HIV Symptoms that are Severe and Disabling

Posted on August 4, 2010 by Editorial Board

The Social Security Administration (SSA) decides which claims for disability benefits will be awarded, and which ones will be denied.  In cases of an immune system disorder such as HIV/AIDS, they require documentation to prove the presence of the infection and the severity of the disorder. The presence of an immune system disorder such as HIV is confirmed based on the medical history, physical examination reports, laboratory reports, and in some instances, specialized reports such as that of imaging or tissue biopsy reports.

Disabling Symptoms and Conditions

The symptoms or conditions that are considered severe or disabling according to the SSA are given below. These symptoms are categorized based on the causative microorganism that has resulted in the disorder.

  • Presence/recurrence of bacterial infections such as mycobacterial infections, nocardiosis or salmonella infections. The recurrence of any of the bacterial infections that require the individual to be hospitalized or administration of antibiotics through the vein three or more times within a year’s duration is also considered as severe.
  • Recurrent fungal infections
  • Protozoan or helminthic infection that have resulted in symptoms such as diarrhea that have lasted for more than a month’s duration
  • Presence of viral infections such as herpes that has caused infections of the mouth, genitals or in the anal region that lasts more than a month or longer. Further, infections that are causing multiple skin eruptions that are resistant to drug treatment are also considered as debilitating
  • Presence of cancers such as that of the cervix, mouth, lungs, gastrointestinal tract or other organs. Other cancerous conditions such as Kaposi’s sarcoma, lymphoma and squamous cell carcinoma when present are also considered debilitating
  • Involuntary weight loss of 10% of more of the baseline for a particular age, sex and height. This condition is referred to as HIV wasting syndrome and the weight loss is associated with long term diarrhea, weakness and presence of fever [more than 38°C (100.4°F)] for 1 month or longer
  • Diarrhea for more than a month’s duration which is resistant to treatment and requires hospitalization for treatment
  • Presence of any these above listed symptoms that prevent an individual from performing daily activities, social functioning and occupational requirements

It should be noted that disability benefits are not awarded to everyone with HIV/AIDS.  To be awarded benefits the presence of HIV/AIDS must have been confirmed by medically accepted tests or exams, and the individual must be severely limited in their ability to perform work functions preventing him/her from sustaining employment.

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Everyone who gets Approved for Disability Receives Back Pay (past due benefits) as well?

Posted on August 3, 2010 by Editorial Board

Not everyone who gets approved for disability receives past due benefits, but most do.  The amount of past due benefits awarded depends on the date the claim was filed and the date that the judge or disability examiner concludes that the disability began.  For past due benefits, this date must be before the date of the favorable decision, which means most people who file for SSI or social security disability will receive past due benefits.

If you filed for SSI, past due benefits may be awarded from the date of the application.  For social security disability, past due benefits may be awarded from up to twelve months prior to the date of the application.  There is a five month waiting period for social security disability past due benefits, however.

For example, suppose you have a hearing on June 1, 2010 and the judge found you to be disabled as of September 1, 2007.  If you filed for SSI on May 1, 2009, you may receive past due benefits going back to May 1, 2009 because that is the date of your application.  If you filed for social security disability on May 1, 2009, you may receive past due benefits going back to May 2008, since you are found to be disabled at least 17 months prior to the May 1, 2009 application date.

Most disability lawyers only charge a fee if you get back pay.  So you could win your case with an attorneys help, and owe them no fee if you win, but get no past due benefits awarded.  It would be better if you get back pay, but if you don’t at least you don’t have to pay anything to a disability lawyer.  This is just another reason why using a lawyer to help you win your benefits is a wise decision, they only make a reasonable fee when they get you back pay.

Posted in Questions & Answers, Winning Disability Benefits | 2 Comments

Fibromyalgia Symptoms & Treatment Options

Posted on August 3, 2010 by Editorial Board

Symptoms of Fibromyalgia

Approximately two percent of the people in the United States have fibromyalgia.  Symptoms vary by individual, weather, physical activity, stress level, and time of day. Common symptoms include:

  • Widespread pain. Constant dull ache on both sides of the body, including above and below the waist.
  • Tender points. Pain with firm pressure on the back of the head, on top of shoulders and between shoulder blades, on the upper chest and front side of neck, on the outer elbows and inner knees, and/or on the hips.
  • Fatigue and sleep disturbances. Tiredness upon wakening, restless leg syndrome, and sleep apnea.
  • Morning stiffness.
  • Problems with thinking and memory.
  • Other medical conditions that people who have fibromyalgia may also have:
    • Chronic fatigue syndrome
    • Depression
    • Endometriosis
    • Headaches
    • Irritable bowel syndrome
    • Lupus
    • Osteoarthritis
    • Post-traumatic stress disorder (PTSD)
    • Rheumatoid arthritis

Treatment Options

Treatment for fibromyalgia focuses on minimizing symptoms and improving overall health. Self-care, medication, therapy, and alternative treatments play important roles in fibromyalgia treatment.

  • Self-care

Reduce stress. Limit stressful activities, but do not withdraw from life completely. Pace yourself.

Get enough sleep. Keep a regular sleep routine and avoid daytime napping.

Exercise regularly. Regular exercise reduces pain.

Watch your diet. Eat healthy foods. Limit caffeine.

Enjoy life. Do something pleasurable every day.

  • Medication

Antidepressants. The Food and Drug Administration recently approved milnacipran (Savella) to treat fibromyalgia symptoms. Other antidepressants may help promote sleep or relieve pain or fatigue.

Anti-seizure drugs. Prescription medications for treatment of epilepsy may reduce certain pain associated with fibromyalgia. Pregablin (Lyrica) is the first medication the Food and Drug Administration has approved to treat fibromyalgia.

Analgesics. Over-the-counter pain relievers such as acetaminophen, aspirin, ibuprofen, and naproxen sodium can ease the pain and stiffness of fibromyalgia. Doctors may prescribe Tramadol (Ultram) to be taken alone or with other medications.

  • Therapy

Physical therapy or specific exercises may relieve pain and restore muscle balance. Stretching and hot/cold applications may also help. Physical therapists can design exercise routines for people with fibromyalgia.

Counseling and behavioral therapy can help people deal with stressful situations and the pain and fatigue of fibromyalgia.

  • Complementary and Alternative Medicine

Ninety percent of people with fibromyalgia use some form of complementary and alternative treatments such as acupuncture, biofeedback, chiropractic care, hypnosis, magnesium supplements, magnet therapy, massage therapy, and/or tai chi.  Scientific research on the effectiveness of such treatments is limited; however, some patients report relief from using these alternative treatments.

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US Disability Claims Are Rising, Is The Economy To Blame or Is It Aging Baby Boomers?

Posted on August 3, 2010 by Editorial Board

The Social Security Administration (SSA) provides financial support and medical benefits to people who are unable to work due to illness or injury.  These benefits are provided under two programs; Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Social Security Disability claims have risen steadily in the past several years.  In 2008, approximately 8.5 million people received Social Security Disability benefits, a 20% increase over 2003.  This increase in SSA claims most recently coincides with the recent economic downturn.  Are the two trends that are both leading to increased applications related?

As the average recipient of SSA benefits is over 52 years old, it would seem reasonable that aging baby boomers are responsible for the increase.  A large portion of new claims are made by baby boomers who were born between 1946 and 1965.  The oldest boomers are now in their mid 60s, an age when many people face disabling injuries and illnesses.  The boomers make up the largest portion of the workforce, and are now creating a bottleneck in an over-burdened disability system.

There is, however, some alternative evidence that suggests that the increase in disability applications is due to the poor state of the economy.  In a healthy economy, disabled workers often remain in the workforce as long as possible enduring pain or discomfort for a pay check.  Workplace accommodations allow many disabled workers to carve out a niche, allowing them to continue working.  When a disabled person’s job is eliminated, they often find it difficult to find a new position that will accommodate them, and have no choice but to file for Social Security disability.

Regardless of the reasons, one thing is clear: the increase in claims has caused a backlog at the SSA.  The SSA has long been known for long wait times and a large frustrating bureaucracy.

In order to qualify for SSI or SSDI, a person must be afflicted with an illness or injury that prevents them from doing any work, and is expected to last at least a year or result in death.  Because the definition of “disability” is different for each condition and is somewhat subjective in general, SSA examiners often err on the side of caution and issue rejections on questionable cases.  Approximately 65% of first-time applicants are rejected due to insufficient documentation.  Rejected applicants often embark on a lengthy appeals process, and in some cases, a hearing.  In some areas of the country, it can take more than a year to get a hearing.

The increase in SSI and SSDI claims and the resulting delays are causing serious financial hardship for some disabled individuals.  Applicants typically must be out of work for 5 months or more before receiving benefits.  This requirement, combined with rejections and delays, has many applicants waiting months or even years for assistance.

Posted in Disability News | Comments Off on US Disability Claims Are Rising, Is The Economy To Blame or Is It Aging Baby Boomers?