Roughly 300,000 Individuals are affected by scleroderma, an autoimmune illness that causes hardening and tightening of the pores and skin and connective tissue. There are two most important forms of scleroderma – localized and systemic. Localized impacts solely the pores and skin and is normally delicate whereas systemic scleroderma can have an effect on the connective tissue in any a part of the physique, together with the lungs, kidneys, blood vessels, coronary heart, esophagus, and gastrointestinal system in addition to the pores and skin. Though youngsters could develop scleroderma, it normally begins in individuals between the ages of 30 and 50 and impacts ladies greater than males. In case you are affected by the results of Scleroderma you could qualify for incapacity advantages.

The SSA acknowledges systemic sclerosis as an impairment below Part 14.00 Immune System Issues. To be eligible for incapacity advantages, you have to have the ability to present medical documentation that you just meet the definition as listed in its Blue Guide.

Some widespread signs of scleroderma embody:

•    Problem respiration and lowered tolerance for train
•   Hypertension leading to renal failure
•   Irregular heartbeat and congestive coronary heart failure
•    Pores and skin thickening or tightening
•   Raynaud’s syndrome, an exaggerated sensitivity to chilly temperatures that causes numbness, ache and coloration modifications in fingers and toes
•   Enlarged crimson blood vessels on the arms, face and round nail beds
•   Hypertension from kidney issues
•   Shortness of breath
•   Fatigue
•    Joint ache
•   Calcium deposits within the pores and skin or different areas of the physique
•   Digestive issues comparable to issue swallowing or poor absorption of vitamins

These or a mixture of those signs may cause you to overlook work and jeopardize your capability to take care of employment.

At the moment there is no such thing as a remedy, and remedy focuses on managing and controlling particular person signs and stopping problems with medicines, bodily remedy and occupational remedy.

Demonstrating that you’re following your physician’s remedy plan is a crucial a part of qualifying for incapacity advantages.

Can I qualify for Social Safety Incapacity Revenue?

The disabling signs of systemic scleroderma create many every day challenges for these dwelling with this situation.

As talked about above, circumstances of localized scleroderma are normally delicate; nevertheless, systemic scleroderma is taken into account an impairment by the Social Safety Administration and is listed in its Blue Guide below Part 14.04 Systemic Sclerosis (Scleroderma). When you’ve got systemic scleroderma, you could qualify routinely for incapacity advantages in the event you meet all the necessities said below the itemizing. Along with a prognosis of systemic sclerosis, you have to have medical proof of one of many following circumstances.

1.    Two or extra organs or physique techniques are concerned, for instance, the pores and skin and lungs, with:
   
   1.   One organ or physique system affected to a average degree of severity; and
   2.   Two of the next signs – extreme fatigue, fever, malaise, or involuntary weight reduction.

OR

2.    Contractures or deformities in arms or toes, with one of many following:
   
   1.   a documented want for a walker, bilateral crutches or guide wheelchair that requires two arms; OR the shortcoming to make use of one higher extremity to independently provoke, maintain, and full work-related actions involving fantastic and gross actions AND a documented want for a one-handed, hand-held assistive gadget comparable to a cane; OR
   2.    finger contractures or deformities in each arms that stop you from performing fantastic and gross actions like lifting objects, sorting papers, holding a pen, or tying your shoe.

3.   Atrophy in Arms or Legs, with one of many following:
1.   irreversible atrophy in a single or each legs that forestalls you from strolling with out an assistive gadget that requires two arms comparable to a walker, or requires just one hand, comparable to a cane, however you’re unable to make use of the opposite hand resulting from a bodily impairment; OR
2.    irreversible atrophy in each arms that forestalls you from performing actions like lifting objects, sorting papers, holding a pen, or tying your shoe.
4.   Raynaud’s Phenomenon, with one of many following:
1.   gangrene in at the least two limbs (arms and/or legs); OR
2.    ischemia (lack of blood provide) that forestalls you from strolling with out an assistive gadget that requires two arms, or requires just one hand; OR
3.   ischemia that forestalls you from performing actions like lifting objects, holding a pen, or tying footwear.
5.   You have got “repeated manifestations” or recurring signs of systemic sclerosis that trigger vital interference together with your every day actions, social functioning or capability to finish duties in an inexpensive period of time with two of the next signs:
   
   •   Fever
   •    Extreme fatigue
   •   Malaise (feeling unwell)
   •   Involuntary weight reduction

You have to to offer full medical information to Social Safety as proof of scleroderma, together with visits to your physician, your physician’s remedy notes, blood checks, imaging comparable to MRIs, and organ operate checks to see if the center, lungs or kidneys are affected.

Ask your physician to fill out an RFC (Residual Practical Capability) kind detailing your limitations in standing, sitting, strolling and reaching. Be sure to embody therapies you will have tried and the way you responded.

As soon as Social Safety determines the restrictions attributable to your situation, they are going to make use of a vocational professional to evaluate whether or not an individual with these limitations is employable.

Most vocational specialists will discover an individual to be unemployable if their situation or the remedy rendered for the situation causes the individual to commonly be absent two or extra days a month or be “off-task” 15% or extra of the workday.

What if I don’t meet the necessities of Social Safety’s itemizing?

In case you don’t meet Social Safety’s itemizing requirement for systemic sclerosis, you should still be eligible for incapacity advantages in the event you can present that your medical situation has restricted your purposeful capability to such an extent which you could now not do your job.

For instance, you could solely have the ability to stand for brief durations of time or stroll brief distances; you might also have issues with stability. Social Safety will overview your medical information and conduct its personal RFC to resolve in the event you can carry out your final job, or every other job, considering whether or not you’ll be able to drive, your age, and degree of training. Social Safety follows a set of medical-vocational grid guidelines to find out when the company expects an applicant to study a brand new job. Candidates older than 50 or 55 typically fall below a grid rule, which implies they don’t should study a brand new job. In case you’re unable to work at your previous job, or study a brand new job, Social Safety will possible grant you incapacity advantages.

You might also qualify for SSDI in case you have one other medical situation.

Candidates typically endure from a couple of sickness; whereas one dysfunction could not meet the necessities of a Social Safety impairment itemizing, in case you have a couple of medical situation, Social Safety should contemplate how your well being points mixed collectively restrict your capability to carry a job and carry out routine duties.

What are the fundamental monetary necessities for SSDI?

In case you meet all the standards for scleroderma, you continue to received’t be authorized for SSDI until you fulfill Social Safety’s primary monetary necessities:

1) you have to have a incapacity that has lasted, or is anticipated to final, 12 months, 2) you have to have labored lengthy sufficient and not too long ago sufficient in a job the place you paid Social Safety taxes to build up a specific amount of labor credit, and three) your revenue should not be greater than Substantial Gainful Exercise (SGA), which in 2024 is $1,550 per 30 days for nonblind candidates and $2,590 per 30 days for blind candidates.

How do I file for Social Safety Incapacity advantages?

You may apply for Social Safety Incapacity advantages on-line, over the cellphone, or in individual at your native Social Safety Administration workplace.

Don’t be discouraged in case your preliminary utility is denied – most are, and you’ll have a possibility to enchantment. There are 4 steps to the enchantment course of:

1.   File a Request for Reconsideration with the Social Safety Administration to fully overview your case once more.
2.    In case your request for listening to is denied, you possibly can request a listening to earlier than an Administrative Regulation Choose (ALJ). ALJs are attorneys who work for Social Safety who overview SSDI circumstances and both uphold or overturn choices to disclaim SSDI advantages. In case you are not represented by an legal professional, it is best to acquire authorized counsel at this important level to lift your possibilities for achievement.
3.   If an AJ denies your declare, you possibly can request that the Appeals Council overview your case.
4.   Federal Court docket overview. The ultimate step within the enchantment course of is submitting swimsuit in U.S. District Court docket.

What if I don’t qualify for SSDI?

In case you haven’t labored lengthy sufficient to build up sufficient work credit, you could be eligible for incapacity advantages via Social Safety Revenue (SSI).

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 normal funds of the U.S. Treasury.

I’ve long-term incapacity insurance coverage – ought to I file a declare?

Lengthy-term incapacity insurance coverage (LTD) is protection to guard your revenue if you’re unable to work resulting from sickness or harm and is bought as a part of a gaggle employment plan or privately via an insurance coverage firm.

Insurance policies pay between 50-60% of your wage and advantages proceed till you come to work, or for the variety of years said within the coverage. When you’ve got long-term incapacity insurance coverage, it is best to file a declare straight away. Don’t give up your job earlier than you file a declare as a result of LTD protection is sweet solely so long as you’re nonetheless employed. You’ll want to verify the coverage’s definition of “disabled” as every coverage will state the definition of “disabled” which is in use. Word that some LTD corporations require claimants to use for SSDI additionally, and it’s potential to obtain each long-term incapacity insurance coverage advantages and SSDI concurrently.

Do I would like a incapacity legal professional?

Making use of for Social Safety Incapacity advantages generally is a lengthy, sophisticated course of.

An skilled Social Safety incapacity legal professional can collect all of your medical information and file your preliminary utility, avoiding delays and dear errors. On the request for reconsideration and listening to ranges, an legal professional can accumulate and submit related medical proof, acquire docs’ opinions, draft a short to the ALJ, and put together you for questioning by the choose. An legal professional may also elicit useful testimony from you and cross-examine vocational and medical specialists, demonstrating your incapability to work. On the Appeals Council and federal court docket degree, a lawyer can current authorized arguments to indicate your case was wrongfully denied. In case your utility is denied, your probabilities of approval are considerably elevated in case you have authorized illustration. Essentially the most you’ll pay is 25% of incapacity backpay you’re owed as a result of charges charged by incapacity attorneys are regulated by federal regulation. There aren’t any out-of-pocket prices – in the event you don’t win your case, you received’t be charged something.

In case you are affected by Systemic Scleroderma and have been denied incapacity don’t surrender, 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!

LTD corporations are usually not neutral, in contrast to the federal authorities in Social Safety incapacity circumstances.

An skilled LTD legal professional who is aware of the legal guidelines and laws in addition to the insurance coverage corporations and their insurance policies will help you keep away from critical errors and presumably shedding your declare. An LTD legal professional may also negotiate a settlement or file an enchantment for you. Most LTD attorneys deal with circumstances on a contingency foundation and cost roughly 25%-40% of a claimant’s late advantages.

At The Texas Incapacity regulation agency Bemis Roach & Reed, our attorneys are dedicated to serving to injured or disabled shoppers obtain the advantages they deserve. Mr. Roach is AV Preeminent and SuperLawyers rated and has develop into a acknowledged chief within the subject of Lengthy Time period Incapacity regulation. Mr Bemis focuses his follow on Social Safety incapacity whereas Mr Reed handles each LTD and SSDI claims. Each are AV Preeminent and SuperLawyers rated and all our attorneys have been efficiently serving to individuals struggle for his or her rights in opposition to large insurance coverage corporations and the federal government since 1993. When you’ve got utilized for advantages and been denied name 512-454-4000 for a free session and get assist NOW.