As we noted, ALS qualifies as a "Compassionate Allowance," which means that someone who suffers from ALS will experience somewhat of an expedited application process, provided their application can establish a minimum amount of evidence for the condition.
]]> This is because the compassionate allowance initiative allows the administration to identify claims where the nature of the applicant's disease clearly satisfies the legal standard for an acceptable disability claim.The SSDI application process, unfortunately, can take a very long time. Depending on where one lives, it will take more or less time. In Ohio, there is a high volume of applications, which means there is a longer wait. The length of the application process depends further upon whether one's claim is denied. If one has to appeal a denial, the process can be drawn out for years.
For those with conditions like ALS, this process will not take as long, and for good reason. Once the onset of ALS begins, a person's ability to work often changes fairly quickly, making the need for SSDI benefits necessary. Working with an attorney can help keep any delays in the application process to a minimum.
Source : NorthJersey.com, "Faster disability approval for people with ALS ," Cynthia Rist, May 18, 2012.
]]>Roughly 5 in 100,000 people worldwide suffer with ALS, and over 5,600 people are newly diagnosed in the United States with the condition every year. The Social Security Administration estimates that up to 30,000 American may currently be affected by ALS. Over time, ALS-which most often does not reveals its symptoms until after its victim reaches the age of 50-can leave its victims unable to keep steady work and provide for themselves and their family. For many with ALS, Social Security disability eventually becomes a necessity.
]]> As we've said before, an SSDI application submitted by one who suffers with ALS will be considered on based on various factors, including the applicant's medical history, neurological findings indicating the presence of ALS, and specialized testing designed to rule out other possible causes for the symptoms.One thing our readers may not be aware of is that ALS is categorized by the Social Security Administration as a "Compassionate Allowance." A Compassionate Allowance is a medical condition that, according to the Social Security Administration, "invariably qualifies as covered impairment based on "minimal objective medical information." Because of this applying for SSDI is easier for ALS sufferers.
In our next post, we'll continue looking at the topic of SSDI benefits for ALS sufferers.
Source : NorthJersey.com, "Faster disability approval for people with ALS ," Cynthia Rist, May 18, 2012
]]>The Social Security Administration will make that decision based on an applicant's work and medical history, and consider whether the evidence shows that the applicant can engage in past work or some other form of work.
]]> The applicant must be specific criteria with respect to lupus, involving either a moderate level of severity in a body organ or system, at least two constitutional signs or symptoms of lupus, and at least two organs or body systems must be affected. Alternatively, an application will be screened for repeated manifestations of lupus with at least two of the symptoms or signs, and a marked level of either limitations in daily living, limitations in maintaining social functioning, or limitations in completing tasks in a timely manner.In order to be approved for benefits, one must have worked long enough and recently enough, and be under the age of 65. Those who have not may be eligible for Supplemental Security income, another disability program.
Another thing to keep in mind with lupus is that those who suffer with it sometimes go through varying periods of illness, flares and remissions. Because of this, sufferers may not always have a need for SSDI benefits, and may want to look into the Work Incentives program, which will allow them to test their ability to work while retaining the safety net of SSDI for as long as it is needed.
Source: Marketwatch, "'Lupus Out Loud' Movement Inspires Patients to Speak Put About Their Symptoms'," May 10, 2012.
]]>Lupus, of course, ranges in severity depending on the patient. For some, it means dealing with some pain and pushing through it. For others, it is debilitating and forces them to quit work and organize their life around caring for their illness. Those who find themselves in the latter situation may find themselves unable to care for their families and in need of additional income. For these, Social Security disability is well worth looking into.
]]> For purposes of Social Security disability, not everyone who suffers with lupus is considered disabled, and a diagnosis of lupus will not automatically result in qualification for disability benefits. It is potentially disabling, but evidence must be provided that it is actually so for the applicant.Disability, according to the Social Security Administration, is strictly defined as the inability to engage in substantial gainful activity because of a medically determinable physical or mental impairment which is expected either to result in either death or to last for a continuous period of at least 12 months.
In our next blog, we'll continue looking at lupus and qualifying for Social Security disability benefits.
Source: Marketwatch, "'Lupus Out Loud' Movement Inspires Patients to Speak Put About Their Symptoms'," May 10, 2012.
]]>What perhaps isn't surprising is that the Social Security Disability program is often criticized for its involvement in the shift toward increasing enrollments. Some have criticized the Social Security Administration for lax screening procedures and other policies that have served to increase SSDI rolls, or pointed to the way some are allowed to use disability benefits to replace expired unemployment benefits. Others, of course, have mentioned the entry of women into the workforce and the increasing aging population as contributing factors.
]]> There may indeed be valid criticisms of the SSDI program, but there is no question that there are many who find the program to be an absolute necessity for support on account of their disabled status and the difficult economy, which is a particular challenge for the disabled.It is important not to fall into assuming that everybody who receives SSDI is somehow gaming the system and not doing their part. Many folks have worked hard in life and made their contributions, but end up suffering with disabilities. These are people the system is intended to serve. Those who find themselves with a disability and unable to work should not feel guilty about applying for the support of SSDI benefits, but should see it for what it is, a social insurance program, and not welfare.
Source: Bloomberg, "Disabled Americans Shrink Size of U.S. Labor Force," Alex Kowalski, May 3, 2012.
]]>Since 2007, 1.6 million more Americans have claimed Social Security Disability Insurance, the number rising 22 percent to 8.7 million. As the economy has worsened, the number of SSDI recipients has significantly increased, and is now at a record high of 5.3 percent, up from 4.5 percent in 2007. The number of people applying for SSDI rose to 18 in 1,000, up from 8 in 1,000 back in 1990. The increase, though, is reportedly usual for periods of recession, as jobs are less available and wages are cut. As should be expected, those with disability face increased challenges.
]]> Cuts across multiple industries have left many without work, and those with disabilities have fared the worst. Often, health challenges make it difficult or impossible for these individuals to find and keep work. Unemployment among those who are disabled has increased significantly in the last several years, going from 2.6 percent back in August 2009 to 16.9 percent in June 2011. Among healthy individuals, the number increased from 4.8 in August 2009 to 10.4 in January 2010.Source: Bloomberg, "Disabled Americans Shrink Size of U.S. Labor Force," Alex Kowalski, May 3, 2012
]]>The program itself begins with a trial work period of at least 9 months which allow a beneficiary to test their ability to work. During the trial period, beneficiaries receive their full benefit regardless of how much they earn, provided the work activity is reported and they continue to suffer from a disabling impairment. The nine-month period is cumulative within a rolling 5 year period.
]]>Those who are able to work at a "substantial gainful activity" level will stop receiving payments, though those payments can be automatically reinstated if the individual's earnings decrease below that level. That reinstatement will last for a period of 36 consecutive months after the end of the trial work period, during which time the beneficiary must continue to have a disabling impairment with earnings below the substantial gainful activity level for that month.
Those who are unsuccessful in their attempt to return to work--meaning that they are unable to produce earnings above the substantial gainful activity level after 6 months or less due to a disabling condition or elimination of assistance needed in order to work--will no longer be eligible for the trial work program.
There are a number of special rules that apply to those to those who take part in work incentives program. For instance, impairment-related work expenses are deducted from one's earnings if one is determined to be performing substantial work. Also deducted is the value of support received on the job which results in the beneficiary receiving more pay than the actual value of the services they perform.
Those who are interested in participating in the work incentives program should speak with a Social Security representative or their SSDI attorney.
Source: Online: http://www.ssa.gov/disabilityresearch/wi/generalinfo.htm; Social Security Administration website; giver general information about work incentives program
]]>According to the Treasury Department, around 90 percent of those who receive federal benefit already receive their payments electronically. By 2013, all beneficiaries will receive their payments electronically. The switch is reportedly being made not only because it's safer and more efficient, but also because it will save the government roughly $120 million per year, with Social Security saving an estimated $1 billion over the next decade.
]]> The Treasury rule mandating the switch to electronic payments has some concerned that older folks with little experience of electronic transactions may not understand the new system. Those over 90 years of age reportedly are not required to make the switch, and others can get a waiver if using a card would be a hardship. The latter category is expected to be extremely rare. There are also apparently concerns about fees associated with the debit cards on which the new payments will come, but there are no fees associated with using the debit cards for purchases. Further, if a beneficiary loses a card or has it stolen, they are protected from unauthorized use provided they promptly report the card missing.As we noted in our last post about the switch, some are concerned that it may give state governments more leverage to enforce child support payments, taking away the little income that delinquent beneficiaries sometimes have.
Source: NPR, "Don't Wait For Social Security Check In The Mail," April 15, 2012
]]>Importantly, money received under a Survivor Benefit Plan can prevent children with disabilities from receiving government benefits, such as Medicaid and Social Security Disability Insurance. Those with disabled children need to do everything they can to prevent this from happening, and do well to engage in some asset protection planning for this purpose.
]]> One of the tools folks frequently use to protect their disabled children from being disqualified for government benefits is special needs trusts, also known as supplemental needs trusts. In a special needs trust, one appoints a trustee to manage the funds for the benefit of the disabled child.Properly structured, these trusts allow families to set aside money for the care of their disabled children without jeopardizing their eligibility for SSDI and other government benefits.
For veterans, the Disabled Military Child Protection Act permits retirees who invest in a Survivor Benefit Plan to transfer those benefits to a special needs trust for the benefit of their disabled child. These trusts are utilized for supplemental support and are not considered as an available asset or resource, and so cannot disqualify the disabled child.
Source: Forbes, "Disabled Military Protection Act Allows Military Families to include Special Needs Trusts within the Survivor Benefit Plan," Bernard A. Krooks, April 20, 2012
]]>One of the ways we do this is by offering SSDI benefits to wounded warriors. SSDI is, of course, separate from any benefits received through the Department of Veterans Affairs, and requires a separate application. It is also important to realize that veterans, in addition to being eligible for SSDI, may also be eligible for Supplemental Security Income (SSI), which is separate from SSDI and is based on financial need.
]]> Wounded veterans may receive SSDI regardless of whether they are on active duty or not, or receiving military pay or not. Applications can be submitted while in military status or after discharge, whether one is still hospitalized, in a rehab program or going through out-patient treatment at any facility.The key is that any applicant must meet the definition of disability. Two requirements must be met for this. First, an applicant must be unable to perform substantial work due to one or more medical conditions. Second, the condition(s) must have lasted, or be projected to last, for at least one year or to result in death.
Changes in one's work status in the military, obviously, can affect one's receipt of SSDI benefit. For this reason, one is required to report work activity, including when one starts a job, when there are changes in one's job duties, hours or work, or rate of pay.
Also important to know is that Social Security offers work incentives which allow recipients to test their ability to return to work, while still receiving monthly SSDI payments.
Source: Online: http://www.ssa.gov/woundedwarriors/#a0=1; Social Security Administration website; gives overview of disability benefits available to wounded warriors
]]>While the exact rate of unemployment for adults with autism is not known, most experts agree that it is as high as 85 percent, despite the fact that they typically have above-average intelligence. In some areas of the country, like New York, there are groups that help adults with autism to find work that accommodates their special needs. Because of the challenges they face, though, many of those with autism spectrum disorders still struggle to earn adequate income and may find themselves in need of the extra security offered by SSDI.
]]> The Social Security Administration recognizes autism and other pervasive developmental disorders as a legitimate disability for which one can receive SSDI. In order to meet the required level of severity for autism disorders, two things must be shown.The first thing is that there must be medically documented findings of qualitative deficits of reciprocal social interaction, verbal and nonverbal communication and imaginative activity, and a significantly restricted repertoire of activities and interests. The second thing is that there must also be documented significant difficulties in at least two of several areas, including daily living, maintaining social functioning, maintaining concentration, persistence or pace, or repeated and extended episodes of decompensation.
For other pervasive developmental disorders, such as Asperger syndrome, one need not show a restricted repertoire of activities and interests, but all of the other requirements must be met.
Those who struggle with an autistic disorder and there caretakers, who feel they may benefit from SSDI, should- like anybody looking at applying to the program-strongly consider speaking with an attorney who has knowledge of how to navigate the system and increase their chances of having their claim accepted. This is especially helpful if an appeal becomes necessary.
Source: USA Today, "Asperger's Are Us comedy troupe plays off their disability," Karen Weintraub, April 13, 2012
]]>Asperger syndrome, as our readers may know, is on the autism spectrum, a range of conditions classified as pervasive developmental disorders. Autistic disorders are within the range of mental impairments eligible for SSDI. Asperger syndrome is often considered to be a high-functioning form of autism, and those who have it can be quite gifted and relatively mostly normal lives. But that is not the case for all who find themselves on the autism spectrum.
]]> For many individuals who struggle with these conditions, their illness can prevent them from leading a normal life. Those with autism struggle, to a greater or lesser degree, with social interaction, verbal and nonverbal communication and imaginative activity. There may also be a limit to the activities and interests in which they participate. As can be imagined, many find it very difficult to obtain or hold down work whereby they can support themselves.Unfortunately, not all schools have the resources to help those with autistic disorders to succeed, and many of these individuals have to overcome great challenges to be able to pursue post-secondary education. Some programs out there, though, seek to change that. Educators from the University of Utah, for instance, have taken advantage of advanced technology to teach grade school students and young adults with autism social skills, self confidence and to develop skills with technology.
It is hoped that programs like this will help autistic individuals gain the skills they need to enter the job market and to succeed.
In our next post, we'll continue looking at this topic.
Source: USA Today, "Asperger's Are Us comedy troupe plays off their disability," Karen Weintraub, April 13, 2012.
]]>The clarification Munnell makes is a good one for our purposes on this blog. What she says is that there is a distinction between social insurance and means-tested benefits. The latter indicates government provision of money, food and housing to those who cannot afford it, whereas the latter indicates a government operated insurance system to which citizens have contributed on a regular basis over the years in order to protect themselves against loss of earnings.
]]> Along with Social Security retirement and disability benefits, social insurance programs include state unemployment insurance and workers' compensation programs. It is important to realize that benefits received under these programs are fundamentally distinct from those received under means-tested benefits programs. As such, they cannot be thought of as handouts or welfare.In the case of Social Security Disability Insurance, workers contribute 0.9 percent of their earnings to the program, and they are entitled to the program's benefits when they become permanently and totally disabled. The fact that the check comes from the government does not automatically make it welfare, however.
Our readers should keep this in mind as they consider the debate on how to handle the financial troubles faced by our nation's Social Security programs.
Source: Smart Money, "They're Not Moochers and It's Not Welfare," Alicia Munnell, March 8, 2012.
]]>For one man, Social Security Disability benefits meant the difference between living illegally in someone's storage shed and having something resembling a normal life.
]]> The 56-year-old man, who has bipolar disorder, was in bad shape before he worked with a community advocate who spent three weeks helping him properly file paperwork and a request for benefits. Whereas he once was essentially homeless, he now has a stable place to live and a part-time job. A lot, or maybe even all, of his progress is due to the fact that he was able to use his Social Security Disability benefits to help himself get back on his feet.However, the program that paid for the community advocate is due to run out of money by June 30 of this year and so far, Congress has not indicated it will for sure allocate more money for the program. That makes this man and many others like him worry that other people who are having difficulty obtaining or keeping the right benefits won't get much-needed help.
Certainly, there are attorneys who specialize in helping clients obtain or keep the benefits to which they are entitled, and these lawyers are often only a phone call away. But when you are dealing with a vulnerable population, such as people who deserve Social Security Disability benefits, it is always a good idea to have as much help available as possible.
Source: The Daily Courier, "Congressional reauthorization in doubt for program that benefits disabled people," Ken Hedler, April 8, 2012
]]>Needless to say, those who suffer with ALS may find themselves in a position where their condition makes it impossible for them to work, leaving them without the income they need.
]]> When the Social Security administration considers an SSD application based on ALS, they will consider a number of factors in making a diagnosis, including the applicant's history, neurological findings consistent with the ALS diagnosis, specialized testing to rule out other potential impairments.It is important for applicants to realize that there is no single test that definitively establishes the presence of ALS for SSDI purposes, so it is important to take a holistic approach to providing the SSA with information about the condition.
It is equally important, though, to realize that documentation must be based on "generally accepted methods consistent with the prevailing state of medical knowledge and clinical practice." For this reason it is important to consult with physicians knowledgeable about diagnosis of ALS.
It is often easier to apply for SSDI with the aid of an attorney that has knowledge of how to navigate the system and improve one's chances of receiving a favorable decision. This is especially the case when an appeal becomes necessary.
Source: Online: http://www.ssa.gov/disability/professionals/bluebook/11.00-Neurological-Adult.htm; Social Security Administration Website; gives overview of how Social Security Administration evaluates neurological conditions in adults.
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