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Gathering Evidence And Writing The Appeal
Properly handling an LTD appeal is much more complicated than just completing some paperwork. Although a doctors note proclaiming your inability to remain in the workforce helps your case, it may not be enough for the insurance company to approve your LTD claim. At CCK, we take a comprehensive approach in managing your appeal. We gather all evidence that you will need in court and submit it with your appeal in order to provide the strongest evidence record possible. This evidence might include:
- Test results
- Reports from your treating physicians
- Expert opinions
- Witness statements from you, your family, friends, or co-workers
Preparing a strong and complete evidence record to file with your LTD appeal is especially important with ERISA-governed LTD appeals this is because in ERISA cases, the administrative appeal stage is the final opportunity a claimant has to submit substantive evidence into the record. One major source of adversity that ERISA LTD claimants face is the lack of flexibility in submitting new evidence to the administrative record in court. We gather all evidence and write the appeal using this information. In our appeal, we thoughtfully explain why you meet your policys definition of disability and other conditions for coverage. Our arguments are based on, and supported by, evidence.
Petition Get Essential Tremors Recognised As A Disability
To Make Essential Tremors a recognised Disabililty. Just like Parkinsons disease is recognised, and to be able to claim the disability allowances needed to make life easier for the people that suffer daily with this debilitating illness that gets worse with age, At present ESA and DLA is very difficult to be awarded for this illness and getting jobs and holding down jobs is extremly difficult due to the nature of this illness..and how if affects the person.. it changes day to day. Essential Tremors is more commonly suffered than Parkinsons, but it is not widely publicised and not many people are aware of this illness and how many people actually suffer from it.
This petition is closedThis petition ran for 6 months
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Risk Factors Of Tremors
Because we are still trying to determine the exact cause of essential tremor, we know relatively little about the factors that increase your risk of developing it. The biggest risk factor we know of for sure is having a parent with the condition.
Beyond the genetic component, the biggest risk factor we know of right now is age. People over age 40 are much more likely to develop essential tremors than younger people. Experts also believe there are some environmental risk factors, but so far have not been able to confirm any specific factor.
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A Long Term Disability Attorney Can Help
If you are suffering from Parkinsons and need to file a long term disability insurance claim, a specialized attorney can help. A long term disability attorney can advise you on leaving work protected, gather your medical records and evidence, and prepare the strongest claim possible to ensure your best chance of getting the long term disability insurance benefits you need.
Riemer Hess has been helping disabled professionals and executives successfully receive their benefits for over 25 years. Our disability lawyers will tackle your unique case with our proven strategy. We know how to bypass an insurance companys roadblocks and protect your financial future. Call us today at 297-0700, or click the button below to schedule a free consultation.
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Can You Receive Disability Benefits For Parkinson’s Disease
A degenerative brain disorder, Parkinsons Disease can result in numerous motor problems that range from minor muscle stiffness to severe difficulties with standing or speaking clearly. If you or a loved one has had a recent Parkinson’s Disease diagnosis or has had the disorder for a while now, you may know how difficult – or impossible – it is to hold a job with the disease. You may be wondering if you can receive disability benefits for Parkinsons, or Parkinsonian Syndrome diseases.
Proving Service Connection For Parkinsons Disease Without A Presumption:
As for any other non-presumptive conditions, veterans with Parkinsons who did not serve in a location listed above may still qualify for VA compensation. You will need to submit additional evidence to show that your exposure was during military service, and link the exposure to your Parkinsons.
Because PD is progressive, the VA does not make veterans wait for the disease to slowly evolve. So medical documentation of symptoms should pave the way to service connection. The first thing you need to provide is documentation that you have symptoms of Parkinsonism.
You will need to provide the VA with your
- Military separation records
- Service treatment records
- Medical evidence of diagnosis and treatment of Parkinsons
Timing and sufficient evidence of Parkinsons are critical, as a timely filing for VA compensation properly ensures that you can start receiving benefits from the date VA has your claim in hand.
You will also need your physicians opinion saying that your PD was caused by exposure to toxins in service, or by a service-connected traumatic brain injury . We recommend providing a statement detailing your exposure or event.
Regarding Parkinsons in particular, various instances exist by which veterans may qualify for service-connected VA compensation, including
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Considerations Before Full Disclosure
Its important to think twice before sharing personal or medical information with a boss. You cant predict how you will be perceived, and once you share your diagnosis you cant unsay it. Will you suddenly be under scrutiny to see how well youre working? Will your confidentiality be honored? Will co-workers resent you if your boss makes extra allowances for you? Will it go on your record and affect your future employability? Will you lose your job? It is natural to worry about these and other potential scenarios, but there are very good reasons for opening up to your employer.
Posted Scott B. Cooper on in Social Security Disability
Consider the case of Martha, a 38-year-old elementary school teacher. About two years ago, Martha noticed she was having a certain difficulty holding onto small objects. A year after that, even colleagues noticed that Marthas hands often shook with an irregular tremor, and there was a shaky sound to her voice. The tremor worsened when she was under stress, even when she tried not to shake.
Fortunately, Marthas primary care doctor referred her to an excellent specialist in neurology. After just a few tests, the neurologist was able to reassure Martha that her condition wasnt Parkinsons diseaseas she had fearedand wasnt likely to be fatal. Its a chronic condition that millions of Americans live with, called essential tremor.
The Right Legal Guidance Can Make The Difference In Getting Disability Benefits For Parkinsons Disease
At Marc Whitehead & Associates, we can help you prepare an initial SSDI or LTD application for the best possible outcome. If youve already been denied benefits for Parkinsons, our attorneys will develop and file a solid appeal to rebut a wrongful claim denial.
Our accredited veterans claims lawyers help vets across the U.S. get their rightful benefit payments approved in the shortest amount of time possible.
We have helped hundreds of claimants with Parkinsons disease get disability benefits. and as we analyze your situation, we identify and fix critical information gaps in any of part of your claim including missing medical data or incomplete vocational and functional evidence. We work in cooperation with your treating physicians and may enlist the assistance of qualified vocational experts, and much more.You must never give up. Call us toll free at or request a Free Legal Consultation to learn how we can help. Parkinsons is a serious disability, and we are able to assist you wherever you live.
About Marc Whitehead
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Laboratory Tests For Tremors
Because your doctor will be using the process of elimination to diagnose your essential tremor, they may want to order some laboratory tests. These will help rule out any other conditions that could be contributing to your tremors. Your doctor may need samples of your blood or urine to perform these tests.
Your doctor may order lab tests looking for thyroid disease or metabolic problems. They may also want to check if any medications youre taking have tremors as a possible side effect. And if your bloodwork shows certain levels of chemicals, that might explain why youre having tremors.
Here are tips on going in for your C& P Exam from one of our VA disability lawyers that has reviewed hundreds of them.
Qualifying With A Residual Functional Capacity
If your condition does not meet the Parkinsons disease listing or any other listing, you can may qualify for benefits though a residual functional capacity assessment . This assessment is a detailed report that explains what you can do for regular, full-time work. The RFC should explain how your tremors will likely affect your ability to perform basic job functions such as:
Additionally, the SSA will consider whether there are other limitations that your tremors will impose on your work that are non-exertional in nature. Your tremors may impact other aspects of your ability to perform expected job functions even if strength is not relevant to these determinations. For example, your tremors, medication or treatment of your condition may impact the following basic job functions:
- Completing other specific body positions that are routine for the job
- Completing other activities that require the repetitive use of fine motor skills
- Speaking clearly so others can understand
Tremors may also impact the ability of a person to work with others, pay attention or concentrate. They may also suffer from some mental health complications associated with essential tremors, such as anxiety, depression or nervousness.
If it is concluded that your condition prevents you from being able to work, you should qualify for benefits.
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Is Essential Tremor A Disability Uk
If a benign essential tremor severely affects your ability to use your hands, you should be able to get disability benefits. Although essential tremors and Parkinsons disease appear to have similar symptoms, essential tremors do not cause other life-threatening complications .
You may ask, Is Essential tremor a neurological disorder?
Essential tremor is a nervous system disorder that causes involuntary and rhythmic shaking. It can affect almost any part of your body, but the trembling occurs most often in your hands especially when you do simple tasks, such as drinking from a glass or tying shoelaces.
Living With Parkinson’s Disease
Parkinson’s disease is a degenerative disease, which means that the symptoms get worse with time. The most common early symptoms include body rigidity or stiffness and shakiness when the hands are at rest. Other early symptoms include fatigue, balance problems, slurred speech, reduced sense of smell, gastrointestinal problems, slowed movement, personality change, and lack of emotional expression. As the disease progresses, the symptoms get worse. Tremors and stiffness can affect the ability to move independently. Dementia may occur in the later stages of the disease.
There is no cure for Parkinson’s disease, but medications can help to control symptoms.
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Disabilities Secondary To Parkinsons Disease
While most people tend to think of Parkinsons disorder as a neurological movement disorder, and it most certainly is, many people do not realize that other systems in the body can also be severely affected by Parkinsons. Often, the same chemical exposure can also cause other disorders, such as ischemic heart disease. However, often it is the Parkinsons itself, or the medication used to treat it that is the causal factor in the development of a new disorder. Whether a veterans Parkinsons was caused by exposure to the TCDD in agent orange, pesticides, trichloroethylene, or its origins are unknown, Parkinsons cause many secondary health effects and disabilities.
Parkinsons is known as a neurodegenerative disorder that is, it causes neurons to degenerate or decay. The most famous area for PD degeneration is in an area of the brain called the substantia nigra, where Parkinsons causes the death of neurons that generate dopamine, a neurotransmitter which is involved with movement. However, more recent studies have also shown that Parkinsons also attacks nerves in the heart which produce another neurotransmitter, noradrenaline. This typically takes place in the left ventricle and can have many complications.
Veterans With Parkinsons Eligible For Tdiu
If your service-connected Parkinsons keeps you from working, benefits may also be available under a unique rating called Total Disability Based on Individual Unemployability . Under this program, the VA pays 100% of total disability compensation to veterans who are unable to earn a living, and whose service-connected disabilities are not rated as 100-percent disabling. You want to be sure to file for TDIU as well.
Do Parkinsonian Syndromes Qualify For Disability Benefits
According to the SSAs Blue Book, Parkinsons Disease is considered a disability and is a qualifying medical condition for disability benefits. In fact, the disease is listed within the collective name of Parkinsonian Syndromes in section 11.06 of the Blue Book. So, if you have signs of Parkinsonian Syndrome and not Parkinson Disease, you may still qualify for disability benefits.
To meet the SSAs requirements for disability benefits of the disease, you must be able to meet the following despite taking prescribed treatment for three consecutive months:
- Disorganization of motor function in two extremities, that results in an extreme limitation in the ability to stand up in a seated position, balance while standing or walking or use the upper extremities.
- Understanding, remembering, or applying information or
- Interacting with others or
Ii Activities Of Daily Living
1 = Mildly affected. No difficulty being understood.2 = Moderately affected. Sometimes asked to repeat statements.3 = Severely affected. Frequently asked to repeat statements.4 = Unintelligible most of the time.
1 = Slight but definite excess of saliva in mouth may have nighttime drooling.2 = Moderately excessive saliva may have minimal drooling.3 = Marked excess of saliva with some drooling.4 = Marked drooling, requires constant tissue or handkerchief.
4 = Requires NG tube or gastrotomy feeding.
1 = Slightly slow or small.2 = Moderately slow or small all words are legible.3 = Severely affected not all words are legible.4 = The majority of words are not legible.
9. Cutting food and handling utensils
0 = Normal.1 = Somewhat slow and clumsy, but no help needed.2 = Can cut most foods, although clumsy and slow some help needed.3 = Food must be cut by someone, but can still feed slowly.4 = Needs to be fed.
1 = Somewhat slow, but no help needed.2 = Occasional assistance with buttoning, getting arms in sleeves.3 = Considerable help required, but can do some things alone.4 = Helpless.
1 = Somewhat slow, but no help needed.2 = Needs help to shower or bathe or very slow in hygienic care.3 = Requires assistance for washing, brushing teeth, combing hair, going to bathroom.4 = Foley catheter or other mechanical aids.
12. Turning in bed and adjusting bed clothes
13. Freezing when walking
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Modifications And Adaptations In The Workplace
There are several modifications that can be made to the workplace to enable someone with PD to continue to work effectively. Occupational therapists can be a valuable resource and provide individual recommendations for adaptations or assistive devices to a persons workplace. Some common adaptations for the workplace include:
- Allowing a flexible schedule and/or flexible use of leave time to accommodate symptoms like fatigue
- Allowing an individual to work from home
- Reducing the amount of walking required or providing a scooter
- Installing an ergonomic work station
- Providing voice-recognition software instead of typing
- Providing speech amplifiers1,3
Parkinsons Disease And Long Term Disability
Patients with Parkinsons disease may be unable to work because of their disease and its related complications. Patients who find themselves unable to work because of their Parkinsons disease may qualify for long term disability benefits. The insurance company will review their claim to see if they qualify under the conditions of that plan.
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Qualifying When Your Symptoms Dont Meet The Criteria
It may still be possible for you to qualify for disability benefits even if you dont meet the above guidelines. Medical-vocational or med-voc rules stipulate that you will have to prove that the severity of your condition significantly limits your ability to perform basic actions at work
The SSA will review the report of your symptoms alongside your medical records and your doctors opinion, as well as an SSA-hired doctor to evaluate you and any other claim file evidence. After reviewing, they will assign you a residual functional capacity , the heaviest work classification that the SSA feels you are capable to perform. They will consider your level of education, prior work experience, and age to further determine what other jobs you could perform on a consistent basis.
The SSA will also take into consideration whether your ability to work is impacted by other conditions, be they physical or mental, when in the process of assigning you an RFC. You generally have a greater chance of being approved for benefits if you are over 50, as well as if you have a history of unskilled work or less education.