November is COPD Awareness Month!

Chronic obstructive pulmonary disease, or COPD, is a general term for several lung diseases, mainly chronic bronchitis and emphysema. These diseases are characterized by obstructed airflow through the airways in and out of the lungs. Both cause excessive inflammatory processes that eventually lead to abnormalities in lung structure and limited airflow. Both are progressive conditions that worsen over time.

COPD symptoms include shortness of breath, wheezing, and coughing. COPD also adds to the work of the heart, and can cause pulmonary heart disease. Treatment for COPD can include oxygen therapy, pulmonary rehabilitation, and various medications. The only known successful cure for emphysema is a lung transplant, but very few patients with emphysema are healthy enough to survive the surgery.

The Social Security Administration (SSA) has a disability listing laying out the requirements for getting automatically approved for disability for various chronic respiratory disorders, including COPD. If you meet the requirements of this listing, you automatically qualify for benefits. If your condition isn’t severe enough to meet the requirements of the official listing, you may still be able to prove that your COPD reduces your capacity to breathe and exert yourself so much that you can’t work.

Many people who suffer from COPD have other serious medical problems as well, such as coronary artery disease, high blood pressure, diabetes, and/or obesity, as well as mental issues such as depression. If you have multiple medical conditions that affect your ability to work, then you will have a better chance of getting benefits.

Contact our office today if you or anyone you know would like to learn more about qualifying for Social Security Disability benefits.

SSA’s respiratory listings: https://www.ssa.gov/disability/professionals/bluebook/3.00-Respiratory-Adult.htm

By: Joyce Trudeau of Premier Disability Services, LLC®

Common Reasons SSA Denies Benefits

Every year, millions of Americans file Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims. Of these, roughly 70% are denied at the initial level of the claims process. There are various reasons why disability benefits would be denied, and there are a number of different ways that applicants can be better prepared for the process.

• Lack of Medical Evidence. One of the most common reasons Social Security disability benefits are denied is the lack of concrete medical records. In order for your claim to be approved, you must provide substantial evidence to show that your medical condition hinders your ability to work your current job and will keep you from working in a similar role for at least one year. Having medical records from your primary care physician—indicating that your condition has affected your ability to work—is a requirement for the application process and is carefully reviewed by the Social Security Administration (SSA) during the claims evaluation.
• Income Exceeds the SGA Allowance. To be eligible for disability benefits, you must be unable to engage in what is known as substantial gainful activity, or SGA. The SSA defines substantial gainful activity as work that involves significant and productive duties and work that pays more than the current monthly income limit. In 2019, the monthly income limit is $1,220 (or $2,110 for those who are visually impaired). If you are working part-time while applying for disability benefits, the SSA will consider your monthly income when deciding whether to approve your claim and how much you may receive in benefits. If your part-time income exceeds the SGA allowance amount, you will not be eligible to receive benefits.
• Previous Denial. While it is crucial to file your initial claim as soon as you and your doctor determine that a medical condition may keep you out of work for more than a year, you should not immediately file a new claim if your original one is denied. If you do so, and nothing has changed, your new claim will be denied as well. If you are denied benefits for either a medical or non-medical reason, you may appeal the denial. If you need to file an appeal, the SSA allows you to complete an online appeals process, or you can reach out to a local Social Security office. You may also choose to hire an attorney or advocate to help you with the appeal process.
• Failure to Follow Prescribed Treatment. It is imperative that you follow any treatment prescribed by your doctor, as this is a key variable in the claims decision process.  If you do not follow your treatment plan, SSA examiners will not be able to accurately determine whether your disability truly prevents your ability to work because you are not taking the proper steps to treat the condition. Failure to follow treatment also indicates a lack of care as to whether you get better and re-enter the workforce, which is a red flag for reviewers and will result in a denied claim.
• Failure to Cooperate with the Claims Process. When applying for Social Security disability benefits, always follow the instructions for the application process and provide all documents and information needed by the SSA. If you fail to provide any necessary documentation—or fail to attend any scheduled meeting or medical exams—your claim may be denied. A full list of required documents and potential application questions is available online.

Contact our office today if you or anyone you know would like to learn more about qualifying for Social Security Disability benefits.

By: Joyce Trudeau of Premier Disability Services, LLC®

Disability Advocate Sues the City of Minneapolis over Rental Scooters

An advocate for people with disabilities is suing the city of Minneapolis and two electric scooter sharing companies, alleging the vehicles have made sidewalks inaccessible. The suit alleges that Minneapolis officials have failed to “adequately maintain the system of sidewalks, crosswalks, curb ramps, transit stops, pedestrian crossings and other walkways.” While making a hefty profit, the e-scooter companies have transformed public space into “private retail stores, showrooms, highways, and storage facilities,” the suit alleges, all “in abject disregard for the safety and access rights of residents or visitors with disabilities to the City of Minneapolis.”

Noah McCourt, who has autism and a coordination disorder that slows his reaction time, said he’s constantly dodging scooters on the sidewalk, and was left with a large bruise on his leg after tripping over a scooter at a light rail station.

McCourt said the vehicles are also an impediment to people who use wheelchairs. He claims in a federal lawsuit filed Wednesday that the city and scooter companies are violating the Americans with Disabilities Act.

“Cities always act like this is no big deal,” McCourt said. “They pooh pooh you. But this is a big deal for people with disabilities.”

A Minneapolis spokesperson said the city is not commenting on the lawsuit.

Lime, one of the other defendants, said in a statement that it has “engaged disability advocates,” and is working to “educate riders and the community about proper riding and parking etiquette to ensure scooters are parked in an orderly, respectful way.”

Bird, the other scooter operator named in McCourt’s lawsuit, ended operations in Minneapolis in late 2018.

The electric scooters reach up to 15 mph. They are dockless, meaning users can leave them anywhere — a perennial source of criticism for those who find them unsightly. Riders aren’t supposed to use sidewalks, but many do, and emergency room doctors say they’ve seen an uptick in injuries since the scooters arrived, mostly from people not wearing helmets.

The litigation follows a similar federal suit filed earlier this year in San Diego.

Minnesota law generally prohibits riding electric scooters on sidewalks. There are about 3,000 of the devices in use in the Twin Cities.

Contact our office today if you or anyone you know would like to learn more about qualifying for Social Security Disability benefits.

Sources: https://www.mprnews.org/story/2019/10/16/lawsuit-seeks-to-clear-sidewalks-of-escooters ; http://www.startribune.com/disability-rights-advocate-sues-rental-scooter-companies-alleging-blocked-sidewalks/563240172/

By: Joyce Trudeau of Premier Disability Services, LLC®