Should I Appeal or File a New Application if My Claim is Denied?

It is generally a serious mistake to file a new application instead of appealing. Filing a new application is more likely to delay your claim than to increase your chances of winning and may cause you to lose your benefits completely.  In certain situations, a failure to appeal may cause you to lose your right to file a new application.  While there are situations, such as a Partially Favorable Decision by an administrative law judge, where it is sometimes advisable to file a new application rather than to appeal these situations are very rare, and you should never take this action without the advice of a very experienced social security advocate.

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Early Symptoms of Lupus, When To Talk With Your Doctor

Lupus is a chronic inflammatory disease in which the body’s immune system attacks its own organs and tissues.  It is accompanied by painful symptoms that can make it difficult to maintain a normal level of activity.  For those suffering severe symptoms, lupus can be debilitating.  The majority of people suffering from lupus are women, most commonly between the ages of 15 and 44.

There are four types of lupus; systemic lupus erythematosus, discoid lupus erythematosus, drug-induced lupus erythematosus and neonatal lupus. Of these, systematic lupus erythematosus is the most common and serious form of lupus.

The early symptoms of lupus are slightly different in each person, and range from mild to severe cases.  Symptoms may also flare up and subside over time.  The most typical symptoms of lupus include unexplained fever, painful or swollen joints, painful and swollen joints, extreme fatigue, swollen glands, unusual hair loss, and anemia.  In some people, a characteristic “butterfly rash” may be visible on the nose and cheeks. Rashes may also occur on the arms, hands, chest, and ears.  Many people with lupus are sensitive to sunlight and may notice that rashes develop or worsen after sun exposure.

The nature of lupus makes it difficult to diagnose, and there is no single test that can confirm a diagnosis.  If you have experienced one or more of the common symptoms listed above, it is important to keep track of when and how often you have experienced each symptom.  It may help to keep a written record of specific symptoms and dates.  Your symptoms, medical history, and medical exams and tests will help your doctor determine whether you may be suffering from lupus.  Depending on your symptoms, your doctor may refer you to a rheumatologist or dermatologist for further evaluation.

Early diagnosis of lupus is especially important for women who are pregnant or trying to become pregnant.  Though most women with lupus can safely conceive and give birth, managing lupus during pregnancy requires careful planning with a physician.  Pregnancy places women at elevated risk for lupus flares and pulmonary hypertension, which can be potentially fatal.  The good news is that babies of mothers with lupus have no greater risk of developing lupus, and only 3% of babies born to mothers with lupus will have neonatal lupus.  By working with your physician to actively manage lupus, women can increase their chances of having a healthy pregnancy.

If you believe that you may be suffering from symptoms of lupus, it’s important to discuss it with your physician.  Early diagnosis is the key to effectively managing and treating lupus.

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Lupus and Social Security Disability, Can You Qualify for Benefits?

The Social Security Administration provides financial support and medical benefits to individuals suffering from qualifying illnesses, injuries, and emotional problems.  These benefits are provided under two programs; Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).  People suffering from chronic medical conditions such as Lupus may be eligible for SSDI or SSI benefits (both commonly referred to as Social Security Disability benefits).

To qualify for either SSDI or SSI, a person must prove that they cannot work, in an occupation for which they are suited, due to a long-term medical condition, must be out of work due to disability for 5 months in order to qualify for benefits, and the medical condition must be expected to last for a minimum of a year or be expected to cause death.   The Social security administration determines which program people qualify for based on work history.  SSDI is available to people have paid into the FICA through their wages.  SSI is for people who meet income guidelines, regardless of work history.

Lupus is a chronic inflammatory disease that occurs when the body’s immune system attacks its own organs and tissues.   There are four types of lupus; systemic lupus erythematosus, discoid lupus erythematosus, drug-induced lupus erythematosus and neonatal lupus. Of these, systematic lupus erythematosus is the most common and serious form of lupus.

The symptoms of lupus vary, making diagnoses difficult.  Physicians sometimes misdiagnosis or dismiss the symptoms.  Initial symptoms include fever, muscle and joint pain, and fatigue.  Other diagnostic factors include dermatological, musculoskeletal, hematological, pulmonary, cardiac, and neurological symptoms, including; skin rashes and lesions, anemia, low white blood cell count, inflammation of organs, pulmonary hypertension and hemorrhage, extreme joint pain, and excess red blood cells and proteins in the urine. Inflammation caused by Lupus can affect many body systems, but it most frequently attacks the skin, joints, blood, heart, lungs, nervous system and kidneys. There is no cure for lupus, but there are treatments for certain symptoms, most commonly immunosuppressants and corticosteroids.

The Social Security Administration has compiled a list of medical conditions so severe that they will most likely cause a person to be declared disabled, called the “Blue Book.”  Systemic lupus erythematosus is included in the Blue Book as a qualifying condition, and lists specific criteria for eligibility.  To see if your lupus is at the listing level, review the Blue Book listing 14.02.

The Social Security Administration denies over 60% of first time disability applicants.  The majority of these applications are denied due to insufficient documentation of their medical condition.   To improve your chances of being approved for Social Security benefits, be sure to submit all available documentation, including; proof of diagnosis, complete medical records, all test results, course of treatment, duration of condition, medications (and any negative side effects), and functional limitations.

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Can you be Awarded Social Security Disability Benefits if you have Ever Used Drugs or Alcohol?

Yes, it is still possible to receive social security disability benefits if you have used illegal drugs or alcohol.  The use of drugs and alcohol is definitely a factor that the state agency and an Administrative Law Judge will consider when deciding your case, but a claim will not be precluded based solely on a history of substance abuse.  It is best to view the significance of substance abuse in your case on a sliding scale.  The effect of substance abuse varies in accordance with the alleged impairments and how recently the illegal substance or alcohol was used.

If the claim is based primarily on a mental impairment, it will be much more difficult to prove that the mental impairment exists independently from the effects of substance abuse.  For example, if a claimant is alleging disability due to depression but continues to smoke marijuana daily, a judge may decide that the marijuana is causing the depression and that the claimant may not carry a true diagnosis of depression.  On the other hand, if your claim is based on a purely physical impairment, the use of drugs or alcohol may not be as damaging.  In a case where a claimant was in a motor vehicle accident and lost the functional use of both his arms, the judge will consider any drug or alcohol use, but it is not as detrimental as if drugs or alcohol directly worsened the impairment.

Ongoing substance abuse may also damage the credibility of a claim.  For instance, if a claimant drinks to the point of intoxication every day then claims that her memory is impaired due to a work injury, the judge may have a difficult time believing her due to her history of alcohol abuse.  If a claimant is continuing to use drugs or alcohol, this is more of an issue than if a claimant used in the remote past.  Having used cocaine once fifteen years ago will not be as damaging to a person claiming a disability as someone who used cocaine for ten years and quit only six months ago.  Keep in mind that the continued use of drugs or alcohol can also hinder the effectiveness of prescription drugs.  Some illegal drugs result in making prescription drugs useless.  The judge may decide that the claimant is not compliant with their medications because they are not being effectively used.

A history of drug or alcohol abuse will not by itself cause your claim to be denied.  It is an aspect that will be measured according to how recently and how often the illegal substance or alcohol was used and what type of impairment you are alleging. Of course, it is best not only for your social security disability claim but for your health to abstain from any illegal drugs or excessive alcohol use.  If you are currently abusing drugs or alcohol, please seek help.

Posted in Basics of SSD, Legal Concepts in SSD, Questions & Answers, Treatment & Compliance, Why People Are Denied, Winning Disability Benefits | 1 Comment