If You Cannot Keep a Job You May Be Disabled

Posted on April 1, 2015 by John R. Heard

In order to prove that you are disabled you have to prove that there is not any job you can do that exists in significant numbers in the national economy if you were hired to do that job. It’s not enough to prove that you couldn’t get hired.  If the standard for disability were to prove that you couldn’t get hired then in difficult economic times when it is difficult to find a job it would be easier to prove you are disabled.  And when times are booming and the economy is great it would be harder to prove you were disabled, so that’s not how the system works.

The system is based around the concept that if you were placed in a job somehow magically, could you perform the duties that go along with that job? There is a very important aspect to the question “could you perform those duties”, and that is could you perform the duties on a sustained basis. Are you able to do that job eight hours a day, five days a week, 50 weeks a year?

Here is an example to illustrate the point.  If we had someone with significant back problems the individual could certainly go in and do some work, maybe even do a job similar or identical to what they did in the past, but not on a sustained basis.  With bad back pain it’s likely the person wouldn’t last more than two or three days and then they would be flat on their back trying to recuperate for another day or two after that. No employer is going to allow you to take off a day or two every week.  If a person takes too many days off because of their condition they cannot sustain employment in a competitive work environment.

Another common example is that people with many medical problems have so many doctor’s appointments that they are constantly having to be at a doctor’s appointments or treatment visits.  These appointments would interfere with their ability to work on a sustained basis.  Other examples would be people who have emotional difficulties, or anxiety or depression issues that come and go.  Certain mental conditions wax and wane, we certainly see this with bipolar disorder.  If those problems are bad enough on bad days to keep someone from work or make them not productive at work then they wouldn’t likely be able to maintain their job.

So even if you have a condition that doesn’t affect you every day, it still could be enough of an erosion in your ability to work to take you out of the running for competitive employment.  Remember to discuss reasons why you don’t think you would be able to sustain employment over time in your disability application forms or at your hearing if that is true in your case.

Of course the law requires medical evidence as proof, and proving sustainability can be hard.  What you need is treating physician evidence from your own doctor(s).  You will want your doctor to complete a form or provide a letter to Social Security detailing the doctor’s opinion on your ability to do work like activities on a sustained basis.  If you have a disability lawyer they will be able to give you these forms.  A doctor who knows you is likely to be able to point to specific aspects of your symptoms & conditions that would make it impossible for you to sustain employment on a consistent basis.

Posted in Capability to Work (Step 5), Past Relevant Work (Step 4), Vocational or Work Issues, Winning Disability Benefits | Comments Off on If You Cannot Keep a Job You May Be Disabled

Stroke and Heart Disease: Can a Stroke Make You Disabled?

Posted on April 1, 2015 by Editorial Board

Heart disease and strokes are the two leading causes of deaths in the U.S. Strokes and heart disease often result due to narrowing of the blood vessels or “atherosclerosis”. Narrowing of blood vessels severely impedes or stops blood flow to important organs like the brain and heart. Blood is vital for carrying oxygen and nutrients to cells in the body and because brain cells are extremely sensitive they begin to die within seconds after blood flow is stopped. This can lead to permanent disability, and even death.

Deposits of “bad”, or LDL, cholesterol are the major cause of atherosclerosis which in turn causes a stroke and heart disease. Atherosclerosis or narrowing of blood vessels occurs when cholesterol and other fatty deposits build up on the inner walls of the blood vessels. Overtime this build up narrows the blood vessels, impeding the supply of blood and oxygen to organs including brain in the body.

Uncontrolled hypertension (high blood pressure) and diabetes also increase the risk of having a stroke or a heart attack. Hereditary factors are also known to play an important role, these problems do run in the family to some extent. Similarly, smoking, alcohol, unhealthy diet, passive or inactive life-styles, stress, and obesity are all important risk factors for heart disease and strokes.

If a man had a mini-stroke or full-blown stroke, the risk of having another one is 4 in 10 within five years. This figure is 2 in 10 for women. Stroke can result in a wide range of disabilities.

The most common impairment is loss of motor control (the ability to move muscles in a coordinated manner). Usually occurring on one side of the brain, stroke causes motor control disorders usually on just one side of the body. It can lead to weakness of muscles (hemiparesis) or complete paralysis (hemiplegia) on the affected side. In case of hemiparesis or hemiplegia, falls are the common complications of such motor control disorders. About 40% of survivors have serious falls within a year of their stroke episode.

Difficulty in swallowing (dysphagia) occurs due to motor disorders involving the mouth, tongue, or throat muscles. It has been seen in about 65% of stroke patients. Dysphagia may result in choking or aspiration of foods or liquid. If food particles enter lungs due to aspiration, it may result in aspiration pneumonia. If not identified early and managed, it can lead to poor nutrition and increased disability.

Memory loss is another important form of disability seen in patients after stroke. Difficulty in recalling simple facts, names, or other important information, and short attention span is commonly seen in these patients. Apraxia is related to the stroke and that mimics dementia symptoms. Apraxic patients are unable to make decisions and carry out simple tasks. Patients with memory problems show a great deal of difficulties at work and may not be able to carry out even simple routine tasks.

Other sensory problems with hearing, vision, touch, or pain perception are not uncommon in stroke patients. In case of weak or paralyzed limbs, the patient may feel pain, numbness, or tingling in the affected limb. Without regular exercise, affected limbs may freeze into place, resulting in loss of function and even chronic pain.

Another important form of disability that may be seen in stroke patients is their problem with communications, a condition called aphasia. A Patient may not be able to transform thought into speech or writing, be unable to comprehend the written or spoken word, or suffer a  complete disruption of language skills.  This would obviously be a disabling impairment.

Depression and tendency towards suicide are often mental health problems in stroke patients. If not treated promptly, these mental problems can lead to severe consequences. These patients show mental instability and personality changes affecting their daily routines at work and at home.

Both heart disease and strokes are mentioned in the medical conditions listed in the Social Security Administration’s impairment listing manual or “blue book”. If you have severe heart disease and/or stroke, you can file for Social Security disability benefits.  Heart disease alone, or just having a stroke, will not automatically mean you qualify for disability benefits.  To win benefits you have to be so severely limited by your medical impairments that you can no longer work full time.

Posted in Heart & Circulation, Neurological Disorders | Comments Off on Stroke and Heart Disease: Can a Stroke Make You Disabled?

Breast Cancer and Social Security Disability Benefits

Posted on October 20, 2014 by Editorial Board

The diagnosis can be frightening.  The fear can be paralyzing.  The questions and the decisions to be made can be overwhelming.  But once you get over the initial shock of hearing the words “breast cancer”, your mind will kick into gear.  Some of the first questions to come to mind after hearing the treatment options are: “Can I continue to work”?  What will I do for income?  What about medical insurance?”  Social Security Disability benefits can help.

Social Security Disability laws describe the conditions that are considered disabling.  Breast cancer is included in the category of malignant neoplastic diseases.  The Social Security Administration (SSA) considers breast cancer to be disabling where there is medical documentation that shows that the patient has locally advanced carcinoma, carcinoma with distant metastases, or a recurrent carcinoma (except a local recurrence that remits with antineoplastic therapy).

In analyzing how disabling your breast cancer is, the SSA will consider where the cancer started, how far it has traveled, and the type of treatment required for your particular cancer.  Sometimes breast cancer is treated only with surgery to remove the tumor or sometimes only with chemotherapy.  Other times, it will require a longer and more complex regimen of surgery, radiation therapy, and chemotherapy.  Sometimes it also includes continuing medication like Tamoxifen and Raloxifene to prevent recurrences.

Social Security Disability laws also specify the types of evidence necessary to prove that a claimant is disabled.  SSA will require medical documentation that clearly identifies the type, extent and site of the primary, recurrent, or metastatic tumor (a tumor that has spread from the primary site to another site in the body).  When a patient has undergone an operation, including a biopsy or a needle aspiration, SSA will need copies of the operative and pathology reports.  It is a good idea to ask your doctor to provide these to you at the time of treatment.  SSA will review medical documentation that explains where and when the cancer spread or recurred, and how well the cancer has responded to treatment.

Because the prognosis for breast cancer patients has improved significantly with more research and better treatment options, many patients are expected to respond well to treatment.  This means that many times, a breast cancer patient will not be found disabled automatically.  In these cases, additional medical evidence may be necessary to prove that the treatment has caused significant physical limitations.  Generally, SSA will want to see at least 3 months’ worth of treatment records to determine if the treatment is having the intended effect and if the benefits of treatment are expected to continue.

It is also very important to keep in mind that some types of treatment cause lasting side effects that impair physical or mental function.  These are called “residuals” or “residual effects.”  This information is also very important to your Social Security disability claim.  For example, certain chemotherapy will have long-lasting or permanent effects on the sensation in your hands or fingers, or removal of lymph nodes may result in lymphedema.  The disease itself and treatment for it may cause depression, which can cause limitations in memory and attention.  Sometimes these residual effects will permanently impair your ability to perform work-related tasks.

After reading about Breast Cancer, and the issues you will face in trying to obtain Social Security Disability benefits, you will have many new topics to consider.  You may decide to get some expert help on your disability claim to answer some of the questions you will eventually come up with.  Talk with a Social Security Disability lawyer, most only charge a fee if they win your case for you, and the fee comes from your back benefits.  Having another professional on your team can help lighten your load, and make this challenging process slightly more manageable.

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Healthy Living Tips for those with Diabetes Mellitus

Posted on October 14, 2014 by Joshua Eyestone

November marks National Diabetes Month. We would like to take a little time to help you learn about diabetes and offer a few words of advice to those with diabetes to help them learn how to live their life to the fullest.

Over 20 million people in America suffer from Diabetes Mellitus (DM) and almost 80 million are at risk to develop DM at some point in their life time. According to diabetes.org recent estimates project that as many as 1 in 3 American adults will have DM in 2050 unless we take steps to stop diabetes. The site also says someone is diagnosed with the disease every 17 seconds of every day, and diabetes kills more people each year than breast cancer and AIDS combined.

If you have DM, you know that caring for your health is very important. When someone first develops diabetes it will cause a significant change in their everyday life.  People with diabetes have to constantly monitor their blood glucose levels, take medications and multivitamins regularly, exercise as much as possible, eat a healthy diet, get a lot of rest, and take good care of their hygiene such as their feet and mouth to prevent other infections or diseases.

Tips for Healthy Living:

1. It is important for someone who has DM to be compliant with their doctor’s orders concerning their medications and life style.
2. Leading a healthy lifestyle can also be a major factor in how someone who has DM feels and lives daily. Eating a healthy diet full of healthy carbs, fiber rich foods, heart healthy fish and good fats is very important. Exercising is also necessary; it will help your blood circulation and should be done regularly.
3. Keeping good hygiene is important so that one does not develop future illnesses or diseases. Taking good care of your feet and mouth is very important for circulation reasons as well as preventing bacteria buildup.

If you suffer from diabetes and follow these tips you can enjoy a better quality of life. It is important to learn more about this disease and how serious it is. Please spread awareness through the month of November. If you know someone who has diabetes, do what you can to help them live their life to the fullest.

Posted in Endocrine System, Health & Wellness | Comments Off on Healthy Living Tips for those with Diabetes Mellitus