Monday, January 30, 2023

Does Rheumatoid Arthritis Qualify For Disability

Whats The Difference Between Social Security Disability And Long

Do Your Arthritis Symptoms Qualify for Disability?

Long-term disability provides a portion of your salary typically 40 to 60 percent of your base salary, depending on the plan while youre disabled. How long you can receive these payments also varies by plan, ranging from just a few years to until you reach retirement age.

Its possible to receive LTD and Social Security disability benefits at the same time. In fact, some LTD companies actually require you to apply for Social Security benefits. However, if youre approved for Social Security disability benefits, it may offset your LTD benefits. If you were receiving $2,000 from LTD and you get $1,000 from Social Security, for example, your LTD company could cut its payment to $1,000 to offset the benefits you receive from the SSA.

Ssa Criteria Of Rheumatoid Arthritis Disability

  • The claimant should have at least three months worth of persistent joint pain
  • The joint pain should be associated with swelling and tenderness involving several joints, which includes the hip joint, the knee joint, the shoulder joint, the ankle joints, the elbow joints, and the wrist joints.
  • Additionally, there should presence of tenderness, joint inflammation, and swelling on physical examination despite adequate treatment which should be mentioned on the progress notes of the treating physician and presented to the judge.
  • There should also be significant restriction of function of the joints suggesting severe joint impairment. The joint impairment should describe the severe restricted range of motion of the joints and aggravation of pain with movement.
  • These finding should be seen in physician notes consistently for several weeks or months.
  • The claimant should have these restrictions and limitations for a period of at least one year or more.

Can You Get Disability For Arthritis

The Canadian government acknowledges the severity of arthritis by qualifying severe arthritis for certain Canadian disability benefits.

The Canadian Disability Tax Credit, for example, was designed for this exact purpose: to upkeep a differently abled persons standard of living and quality of life, post-diagnosis. These disability tax refunds should relieve some of the stress of living with a physical or mental disability, allowing the person to focus on their well-being.

The National Benefit Authority works along those parameters, too: were here to alleviate the stress of your, or a loved ones, disability. We do this through our Disability Tax Credit service, created for differently-abled Canadians to easily submit and claim their deserved Canadian disability benefits.

Our specialists assist with all the leg work in the DTC application process, including helping to determine your Disability Tax Credit eligibility, completing your application , and submitting it directly to the CRA on your behalf. We find that many Canadians who qualify for disability benefits dont file a claim, either because theyre unaware of the programs, or they simply cant be bothered with the cumbersome process.

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Help Strengthen Your Disability Case With A Social Worker

For help finding a qualified social worker, the National Association of Social Workers offers its Help Starts Here website, where you can find a social worker to help with various concerns, says Coleman. For more details about applying for disability benefits, download the Disability Benefits PDF brochure from the Social Security Administration, which details the procedure.

Dont let the prospect of a difficult process scare you away from filing an initial application or appealing a denied one.

There is so much stigma in the world for individuals living with chronic illness, says Boles. Patients are paying into these benefits and have a right to access them. If patients cant work, they shouldnt be risking worsening their health and causing more damage to themselves physically and mentally if they continue to work. Its important for people to know they have a right to these benefits.

How The Va Rates Rheumatoid Arthritis And Degenerative Arthritis

Does Having Rheumatoid Arthritis Qualify You for Disability?

Any rheumatoid arthritis that is less severe than the above-listed symptoms is just rated on its own, such as limited motion. RA can come in all levels of No combined rating will apply.

Rheumatoid Arthritis is rated under Diagnostic Code 5002. RA can be evaluated at up to a 100 percent disability rating which is not common amongst service-connected health ailments. A 100 percent VA disability rating can be given if the medical condition results in the veteran becoming bedridden or completely incapacitated.

Even if the veteran is not fully bedridden or incapacitated, other lower ratings can be given for individuals suffering from the limitation of motion, osteoarthritis, inflammatory pain, musculoskeletal pains, and more. Other lower than 100 percent ratings will be assigned for occasional incapacitating episodes. The rating schedule for the VA is as follows:

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Symptoms Vary And May Come And Go

A person may experience a period of increased swelling and inflammation called flares or periods of remission where swelling is reduced or even disappears for a while. In most cases, symptoms occur in joints on both sides of the body and include:

  • joints that are swollen, tender and warm to the touch
  • joint stiffness that is worse in the morning or following a period of inactivity
  • appearance of bumps of tissue called rheumatoid nodules

Contact a Social Security disability attorney at 512-454-4000 for a free consultation and see if you can get disability benefits while suffering from Rheumatoid Arthritis. If you have been denied disability dont give up!

Percentage Of People Initially Denied

The Social Security Administration receives tens of thousands of disability benefits applications each year. Surprisingly, 70% of applications are denied the first time around.

This is a huge number, but when you consider the number of people who apply and dont qualify, how many people submit incomplete applications and how many people do not provide enough medical documentation, then suddenly that number starts to make sense.

When you set out to apply for Social Security disability benefits, it can be an overwhelming task to gather all of the necessary medical documentation and information about your work history. You also have to be sure that the application has been completed properly.

If you dont have anyone who can help you with the application process, or if you need more help beyond what your friends and family are able to provide, you might consider working with a Social Security disability attorney.

Disability attorneys understand the process and will make sure your application has everything it needs, and they can help you obtain any additional information that will help to make your claim as strong as possible.

While working with a disability attorney does not guarantee that you will win your case, having an advocate working on your behalf will greatly improve your chances of being approved.

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Stick With The Appeal Process

One resource to use to track RA symptoms and how they affect day-to-day function is the Arthritis Power app, which can maintain a digital record of symptoms. Patients have a hard time remembering what happens between appointments, says Boles. With this app, you can track your symptoms in an app, and you can tell your doctor. It can be easier to extract information and send to a doctor in an app.

Consider getting others to help. Stick with it and appeal the situation, says Coleman. Sometimes people have to appeal several times before they are approved. An attorney can help with the appeal process. A social worker can offer resources to strengthen an application.

Disability Tax Credit For Arthritis And Walking Impairments

Do I Qualify For Disability Insurance Benefits If I Have Rheumatoid 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.


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What To Do If You Want To File For Disability

Its not uncommon for people with rheumatoid arthritis to seek disability. In one study, 35% of patients ended up filing for disability within 10 years of their initial diagnosis. If you are suffering from this condition or any others and are no longer able to work, there is help available. How much money youll receive is dependent on the income you received in the past.

Keep in mind, SSA disability is different than Long Term Disability , which is typically offered through an employer and often has limitations on how long you can receive benefits, where SSA does not. It is possible to receive both, however, LTD benefits can interfere with how much SSA you qualify for.

If youre ready to file for disability, the first step is to work with an attorney or disability advocate. Because the SSA application and approval process is complex and can take a long time, working with an experienced attorney can help you make sure you fully complete all the necessary steps, and they can help you file for an appeal should you need to.

At The Law Offices of Kenneth Hiller, PLLC, our attorneys offer skilled guidance through the SSA disability application process. We have successfully represented thousands of clients in Buffalo New York. Contact our office today for a free consultation.

Listing 102 Joint Dysfunction

If your arthritis has caused major dysfunction of any of your joints, you may be automatically eligible for disability under Listing 1.02. To qualify under Listing 1.02 you must prove that your arthritis has caused some type of deformity, such as excess boniness, misalignment, or permanent shortening of a joint, with chronic pain and stiffness that prevents you from using your joint fully. You must have x-rays or other images of the joint that show the joint space narrowing, bony destruction, or ankylosis of the joints. In addition, you have to have arthritis in either:

  • the hip, knee, or ankle that causes significant difficulty walking, or
  • the shoulder, elbow, or wrist/hand that prevents you from doing activities like holding a pen, typing or lifting.

If you suspect you would qualify under this listing, ask your doctor if your x-rays show a type of deformity mentioned above.

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The Disability Application Process Can Be Daunting

Applying for disability can be a detailed process. Its common for people applying for the federal program to be denied after their first application. But its possible to appeal and to ultimately get approved for disability benefits. The most important takeaway is that you have to be a self-advocate with patience and persistence, says Jessica Boles, a licensed social worker and a patient advocate and community outreach manager for CreakyJoints and the Global Healthy Living Foundation, two resources for people living with arthritis and other chronic illnesses, respectively.

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Does Having Rheumatoid Arthritis Qualify You for Disability?

Disclaimer: I agree that by contacting you that no client-lawyer relationship has been created. The information that I provide will not be kept confidential. The information on this website is general information and does not constitute legal advice and the reader should not rely on it to solve their individual problem.

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Social Security Disability For Rheumatoid Arthritis In Detroit Mi

When everything you do is harder because of rheumatoid arthritis , it sure would be a relief to get support that makes your financial situation easier.

Social Security Disability benefits can do just that.

If your RA is so severe that you cant work, you could receive monthly disability income and qualify for Medicare health coverage even before retirement age. And you could live life more on your terms.

Qualifying for benefits is tough because you have to prove to Social Security that your case of rheumatoid arthritis makes working impossiblebut only you truly understand what its like to live with your health problems.

There is someone who knows how to get across to the government that you need and deserve help: the disability lawyers at the Levine Benjamin Law Firm.

Weve helped more than 50,000 people win benefits in Detroit, Toledo, Flint, Lansing, Grand Rapids and all across Michigan.

From applying to appealing, we help you every step of the way.

When An Autoimmune Disease Occurs The Bodys Immune System Mistakes Its Own Tissue For A Foreign Substance Such As A Virus Or Bacteria

The body then develops antibodies to target and destroy these invaders. When synovial tissue, the lining in joints that provides lubrication, is attacked, chronic swelling and pain results. Inflammation thickens synovial fluid which destroys cartilage and bone within the joint tendons which hold the joint together then weaken and stretch. Rheumatoid Arthritis can affect any organ in the body, including the heart and lungs. RA affects smaller joints first, such as fingers, hands and feet and then spreads to knees, ankles, hips and shoulders. Over time, the erosion of bone can cause deformity and permanent disability.

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The Next Steps To Take

Statistically, your best chance of having a Social Security Disability case approved because of arthritis comes during your hearing before an Administrative Law Judge.

During this hearing, you will be allowed to have representation, and will also be allowed to make your case in person regarding why your arthritic condition keeps you from being able to work. You will also be allowed to bring witnesses who can testify on your behalf regarding the effects your condition has had on your ability to work.

What Type Of Workplace Modifications Help People With Rheumatoid Arthritis

New Rules for Winning Rheumatoid Arthritis Social Security Disability Claims

The U.S. Labor Department’s Job Accommodation Network has provided a list of recommendations for employers of people with arthritis and arthritis-related conditions. You can use the following list to help you discuss workplace accommodations with your employer. The recommendations include:

  • adjusting desk height if an employee uses a wheelchair or scooter
  • allowing a flexible work schedule or allowing the employee to work from home
  • implementing an ergonomic workstation design
  • installing automatic door openers
  • providing a page turner, book holder, or note taker, if necessary
  • providing arm supports and writing and grip aids
  • providing parking close to the workplace
  • providing sensitivity training to co-workers
  • reducing or eliminating physical exertion
  • replacing small switches with cushioned knobs that can be turned with less force
  • scheduling periodic breaks away from the workstation

Your right to have accommodations made for you is protected by law. The Americans with Disabilities Act protects employees from discrimination based on their disability. Federal law defines a disability as a physical or mental impairment that limits a major life activity. It prohibits employers from:

  • not making reasonable accommodations to the known physical or mental limitations of disabled employees
  • not advancing employees with disabilities in the business
  • not providing needed accommodations in training

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Joins Affected By Rheumatoid Arthritis

Rheumatoid arthritis is most commonly seen affecting the joints of the hands, feet, wrists, elbows, knees, and ankles. Rheumatoid arthritis in the wrists and hands can sometimes be mistaken for soreness due to over-usage but will persist much longer and degrade the joint over time. In most cases RA will affect the joints bilaterally, meaning if you have RA in your right hand, then you will most likely also have it in your left hand.

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:

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Qualifying For Disability Using The Medical

If you have rheumatoid arthritis but don’t meet any of the strict criteria above from the listing for inflammatory arthritis, you could still qualify for disability benefits if Social Security finds you’re unable to do consistent work.

Your RFC. One of the ways the agency evaluates your ability to work is by assigning you a “Residual Functional Capacity” . Your RFCeither sedentary, light, medium, or heavyis the most intensive type of work that Social Security feels that you could perform. Your RFC should list all of your functional limitations, including restrictions from your doctor, such as “needs to change positions every two hours” or “can stand for no more than 30 minutes at a time.”

A sedentary RFC. If you have a limitation on how long you can sit or stand because of inflamed and painful joints, Social Security will likely give you a sedentary RFC, which will significantly limit the types of jobs you can do. Social Security might include a restriction on sitting and/or standing in your RFC if your doctor has given you this restriction and Social Security finds your doctor to be credible. Or, Social Security might add this restriction if you say you have trouble standing and you had an MRI showing damage to your foot or ankle joints.

Unfortunately, Social Security doesn’t always agree that your limitations are as severe as you say they are. Here’s an example of an RFC that Social Security developed for an actual applicant with rheumatoid arthritis:

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