Disability for Hematological Disorders

This March is Bleeding Disorders Awareness Month! Hemophilia is perhaps the best-known bleeding disorder; however, other factor deficiency disorders can also significantly impact a person’s daily life. Bleeding disorders are a group of conditions that result when the blood cannot clot properly. In normal clotting, platelets (a type of blood cell) stick together and form a plug at the site of an injured blood vessel. Proteins in the blood called clotting factors then interact to form a fibrin clot, essentially a gel plug, which holds the platelets in place and allows healing to occur at the site of the injury while preventing blood from escaping the blood vessel. While too much clotting can lead to conditions such as heart attacks and strokes, the inability to form clots can be very dangerous as well, as it can result in excessive bleeding. Bleeding can result from either too few or abnormal platelets, abnormal or low amounts of clotting proteins, or abnormal blood vessels.

The Social Security Administration specifically recognizes several hematological disorders which often meet the criteria for eligibility for disability benefits, including hemolytic anemias, sickle cell anemia, thrombosis and/or hemostasis disorders (including hemophilia), and bone marrow failure. You can apply for Social Security Disability on the basis of any physical or medical disability condition (including blood disorders) which leaves you unable to perform the work which you have done in the past. In order to qualify, you must also prove to the Social Security Administration that your condition prohibits you from being reasonably trained to perform a different kind of work. You must also demonstrate that you anticipate being disabled for at least a year or that your disability is likely to end in your death.

If you or someone you know is unable to work due to a medical condition, please contact us for a free evaluation of your claim!

SSA’s hematological listings: https://www.ssa.gov/disability/professionals/bluebook/7.00-HemicandLymphatic-Adult.htm

Information on bleeding disorders: http://www.hematology.org/Patients/Bleeding.aspx

By: Joyce Trudeau of Premier Disability Services, LLC^®

Social Security’s Musculoskeletal Listings May Change

After almost six months of review, the Office of Management and Budget (OMB), has approved proposed amendments to Social Security’s Listings for musculoskeletal disorders. Expect this proposal to appear in the Federal Register in the near future. Remember that this is only a proposal. The public has a right to comment on the proposal. In general, agencies will specify a comment period ranging from 30-60 days, but the time period can vary.

The “notice‐and‐comment” process enables anyone to submit a comment on any part of the proposed rule. This process is not like a ballot initiative or an up‐or‐down vote in a legislature. An agency is not permitted to base its final rule on the number of comments in support of the rule over those in opposition to it. At the end of the process, the agency must base its reasoning and conclusions on the rulemaking record, consisting of the comments, scientific data, expert opinions, and facts accumulated during the pre‐rule and proposed rule stages.

When an agency publishes a final rule, generally the rule is effective no less than 30 days after the date of publication in the Federal Register. If the agency wants to make the rule effective sooner, it must cite “good cause” as to why this is in the public interest.

If you or someone you know is unable to work due to a medical condition, please contact us for a free evaluation of your claim!

See more here: https://www.reginfo.gov/public/do/

By: Thomas A. Klint of Premier Disability Services, LLC®

Are My Social Security Disability Benefits Permanent?

Contrary to popular belief, Social Security Disability Insurance and Supplemental Security Income benefits are not considered permanent disability benefits. In fact, the Social Security Administration (“SSA”) is supposed to review most cases every three to five years to determine whether an individual remains disabled. However, it is not uncommon for an Administrative Law Judge to recommend that a “younger individual,” which is defined as a person under the age of 50, be reviewed at the end of the first calendar year to see if there is medical improvement.

Historically, SSA had neglected these “continuing disability reviews,” but they are becoming more and more common. SSA has the burden of proving that there has been medical improvement when it comes to a disability review. However, it is not uncommon for SSA to deem that a medical improvement has occurred and stop benefits. You do have a right to appeal and you must read SSA’s notification letters carefully and follow the instructions. Here are some tips to keep in mind in hopes of ensuring a smooth disability review.

• Continue treating with your medical providers. If you stop treating, it is more likely that your benefits will be stopped.
• Respond to all notices. Pay attention to the deadlines in the letters that you receive from SSA. When returning requested forms to SSA, make sure you either drop them off at your local office and get a stamped receipt OR send them in by certified mail and request a signature.
• Get an updated letter of support from your treating specialist if you are in the midst of a review.
• Make sure SSA receives your updated medical records from your doctor if they are requested. Sometimes doctors fail to respond to SSA’s requests, which can jeopardize your benefits.
• Finally, be realistic. Some disabilities are permanent, but many are not. If your doctor is telling you to return to work, you may in fact be physically and mentally ready to start working again. Start slowly and make sure you notify SSA if you start earning money at any type of occupation.

Don’t worry. If the medical evidence and objective findings consistently supports that you remain disabled, you will likely retain your benefits. Just remember to make sure that you follow SSA’s directions and if you have any questions about the review process, call your local SSA office for details.

If you or someone you know is unable to work due to a medical condition, please contact us for a free evaluation of your claim!

By: Joyce Trudeau of Premier Disability Services, LLC®