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Help, Guidance, News & Tips on Social Security Disability Issues

Diseases And Conditions

HIV Infection Not Automatic Reason for SSDI Approval

Jun 12

Posted by Hal LaPray in Diseases And Conditions, HIV / AIDS, Supplemental Security Income (SSI)

Although not always, most people who have HIV or AIDS do qualify for Social Security Disability Insurance (SSDI) benefits, but not because of their HIV itself. Here’s why.

When a person is infected with HIV, their immune system is weak and compromised, making them vulnerable to opportunistic infections. An opportunistic infection is caused by pathogens that normally would not make a healthy person with a strong immune system ill. Since a person with HIV has a weakened immune system, these types of pathogens have the ‘opportunity’ to infect. Some examples of opportunistic infections that a person with HIV may experience are: bacterial infections, fungal infections, viral infections, diarrhea and other conditions that affect the mucous membranes as well as they body’s blood supply.

Because HIV affects everyone differently, there are no hard and set rules when it comes to which conditions will qualify or disqualify a person for SSDI benefits. Eligibility depends much more on the severity and the frequency of the opportunistic infections than the type. The Social Security Administration (SSA) does keep a list of all known associated conditions that could potentially affect a person with HIV and maintains a separate list for women and children.

Or course, applicants that have HIV must also follow the same guidelines as other applicants do and they also must meet the same criteria. HIV claims have a history of being given preference during the application process and are usually processed much more quickly than other types of claims. Although with the current backlog situation adding months to what should be relatively short waiting times, one should not assume their case will be given preference over another.

Sometimes the SSA does offer what are called “presumptive benefits” to people who have the HIV virus while their application is being processed. These benefits are paid one a six month basis under the “presumption” that the present HIV infection is going to be sufficient to qualify them for regular SSDI benefits once their case is reviewed. In order to apply for “presumptive benefits”, the applicant must get form SSA 4814 from their local SSA office and have it filled out by a doctor, detailing the presences of an HIV infection. If, once their entire claim has been reviewed, it is determined they are not eligible for SSDI benefits, applicants who received the “presumptive benefits” do not have to repay them.

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Social Security Holds Compassionate Allowance Hearing For Early-Onset Alzheimers Patients

Aug 7

Posted by Hal LaPray in Alzheimer's Disease, Disability News, Diseases And Conditions, Social Security Disability

Social Security To Add Early Alzheimers To Compassionate Allowance Listings

Officials from the Social Security Administration met last month in an Outreach Hearing to discuss the idea of adding Early-Onset Alzheimer’s Disease and other related dementia illnesses to the Compassionate Allowance Listings.

Testimony was given by Harry Johns, President and CEO of the Alzheimer’s Association.  In an effort to point out that Alzheimer’s Disease can strike before retirement age Mr. Johns stated, ” In the past 3 years, the Alzheimer’s Association has conducted Town Hall Meetings for people with early-stage Alzheimer’s and other dementias. More than half of the people with early-stage Alzheimer’s or dementia who participated in these meetings had been diagnosed before age 65.”

Mr. Johns continued by commenting on how individuals who are diagnosed with Early-Onset Alzheimer’s Disease encounter loss of job, income and health insurance.  “More importantly”, he continued,” we’ve heard a lot about problems many of them have had in applying for and being found eligible for Socil Security Disability Income (SSDI).”

In a March 2008 CBS News report, Dr. Alan Levey, director of Alzheimer’s Research at Emory University stated, “People are still working, then have families, it affects them in amuch different way than if they had been retired for ten years as is often the case.”  Approximately ten percent of all Alzheimer’s patients contract the disease before age 65, and although it is rare, some patients contract the disease in their 50’s.

Compassionate Allowance Listings are a way that the Social Security Administration can quickly identify diseases and conditions that ultimately will qualify under the Listing of Impairments.  The initial list contained 50 conditions and hearings are held to discuss making additions from time to time.

You can watch the videocast of the hearing here.

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Proving Disability for Chronic Back Pain

Jun 4

Posted by Hal LaPray in Back Pain, Diseases And Conditions, Social Security Disability

Back pain is purely subjective. Getting approved for Social Security Benefits usually requires going to a hearing.

I was recently reviewing the medical records of an old case. In this particular matter, the claimant was simply diagnosed with “Failed Back Syndrome”, otherwise known simply as (FBS).  In this regard, the claimant had undergone a previous back surgery to remove a herniated disc in his lower back.  Afterwards, he failed to notice any real improvement, and more importantly, over the course of the next few years, his back became more and more symptomatic, to the point that he was essentially debilitated from any real quality of life.

I remember this client well.  He had worked all his life as a carpenter and was now effectively prevented from performing any meaningful labor.  He became totally dependent on family and friends, he had to move in with in-laws, eventually dwindling into depression and hopelessness.

When he came to me for help, he was amazed when I told him that even though his condition was severe, there was no guarantee that the Social Security Administration would declare him to be disabled.

How To Prove You’re Disabled Because of Severe Back Pain

The nature of pain is purely subjective.  There has been little progress in the medical world to quantify pain, especially when comparing one person’s level of pain to another’s.  Anyone who has been to the doctor for an injury has probably been asked to “rate the level of pain on a scale from one to ten”, but it’s not hard to see that is not an entirely practical or fair measure of the amount of debilitating pain that a patient may feel.  Simply put, pain, in and of itself, is not considered to be a diagnosis.

First, you must show that your back pain prevents you from doing certain things that would normally be expected of someone in any type of job for which they are otherwise qualified.  Sitting, standing, walking, lifting must be affected to a severe degree.  Additionally, the pain must be so that it requires you to take medications that may interfere with your ability to memorize and communicate well.  Lastly, the administrative law judge and other experts at the disability hearing must agree that your pain is significant and debilitating.

What can you do?

Ultimately, you should gather all your medical records, file for social security, and expect to receive a denial of benefits.  Then, find a qualified Social Security Lawyer to help you with your claim.  Cases such as these are rarely approved for Social Security benefits without going to a hearing, and your chance of success is significantly improved if you are represented by a qualified Social Security lawyer.

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