Disabilities Caused by Strokes

Generally, strokes cause damage to an individual’s brain. Given the complexity of this organ, the types of damage (and the degree of disability) that follow a stroke are necessarily dependent on the aspect of the brain which is damaged. Nevertheless, the following are the primary types of disabilities that can be caused by a stroke:

• Motor Control Problems. Probably the most common stroke-caused disability, motor control problems typically manifest as paralysis, and cause difficulty walking, grasping objects, or even swallowing, depending on the damaged portion of the brain.
• Sensory Problems. Stroke sufferers may lose the use of one or more of the senses. As such, some stroke sufferers frequently experience chronic pain syndrome as a result of damage to the nervous system, or as a result of a joint that becomes immobilized due to lack of movement. Additionally, thalamic pain syndrome, a false signal of the sensation of pain in a damaged part of the body, can occur.
• Approximately 25 percent of all stroke sufferers incur a language impairment, such as the ability to speak, write, and understand spoken and written language.
• Memory Problems. Stroke can cause affect memory, learning, and awareness, including. anosognosia, the inability to acknowledge the reality of the physical impairments, or neglect, the loss of the ability to respond to stimuli located on the stroke-impaired side of the body.
• Emotional Senses. Finally, many stroke sufferers feel fear, anxiety, frustration, anger, sadness, and grief, primarily due to the psychological trauma of stroke. As a result, some stroke sufferers become clinically depressed, and, suffer from sleep disturbances, changes in eating patterns, lethargy, social withdrawal, irritability, fatigue, self-loathing, and suicidal thoughts.

Difficulties in Receiving LTD Benefits

Unfortunately, many LTD companies put up a fight when asked to payout on a policy following a stroke, as many of the related conditions are subjective in nature. Accordingly, it is imperative that a sufferer, along with his/her medical professional, ensure that the sufferer’s medical record contains objective evidence of the conditions caused by the stroke. Further, an LTD claimant should also be able to indicate how the symptoms caused by the stroke has affected his/her ability to function not only around his/her house, but also at his/her place of business. Working with an experienced disability benefits attorney, along with a medical professional, can help ensure that the claim is presented in the best possible, and most accurate, light.

Get Help

If you or a loved one recently experienced a stroke, and are worried about making ends meet, contact a disability benefits attorney as soon as possible. Submitting a claim with the help of an experienced disability benefits attorney can be the difference between acceptance and time spent on appeal. The legal team at Farrell Disability Law has the experience to help you. We will analyze your claim, educate you about the claim process, and develop a strategy to get you the benefits you deserve. Contact our Jacksonville office today.

Resource:

strokeassociation.org/STROKEORG/LifeAfterStroke/RegainingIndependence/PhysicalChallenges/Physical-Challenges-After-Stroke_UCM_308548_SubHomePage.jsp

Medical Cannabis

Medical Cannabis is the use of the cannabis plant (or its extracts) to treat a disease or symptom. As of this post, use of the cannabis plant (such as via ingestion or through burning) has not been approved by the FDA as a medical remedy. However, there are medications which comprise some of the chemicals found in cannabis – called cannabinoids – which have been approved. In any event, it has been claimed that cannabis, and these cannabinoids, can be used to treat the following conditions:

• Glaucoma;
• Disorders which can result in seizures;
• Human immunodeficiency virus / acquired immunodeficiency syndrome;
• Nausea;
• Anxiety;
• Crohn’s disease;
• Muscle spasms;
• Chronic malignant pain;
• Post traumatic stress disorder;
• Inflammatory bowel disease; and
• Arthritis.

Further, there are also claims that cannabis may help relieve the side effects of other, more debilitating or terminal conditions, such as cancer, lupus, multiple sclerosis, muscular dystrophy, amyotrophic lateral sclerosis, Alzheimer’s disease, and Parkinson’s disease.

Cannabis and SSDI Benefits

Although specific regulations regarding how the SSA will act regarding those who file SSDI claims and use cannabis, the general rule is that the SSA can deny benefits to an applicant who abuses illegal drugs or alcohol. Of note here is that, although Florida now permits medical cannabis, the SSA is a federal agency and, as such, adheres to federal law; thus, cannabis is considered an illegal drug. Abuse of an illegal drug or alcohol is deemed when the drug or alcohol is a contributing factor to the determination of disability. In other words, if the applicant would cease to remain disabled if he/she stopped abusing the illegal drug or alcohol, then the SSA may determine the use of the illegal drug or alcohol to be abuse. Claims may also be denied if it is proven that the abuse of the illegal drug or alcohol worsened the disability.

Thus, anyone using medical cannabis considering filing a claim for SSDI benefits should speak with a Social Security disability attorney. The attorney can determine if continuing medical cannabis will most likely result in a denial of an SSDI claim, and will work with the claimant’s medical professional to ensure that the use of medical cannabis is specifically meant to benefit the disabling condition.

Obviously, just as with the overuse of alcohol, it should be noted that the use of non-medical cannabis will most likely be deemed abuse by the SSA, and cause for denial of an SSDI claim.

Get Help

If you are have filed (or will shortly file) a claim for SSDI benefits, and currently use medical cannabis, or were recently been denied an SSDI claim due to your use of medical cannabis, contact the experienced disability legal team at Farrell Disability Law as soon as possible. Our experience in SSDI procedures will help give you the best chance for success. Contact our Jacksonville office today.

Resource:

marketwatch.com/story/legalizing-medical-marijuana-leads-to-an-increase-in-social-security-disability-claims-2017-09-25

What to Prepare

Two important pieces of information a claimant should be prepared to provide is a full medical history for all treatment received related to the disability, and a complete work history. A person’s medical condition and past work are two of the items that SSA uses to decide disability claims, so the more complete and accurate this information is from the beginning the faster one can be approved. Consequently, the following types of medical documentation and information will be needed:

• the names and contact information for all physicians who provided treatment for the disability;
• the names and contact information for all physicians who provided any other types of medical treatment, such as physical or rehabilitative therapy;
• all medications currently being taken;
• the dates for any medical testing; and
• the dates of treatment for the disabling condition.

Importantly, documentation of medical treatment received during the last 90 days should be collected and presented. The claimant needs to show recent medical treatment to prove the disability is still present.

A claimant’s work history for the past 15 years is also needed. This window of time is used, as opposed to all jobs performed in a person’s life, because it is considered to represent the most relevant skills a person possesses. This information should be written down in advance to ensure nothing is forgotten in the stress of a live interview.

In addition, biographical information related to marriage, divorce and minor or disabled children will be needed, and information related to incomes, other financial resources (i.e., stocks, land, vehicles or 401ks) and military service.

At the Interview

The interview itself usually takes about an hour to complete if the claimant prepared in advance. This step is essentially a fact-finding mission that involves SSA representative asking the claimant questions related to the information discussed above. Claimants scheduled for an interview typically receive a form to fill out in advance to list the names and contact information for past employers and relevant medical treatment, but if this form is not received, bring a written list of this information.

In-person interviews are best, but if this is not an option due to transportation or distance issues, phone interviews are available. Claimants are given a specific date and time to expect a phone call, and should prepare all the information listed above to provide to the SSA representative.

Consult a Disability Attorney

If you are suffering from a disabling condition and unable to work, talk to a disability attorney about qualifying for benefits through private insurance or SSDI. Farrell Disability Law, representing clients throughout Florida, understands how overwhelming and stressful the onset of a disability is, and will work to get you benefits you need so you can focus on managing your health. Contact us today for a free consultation.

Resource:

ssa.gov/pubs/EN-05-10029.pdf

How Long Each Step Takes

An SSDI applicant can expect to wait between 30-120 days for a decision on the initial application, with 90 days being the average wait time. A decision during the initial review is largely dependent on the amount of people applying for SSDI within a given geographical area, so individuals that live in larger cities can expect to wait longer because demand will be higher.

If the application is denied at the first stage, the vast majority of which are, the first level of appeal is to ask for a reconsideration. This stage is usually relatively short, often less than 60 days, because the evaluation process from the initial review is simply reapplied, and all medical evidence should be available for review, unless there is new information to submit. However, absent an error and compelling new medical evidence, applications are rarely approved at this stage.

The next step is to request a hearing in front of an administrative law judge. This stage is the longest, and applicants can expect to wait over a year to receive a hearing date, and then months to get a decision. However, applicants have the greatest chance of approval at this stage, making the wait worthwhile. Because this step involves an appearance before a judge, the services of an experienced Social Security disability attorney are usually necessary. These representatives understand the guidelines the SSA uses to determine disability claims, and thus will be able to present the applicant’s case most effectively.

Issues that Hamper Approval

Given the amount of time it takes to move through the SSDI claim approval process, limiting any issues that could hamper a decision are extremely important. The most common issues that can delay approval include:

• failing to update the SSA with current address and telephone contact information in case an examiner needs to call or write with questions;
• failing to provide all current and relevant medical evidence; and
• failing to keep a required SSA medical evaluation appointment.

Contact a Social Security Disability Attorney

Getting approval for SSDI benefits is vitally important to your financial and medical health. Thus, give yourself the best chance at success by hiring a social security disability attorney to handle your claim. Farrell Disability Law represents clients throughout Florida and South Georgia, and will strongly advocate for an approval. Contact the office for a free consultation.

Resource:

ncbi.nlm.nih.gov/pmc/articles/PMC4196714/

Working or having a job is often more than just a source of steady income. Being employed brings a sense of purpose and structure to a person’s day and life, and a big hole is left behind for many that find themselves un- or underemployed. While unemployment numbers have decreased from their height about 8 years ago, substantial layoffs are still commonly reported in the news. Involuntary employment will always be difficult to accept, but the emotional and financial instability of this situation is compounded when the unemployment is due to a disability that impacts a person’s ability to work. Everyone is at risk of developing a serious condition that requires curtailing or stopping work. Disability insurance exists to supplement the financial loss of these circumstances, and the most well-known form in this country is the Social Security Disability Insurance (SSDI) program offered by the federal government. SSDI turned 60 this year, and offers government benefits to adults with physical or mental impairments that prevent them from maintaining self-supporting employment. Without this assistance, many disabled individuals would not have enough money to provide for necessities, such as food and housing. Consequently, understanding the process to qualify for this benefit is crucial to anyone facing a debilitating health condition.

Pre-Application Requirements

Before a person is eligible to apply for SSDI, a few prerequisites must first occur. First, the applicant must be unable to work because of a medical condition that is expected to last at least 12 months or cause death. Second, the applicant must have enough work history to earn a sufficient number of work credits, which is calculated by the age at which the applicant became disabled. Thus, the older a person is when disability occurs, the more credits are needed to qualify for SSDI. Credits are earned based on a person’s annual salary or self-employment income, and typically, a person earns four credits a year. Applicants generally need 40 credits, with 20 earned in the past 10 years to qualify. Younger workers may qualify with fewer credits.

Applying

The Social Security Administration now allows applicants to apply for disability online. The application is very extensive, and requires a lot of detailed information to complete. It is not uncommon for applicants to receive assistance with completing the forms, which can easily take hours to complete, depending on the complexity of a person’s work and medical histories. Completing an application requires gathering a lot of information, so applicants typically have some prep work to do prior to initiating the application process. Examples of the type of information requested on an application include:

• work history for the previous 15 years starting from the time the medical condition developed that affects the applicant’s ability to work. This work history also includes a description of the duties at each job so the evaluators can assess the physical and mental stressors the applicant would experience if he/she returned to work; and
• a list of all doctors, hospitals and clinics that treated the applicant for the debilitating medical condition, including an account of all tests performed and medications prescribed.

Appeals

One important point to know about this process is that each step takes a considerable amount of time, and patience is needed to get through it. An applicant does have the right to appeal a denial of benefits. However, there are many layers to the SSDI appeals process, and it is best to hire a disability insurance attorney to handle this aspect of the application procedure to give an applicant the best chance of getting approved.

Contact a Florida Disability Law Attorney

Seeking disability benefits from the government is a trying process, but an attorney experienced in this area can take away some of the unavoidable stress. At Farrell Disability Law, representing clients throughout Florida, we understand how essential this money is, and will fight to get you approved at the earliest possible stage. Contact the office for a free consultation.

Resource:

ssa.gov/pubs/EN-05-10029.pdf