Archive for category Diseases And Conditions

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

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

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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