You Could Earn Up To $40140 A Year Get A Free Case Evaluation
If you are disabled because of the health impairments caused by Type 1 or Type 2 Diabetes prevent you from working, you may very well be entitled to Social Security Disability benefits. To see how much you could earn for disability with diabetes, use our disability calculator to see how much you could be able to earn in disability benefits.
Although total disability based on Diabetes and its related conditions can be difficult to prove compared to other disabling conditions, working closely with your doctors and a qualified Social Security Disability attorney or disability advocate can help to ensure that your Diabetes disability case will have the highest possible chance of success.
Regarded As Disabled Cases
Rodriguez v. ConAgra Grocery Products5 th Circuit granted summary judgment to plaintiff, finding that defendant regarded him as disabled based on statements by the company and its doctor about the dangers posed by plaintiff’s type 2 diabetes.
Davis v. Ozarks Electric CooperativePlaintiff was regarded as disabled based on statements made by the people who decided to terminate her showing unfounded fears about her safety on the job.
Johnston v. MidMichigan Medical CenterDistrict court found plaintiff could show he was regarded as disabled based on evidence that plaintiff’s manager took steps to document performance problems after learning of his diabetes and assumed, without medical evidence, that all performance concerns were caused by diabetes.
EEOC/Armstrong v. Northwest AirlinesDistrict court rejected motion for summary judgment against plaintiff with type 1 diabetes, finding that he could prove defendant regarded him as disabled based on statements by the company doctor about his “poorly controlled” diabetes.
How To Talk With Your Employer
People who want to talk with their employer about a disability may benefit from the following:
- talking with a person with whom they have a good relationship
- taking along a trusted colleague for support, if talking with an employer in-person
- explaining the situation in an email first, if a medical situation is complicated
- thinking of questions that an employer may ask and preparing answers in advance
- being aware that an employer may require medical documentation
- making a list of jobs that may require some sort of adjustment for the person to be able to carry out their work effectively
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Does Type 1 Diabetes Qualify For Disability Tax Credit
Type 1 diabetes requires consistent maintenance through things such as monitoring glucose levels, injecting insulin and more. If caring for the disease takes up to 14 hours per week to tend to, you will be eligible for the Disability Tax Credit.
Can I claim PIP for type 2 diabetes?
Can Type 1 diabetics get PIP?
Consult With Our New York Disability Attorneys For Your Disability Issues
If you need further medical or vocational testing, our New York disabilitys attorneys will refer you for it. The insurance company will want to interview you and have you examined by its doctor. We will prepare you to handle these events. The disability lawyers at Riemer & Associates are committed to helping you obtain all of the benefits to which you are entitled, while making the process as stress free for you as possible. To arrange for a consultation with Riemer & Associates, phone 212.297.0700.
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What Do I Need To Tell My Doctor To Have The Form Signed
It is important that physicians understand what they are signing.
If you have a child with Type 1 diabetes or are an adult with type 1 diabetes, make sure that your doctor understands that by signing the T2201, they are certifying ONLY that the individual has a diagnosis of Type 1 Diabetes. They are NOT being asked to specify how much time is spent on diabetes-related care.
CRA assumes managing Type 1 diabetes requires more than 14 hours dedicated to Life Sustaining Therapy.
For adults with insulin dependent diabetes , the doctor must understand exactly how you spend your 14 hours per week on your care. They may be asked to fill out a supplementary form.
Provide your doctor with as many details of what you do over a week as possible. It is important that they understand how you spend your time so that they can accurately fill out any supplementary form that they may receive.
Make sure that your doctor indicates that this condition is PERMANENT. It may affect the amount of time you are given the credit for.
What Can I Claim For
If you have either type 1 or type 2 diabetes, you will be eligible for certain benefits, depending on the extent to which your condition affects your life. For example, everyone in the UK with diabetes is entitled to free eye checks from the age of 12 once yearly screening for diabetic retinopathy. And if youre on any medication for your diabetes, youll receive free prescriptions.
There are additional benefits available to those with diabetes related to disability and long-term health, such as if you need help or if youre unable to work. Whether or not youre eligible depends on factors like additional health issues and how much diabetes affects your day-to-day activities.
Those most likely to be eligible are the young or elderly, people with mental health issues such as depression, those with learning disabilities, or serious complications. Parents can also claim on behalf of children with diabetes.
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Uncontrolled Diabetes Can Lead To:
Hyperglycemia complications include diabetic ketoacidosis and chronic hyperglycemia. Long term impairments can affect various body systems including musculoskeletal, special senses and speech, genitourinary, cardiovascular, digestive, neurological, and mental disorders. Both Type 1 and Type 2 diabetes can cause hyperglycemia.
Hypoglycemia complications include seizures and loss of consciousness.
How Can I Get Social Security Disability For Diabetes
The Social Security Administration maintains a listing of impairments, which includes both medical and mental health conditions that are considered severe enough to prevent a person from working. Diabetes is included on this listing of impairments under endocrine disorders. While the SSA notes that both Type 1 and Type 2 diabetes are usually well controlled, there may be a number of reasons why a person cannot control fluctuating blood glucose levels.
Most people who qualify for SSDI and/or SSI for diabetes do so because they have been diagnosed with a disabling condition related to the disease. In other words, the SSA typically does not approve a person for disability simply for having diabetes mellitus. Instead, an applicant may qualify for SSDI and/or SSI because their diabetes caused another condition and that condition is disabling.
The key to being approved for SSDI and/or SSI for diabetes or a related condition is demonstrating how it affects your ability to work. For diabetes mellitus, this may include showing that you cannot work because of the related conditions associated with diabetes. For any of these conditions, you must meet the specific criteria set out in the listing of impairments, and provide evidence of your diagnosis, treatment history, and how your illness affects your ability to work.
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A Good Attorney For Disabled Veterans Can Make A World Of Difference
At the law firm of Marc Whitehead & Associates, our VA-accredited claims attorneys represent military veterans throughout the United States with diabetes mellitus and complications arising from this disease. If you are unsatisfied with your rating decision or need assistance with your claim, call to discuss your options and determine how we can help.
How Do I Apply
You can do it through the local Social Security Administration office or state agencies .
You can apply in person, over the phone, by mail, or online. DDS will get information from your doctors to decide if your diabetes qualifies as a disability.
If you donât qualify, your case is kept on file in case you decide to appeal.
The process isnât quick. It can take 3 to 5 months to get a decision, depending on how long it takes for DDS to get your medical records and other information they need.
Itâs not unusual to be turned down the first time you apply. Up to 80% of first-time applications are rejected. If you appeal, it can take another 3 to 5 months to get a decision. If that appeal gets denied, you can appeal once more before an administrative law judge. That process can take as long as 2 years.
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Filing For Social Security Disability With A Diabetes Diagnosis
So,is diabetes a disability?
Diabetes is listed in the Social Security Administrations impairment listing manual, or Blue Book, as a condition which can qualify a person for Social Security Disability. The SSA makes no distinction between Type 1 and Type 2 Diabetes, however, and no mention is made in the Diabetes listing of any of the severe health problems caused by the condition.
Fortunately, many of these severe health problems are listed in the Blue Book as separate disabling conditions, as the SSAs qualification criteria focus on the actual health problems that affect an applicants ability to function in work and basic tasks, rather than specifically on a Diabetes diagnosis.
Meeting A Disability Listing For Diabetic Complications
The Social Security Administration has a listing of impairments that tells you how severe an illness must be to qualify for disability benefits. Unfortunately, diabetes is no longer included as a separate disability listing, so showing you’ve been diagnosed with diabetes won’t automatically get you disability benefits.
But, if you have complications arising from your diabetes that fall under another disability listing, you might get approved for benefits. Following are some listings that people with complications from diabetes often suffer from:
Because Social Security’s disability listings require that these complications be quite severe to qualify for disability, Social Security finds that most people who apply for disability due to diabetes do not meet a listing. The agency then goes on to do an RFC analysis to see if the applicant can do any type of work.
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Is Diabetes Therefore A Disability
Diabetes is a condition that might qualify a person for Social Security Disability, according to the Social Security Administrations impairment listing manual, known as the Blue Book.
However, the SSA does not differentiate between Type 1 and Type 2 Diabetes, and the classification of Diabetes does not emphasize any serious health issues that the condition can cause.
Since the SSAs qualification criteria focus on the actual health issues that affect an applicants ability to function in work and basic tasks rather than specifically on a Diabetes diagnosis, many of these serious health issues are fortunately listed in the Blue Book as separate disabling conditions.
How To Apply For Disability Benefits
to apply for disability benefits via the SSA website. If you would like to apply over the phone, you may call their toll-free number at 1-800-772-1213. If you want to speak in person, you may make an appointment at a local Social Security office.
When applying, be sure to have all important documents available, including:
- Social Security number and proof of age
- Any medical records related to the disability, such as test and lab results, medications, and medical professionals and organizations that have provided treatment
- Employment information
Original or certified copies from an issuing office should be used. These documents can be sent or taken to a Social Security office, where they will be photocopied and the original copies will be returned.
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Reasons Your Claim Might Be Denied
There are many reasons as to why your insurance company might decide to deny your claim for short-term or long-term disability benefits.
A few common examples are:
- Your insurer does not feel that you are seeking treatment on a regular basis or are receiving appropriate treatment
- You are not under the care of an appropriate specialist in the opinion of the insurer
- Lack of objective medical evidence to support the severity of your symptoms
- There are no medically supported restrictions or limitations
- You can work in a sedentary position , or if your position was sedentary, you should be able to continue working in such a capacity
If your claim has been denied at any stage, be it from the outset, while youre on claim or at the change of definition, you can fight the insurers decision. You are not limited to the insurers internal appeal process as you have the option to start a lawsuit against them.
You should be sure to speak with a lawyer who is well-versed in short-term/long-term disability matters to find out what your rights and obligations are as an insured person and to make sure you do not miss any limitation periods.
Our law firm offers a free initial consultation and our lawyers have helped many clients who have made disability claims related to diabetes and whose claims have been denied by their insurance companies.
What To Do If Your Application Is Denied
If an application for disability benefits is not accepted, you may appeal the decision. Appealing the decision may be done online or over the phone. The original decision letter provides the information regarding how to make an appeal. Be prepared to give further details on medical conditions and records that have been received since the first decision was made.
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For People With Type 2 Diabetes
If you have type 2 diabetes, but do not use multiple daily injections of insulin, you will not be eligible for the Disability Tax Credit under Life Sustaining Therapy. If you have other underlying issues, they may make you eligible, but your diabetes will not yet qualify you.
If you have type 2 diabetes and are on multiple daily injections, you may qualify. You will have to show that you spend over 14 hours per week on specific diabetes related tasks.
Does Diabetes Qualify For Social Security Disability Benefits
Diabetes can be debilitating, making it difficult for sufferers to work and support themselves. Fortunately, the Social Security Administration provides disability benefits for those unable to work due to their condition.
This article will discuss diabetes, what it is, how to apply for disability benefits if you have it, and why its crucial to get assistance from a social security disability law firm in Florida if you do.
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General Information About Diabetes
Diabetes is a group of diseases characterized by high blood glucose or sugar levels that result from defects in the bodyâs ability to produce and/or use insulin.4 Insulin is a hormone that helps the glucose enter the bodyâs cells to give them energy. With Type 1 diabetes, the body does not make insulin. With Type 2 diabetes, the more common type, the body does not make or use insulin well. Some women develop a type of diabetes called gestational diabetes during pregnancy when their bodies are not able to make and use all the insulin it needs, but may not have diabetes after giving birth. Without enough insulin, the glucose stays in the blood.5
Although diabetes cannot be cured, it can be managed. Some people are able to control their diabetes by eating a balanced diet, maintaining a healthy body weight, and exercising regularly. Many individuals, however, must take oral medication and/or administer insulin injections to manage their diabetes.6
With nearly two million new cases diagnosed each year, diabetes is becoming more prevalent in the United States and is the most common endocrine disease.7 Today, an estimated 18.8 million adults in the United States have diabetes.8
Proving Your Diabetes Is Disabling
Our New York disability attorneys will develop a complete package of medical and vocational evidence to submit with your claim. We will make sure that the insurance company has all the material it needs to understand why you are disabled.
A typical application package will include: the completed applications forms from the insurance company your medical records and test results a list of your medications and their side effects reports or questionnaires from your doctors describing your limitations your education, training, and employment history detailed descriptions of your job from you and your employer and your personal statement.
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Skin Infections That Are Slow To Heal
People suffering from diabetes often have trouble healing from infections, especially superficial skin wounds. As many as one in three diabetes patients will develop some type of skin issue. Patients with diabetes are also more susceptible to skin infections, including fungal and bacterial infections.
The list of skin issues that seem to prey on diabetes patients is long and varied, ranging from simple pruritus to dangerous skin infections like those caused by Staphylococcus aureus. Many of the most common skin ailments are either caused or exacerbated by a lack of appropriate blood flow, often seen in diabetes patients with poorly managed blood glucose. Also, patients with uncontrolled diabetes can develop styes and may more easily develop fungal infections in their fingernails and toenails.
To be eligible for SSDI benefits, you must have medical documentation of skin infections that fail to appropriately heal within three months, making walking or using your hands difficult or impossible.
It is important to note that meeting the listings is only one way to qualify for benefits based on diabetes/diabetes-related illnesses. If you have a severe condition but do not meet the listings, your work history, training, education, and age will be considered in determining whether you can work in any occupation possible with your physical limitations.
Programs Tied To The Dtc
People who are eligible for the DTC may also qualify for other important programs, including:
The Registered Disability Savings Program save for future expenses in a tax protected RDSP, which also attracts government grants and bonds .
The Child Disability Benefit a tax-free monthly payment made to caregivers of children under the age of 18 who qualify for the DTC.
Provincial and territorial tax credits
In addition to the federal DTC, some provinces and territories have disability tax credits or related programs. Consult your tax professional or provincial or territorial government websites for further information.
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