If you are applying for Social Security Disability Insurance (SSDI) benefits and your initial application is denied, you have the option to appeal the decision. However, the appeals process can be lengthy and complex. It is important to understand the average timeline for a social security disability appeal and how to prepare for the process.

SSDI Appeals Timeline

The average timeline for SSDI appeals can vary depending on a number of factors, including the level of appeal, the complexity of the case, and the backlog of cases in your area. Generally, there are four levels of appeal:

  1. Reconsideration: If your initial application is denied, you can request a reconsideration. This involves a review of your case by someone who was not involved in the initial decision. The average processing time for reconsideration is about three to six months.
  2. Hearing: If your request for reconsideration is denied, you can request a hearing before an administrative law judge (ALJ). The average processing time for a hearing is about 12 to 24 months.
  3. Appeals Council: If your hearing decision is unfavorable, you can request a review by the Appeals Council. This involves a review of your case by an administrative law judge at the Appeals Council level. The average processing time for an Appeals Council review is about 12 to 18 months.
  4. Federal Court: If your Appeals Council review is unfavorable, you can file a civil suit in a Federal district court. This level of appeal can take around two years depending on the complexity of the case and the court’s schedule.

Why Do Disability Appeals Take So Long?

There are a few reasons why SSDI appeals can take a long time. One reason is the backlog of cases at each level of appeal. There are often more cases than there are administrative law judges and staff to review them, which can cause delays in the processing time.

Another reason for lengthy time frames is the complexity of the appeals process. Appeals can involve gathering medical records, obtaining statements from doctors and other healthcare professionals, and presenting evidence to support your claim. This process can be time-consuming and require a lot of coordination and organization.

SSDI appeals involve legal and medical concepts that can be difficult to understand for people who are not familiar with the process. It is helpful to have an experienced SSDI attorney on your side to help navigate the appeals process and ensure that your case is presented in the best possible light.

How to Prepare for the Appeals Process

If you are planning to appeal a denial of SSDI benefits, it is important to be prepared for the process. Here are some tips to help you prepare:

  • Keep detailed records of your medical treatment, including doctor’s visits, hospitalizations, and medications.
  • Obtain copies of all medical records related to your disability.
  • Make a list of all healthcare professionals who have treated you for your disability, including doctors, nurses, therapists, and social workers.
  • Consider hiring an experienced SSDI attorney to help you navigate the appeals process.
  • Be patient and persistent. The appeals process can be frustrating, but it is important to stay focused and committed to your case.
  • Attend all scheduled medical appointments and follow your doctor’s treatment plan. This will help to establish the severity of your disability and demonstrate your commitment to improving your health.
  • Keep your attorney informed of any changes in your medical condition or treatment plan.

Hire an Experienced Disability Attorney to Help

The average timeline for social security disability (SSDI) appeals can be lengthy, but it is important to be prepared for the process and work with an experienced disability attorney to navigate the appeals process. With patience and persistence, you can increase your chances of success and obtain the benefits that you deserve.

Social Security Disability Insurance (SSDI) is a federal program that provides financial assistance to people who are unable to work due to a disability. Medicare and Medicaid are two government-sponsored healthcare programs that provide healthcare coverage to eligible individuals. Many people who receive SSDI benefits also qualify for Medicare or Medicaid benefits, but there are some regulations and limitations that apply.

Can you have SSDI with Medicare or Medicaid benefits at the same time?

Yes, it is possible to receive SSDI with Medicare or Medicaid benefits at the same time. In fact, many people who receive SSDI benefits are automatically enrolled in Medicare after a two-year waiting period. Medicaid eligibility varies by state, but in general, people who receive any amount of Supplemental Security Income (SSI) benefits may also qualify for Medicaid coverage.

Does utilizing Medicare affect SSDI payment amounts?

No, utilizing Medicare does not affect SSDI payment amounts. The amount of SSDI benefits that a person receives is based on their average lifetime earnings and other factors such as their age, disability status, and work history. Medicare is a separate program that provides healthcare coverage to eligible individuals.

What are the regulations regarding personal income amounts that may affect Medicare and SSDI eligibility?

The regulations regarding personal income amounts that may affect Medicare and SSDI eligibility can be complex, and they vary depending on a number of factors such as age, disability status, and work history. However, in general, there are some key things to keep in mind.

  1. SSDI benefits are only available to people who have paid into the Social Security system through their employment. To be eligible for SSDI, a person must have earned enough credits based on their age and work history. The amount of credits required to be eligible for SSDI varies by age. 
  2. There are income limitations that may affect a person’s eligibility for both Medicare and Medicaid. For example, to be eligible for Medicaid, a person’s income must be below a certain level. 
  3. There are regulations regarding the amount of income a person can earn while receiving SSDI benefits. If a person earns more than a certain amount of money from working, it could potentially make them ineligible for SSDI benefits. This is known as the “substantial gainful activity” (SGA) limit. The SGA limit for 2024 is $1,550 per month for non-blind individuals and $2,590 per month for blind individuals.
  4. There are regulations regarding the amount of income a person can earn while receiving some Medicare benefits.There are income limitations that may affect a person’s eligibility for Medicare Part B premiums. If a person’s income is above a certain level, they may be required to pay a higher premium for their Medicare coverage.

It is possible to receive SSDI and Medicare/Medicaid benefits at the same time. If you have questions about your eligibility for SSDI, Medicare, or Medicaid, it is important to speak with a qualified professional who can help you navigate the regulations and requirements. Reach out to one of our experienced disability attorneys for more information or for help applying for SSDI benefits. 

When you apply for SSDI, it can be a complicated and challenging process. From navigating complex eligibility requirements to providing the necessary medical evidence, there are many nuances to the application process. That’s why hiring an attorney who specializes in SSDI claims can make a big difference in the outcome of your application.

Completing Your Applications

One of the key benefits of hiring an attorney for your SSDI claim is that they can help ensure that your application is completed correctly and that all the necessary information is provided. This can increase the likelihood that your application will be approved by the Social Security Administration (SSA). Attorneys who specialize in SSDI claims are familiar with the eligibility requirements and know what types of medical evidence are necessary to support a claim. They can also help ensure that your application is submitted in a timely manner, which is crucial in the SSDI application process.

Easier Appeal Process

Another key benefit of hiring an attorney when you apply for SSDI is that they can help with the appeals process if your initial claim is denied. Many SSDI claims are denied initially, but an attorney can help you navigate the appeals process and request the necessary evidence to support your claim. This can significantly increase your chances of being approved for SSDI benefits.

Get Additional Backpay

In addition to helping with the application and appeals process, attorneys who specialize in SSDI claims can also help clients increase the amount of backpay they receive with their claims. The SSA often changes the date of disability onset, reducing the amount of backpay benefits. If you have already been approved for SSDI benefits but did not receive payments for all the months you were unable to work, an attorney can help you appeal the decision and get the benefits that you deserve. Attorneys can also help clients navigate the complex rules and regulations that govern SSDI benefits, ensuring that they are receiving the maximum amount of benefits possible.

What To Know About Hiring a Disability Attorney

One common misconception about hiring an attorney for your SSDI claim is that it is too expensive. However, most SSDI attorneys work on a contingency basis, which means that they only get paid if you win your claim. The fee is typically a percentage of your back pay, which is the amount of money that you are owed from the date of your disability to the date that your claim is approved. This means that you don’t have to pay any attorney fees upfront, and you can be confident that your attorney is working hard to get you the benefits that you deserve.

Another common misconception is that hiring an attorney is unnecessary if you have a strong case. However, even if you believe that you have a strong case, there are many nuances to the SSDI application process that an attorney can help you navigate. For example, an attorney can help ensure you avoid common mistakes that can result in your claim being denied or delayed.

Ready to apply for SSDI? Hiring an attorney who only works with Social Security disability claims can make a big difference in the outcome of your application. Our experienced disability attorneys can help ensure that your application is completed correctly and that all the necessary information is provided. We can also help expedite the appeals process if your initial claim is denied and ensure you receive compensation for all the eligible months you are rightfully entitled. If you are considering applying, appealing, or need assistance with an unfair approval, let us help you navigate the complex SSDI application process and get you the benefits you deserve.

Applying for Social Security Disability Insurance (SSDI) can be a complicated and lengthy process. Unfortunately, there are many common mistakes that applicants make that can result in their claim being denied. In this article, we will discuss the top 10 most common mistakes to avoid when applying for SSDI.

1. Failing to meet the eligibility requirements

The first and most obvious mistake is to apply for SSDI without meeting the eligibility requirements. To qualify for SSDI, you must have a disability that prevents you from performing substantial gainful activity (SGA) and that is expected to last for at least 12 months or result in death. You also need to have earned enough work credits by paying Social Security taxes over a certain period of time.

2. Waiting too long to apply

Many people make the mistake of waiting too long to apply for SSDI. The process can take several months or even years, so it is important to apply as soon as you become disabled and meet the eligibility requirements.

3. Not seeking medical treatment

It is essential to seek medical treatment for your disability and provide medical evidence to support your claim. Without medical evidence, it will be difficult to prove that you have a disabling condition that meets the eligibility requirements for SSDI.

4. Not following doctor’s orders

If you are not following your doctor’s orders and not doing what you can to manage your condition, it may be difficult to convince the Social Security Administration (SSA) that your condition is severe enough to prevent you from working.

5. Not being honest about your condition

It is important to be honest and forthright about your condition when applying for SSDI. If you try to downplay your symptoms or exaggerate your limitations, it may raise red flags with the SSA and result in your claim being denied.

6. Failing to provide complete information

When applying for SSDI, it is important to provide complete and accurate information about your medical condition, work history, and other relevant information. Failure to provide complete information can result in delays or denial of your claim.

7. Not appealing a denied claim

If your claim is denied, it is important to appeal the decision within the timeframe allowed. Many claims are denied initially but are approved on appeal.

8. Failing to get help from an attorney or advocate

Navigating the SSDI application process can be complex and confusing. It is important to get help from an attorney or advocate who is experienced in SSDI claims.

9. Not following up on your claim

It is important to follow up on your claim and make sure that the SSA has received all the necessary information. Failure to follow up can result in delays or even denial of your claim.

10. Being impatient

Finally, it is important to be patient when applying for SSDI. The process can take several months or even years, and it is important to stay positive and persistent throughout the process.

Applying for SSDI can be a challenging and complicated process. However, by avoiding these common mistakes, you can increase your chances of success. Seek medical treatment, provide complete and accurate information, be honest about your condition, and get help from an experienced attorney or advocate. With patience, persistence, and some assistance from an experienced disability attorney, you can increase your chances of receiving the SSDI benefits you deserve.

Social Security Disability Income (SSDI) and Social Security Income (SSI) are two types of government programs designed to provide financial assistance to those who are unable to work or have limited income. While these programs are helpful for those who are eligible, they can also have an impact on other government benefits like Supplemental Nutrition Assistance Program (SNAP) and Medicaid. Does social security disability count as income? Find out how getting disability benefits can affect ACA and other government program eligibility. 

Calculating Overall Income

When it comes to calculating overall income, SSDI and SSI payments are both considered sources of income. However, the way these payments are treated can differ depending on the program in question. For example, when determining eligibility for Medicaid, both SSDI and SSI payments are counted as income. This means that if your income exceeds the Medicaid income limit, you may not be eligible for the program. In some cases, individuals may need to spend down their income or assets in order to qualify for Medicaid.

Similarly, when it comes to Supplemental Nutrition Assistance Program (SNAP), SSDI and SSI payments are counted as income. However, the amount of the payment is also taken into consideration. This means that if you receive a large SSDI or SSI payment, your SNAP benefit may be reduced or eliminated entirely. On the other hand, if your SSDI or SSI payment is relatively small, you may still be eligible for SNAP.

Affordable Care Act and SSDI

When it comes to the Affordable Care Act (ACA), SSDI and SSI payments are not considered when determining eligibility for insurance. This means that even if you receive SSDI or SSI payments, you may still be eligible for ACA insurance. However, it is important to note that other factors, such as household income, may still impact eligibility. Additionally, those who receive SSDI or SSI may also be eligible for Medicare, which is a government-funded health insurance program for those over the age of 65 or certain disability recipients.

It is important to note that while SSDI and SSI payments are considered income for certain government programs, they are not considered taxable income by the IRS. This means that you will not have to pay taxes on your SSDI or SSI payments.

Consult with a Disability Attorney

Overall, SSDI and SSI payments can have a significant impact on your eligibility for other government programs. If you are receiving these types of payments, it is important to understand how they may impact your ability to receive benefits like Medicaid, ACA, SNAP, or other assistance programs. By working with one of the experienced disability attorneys at the Law Offices of Karen Kraus Bill, you can confirm how your application for SSDI will affect other benefits you may be receiving and whether or not you will remain eligible for them in the future. Visit the website to schedule a free evaluation

As a person with a disability, you’ve likely relied on Social Security Disability (SSD) payments to help make ends meet. But when does Social Security Disability end, and what are your next steps?

When Does Social Security Disability End?

If you’re under full retirement age (between the ages of 62 and 67, depending on your birth year), your SSD benefits will end if you’re able to return to substantial gainful activity (earning more than a certain monthly amount from work). If you reach full retirement age while receiving SSD benefits, your payments will automatically convert to retirement benefits. However, if you continue to work and earn above the substantial gainful activity amount, your SSD benefits will end.

So, what can you do if your SSD benefits end or if you reach full retirement age and want to extend your disability payments?

File For An Extension

If you’re still unable to return to work, you can file for a continuation of your SSD benefits. This process is called a “review,” and it involves proving that your medical condition has not improved and that you’re still unable to work.

photo of desktop computer with a social security disability claim pulled up to show when social security disability end

Try Work Incentives

The Social Security Administration offers several work incentives to help people with disabilities return to work while still receiving some benefits. For example, the Ticket to Work program provides access to employment services and support, while the Impairment-Related Work Expense (IRWE) deduction allows you to deduct certain expenses related to your disability from your earnings.

Consider Transitioning to Social Security Income (SSI) at Age 65: 

If you reach full retirement age and your SSD benefits end, you may be eligible for SSI, which is a needs-based program for people with limited income and resources. To be eligible, you’ll need to meet certain financial requirements and have a disability that’s expected to last for at least one year.

Transitioning from SSD to SSI can be a big change, but there are resources available to help you make the transition. For example, the Social Security Administration’s Work Incentives Planning and Assistance (WIPA) program provides free, personalized assistance to help you understand the benefits and work incentives available to you.

Making the transition from SSD to SSI can be a challenging process, but with the right resources and support, it’s possible to maintain your financial stability.

Contact The Law Offices of Karen Kraus Bill

The end of your SSD benefits doesn’t have to signal the end of your financial support. Whether you’re able to extend your SSD payments, try work incentives or transition to SSI, there are options available to help you continue to live with dignity and security. Don’t hesitate to reach out to the disability attorneys at the Law Offices of Karen Kraus Bill for assistance. 

Many of us have had discomfort or tingling in our hands and wrists, maybe as a result of spending too much time on our smartphones, typing on computers or working with tools. In other situations, this tingling and discomfort are caused by a disease known as carpal tunnel syndrome. Carpal tunnel syndrome may result in a variety of symptoms. It may even impair your ability to do fundamental tasks such as typing, gripping a pen or pencil, or lifting and carrying items. If your carpal tunnel syndrome is severe enough that you are unable to work, you may be asking, can you get disability for Carpal Tunnel Syndrome? 

What Is Carpal Tunnel

Carpal Tunnel is inflammation of the median nerve that passes through the carpal tunnel, a tiny canal enclosed by bones and ligaments. Carpal tunnel syndrome produces numbness, tingling, and arm weakness. A person with CTS may also lose strength in their hands and drop items. Causes of CTS include health issues, repetitive hand movements, and wrist structure.

Carpal tunnel syndrome occurs when the nerve is squeezed. Thanks to the median nerve, you can feel your thumb and fingers (other than the little finger). It also tells muscles surrounding your thumb’s base to move.

Obtaining Carpal Tunnel Syndrome Disability Benefits

To be eligible for Social Security Disability payments, you must demonstrate that you fulfill the requirements in one of the agency’s impairment listings (from the “blue book”), that your symptoms are substantial “equivalent” to the criteria in one of the impairment listings, or that you are unable to work any job due to your restrictions.

Unfortunately, Social Security claims examiners seldom conclude that the symptoms of carpal tunnel syndrome alone are severe enough to warrant disability. However, many disability applicants have been successful in obtaining disability payments on appeal by using one of the strategies listed below.

Meeting or equaling the requirements of an Impairment Listing

Carpal tunnel syndrome is not listed as a disability, but if there is nerve damage, your disease may be classified as peripheral neuropathy. However, the listing standards for peripheral neuropathy are very tough to achieve, much more so for someone who has carpal tunnel syndrome. When the carpal tunnel ligaments lead you to lose functional use of your wrists and hands, your condition may be classified as a soft tissue injury.

Alternatively, carpal tunnel syndrome may be a symptom of another condition that is listed as an impairment. Among the mentioned impairments that may cause or contribute to carpal tunnel syndrome are the following:

  • Diabetes
  • Arthritis
  • Lupus
  • Scleroderma
  • Renal failure

Medical Proof

Diagnosing carpal tunnel syndrome might be difficult. Numerous test findings may increase the likelihood of a diagnosis of CTS. CTS is diagnosed by demonstrating three components: common symptoms, specific physical evidence, and aberrant electrodiagnostic test results, such as electromyography. 

While a diagnosis of CTS is beneficial, it is not sufficient to establish disability. You must establish your inability to work. Grip strength and dexterity tests may be used to demonstrate a decline in your ability to utilize your hands and fingers efficiently.

Inability to Work Due to Physical Impairments

If your carpal tunnel syndrome is severe enough, you may be eligible for disability payments if you demonstrate an inability to work. Social Security uses the Residual Functional Capacity (RFC) evaluation to determine your physical and mental capacity to do a job.

Carpal tunnel syndrome primarily impairs your physical skills, but the discomfort associated with it may impair your mental skills as well, such as your ability to focus.

Physical exertion and constraints

Social Security will evaluate your capacity to work depending on the degree of physical effort you are capable of doing. Social Security considers your capacity to lift, carry, and hold objects, as well as to conduct delicate manipulation with your fingers when determining your physical ability with your arms.

For those who suffer from carpal tunnel syndrome, difficulty with fine motor skills encompasses all tasks that require the use of one’s fingers. This makes performing a job that requires these skills nearly impossible. Additionally, weakness in your hands may make grasping and carrying things difficult, preventing you from doing tasks that need you to use handheld tools or pick up items with your hands.

Allowance for medical-vocational

Social Security recognizes that the loss of fine motor skills may severely limit the types of jobs available to persons who can only do sedentary or light labor. If your carpal tunnel syndrome is severe enough that your ability to use your hands is severely restricted, and Social Security believes your diagnosis of CTS and functional restrictions are believable, the agency may agree that you are unable to do any tasks that require “less than sedentary” employment. As a consequence, you may be eligible for benefits via a medical-vocational allowance.

Can You Get Disability For Carpal Tunnel Syndrome By Hiring An Attorney?

While the ailment is often manageable, it may develop serious enough that a person is unable to work due to discomfort and limits in their ability to use their hand and arm. If your CTS prevents you from working, you may be eligible for compensation.

At The Law Offices of Karen Kraus Bill, we are committed to assisting those with disabilities who are unable to work. Contact our office to schedule a consultation and answer the question, can YOU get disability for Carpal Tunnel Syndrome! We will assist you in gathering documents and assembling a compelling application for benefits, as well as advocating for you throughout the process!

Are you someone who has been diagnosed with kidney disease? Wondering if you can get disability for kidney disease? The Social Security Administration (SSA) provides financial assistance to individuals who are unable to work on a monthly basis. Although kidney disease does not automatically qualify for benefits, thousands of individuals who have been out of work for a year or longer due to kidney disease may qualify.

Social Security Disability Benefits

The Social Security Administration (SSA) provides two kinds of payments to disabled individuals: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI is a work-based program, while SSI is need-based.

You must be determined disabled through the SSA’s Five-Step Sequential Evaluation to be eligible for any benefit. The first step is to apply for disability benefits either online or with a local Social Security Administration office. You may seek the advice of a disability attorney to file your initial application for disability for kidney disease. 

Kidney Failure: Acute vs. Chronic

Kidney failure may be acute or chronic (prolonged). Acute kidney failure may be caused by a decrease in blood flow to the kidneys, medication/infection/toxin damage, or a blockage. You may experience difficulty urinating and have swelling in your extremities if you have acute renal failure. Although most patients recover from acute kidney failure, persistent kidney damage may occur, resulting in chronic renal disease.

Chronic kidney disease lowers kidney function over time and, depending on severity, may need dialysis or a kidney transplant. As waste builds in the body, severe chronic kidney disease produces electrolyte imbalance and edema (swelling). 

Disability For Kidney Disease

The SSA Blue Book defines the conditions that are qualified for disability payments and the test results or symptoms that must be present for the condition to be recognized as a disability. To qualify for disability compensation, you must generally meet or exceed at least one of the requirements.

Kidney disease is covered in Section 6.00 of the Blue Book under Genitourinary Disorders. For the SSA to consider your kidney condition a disability, at least one of the following must be true:

  • You suffer from chronic Kidney (renal) disease and need dialysis.
  • You have chronic kidney disease and had a kidney transplant within the last year.
  • You have chronic kidney disease with decreased kidney function and at least one of the following symptoms:
  1. Renal osteodystrophy: a bone disease caused by failing kidneys, characterized by significant bone pain and anomalies.
  2. Peripheral neuropathy: a nerve disease that causes pain, numbness, tingling, and muscular weakness throughout the body as a result of toxins that the kidneys were unable to filter out.
  3. Fluid overload syndrome: a disorder in which water and salt are retained in the body, resulting in unusually large blood vessels, high blood pressure, skin inflammation, or a BMI of 18.0 or less due to weight loss.
  4. Anorexia with weight loss measured by a body mass index (BMI) of 18.0 or below, calculated at least twice in a 12-month period at least 90 days apart.
  • You have nephrotic syndrome (where protein is lost in the urine), as shown by testing twice a year, at least 90 days apart, and skin inflammation for at least 90 days.
  • You have chronic kidney disease and have been hospitalized at least three times in the last year as a consequence of complications. They must occur at least 30 days apart and last at least 48 hours, including time spent in a hospital emergency room prior to hospitalization.

The Social Security Administration (SSA) will administer a Residual Functioning Capacity (RFC) assessment, which is a questionnaire that assesses your capacity to stand, sit, walk, lifting weight, and complete other daily tasks. Even if you do not fit into any of these categories, you may be eligible for disability for kidney disease if treatments prevent you from working. If your kidney disease prevents you from performing a job, you may be eligible for disability benefits.

Hire an Experienced Disability Attorney

While qualifying for disability for kidney disease is frequently straightforward, not all applicants have a fast or easy case assessment. Discuss your symptoms with your doctor to record your condition and ensure that the SSA has all the necessary information and medical documents to assess your claim. You may also want to seek the assistance of an experienced Social Security advocate or attorney, particularly if your kidney condition prohibits you from working but does not fall under one of the Blue Book categories described above.

Our Columbia, MO disability attorneys want to help you secure the Social Security Disability benefits you need and deserve. Visit our website today to learn how to receive a free evaluation!

Diabetes is a metabolic disorder in which the body is unable to handle and absorb glucose (sugar) sufficiently due to inadequate insulin production or insulin resistance. Diabetes comes in various forms, including Type I, Type II, Type III, and gestational. So, can you get disability for diabetes?

Types Of Diabetes

Type I diabetes, also called Diabetes Mellitus, often develops during childhood. This usually indicates that the pancreas is producing insufficient insulin to metabolize the blood glucose, which may occur due to pancreas-related damage or illness. Type I diabetes patients need insulin because their bodies do not manufacture enough insulin.

Type 2 diabetes, known as adult-onset diabetes, develops when the body’s cells develop insulin resistance and therefore cannot metabolize adequate glucose. Type 2 diabetes is most prevalent in adults over 45 and is closely connected with obesity, hypertension, and a sedentary lifestyle. Additionally, genetic factors contribute to the development of Type 2 diabetes.

Type 3 diabetes is a suggested name for Alzheimer’s disease, caused by insulin resistance in the brain. It is not yet a recognized medical term or illness, but it is being utilized in studies into the causes of Alzheimer’s disease.

Gestational diabetes is a kind of diabetes that may develop in women who do not already have the disease during pregnancy.

Symptoms Of Diabetes

The common symptoms of diabetes vary by individual. Still, the commonalities often include frequent urination, blurred vision, excessive thirst, dark skin patches, constant hunger, lethargy or exhaustion, and tingling in the hands or feet. These symptoms, which can be severe, leave diabetic patients unable to work and lead them to ask an attorney, “can you get disability for diabetes, and how do you qualify?”

Numerous diabetic patients have neuropathy (nerve damage), which most often affects the hands and feet. Diabetes may also result in severe eye issues, such as retinopathy, glaucoma, cataracts, and blurred vision. Because of their blood sugar levels, people with diabetes often have a more difficult time recovering from infection or skin lacerations. Additionally, if a diabetic patient has neuropathy, they may not detect an injury as quickly as ordinary individuals, particularly to the foot. These variables predispose diabetes patients to acute infections, which may result in amputation and other catastrophic consequences. Diabetic patients are also at a higher risk of developing kidney disease, ketoacidosis, hypertension, and stroke.

Can You Get Disability For Diabetes With Complications?

Diabetes is covered in Section 9 (Endocrine) of the Social Security Administration’s “Blue Book” listing of debilitating ailments under paragraph 9.B5 (Diabetes mellitus and other pancreatic gland disorders).

Although a diagnosis of diabetes does not automatically qualify a person for SSDI benefits, any of its complications may very likely qualify a person for SSDI payments. These complications include:

  • Neuropathy
  • Retinopathy
  • Ketoacidosis
  • Hypertension
  • Diabetic Kidney Disease
  • Vascular Disease
  • Hyperglycemia that persists
  • Hypoglycemia on a long-term basis
  • Coronary arteriopathy
  • Cognitive impairments

Among other complications, they are all included in a diabetic disability claim.

Suppose you have uncontrolled diabetes and have been unable to work for at least 12 months or anticipate being unable to work for at least 12 months. In that case, you may qualify for Social Security disability (SSDI/SSD) or Supplemental Security Income (SSI) payments. To qualify for disability benefits, however, the damage caused by diabetes must significantly impede your capacity to work, or you must have problems that meet the criteria for one of Social Security’s disability categories.

If your diabetes is uncontrolled as a result of your failure to adhere to your doctor’s advised medication, you will not qualify for disability.

How Limiting Is Diabetes For You?

Even if you do not fulfill a listing, can you get disability for diabetes? To decide if your diabetes significantly impairs your everyday functioning to the point that you are unable to work, the Social Security Administration (SSA) or state agencies (referred to as Disability Determination Services, or DDS) will examine your residual functional capacity (RFC). Most individuals who apply for disability payments based primarily on diabetes are first refused benefits and must submit an appeal to get a hearing before an administrative law judge.

Your RFC is a measure of the amount of activity you can continue to do while having diabetes. For instance, an RFC may determine that you are competent in undertaking a medium-level job, light-level labor, or sedentary work. The SSA will consider your medical history, doctor’s opinion(s) (if they specify your functional limits and are supported by medical evidence), and comments from you, your family, and friends in determining your RFC.

The SSA is also interested in your ability to concentrate on duties, work well with others, and report to work on a consistent basis. For instance, if your glucose levels are poorly maintained during the day, the insurance adjuster may discover that you cannot focus for extended periods. If you are suffering from depression or excessive exhaustion, your RFC may claim that you are unable to work consistently and regularly.

Applying For Disability Benefits

If you are unable to work due to health impairments caused by Type 1 or Type 2 Diabetes, you may be eligible for Social Security Disability benefits.

Proving disability due to diabetes and its associated conditions can be complex. Working with your doctors and a qualified Social Security Disability attorney can help ensure that your disability case has the best possible chance of success. Contact The Law Offices Of Karen Kraus Bill to help get you the benefits that you not only need but that you deserve!

After spending most of your life working and paying into Social Security, one day, you may become unable to continue working due to your age or perhaps your declining health. You may consider filing for disability benefits. Applying for disability benefits may feel intimidating and confusing. Many people are left wondering, “Do I need a lawyer for social security disability?” 

Do I Need a Lawyer for Social Security Disability?

While you are not required to hire a lawyer during the Social Security Disability application process, having legal counsel will significantly decrease your chances of being denied benefits. Many people assume that the application process is quick, easy, and only requires filling out a few forms. This is not the case when it comes to applying for disability benefits. The application process can be complex, and it requires extensive paperwork, medical records, and other personal information. Errors or omissions could impact your claim negatively and may result in a denial of benefits. If you were denied benefits, having a disability attorney to help you through the next steps will make the process much easier. 

What Is Required When Applying For Disability? 

When applying for disability, you will need to present information about your medical condition, work history, and other personal information. It is crucial to provide complete and accurate information during the application process. 

A Disability Attorney Can Help You Organize the Required Information

Compiling all of the required information on your own can be difficult and tedious. A disability attorney can assist you in organizing the correct information and ensuring it is comprehensive and satisfactory. 

Medical Information

  • Name, address, and telephone number of all treating physicians 
  • Dates and names of any medical tests you have undergone
  • Names of medications you are taking and the prescribing doctor

Personal Information

  • Your social security number
  • Your date and place of birth
  • Name and birth dates of any children who are minors
  • Your current or former spouse’s social security number and date of birth as well as the place of marriage and date of divorce or death if applicable
  • Your banking information including bank name and routing number or account number

Work Information

  • Names and addresses of employers from the current year and year prior
  • A copy of your Social Security Statement
  • The amount of money earned in the current year and previous year
  • A list of up to five jobs you have had in the last 15 years with dates of employment
  • Information regarding any workers’ compensation benefits you field or intended to file for
  • The start and end dates of any active-duty U.S. military service prior to 1968

What Happens If I Am Denied Benefits?

Finding out that you have been denied your benefits can feel frightening, but a majority of clients are denied on the application. There are many reasons why your disability claim may have been denied and it can be remedied. You may have filed the incorrect claim type, failed to show adequate medical proof, you may earn too much money, or it could be something else. If you were denied, your claim could be reevaluated during the appeals process. It is not recommended to attempt an appeal without the assistance of a knowledgeable disability attorney. Disability attorneys have experience with the Social Security claims process as well as insights into the specific requirements to get approval. 

The Law Offices of Karen Kraus Bill Can Help

Whether you are applying for the first time or need to appeal a denial, the disability attorneys at the Law Offices of Karen Kraus Bill are ready to assist you. Applying for SSDI or SSI on your own might seem straightforward at first, but you will quickly discover a lot goes into the process. Mistakes or missing information on the application can result in a denial or reduced payments. The attorneys and staff at the Law Offices of Karen Kraus Bill have filed hundreds of applications. Contact us today for a free consultation.