Arthur’s hand trembled as he gripped the pen and stared on the type. Parkinson’s illness had slowly taken away his regular palms and ruined his carpentry profession. He had been in denial for years and needed to face the truth that simply holding a hammer may very well be harmful. Right this moment, Arthur felt a flicker of hope as he thought-about the applying for incapacity. He was adapting to the circumstances; submitting for incapacity advantages would allow him to give attention to what was vital – his well being – and really feel safer about his monetary future.
If you’re affected by the results of Parkinson’s illness and have been denied incapacity don’t surrender, nearly 70% are denied initially! Simply name 512-454-4000 for a free, no obligation session to be taught what your choices are.
Arthur’s scenario shouldn’t be uncommon.
Roughly 500,000 People are recognized with Parkinson’s illness, the second most typical neurodegenerative dysfunction in the USA. Parkinson’s illness (or PD) is a part of a collective group of neurological issues often known as Parkinsonian syndrome and characterised by tremors, stiffness, gradual motion and postural instability. It primarily impacts individuals 60 years of age or older, however youthful individuals can develop PD, particularly when the mind is broken by an infection or medication.
Can I qualify for Social Safety Incapacity if I’ve Parkinson’s illness?
Parkinson’s illness could cause muscle stiffness, coordination issues, problem standing and strolling and have an effect on an individual’s speech, making it exhausting to keep up full-time employment, however with the intention to be eligible for incapacity, you will need to first fulfill Social Safety’s monetary and medical necessities.
- Monetary Necessities:
- Medical Necessities:
Earlier than you might be eligible for Social Safety incapacity advantages, you will need to:
1) have a incapacity that has lasted or is anticipated 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. For those who earn greater than the SGA quantity, your declare might be denied, and when 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)
Social Safety acknowledges Parkinsonian syndrome in its Blue Ebook below Part 11.06.
The Blue Ebook is a guide the place Social Safety lists issues it considers disabling and will mechanically qualify for Social Safety Incapacity. Social Safety evaluates Parkinson’s illness based mostly on the practical limitations it causes as an alternative of a analysis of the illness. To be eligible for incapacity advantages, you will need to meet the necessities of the itemizing or display that your PD is so disabling you might be unable to carry a full-time job.
With the intention to qualify below Part 11.06, your medical data should doc one of many following for a minimum of three months:
- You might be unable to regulate movement in each arms or each legs (or one arm and one leg), despite following remedy for a minimum of three months, AND
- You might have excessive problem:
- Balancing whereas standing or strolling;
- Standing upright from a seated place; or
- Utilizing your arms.
OR
- You might have extreme bodily issues together with marked limitation in one of many following:
- Finishing duties; i.e. problem concentrating, persisting, velocity
- Understanding, remembering, making use of info; following directions
- Interacting with others
Along with a analysis of Parkinson’s illness, Social Safety will wish to see full medical data together with:
- Examination stories;
- Laboratory checks outcomes;
- Medicines you’re taking and unintended effects;
- Imaging checks akin to x-rays, CT scans and MRIs;
- Another therapies you take and your responses to these therapies;
- Medical doctors’ opinions and statements detailing your limitations and the way they have an effect on your capability to work.
Focus on your situation along with your medical suppliers and ensure they describe your limitations and signs of their notes intimately.
Social Safety will examine your physician’s notes with what you say in your utility. You have to to display that you’re following your physician’s remedy plan, and regardless of that your medical situation nonetheless prevents you from working full-time.
It’s additionally crucial to maintain observe of your work absences.
As soon as Social Safety determines your limitations brought on by your situation, they are going to have a vocational knowledgeable assess whether or not an individual with those self same limitations is employable
For those who don’t meet the factors as set out within the Blue Ebook itemizing, you should still qualify for a medical-vocational allowance if Social Safety determines that there isn’t a different work you are able to do due to your limitations.
Social Safety will conduct a Residual Purposeful Capability evaluation (RFC) to judge how your incapacity impacts your capability to carry out your previous job or if there’s some other job you’ll be able to carry out, considering whether or not or not you’ll be able to drive, your age, and stage of schooling. For instance, many individuals with Parkinson’s illness are unable to work on account of fatigue, confusion, reminiscence loss, tremors and stress intolerance. If Social Safety decides you can’t do your previous job or don’t have the talents to carry out a brand new job, you might be authorised for a Medical-Vocational Allowance.
If you’re 55 or older or have one other medical situation you might get approval.
Social Safety follows a algorithm to find out when the company expects an applicant to be taught a brand new job.
Candidates who’re 55 or older usually fall below a grid rule, which implies they aren’t anticipated to be taught a brand new job. For instance, a 55-year-old applicant with no transferable expertise may be discovered disabled. For those who can’t return to your previous job, and also you don’t have the talents to be taught a brand new one, Social Safety will seemingly grant you incapacity advantages.
Incapacity for these over 55 –>
If you’re affected by Parkinson’s illness and have been denied incapacity don’t surrender, nearly 70% are denied initially! Simply name 512-454-4000 for a free, no obligation session to be taught what your choices are. Have some questions? simply give us a name, we love to assist of us identical to you!
You might also be eligible for Social Safety Incapacity advantages when you have one other medical situation, akin to melancholy, nervousness and sleep issues.
One dysfunction alone could not meet the factors of an impairment as acknowledged in Social Safety’s Blue Ebook, however when you have a couple of medical situation, Social Safety should contemplate how these well being points mixed restrict your capability to carry a job and carry out crucial every day duties.
Incapacity for A number of Impairments –>
Do you have to file a declare?
For those who consider that you simply meet Social Safety’s medical and monetary necessities, it is best to apply for advantages.
If you’re nonetheless uncertain or wish to discuss to somebody, please contact us at 512-454-400. We’re at all times able to take your name and talk about your choices with you freed from cost. We’re blissful to assist of us identical to you discover the very best resolution 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 apply for Social Safety Incapacity advantages in particular person at your native Social Safety Administration workplace, on-line, or over the cellphone.
After your utility is submitted, Social Safety will ship your file to the state’s Incapacity Dedication 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 might take longer. Don’t be discouraged in case your preliminary utility is denied – most are – and you’ll have the chance to attraction.
Find out how to 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 fully assessment the case.
- For those who don’t agree with SSA’s response to your Request for Reconsideration, you possibly can request a listening to earlier than an Administrative Regulation Decide (ALJ). ALJs are attorneys who work for the Social Safety Administration; they assessment SSDI instances and both uphold or overturn choices to disclaim SSDI advantages. If you’re not represented by an lawyer at this level, now could be the time to acquire authorized counsel. This can be a important level within the course of and can elevate your probability for achievement.
- If an ALJ doesn’t grant your declare, you possibly can request that the Appeals Council assessment your case.
- Federal Courtroom assessment. The ultimate step within the attraction course of is submitting go well with in U.S. District Courtroom.
SSDI Appeals Course of –>
Do I want a incapacity lawyer for SSDI?
When you have Parkinson’s illness and can’t work, you might be eligible for Social Safety Incapacity advantages, however qualifying is a posh course of and could also be very difficult for an individual with PD.
You might actually file a declare by yourself, however proof reveals that your probabilities for approval are elevated considerably when you have authorized illustration. At every stage of the method, from the preliminary utility to the reconsideration stage and the ALJ listening to stage, an lawyer can help you in finishing the detailed kinds and questionnaires required by Social Safety, amassing and submitting related medical proof, and making ready questionnaires to your docs. On the ALJ listening to section an lawyer won’t 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 stage, 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 aren’t any out-of-pocket prices, and should you don’t win your case, you received’t be charged something.
Do I want an SSDI lawyer–>
What if I don’t qualify for SSDI?
For those who haven’t labored lengthy sufficient to earn sufficient work credit, or should you earn an excessive amount of revenue, you might be eligible for incapacity advantages by one other Social Safety program, akin to Supplemental Safety Earnings (SSI), or from a long-term incapacity insurance coverage plan by your employer or a privately bought coverage.
SSI is a program that pays month-to-month advantages to individuals with restricted revenue and sources who’re disabled, blind, or age 65 or older. SSI is predicated on revenue as an alternative of labor credit, and is financed by basic funds of the U.S. Treasury. You possibly can examine eligibility necessities and start the applying 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 might be able to get monetary help from a privately bought long-term incapacity coverage or a coverage by your employer.
I’ve long-term incapacity insurance coverage – ought to I file a declare?
Sure – it is best to file a declare as quickly as you develop into disabled.
Lengthy-term incapacity insurance coverage (LTD) protects your revenue in case you are unable to work on account of sickness or damage and is bought as a part of a bunch employment plan or privately by 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. Nonetheless, don’t stop 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, bear in mind that long-term incapacity insurance coverage corporations can require a claimant to additionally apply for SSDI.
LTD Incapacity Appeals Course of–>
Do I want a incapacity lawyer for a long-term incapacity insurance coverage declare?
It doesn’t matter whether or not you’ve got a long-term incapacity insurance coverage coverage bought by a non-public insurance coverage dealer or a bunch coverage bought along with your employer; submitting a declare for long-term insurance coverage is a posh course of.
The wording of LTD insurance policies from corporations akin to Aetna, Cigna, Unum, Hartford and the Customary will be complicated and the legal guidelines and rules which have an effect on the 2 varieties of LTD insurance coverage differ in procedures for submitting claims and appeals. An skilled LTD lawyer with thorough information of ERISA legal guidelines and rules will keep away from errors and improve your probability of success. An lawyer will act in your behalf, finishing your utility and submitting your declare in a well timed method. They will additionally negotiate a settlement or file an attraction for you. If it turns into essential to file go well with, an LTD lawyer 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 lawyer’s price until the lawyer wins your case.
Do I want an LTD lawyer–>
