain more insights on agoraphobia, you are free to Contact James Miller Attorney.

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Can You Get Disability For Anxiety?

James Miller — Fri, 30 Apr 2021 07:10:46 +0000

Social anxiety and other anxiety disorders are socially limiting, and at worst can make it impossible to function in normal relationships or employment. An anxiety disorder is a mental illness in which intense feelings of worry and fear influence daily behavior. Many people experience stress and anxiety in their daily lives, but an anxiety disorder can be a debilitating mental condition in which extreme feelings of worry and fear consume an individual’s everyday thoughts and behavior.

The Social Security Administration (SSA) may determine you eligible for disability benefits if you can provide medical evidence of a diagnosed anxiety disorder that limits your ability to work for 12 or more months. If you meet the SSA criteria, you may be entitled for Social Security Disability Insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits depending on your income and employment history.

Requirement of Specific Medical Evidence

Your psychiatrist or psychologist may have diagnosed you with a general anxiety disorder, post-traumatic stress disorder (recurrent thoughts about a traumatic experience in the past), obsessive-compulsive disorder (finding it necessary to perform activities repeatedly), panic disorder (having a strong physical reaction even though there is no immediate danger), or agoraphobia (fear of or avoidance of public places).

The SSA will likely want to review all psychiatric tests and examinations relevant to the diagnosis of anxiety, as well as any treatment reports from your doctor that indicate you have been regularly reporting anxiety symptoms.

Ensure that your medical records describe the full range of symptoms experienced as a result of your anxiety. What would you do, for example, if you were at work and had a panic attack? Do your symptoms force you to miss work on a recurring basis? Do you self-isolate and avoid others regularly?

Do you suffer in silence, unable to complete work-related tasks because your memory and concentration are so affected by your condition?

You should seek medical advice from your doctor about your anxiety and its causes. You should discuss with your doctor how the anxiety disorder affects your ability to function and perform routine daily activities. If possible, obtain a letter from previous employers or colleagues about job absences and performance due to anxiety symptoms.

Qualifying Anxiety Disorders

It is possible to receive SSA disability benefits for mental health disorders, but the first step is to obtain the correct diagnosis of your anxiety disorder. Your doctor will be asked to submit medical evidence of your condition, including psychiatric testing and documentation of related physical and mental symptoms. Anxiety disorders that may qualify you for disability benefits include:

Agoraphobia
Panic attacks
Obsessive-compulsive disorder
Generalized persistent anxiety
Post-traumatic stress disorder

Is Anxiety Considered a Disability?

To establish entitlement to benefits, you must have a qualifying disability listed on your application. The SSA will evaluate your listed impairment based on the criteria of a disability listing in the Social Security Listing of Impairments. Anxiety-related psychiatric illnesses are covered in Listing 12.06.

You should have a diagnosis of anxiety related disorders from a licensed medical practitioner, characterized by three or more of the following symptoms:

Restlessness;
Easily fatigued;
Difficulty concentrating;
Irritability;
Muscle tension; or
Sleep disturbance.

You must also prove that symptoms affect your ability to maintain gainful employment. In addition, medical documentation should demonstrate limitations in the following areas of mental functioning:

Understanding, remembering, or applying information
Interacting with others
Concentrating, persisting, or maintaining pace
Adapting or managing oneself

Many who have been living in a highly structured or secure environment or receiving intensive therapy or psychosocial support that has reduced the effects of their anxiety disorder are held to a different standard. According to the Social Security Administration, a person’s functional skills would likely appear higher in these circumstances than in real-life situations where the stress and demands of everyday life would be greater.

If the condition has been medically recorded as severe and chronic for at least two years, and you can demonstrate that you have been living in a highly structured setting or undergoing regular medical care. In that case, you might be eligible for disability for anxiety disorders if you can also demonstrate that you have minimal capacity to respond to changes in your environment or demands that are not already part of your everyday life. Older adults should never apply without going through eligibility criteria for disability Over 50.

Identifying the Residual Functional Capacity

If the Social Security Administration determines that your anxiety condition is not severe enough to satisfy criteria in listing 12.06, you may still be determined entitled to benefits based on your residual functional capacity (RFC). In that case, the SSA will examine the available medical documentation and may order additional testing to determine what restrictions you have on your ability to function in a worklike setting.

You may have the following RFC: an inability to perform complicated tasks but the ability to achieve short and easy tasks that can be mastered in 30 days or less, no public interaction, and only casual contact with colleagues and superiors. If so, you may be eligible for disability benefits from SSA.

Getting a Disability Claim Started

If you cannot function due to an anxiety disorder, you could be eligible for SSI for anxiety benefits. Although disability due to an anxiety disorder can be difficult to prove due to the subjective nature of the diagnosis, working closely with a medical practitioner and a trained Social Security disability attorney or advocate to gather and present the necessary documentation in support of your disability claim can help you present a complete and accurate disability benefits application. Your application should include a thorough analysis of what an episode of anxiety (whether it is a panic attack, OCD, PTSD, or phobic episodes) looks like for you, as well as how often you experience them and how they affect your ability to function.

Disability insurance providers have a high level of skepticism when it comes to mental health, or anxiety claims specifically. Claims adjusters will often thoroughly examine medical records to find ways to refute the allegation. This is why someone who has been diagnosed with anxiety or depression should consult with a lawyer.

You can apply for both Social Security disability insurance (SSDI, which requires you to have paid enough taxes into Social Security, and Supplemental Security Income (SSI), which is based on income. Hire a lawyer to help you file a disability benefits for anxiety claim or, if your original claim has already been denied, to file an appeal. The bottomline is that you do not need to suffer from economic insecurity if you have an anxiety disorder or a physical disability that prevents you from performing at an optimum level. Contact us today.

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Can You Get Disability for Diabetes?

James Miller — Fri, 30 Apr 2021 06:10:58 +0000

Uncontrolled diabetes and associated symptoms such as peripheral neuropathy or poor vision can qualify a person for Social Security Administration (SSA) disability benefits. Although well-controlled diabetes with medication may not be enough to support a successful application, most people with diabetes also have other related medical issues that limit their ability to function normally. Diabetes for the purposes of obtaining disability benefits is classified into two types: Type 1 and Type 2.

Types of Diabetes

Diabetes Mellitus (DM) is a chronic medical disorder in which the body’s ability to absorb glucose is impaired. Blood sugar levels increase when the pancreas fails to generate enough insulin, a hormone that sends signals to other body cells to consume excess glucose.

Elevated blood sugar levels can often be managed with medication and diet, but persistently elevated blood sugar levels can cause neuropathy (nerve damage) in the extremities, resulting in numbness, burning, and tingling. Cardiovascular disease, renal disorders, skin infections, and vision changes are also symptoms. You can seek Diabetes Disability Benefits when prolonged and uncontrolled diabetes causes disability. You will have to document the condition through treatment with a licensed physician. The following is more information about both types of diabetes.

Type-1 Diabetes

Type 1, also known as insulin-dependent diabetes, usually develops in infancy and necessitates regular insulin injections and blood sugar monitoring. Type 1 diabetes disability affects people who are unable to produce the hormone insulin, which controls blood sugar levels. Type 1 diabetes affects just about five to ten percent of diabetic people.

Type-2 Diabetes

Type 2, also known as adult-onset diabetes or Diabetes Mellitus, develops when the body’s cells become insulin-resistant and thus fail to absorb enough glucose. Obesity, high blood pressure, and a sedentary lifestyle are all closely linked to type 2 diabetes, which is most common in people over 45. Type 2 diabetes disability is often caused by a variety of environmental and genetic factors. Endocrinologists are responsible for diagnosing and treating this condition by prescribing medicine, blood sugar monitoring, and lifestyle modifications to help stabilize the condition.

Most people can function in a range of capacities, from sitting at a desk to laborious construction work; however, chronic uncontrolled diabetes can result in severe complications limiting one’s ability to function normally. You might be eligible for monetary benefits from the Social Security Administration (SSA) if you have disabling conditions related to diabetes. However, if you are 50 or above and diabetes has turned you disabled, Disability Benefits Over 50 should be your option. Eligibility criteria are different for people belonging to this age group.

Is Diabetes A Disability?

Endocrine conditions, such as diabetes, were excluded from the SSA’s Blue Book in 2011. The SSA Blue Book is a list of impairments that makes it easier to identify qualifying disability conditions and therefore streamline the decision process. As a result, eligibility for disability benefits based only on a diagnosis of diabetes is no longer possible, but depending on the seriousness of your symptoms, you may be able to demonstrate related disabling criteria required by the SSA.

For example, a person can meet the criteria for Listing 11.14 for peripheral neuropathy if, after treatment, they experience involuntary movements, tremors, or partial paralysis in two extremities, making walking or using hands difficult. Listing 2.02 applies to diabetic retinopathy that causes vision loss of less than 20/200 in the better eye. Other diabetes complications, such as kidney failure, cardiovascular problems, or amputation of a leg, may meet the criteria of one of the Blue Book listings. Note that diabetic children under the age of 6 who need regular insulin or 24-hour monitoring (depending on the child’s age) may meet Listing 109.08. A knowledgeable disability attorney can help you identify disability benefits for qualifying children.

Qualifying for a Medical-Vocational Allowance

Medical-Vocational Allowance is one of the most common ways to obtain disability compensation approval. If your diabetes symptoms prohibit you from working at your previous job or some other job in the economy, you might be eligible for compensation under a medical-vocational allowance.

You may be entitled to either of these benefits for your disability due to Diabetes:

Social Security Disability Insurance (SSDI)- You may be entitled to SSDI if you have worked for five of the last 10 years and meet SSA criteria for disability. SSDI offers financial assistance to provide an income if treatment is ineffective and you are unable to work. If you receive SSDI, you can also qualify for Medicare and prescription drug assistance also.
Supplemental Security Income (SSI)- What if you have a low income and few assets, but do not have a qualifying work history to establish SSDI benefits? You may be eligible for SSI if you are under the financial threshold prescribed by SSA. SSI pays a monthly stipend to assist with daily necessities, such as food and shelter. Children who qualify for SSI may also be eligible for Medicaid, a low-income healthcare program.

Disabilities Come in Various Forms

Why would diabetes be considered a disease even when treatment places it under control? According to the World Health Organization, a disability has three components:

Impairment- This refers to an issue with the body and how it functions, as well as your mental function, such as vision or memory loss.
Activity Restrictions- That you have a difficult time doing something that non-disabled people can do. This may have anything to do with vision, hearing, walking, or problem-solving.
Restrictions on Participation- This means you would not be able to participate in everyday tasks as freely as you would if you were not disabled. Working, social events, and personal grooming are only a few examples.

When Should I Consult an Attorney?

“The sooner, the better” is a good general rule to follow when it comes to legal matters, especially those that affect your health and economic security. You can contact a disability attorney for a free consultation if you are thinking about applying for disability benefits from SSA. A lawyer will help you assess the strength of your case and guide you through the initial application process. Although some people prefer to go through this stage without legal assistance, having a lawyer on your side increases your chances of getting disability for diabetes.

Disability lawyers know how to approach a case in the most favorable light for their clients, from the initial filing to the hearing stage and beyond. A lawyer will help you obtain relevant medical evidence that allows the Social Security Administration to easily review your application, including documentation of the onset date of disability, and evidence that your condition meets the criteria of impairments listed in Social Security’s Blue Book.

Your lawyer should gather and send relevant medical information, obtain an opinion from your doctor, prepare a concise brief to the Administrative Law Judge (ALJ), and prepare you for the judge’s questions at the reconsideration and hearing levels (the first and second stage of appeal in most states). Consult an experienced attorney and discuss your disability issues due to diabetes today.

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