Roughly 3 million folks in the US have anemia, in keeping with the Facilities for Illness Management. Whereas anemia is a typical and treatable dysfunction, many individuals that suffer from anemia expertise extreme signs similar to shortness of breath and cognitive issues that have an effect on their capability to work and carry out day by day duties.
If you’re affected by the results of Anemia and have been denied incapacity don’t hand over, virtually 70% are denied initially! Simply name 512-454-4000 for a free, no obligation session to study what your choices are.
Anemia is a blood dysfunction the place the physique doesn’t produce sufficient wholesome purple blood cells or hemoglobin.
Hemoglobin is a protein present in purple blood cells that carries oxygen from the lungs to different organs. There are numerous blood problems that have an effect on purple blood cells, anemia being probably the most generally identified. There are a number of forms of anemia, together with:
- Iron-deficiency anemia. Iron is important to provide purple blood cells. Iron-deficiency anemia is often attributable to blood loss from menstruation, low iron consumption, ulcers or most cancers.
- Pernicious anemia. This blood dysfunction is brought on by a deficiency of vitamin B12, an incapability to soak up B12, or an autoimmune situation.
- Anemia attributable to persistent illness, similar to kidney illness or celiac illness.
- Aplastic anemia happens when the bone marrow doesn’t produce sufficient purple blood cells or white blood cells. It may be brought on by hepatitis, Epstein-Barr, or HIV.
- Autoimmune hemolytic anemia. On this dysfunction an overactive immune system destroys the physique’s purple blood cells.
- Thalassemia is a genetic type of anemia induced when the physique doesn’t make sufficient of a protein known as hemoglobin.
- Sickle cell anemia is an inherited type of anemia affecting the form of purple blood cells, blocking blood circulation and inflicting ache and organ harm.
Can I qualify for SSDI if I’ve anemia?
Anemia may also be significantly disabling inflicting coronary heart issues, hassle concentrating, lack of urge for food and numbness and tingling within the palms and ft.
You probably have anemia and can’t keep employment, chances are you’ll be eligible for incapacity advantages, however to qualify you’ll first have to fulfill each the monetary and medical necessities set forth by the SSA.
A. Monetary Necessities:
Earlier than you might be eligible for Social Safety incapacity advantages, you will need to fulfill some primary monetary necessities.
You will need to: 1) have a incapacity that has lasted or is predicted to final 12 months; and a couple of) you will need to have labored in a job the place you paid Social Safety taxes lengthy sufficient and not too long ago sufficient; and three) you will need to not earn greater than Substantial Gainful Exercise (SGA), which is $1,550 per thirty days in 2024 for nonblind candidates and $2,590 per thirty days for blind candidates. If you happen to earn greater than the SGA quantity, your declare might be denied, and if in case you have not labored sufficient not too long ago to earn the mandatory quantity of labor credit, Social Safety will deny your declare. (hyperlink to work credit web page)
B. Medical Necessities:
The Social Safety Administration’s Blue Guide lists impairments Social Safety considers disabling and will routinely qualify for advantages.
One solution to qualify for SSDI with anemia is to match the necessities of a list within the Blue Guide. Common persistent anemia is now not listed as a separate impairment, however some forms of anemia do have their very own itemizing. Sickle cell anemia or thalassemia is evaluated beneath Part 7.05, and pernicious anemia is listed beneath Part 1.15, problems of the skeletal backbone, as a result of the dysfunction can lead to spinal twine degeneration. Aplastic anemia is taken into account as a bone marrow dysfunction beneath Part 7.10. Your anemia have to be very extreme to satisfy the standards of those listings. You have to be out and in of the hospital usually, have prolonged hospital stays (48 hours or longer), require narcotic ache drugs incessantly, or want frequent or life-long blood transfusions.
In case your anemia doesn’t match the standards of any of the above listings, you should still qualify beneath Part 7.18 Repeated problems of hematological problems in case your anemia ends in issues similar to:
- Retinopathy (harm to blood vessels within the eye)
- Pores and skin ulcers
- Osteonecrosis (bone loss of life)
- Silent central nervous system infarction (stroke with out outward signs)
- Diminished joint motion
- Cognitive limitations similar to forgetfulness.
You will need to additionally show that these problems end result within the following signs:
- Extreme fatigue;
- Ache;
- Fever;
- Evening sweats;
- Malaise;
- Joint or muscle swelling;
- Shortness of breath; or
- Complications.
AND you will need to present marked practical limitation in at the least one of many following:
- ending duties in a well timed method; or
- finishing actions of day by day residing; or
- sustaining social functioning.
Social Safety desires to understand how extreme your anemia is and if in case you have every other medical circumstances.
As a way to qualify for incapacity advantages with any sort of anemia, you’ll need to supply Social Safety with full medical data documenting your dysfunction, together with:
- Detailed studies out of your medical suppliers documenting your prognosis, remedies, signs, practical limitations and prognosis;
- Lab studies signed by your physician;
- Hospital and emergency room data; and
- Blood transfusion data.
Make sure to embody medical proof of every other circumstances you’ve gotten.
Many candidates which might be accredited for advantages truly qualify beneath a incapacity itemizing for a associated situation, like kidney illness, Rheumatoid arthritis, most cancers, HIV, or congestive coronary heart failure. One dysfunction alone might not meet the standards of an impairment as acknowledged in Social Safety’s Blue Guide, however if in case you have multiple medical situation, Social Safety should take into account how these well being points mixed restrict your capability to carry a job and carry out needed day by day duties.
Incapacity for A number of Impairments –>
In case your anemia doesn’t match a listed impairment, you should still qualify for SSDI primarily based in your limitations.
Social Safety will conduct a Residual Purposeful Capability evaluation to guage how your incapacity impacts your capability to carry out your previous job or if there’s every other job you’ll be able to carry out, taking into consideration whether or not or not you’ll be able to drive, your age, and degree of training. Social Safety desires to know in case your anemia is so extreme that you just can’t focus, keep awake for eight hours straight, or full duties in a well timed method attributable to weak point or fatigue. If Social Safety decides you can not do your previous job or don’t have the talents to carry out a brand new job, chances are you’ll be accredited for a Medical-Vocational Allowance.
If you’re 55 or older, chances are you’ll get approval.
Social Safety follows a algorithm to find out when the company expects an applicant to study a brand new job.
Candidates who’re 55 or older usually fall beneath a grid rule, which suggests they don’t seem to be anticipated to study a brand new job. For instance, a 55-year-old applicant with no transferable abilities may be discovered disabled. If you happen to can’t return to your previous job, and also you don’t have the talents to study a brand new one, Social Safety will seemingly grant you incapacity advantages.
Incapacity for these over 55 –>
Do you have to file a declare?
If you happen to consider that you just meet Social Safety’s medical and monetary necessities, you need to apply for advantages.
If you’re nonetheless uncertain or want to speak to somebody, please contact us at 512-454-400. We’re at all times able to take your name and focus on your choices with you freed from cost. We’re pleased to assist of us similar to you discover one of the best answer for his or her private scenario.
How do I file for Social Safety Incapacity advantages?
After you have determined to file a declare, you possibly can take step one and apply for Social Safety Incapacity advantages in particular person at your native Social Safety Administration workplace, on-line, or over the cellphone.
After your software is submitted, Social Safety will ship your file to the state’s Incapacity Willpower Companies workplace (DDS). A claims examiner will request and assessment your medical data and will name you for an interview or further paperwork. When the claims examiner has sufficient info, Social Safety will decide and notify you by mail. This usually takes three to 4 months, however may take longer. Don’t be discouraged in case your preliminary software is denied – most are – and you should have the chance to attraction.
Apply for SSDI –>
There are 4 steps to the Social Safety attraction course of:
- File a Request for Reconsideration with the Social Safety Administration to utterly assessment the case.
- If you happen to don’t agree with SSA’s response to your Request for Reconsideration, you possibly can request a listening to earlier than an Administrative Regulation Choose (ALJ). ALJs are attorneys who work for the Social Safety Administration; they assessment SSDI and SSI instances and both uphold or overturn choices to disclaim SSDI or SSI advantages. If you’re not represented by an legal professional at this level, now’s the time to acquire authorized counsel. This can be a vital level within the course of and can elevate your likelihood for fulfillment.
- If an ALJ doesn’t grant your declare, you possibly can request that the Appeals Council assessment your case.
- Federal Court docket assessment. The ultimate step within the attraction course of is submitting swimsuit in U.S. District Court docket.
SSDI Appeals Course of –>
Do I would like a incapacity legal professional for SSDI or SSI?
You probably have anemia and may’t keep full-time employment, chances are you’ll be eligible for Social Safety Incapacity advantages, however qualifying is tough and most preliminary functions are denied.
The various forms of anemia which might be categorised beneath hematological problems and the particular medical proof required for every one could make submitting for incapacity advantages very sophisticated. A certified incapacity legal professional might help you consider your eligibility, collect medical and monetary documentation, and information you thru the submitting course of. It’s possible you’ll actually file a declare by yourself, however proof reveals that your probabilities for approval are elevated considerably if in case you have authorized illustration. At every stage of the method, from the preliminary software stage to the reconsideration stage and the ALJ listening to stage, an legal professional can help you in finishing the detailed varieties and questionnaires required by Social Safety, accumulating and submitting related medical proof, and making ready questionnaires to your docs. On the ALJ listening to part an legal professional is not going to solely proceed to guarantee that the proof is full, however put together you for questioning by the ALJ, put together an argument in your behalf and query any docs or vocational consultants chosen by the ALJ to testify on the listening to. On the Appeals Council and federal court docket degree, a lawyer can current authorized arguments to indicate your case was wrongfully denied. Charges charged by incapacity attorneys are regulated by federal legislation and are often 25% of incapacity backpay you might be owed. There are not any out-of-pocket prices, and should you don’t win your case, you gained’t be charged something.
Do I would like an SSDI legal professional–>
If you’re affected by Anemia and have been denied incapacity don’t hand over, virtually 70% are denied initially! Simply name 512-454-4000 for a free, no obligation session to study what your choices are. Have some questions? simply give us a name, we love to assist of us similar to you!
What if I don’t qualify for SSDI?
If you happen to haven’t labored lengthy sufficient to earn sufficient work credit, or should you earn an excessive amount of earnings, chances are you’ll be eligible for incapacity advantages by means of one other Social Safety program, similar to Supplemental Safety Earnings (SSI), or from a long-term incapacity insurance coverage plan by means of your employer or a privately bought coverage.
SSI is a program that pays month-to-month advantages to folks with restricted earnings and assets who’re disabled, blind, or age 65 or older. SSI is predicated on earnings as a substitute of labor credit, and is financed by basic funds of the U.S. Treasury. You’ll be able to examine eligibility necessities and start the appliance for SSI on-line or by calling Social Safety at 1-800-772-1213. https://www.ssa.gov/ssi/text-apply-ussi.htm. Along with SSDI and SSI advantages, you could possibly get monetary help from a privately bought long-term incapacity coverage or a coverage by means of your employer.
I’ve long-term incapacity insurance coverage – ought to I file a declare?
Sure – you need to file a declare as quickly as you change into disabled.
Lengthy-term incapacity insurance coverage (LTD) protects your earnings if you’re unable to work attributable to sickness or damage and is bought as a part of a bunch employment plan or privately by means of an insurance coverage firm. Insurance policies pay between 50-60% of your wage and advantages proceed till you come back to work or for the variety of years acknowledged within the coverage. Nevertheless, don’t give up your job earlier than you file a declare as a result of LTD protection is nice solely so long as you might be employed, and remember to examine your coverage’s definition of “disabled” as every coverage will state the definition of “disabled” which is in use. Additionally, remember that long-term incapacity insurance coverage firms can require a claimant to additionally apply for SSDI.
LTD Incapacity Appeals Course of–>
Do I would like a incapacity legal professional for a long-term incapacity insurance coverage declare?
It doesn’t matter if in case you have a long-term incapacity insurance coverage coverage bought by means of a personal insurance coverage dealer or a bunch coverage bought along with your employer; submitting a declare for long-term insurance coverage is a fancy course of.
The wording of LTD insurance policies may be complicated and the legal guidelines and laws which have an effect on the 2 forms of LTD insurance coverage differ in procedures for submitting claims and appeals. An skilled LTD legal professional with thorough data of ERISA legal guidelines and laws will keep away from errors and improve your likelihood of success. An legal professional will act in your behalf, finishing your software and submitting your declare in a well timed method. They’ll additionally negotiate a settlement or file an attraction for you. If it turns into essential to file swimsuit, an LTD legal professional can put together your case towards an insurer. Most LTD attorneys deal with instances on a contingency foundation and cost roughly 25%-40% of a claimant’s late advantages. You don’t pay an legal professional’s payment except the legal professional wins your case.
Submitting a declare for incapacity advantages and getting approval generally is a lengthy journey, however you possibly can take the primary steps as we speak. Be at liberty to name us for a free session to debate your case and choices. Even should you don’t rent us, we’re pleased that will help you make one of the best decisions to your personal particular person scenario.
Do I would like an LTD legal professional–>
