Thursday, September 29, 2022

Can You Claim Disability For Arthritis

Disability Tax Credit For Arthritis And Walking Impairments

Can I get Disability Benefits if I Suffer from Arthritis?

Arthritis is commonly thought of as a singular disorder, though the term is an umbrella description used to encompass over 100 different conditions associated with joint pain. Arthritic conditions affect over 4.6 million adults in Canada each year, and the condition can vary from minor joint pain to permanently disability. Many who suffer from conditions under the umbrella of arthritis often qualify for Disability Tax Credit for Arthritis, a form of assistance from the Canadian government.

FIND OUT IF YOU ARE ELIGIBLE TORECEIVE THE DISABILITY TAX CREDIT!

Compensation And Pension Exams For Psoriatic Arthritis

Once a claim has been filed, VA may request a Compensation and Pension exam, or C& P exam. This exam will usually be performed by a VA physician or VA contracted physician who may physically examine the veteran, as well as ask questions regarding the veterans military service, their psoriatic arthritis, or symptoms of their psoriatic arthritis. If the veteran has both psoriasis and psoriatic arthritis, the examiner may evaluate both.

To schedule a C& P exam, VA will usually call the veteran or send them a letter. As such, it is crucial to ensure that VA has the veterans most up-to-date contact information. If VA does not have the current contact information, the veteran might miss a C& P request. When a veteran fails to attend an exam or fails to reschedule one they have missed, their claim could be denied.

Prior to the exam, the examiner should review the veterans c-file. The C-file will usually contain any documentation that has previously been submitted to VA, as well as the veterans medical and military service records.

The veteran may also use a DBQ, or Disability Benefits Questionnaire, to bolster their claim. A Disability Benefits Questionnaire is a form created by VA so that the veteran may address important aspects of their condition, such as symptoms, severity, possible causes, and relation to other disabilities. The veteran may also have their private doctor fill out a DBQ for them.

Va Service Connection For Psoriasis

Generally, a grant of service connection for VA disability benefits requires three things:

  • An in-service event, injury, or illness
  • A current diagnosis by a medical professional and
  • A medical nexus, or link, between your in-service event, injury, or illness and your current diagnosis.

The most crucial part of a claim for service connection for psoriatic arthritis will be to connect the diagnosis to the veterans military service. There are multiple ways this may be done:

Primary Service ConnectionThis form of service connection can be achieved if there is evidence that the veterans service directly caused their psoriatic arthritis.

Secondary Service ConnectionThis form of service connection can be achieved if the veterans psoriatic arthritis was developed as a result of another service-connected condition. This could also apply if a veterans service-connected psoriasis caused them to develop psoriatic arthritis.

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If Youre Not Sure If Your Impairment Is Substantial Or Long Term

Get advice from your doctor or other medical professional. You could ask them to tell you:

  • how long your impairment is likely to last and whether its likely to get worse
  • what would happen if you stopped your medication or other treatment
  • if there are any activities you should avoid

You doctor might also be able to help you prove you have a disability if you need to later on.

You can also try keeping a diary for a while write down what you do, what you find difficult and why. This might make it clearer how much your impairment is affecting your normal day-to-day activities. Your friends and family might also be able to help you think of ways youre affected.

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Medical Evidence To Support Your Claim

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The Social Security Administration is tasked with processing your application. They use the guidelines in the Blue Book to determine your eligibility to receive disability benefits, and thats why the evidence you provide is so very important.

Each case is different, but the guidelines provide a baseline to determine eligibility and the information you provide helps to paint a picture of your unique situation.

The most important piece of evidence you can provide is a report of your diagnosis from your doctor. This includes:

  • the diagnosis itself
  • results of blood or lab tests
  • imaging such as x-rays or CT scans
  • and any other information used to make the diagnosis.

You should also include your treatment plan, including:

  • medications prescribed
  • physical therapy information
  • report of how the treatment is working
  • any side effects youre having to medications

Be sure to provide a list of all of the doctors who have treated you, along with where you received treatment. This is important in case the SSA needs to reach out with questions.

Its important to include as much information as possible so that the SSA can make their determination without having to request additional information. The more information you provide, the easier it is for them to make a decision.

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Disability Benefit Programs In The United States

There are two federal disability programs in the United States, Social Security Disability Insurance and Supplemental Security Income . To qualify for either program, you must have a disability that stops you from doing your current job or any other form of gainful employment.

SSDI provides benefits to people with a recent full-time work history. The funds are drawn from payroll taxes. If you are approved for SSDI, you can receive benefits six months after the date your disability began. You are eligible for Medicare 24 months after you start receiving SSDI.

SSI offers disability benefits to low-income individuals, regardless of work history. If you are approved, you can receive benefits in the next month. Additionally, you may be eligible for back payments of SSI if you became disabled before your SSI was approved.

In most states, SSI eligibility qualifies you for Medicaid. In Alaska, Idaho, Kansas, Nebraska, Nevada, Oregon, Utah, and the Northern Mariana Islands, you have to apply for Medicaid separately from SSI, but the criteria are the same for both. Eligibility criteria for SSI recipients varies across states.

Almost every state provides an SSI supplement, with the exception of Arizona, Mississippi, North Dakota, and West Virginia. The eligibility rules for supplements vary by state.

Its possible to get both SSDI and SSI if you have very limited funds and have a work history.

Military Burn Pit Exposure And Psoriatic Arthritis

Military burn pits are large areas of land in which the military and its contractors incinerated all waste generated by military bases, including plastics, medical waste, rubber, human waste, and more.

The U.S. Military used burn pits as part of their waste disposal protocol in places such as Iraq and Afghanistan in the post-9/11 era. While the practice was effective in reducing large quantities of waste, burn pits emitted plumes of toxic smoke. This was especially problematic in places such as the Middle East, as the desert wind carried the smoke for miles.

Many U.S. Military veterans have suffered health consequences from burn pit exposure. Most of the negative effects involve temporary ailments of the respiratory system, though limited evidence suggests a link between burn pit exposure and the long-term deterioration of lung health.

These burn pits were used extensively throughout the Middle East and have affected veterans who served in Operation Iraqi Freedom, Operation Enduring Freedom, and Operation New Dawn.

Research continues to be done to link burn pit exposure to a variety of different conditions, such as cancers and respiratory conditions. In order to fully understand the harm caused by military burn pits, further research will need to be done. However, research has indicated that one of the known chemical compounds released by burn pits includes the dioxin

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So How They Do Define Disability

Under the Equality Act 2010, a disability is a “physical or mental impairment that has a substantial and long-term negative effect on your ability to do normal daily activities.”

In the definition, substantial means more than minor or trivial, such as taking much longer than normal to complete a daily task like getting dressed.

Long term means 12 months or more, such as a breathing condition that develops as a result of a lung infection.

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Can I Get Disability For My Arthritis

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To decide whether you should be approved for disability based on your arthritis, the Social Security Administration goes through several steps. If you are working, the SSA will first determine whether you are working above the substantial gainful activity level. For 2021, this amount was $1,310 or more a month. This means that if you earn $1,310 or more per month, the SSA will find that you are engaged in SGA, and your claim will be denied.

If the SSA determines you are not working at the SGA level, it will next determine whether your arthritis is expected to last at least 12 months and is a “severe” impairment. Under the SSA’s standards, a “severe” impairment is one that causes a significant impact on your ability to do work-related activities.

At the next step, the SSA must determine whether your arthritis meets one of the conditions established in the SSA’s Listing of Impairments if your arthritis meets the criteria under a condition in the Listing of Impairments, your claim for disability will be automatically approved. If it doesn’t, you may still be able to get disability benefits another way .

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How Ra Qualifies For Disability Benefits

Social Security Disability Income is a federal disability insurance benefit for those who have worked and paid into Social Security.

SSDI is different from supplemental security income . That program is for low-income people who didnt pay enough into Social Security during their working years to qualify for SSDI. If that describes you, consider looking into SSI as a starting point.

In either case, benefits are limited to those who are unable to perform substantial gainful activity, according to Liz Supinski, director of data science at the Society for Human Resource Management.

There are limits on how much a person can earn and still collect, she says, and its about $1,200 for most people, or around $2,000 per month for those who are blind.

The SSA includes specific criteria for applicants with RA in its listing of impairments under inflammatory arthritis, and notes that you must experience significant limitations in your abilities and meet one of these requirements:

How Does Va Rate Psoriatic Arthritis

Psoriatic arthritic is rated under 38 CFR § 4.71a, schedule of ratings for the musculoskeletal system. Specifically, psoriatic arthritis falls under Diagnostic Code 5002, which is the diagnostic code used to categorize rheumatoid arthritis and all other forms of systemic arthritis. Psoriatic arthritis, as well as spondyloarthropathies and other forms of arthritis, can be included under this diagnostic code.

The ratings given for psoriatic arthritis are as follow:

  • 100% This rating is given to veterans who experience totally incapacitating psoriatic arthritis symptoms, no matter how many joints are affected. An example of this may be if the veteran is bedridden by their arthritis.
  • 60% Veterans who suffer from extremely incapacitating episodes four or more times per year or are experiencing weight loss, anemia, and a decline in health can receive the 60 percent rating.
  • 40% The 40 percent rating is generally used for veterans who face definitive impairment in their overall health that is supported by exam findings, or veterans who experience three or more incapacitating episodes each year.
  • 20% Veterans who experience two or more incapacitating episodes per year, with an established diagnosis, are eligible for the 20 percent rating.

If a veteran experiences chronic residuals of arthritis, they will be rated under Diagnostic Code 5003 instead. Ratings cannot be combined for chronic residuals and psoriatic arthritis, however. In this case, VA will assign the higher rating.

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Ability To Do Other Work

The SSA will determine if youre capable of doing any other type of work based on your age, previous work experience, educational level, and mental/physical health. If the SSA determines that you can be capable of doing other substantial gainful activity through the proper training or treatment, they will typically not grant you benefits. However, in cases where your condition, age, or skill set prevents you from doing any other work, the SSA will approve your application.

Talk To A Disability Lawyer

Can I Continue Working with Rheumatoid Arthritis?

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    What Medical Conditions Qualify For Cpp Disability

    Any medical condition can qualify for CPP disability if it prevents you from doing gainful employment. You must also prove that your disability is permanent.

    If you suffer from a terminal illness, then CPP disability will fast-track your application.

    Following is the offical requirement for CPP disability benefits. Your medical condition must cause a level of disaiblity to meet the following requirement:

    Section 42. When a person is deemed disabled For the purposes of this Act,

    a person shall be considered to be disabled only if he is determined in the prescribed manner to have a severe and prlonged mental or physical disability, and for the purposes of this paragraph,

    a disability is severe only if by reason thereof the person in respect of whom the determination is made is incapable of regularly pursing any substantially gainful employment, and

    a disability is prolonged only if it is determined in the prescribed manner that the disability is likely to be long continued and of indefinite duration or is likely to result in death

    In common terms, you can only qualify for CPP disability if your medical condition causes permanent disablity that prevents you from regularly doing any employment.

    Va Disability Ratings And Benefits For Psoriatic Arthritis

    Psoriasis, and psoriatic arthritis, are two conditions that are often linked. Although psoriasis usually leaves a physical mark on the skin, psoriatic arthritis does not, meaning that many people may not even know they have the condition. Many veterans often struggle with one, or both, of these conditions as a result of their service.

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    Understanding Social Security Disability For Rheumatoid Arthritis

    Simply being diagnosed with rheumatoid arthritis does not qualify you for disability. However, if your ability to work is greatly affected or impaired by your condition, then with the proper documentation, you may be entitled to SSA disability benefits.

    The exact requirements that a person must meet to qualify for disability with rheumatoid arthritis are defined by the SSA blue book under Section 14.09. In general, a person must be able to provide documentation that rheumatoid arthritis has greatly affected their joints or constitution, and this has limited their ability to perform their job.

    For example, you can qualify for disability with rheumatoid arthritis if you have experienced one of the following:

    • Inflammation or deformity of the major joints in your arms and legs, and it has led to an inability to walk without a walker and perform fine motor movements with your hands
    • Inflammation or deformity of the major joints in your arms and legs along with two organs or body systems being moderately to severely affected, and youve experienced weight loss, fatigue, fever, and/or malaise
    • Repeated flare ups with weight loss, fatigue, fever, and/or malaise, along with a limitation of daily activities, social functioning, or the ability to turn in tasks on time

    What Are The Top 5 Disabilities

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    What Are the Top 10 Disabilities? Musculoskeletal System and Connective Tissue. This group made up 29.7% of all people receiving Social Security benefits. Mood Disorders. Nervous System and Sense Organs. Intellectual Disabilities. Circulatory System. Schizophrenic and Other Psychotic Disorders. Other Mental Disorders. Injuries.

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    What Can I Do To Make Working With Rheumatoid Arthritis Easier

    As part of the Americans with Disabilities Act, youre entitled to a number of workplace accommodations that can help you keep working. Depending on what you do for a living, your boss may be able to allow you to work a flexible schedule or telecommute.

    You may also be able to limit the amount of time you walk or stand if you sit, taking more frequent breaks may be permitted. You can also ask about getting office items that are more arthritis-friendly, such as a phone with large buttons and a headset, an ergonomic keyboard and chair, and thicker, cushioned pens.

    How Does Va Rate Degenerative Disc Disease

    VA rates degenerative disc disease under 38 CFR § 4.71a, Schedule of Ratings Musculoskeletal System, Diagnostic Code 5242. The rating criteria for this diagnostic code is virtually the same as Diagnostic Code 5003, which is used to rate degenerative arthritis.

    If degenerative arthritis is established by X-ray findings, the veterans condition will be rated based on limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved. However, if the limitation of motion of the specific joint or joints involved is under the appropriate diagnostic codes, a rating of 10 percent will be applied for each major joint or group of minor joints affected by limitation of motion. Finally, in the absence of limitation of motion, a veterans degenerative disc disease will be rated as follows:

    • 10% with X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations
    • 20% with X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups

    When assigning a disability rating based on the severity of symptoms, VA must take into account both anatomical damage and functional loss. Importantly, limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion.

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