How Do You Prove Your Diabetes Qualifies You for Disability Benefits?
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- Опубликовано: 24 дек 2024
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In this video Marc Whitehead, a Board Certified Disability Attorney, explains how you prove your diabetes qualifies you for disability benefits.
Millions of Americans are affected by Diabetes, disability claims filed by those who live with this disease are often denied benefits even though the claimants are truly no longer able to work.
For a person with diabetes, their body can't regulate their Blood Glucose (Blood Sugar). Insulin is the main hormone used by the body to regulate sugar. A Diabetics body cannot make enough insulin or can't process the insulin produced by the pancreas. Diabetes is a major cause of disability because it effects the entire body. It is identified with many serious complications and disabling symptoms.
Disabling chronic conditions may develop, such as
-Kidney Failure
-Cardiovascular disease
-Damage to the retina
Diabetes can also experience poor healing of wounds and gang green in the feet which may led to feet amputation. People with diabetes also frequently suffer from diabetic neuropathy.
Disability claims for people with diabetes are routinely challenged by insurance companies, The Social Security Administration, and The Department of Veterans Affairs.
If this has been your experience, it may be time to seek legal help in order to prove you are indeed disabled.
Social Security Disability Claims Based on Diabetes:
For a Social Security Disability Claim, you must prove one of two things-
Your Condition meets or is equals the medical description of diabetes found in the Social Security Listing of Impairments. Diabetes is listed under Section 9.0.
OR
If your condition is not sever enough to meet or equal the Social Security Listing. You must prove that your condition causes significant functional limitations that disable you from working.
In making this evaluation the Social Security Administration considers your age, education, work experience, and your Residual Functional Capacity. Social Security recently changed the requirements in their listings for Section 9.0.
The Section now states that you need to meet or equal a listing by showing that diabetes effects a specific area of your body, the SSA then evaluates the effected body system. In other words instead of being found disabled under Section 9.0 for diabetes, you must also refer to other specific listings.
For example: Hyperglycemia can cause long term complications that effects various body systems. The SSA evaluates these conditions under the effected body systems cardiac arrhythmia, intestinal necrosis, cerebral edema, and other move disorders. With proper preparation and skilled legal representation many with diabetes disability claims that are first denied by the SSA can be approved by the Administrative Law Judge when the Hearing comes.
Veterans Disability Based Diabetes:
The Department of Veterans Affairs Presumes that specific disabilities diagnosed in certain veterans were caused by their military service. For Vietnam Veterans, Type 2 Diabetes has been associated with exposure to Agent Orange and is required to be at least 10% disabling under the VA's rating regulations.
Basic requirements must be met including,
-A medical diagnosis of diabetes
-Evidence of service in Vietnam
The VA the refers to the schedule of rating disabilities when determining the level of the veterans Service Connected Disability. Diabetes is listed under the Endocrine System and is rated according to the loss of function and the effect on your ability to be employed.
If the VA denied you because they said your diabetes disability is not service connected, it existed before service, or it isn't sever enough. You need to consult with qualified legal counsel.
Long Term Disability Insurance Claims Based on Diabetes:
If your Diabetes claim was rejected by you insurance company, what do you do now?
Abundant court cases will attest that insurance companies are notorious for denying valid disability insurance claims. Our attorneys routinely work with complicated medical facts surrounding Diabetes Disability and communicate with treating doctors and experts, and challenge insurance companies physicians and other experts who seek to further their own interests.
For more on how to prove your Diabetes qualifies you for disability benefits please feel free to download one or all of our three free eBooks:
The Social Security Puzzle
Disability Policies: How to Unravel the Mystery
Veterans Disability Claims: Strategies for a Winning Campaign
Visit www.disabilitydenials.com for a free downloadable copy
Or contact our office to discuss your particular disability issues at:
Marc Whitehead & Associates Attorney at Law, LLP
403 Heights Blvd
Houston, TX 77007
(713) 228-8888