Browse our articles for interesting and new information on Social Security Disability Insurance.
Spinal muscular atrophy is a genetic disease that affects about 1 on 6,000 or 1 in 10,000 of all babies worldwide. The Social Security Administration allows families to apply for funding through the Compassionate Allowances program because in about half of the cases, the disease progresses rapidly. Most children never learn to walk, sit or stand and require multiple surgeries even though their brains develop normally. Even in mild forms of the disease, children and adults have difficult with mobility and many require surgeries. Only a few children diagnosed with the disease live to adulthood.
The Compassionate Allowances program expedites the application process for diseases that are likely terminal or severe enough to cause symptoms that quickly affect a family’s income. These diseases require immediate and expensive medical treatment. Applying for Social Security income can take several months and even years if you go through the traditional application process.
The disease is caused by the absence/defect in the Survival Motor Neuron Gene (SMN1), according to the Spinal Muscular Atrophy Association (SMAA). The gene controls the protein that oversees the motor neurons. In other words, without this protein, the brain cannot control the muscles. About 50 percent of the children affected have the worst form of the disease. These children experience muscle deterioration, respiratory problems and mobility issues which require major and expensive surgeries. Most children die before the age of two, according to the SMAA. Spinal muscular atrophy is the number one genetic cause of death in infants and toddlers.
Alzheimer’s is a disabling disease that affects millions of Americans. It was recently added to the Social Security Compassionate Allowances program list of medical conditions for disability benefits.
According to the Alzheimer’s Association website:
Is a progressive and fatal brain disease.
As many as 5.3 million Americans are living with Alzheimer’s disease. Alzheimer’s destroys brain cells, causing memory loss and problems with thinking and behavior severe enough to affect work, lifelong hobbies or social life. Alzheimer’s gets worse over time, and it is fatal. Today it is the seventh-leading cause of death in the United States. Learn more: Warning Signs and Stages of Alzheimer’s Disease.
Is the most common form of dementia.
Dementia is a general term for memory loss and other intellectual abilities serious enough to interfere with daily life. Alzheimer’s disease accounts for 50 to 80 percent of dementia cases. Other types of dementia include vascular dementia, mixed dementia, dementia with Lewy bodies and frontotemporal dementia. Learn more: Related Dementias.
Has no current cure.
But treatments for symptoms, combined with the right services and support, can make life better for the millions of Americans living with Alzheimer’s. There is an accelerating worldwide effort under way to find better ways to treat the disease, delay its onset, or prevent it from developing. Learn more about recent progress in Alzheimer research funded by the Alzheimer’s Association in the Research section.
To find out more about applying for medical conditions under the Compassionate Allowances program click here.
The Social Security Administration has recently made some changes to the disability program in order to help those who are extremely ill receive their benefits more quickly. It has updated the Compassionate Allowances Program and has added 38 new medical conditions. It allows those suffering from certain types of conditions to apply and get their benefits without having to go through a lengthy application process. These additional 38 medical conditions added to the Compassionate Allowances Program as of March 1, 2010 include:
1 Alstrom Syndrome
2 Amegakaryocytic Thrombocytopenia
3 Ataxia Spinocerebellar
4 Ataxia Telangiectasia
5 Batten Disease
6 Bilateral Retinoblastoma
7 Cri du Chat Syndrome
8 Degos Disease
9 Early-Onset Alzheimer’s Disease
10 Edwards Syndrome
11 Fibrodysplasia Ossificans Progressiva
12 Fukuyama Congenital Muscular Dystrophy
13 Glutaric Acidemia Type II
14 Hemophagocytic Lymphohistiocytosis (HLH), Familial Type
15 Hurler Syndrome, Type IH
16 Hunter Syndrome, Type II
17 Idiopathic Pulmonary Fibrosis
18 Junctional Epidermolysis Bullosa, Lethal Type
19 Late Infantile Neuronal Ceroid Lipofuscinoses
20 Leigh’s Disease
21 Maple Syrup Urine Disease
22 Merosin Deficient Congenital Muscular Dystrophy
23 Mixed Dementia
24 Mucosal Malignant Melanoma
25 Neonatal Adrenoleukodystrophy
26 Neuronal Ceroid Lipofuscinoses, Infantile Type
27 Niemann-Pick Type C
28 Patau Syndrome
29 Primary Progressive Aphasia
30 Progressive Multifocal Leukoencephalopathy
31 Sanfilippo Syndrome
32 Subacute Sclerosis Panencephalitis
33 Tay Sachs Disease
34 Thanatophoric Dysplasia, Type 1
35 Ullrich Congenital Muscular Dystrophy
36 Walker Warburg Syndrome
37 Wolman Disease
38 Zellweger Syndrome
According to the National Cancer Institute, Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the mesothelium, a protective sac that covers most of the body’s internal organs. Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles. It is a disease in which cells of the mesothelium become abnormal and divide without control or order. They can invade and damage nearby tissues and organs. Cancer cells can also metastasize (spread) from their original site to other parts of the body. Most cases of mesothelioma begin in the pleura or peritoneum.
The institute explains that Working with asbestos is the major risk factor for mesothelioma. A history of asbestos exposure at work is reported in about 70 percent to 80 percent of all cases. However, mesothelioma has been reported in some individuals without any known exposure to asbestos. People at risk for this disease are people who have been exposed to asbestos. The National Cancer Institute reports that:
“Asbestos has been mined and used commercially since the late 1800s. Its use greatly increased during World War II. Since the early 1940s, millions of American workers have been exposed to asbestos dust. Initially, the risks associated with asbestos exposure were not known. However, an increased risk of developing mesothelioma was later found among shipyard workers, people who work in asbestos mines and mills, producers of asbestos products, workers in the heating and construction industries, and other tradespeople. Today, the U.S. Occupational Safety and Health Administration (OSHA) sets limits for acceptable levels of asbestos exposure in the workplace. People who work with asbestos wear personal protective equipment to lower their risk of exposure”.
Mesothelioma is listed as a medical condition eligible for Social Security Disability Income benefits in the Compassionate Allowances program.
When your doctor tells you that you can no longer work because of your health problems, you may feel certain that you will receive Social Security income. After all, you have worked for many years and you feel you are entitled. But after you apply, you may be denied. You could have made one of these mistakes when applying:
• You made a mistake in filling out the forms. The forms are complicated. If you answer one of the questions incorrectly, your application may be denied.
• You provided incomplete medical documentation. Having a doctor’s statement that you are disabled is often not enough for the Social Security Administration. Make sure you have taken medical tests to prove your disability. The doctor’s statement is the key your application.
• The disability form is complete. This is a lengthy form. You will want to take your time filling out the form to make sure you don’t miss any important information.
Making sure you get the forms right the first time can get you approved and received benefits faster. Many people consult an attorney when they file their initial claim instead of waiting until they are denied. The appeals process is lengthy and can take more than a year. If you are disabled and without an income, you likely cannot afford to wait a year to begin receiving your Social Security income. An attorney can help you get your benefits faster and may be able to get you the maximum benefits you are allowed.
Some people who receive Social Security income still have trouble meeting their basic needs. The Supplemental Security Income helps adults and children with money for food, clothing and shelter. The program also helps people who did not work long enough to qualify for Social Security. This money does not come directly from Social Security but from the general budget since it is not based on how long you have worked or how long someone in your family has worked.
Who is eligible?
If you are an adult, you must be disabled and unable to work. Your monthly income cannot exceed the federal benefit rate. Children must be under the age of 18 and blind or permanently disabled. For children, the income of the parents is considered.
How does it work?
You must apply for the benefits at the Social Security Administration office in your area. You need to bring your personal information with you including your Social Security Card, your medical information and proof of income. You must also list all of your resources. This can include any property you own.
What if I am Denied?
If you are denied, you can appeal the decision. You can ask for a Reconsideration which is decided by the Social Security Administration. To appeal if you are turned down for Reconsideration, you can file for a hearing before an Administrative Law Judge. If you are still not satisfied, you can apply to the Appeal Committee. If the committee turns you down or refuses to review your appeal, you only other option is to file an appeal in U.S. District Court. An attorney can help you through the complicated appeals process if you are denied.
You have applied for Social Security income because of your disability and you were denied by the Social Security Administration. What you may not be aware of is that the letter you received in the mail is not the final word. You can move through the appeals process and there is a possibility you will be approved.
You have 60 days to file an appeal after you receive your letter which is called the initial denial. Reconsideration is the next level of appeal. You can pick up forms at your local Social Security office or request them by mail. The Reconsideration request is reviewed by a different set of employees and not the ones who first reviewed your request.
Many people give up after they are denied a second time. However, you have 60 days to request a hearing before an Administrative Law Judge. The judge will hear from the claimant and any witnesses. The judge does not work for the Social Security Administration and decides based on the evidence presented.
If the judge denies the claim, you can appeal to the Appeals Council. A claimant can appear before the council if the council agrees to review the case. If the council will not review the case or if the case is denied, you can file in the U.S. District Court. If the court sides with the claimant, the case is sent back to the Administrative Law Judge.
The appeals process can take more than a year and involves several complicated steps. If you don’t meet the deadlines your claim can be denied and you will have to file your claim again. Many people hire an an advocate or attorney to help them with their appeal.
You may think you are barely scraping by on your Social Security income and you receive a letter telling you that you were paid too much. You may panic and worry that you will have to repay the overpayment. You may have to repay the money. But before you give in and send the Social Security Administration a check, you still have many options.
First, you can file for a Request for Reconsideration. This is your official challenge to the overpayment. You must file within 60 days or you lose your right to challenge the overpayment.
Once you have filed your request, you can ask the Social Security Administration to either condone the overpayment or waive it. If you want the overpayment waived, you must prove that you did not cause the overpayment and that you can’t afford to repay the money.
Once you have requested a waiver, you must meet with a claims representative. After the meeting, the representative decides whether or not to grant the waiver. If your request is denied, you can appeal to an Administrative Law Judge. You will be allowed to present evidence that you were not at fault and that you cannot repay the overpayment. The appeal can take up to a year.
You do have recourse if the Administrative Law Judge denies your appeal. You can request a review from the Appeals Council. However, the Appeals Council can choose not to review the request. If this happens, you can file an appeal in the United States District Court in your area. The court will decide if the Administrative Law Judge’s decision was valid in light of the evidence presented. The case is sent back to the Administrative Law Judge if the case is won in District Court.
Appealing a claim of overpayment is complicated and is a lengthy process. An attorney can assist you and help you win your case.
Your doctor has said you can no longer work. Still, you have bills to pay and a family to feed. You apply for Social Security Income and you are denied. This is where an advocate can help you win your benefits. While you may think it is a waste of your time, hiring an advocate may not only help you win your case but may save you time and frustration.
• Social security advocates know what to look for in your claim that can help or hinder your case. These facts may not only help you win benefits but may also help you get the maximum you are eligible to collect.
• It’s not enough to have a doctor state that you are disabled. Social Security administrators are looking for specific language and types of tests that explain your medical condition before approving your claim. An advocate can advise you of these tests before the hearing.
• Have you appeared before a judge or participated in an appeals hearing? Most people have not. Your advocate will be there with you and will guide you through the complicated process. Your advocate will also prepare witnesses that will testify on your behalf and question or challenge other witnesses at the hearings.
If you need Social Security income to provide for yourself or your family, you cannot afford to go through a lengthy appeals process. An advocate can prevent you from making mistakes that will get you denied. If you need assistance in this area click here.
Those with various types of medical conditions may be able to receive federal disability checks more rapidly under the Social Security Administration’s fast-track system according to a recent announcement made by the agency. The WSJ is reporting that “some 40,000 to 50,000 Americans could benefit from the expansion in 2010, which will begin on March 1.”
The fast-track program began with 50 specified diseases for which one could apply and receive benefits. The agency has recently expanded the list of diseases to an additional 38 which includes Alzheimer’s. People with a one of the listed medical conditions will be automatically approved for disability payments which will allow them to accelerate a previously lengthy process of denials and appeals that many of these patients go through.
The agency has setup a new program called the Compassionate Allowances program which is geared toward speeding up the application process for people who can’t work due to a specific medical condition. According to the Social Security website: “Compassionate allowances are a way of quickly identifying diseases and other medical conditions that invariably qualify under the Listing of Impairments based on minimal objective medical information”.
The agency recently announced in a press release the following:
“The addition of these new conditions expands the scope of Compassionate Allowances to a broader subgroup of conditions like early-onset Alzheimer’s disease,” Commissioner Astrue said. “The expansion we are announcing today means tens of thousands of Americans with devastating disabilities will now get approved for benefits in a matter of days rather than months and years.”