You May Be Entitled to Social Security Disability Benefits if You Have Suffered a Stroke

Is the Social Security Administration going to revise the HIV disability requirements?

Is the Social Security Administration going to revise the HIV disability requirements?

Are they going to revise it? We hope so! The Social Security Administration asked the Institute of Medicine (IOM) to review the criteria the Social Security Administration uses to evaluated HIV related Social Security Disability claims. IOM in a report, issued on September 20, 2010 says that HIV infection listings establish in 1993 are outdated and should be revised. IOM has made recommendations, which are currently be considered by the Social Security Disability Administration.

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How Winning Medical Records Will Improve Your Chances of Getting your Long Term Disability Benefits

The long term disability carrier is going to request a copy of your doctor’s records and often carriers claims adjudicators will try to deny your claim by cherry picking your doctor medical records.

Your doctor did not go medical school to learn how to fill out long term disability carrier forms, but they did learn how to write progress notes. The progress notes should show relevant physical exam findings so that there is objective evidence of your diagnosis of disability.

One key thing that you can do to help win your long term disability case is to tell you doctor about your functional limitations. What is a functional limitation? If you have difficulty bathing, dressing, cooking you should document those functional problems. Simply saying that you can’t take out the garbage isn’t good enough.

If you have problems walking because of back pain and aren’t able to walk from you kitchen to the garbage can outside, you should document that.

We suggest that you keep a log of your functional problems so that you can give that to your doctor at each visit.

You doctor’s progress notes keep track of your medical care but they do contain important information about your complaints and your functional limitations. Let your doctor’s notes tell the story of your disability so that you can win long term disability case.

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Cerebral Palsy and Your Rights to Social Security Disability Benefits

Cerebral Palsy impairs human development and it causes general disorders of movement. If you have been diagnosed with cerebral palsy and have worked 20 out of the last 40 quarters, you may be insured for the purposes of a Social Security Disability claim.

It is important to show that you have emotional development problems, including destructive behavior and/or speech or hearing defects, mental disability or an IQ of 80 or lower.

If you have applied for Social Security Disability benefits for cerebral palsy and have been denied, you should immediately appeal that denial and secure the assistance of a cerebral palsy Social Security Disability attorney.

Why? Social Security Disability cerebral palsy attorney can explain to you the Social Security Disability claims process and what you need to present to the Social Security Administration to prove your entitlement to Social Security Disability benefits for cerebral palsy.

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The Institute of Medicine Recommends New Criteria for Social Security HIV Requirements Based on CD4 Cell Count

At the request of the Social Security Administration, the Institute of Medicine (IOM) has evaluated the criteria used by the US Social Security Administration. There is concern that the HIV infection listings established in 1993 are out of date.

IOM agrees that the Social Security Disability criteria is outdated. The IOM is now recommending the following criteria to qualify for disability benefits:

1. A CD4 cell count at or below 50 cells per cubic milliliters of blood serum, a laboratory benchmark that indicates an advanced stage of illness.

2. One of the few rare but fairly severe disabling HIV associated conditions, such as pulmonary Kaposi-Sarcoma, certain lymphomas, dimension, or progressive multi-focal leukoencephalopathy (PML).

3. An HIV associated condition that appears in another section of the SSA’s full Listing of Impairments such as cardiovascular disease, chronic kidney disease and hepatitis.

4. An HIV associated condition that is not already included in other sections such as neuropathy, neurocognitive disorders and wasting syndromes.

The Social Security Administration is considering these criteria, which if adopted, would only be applicable to applicants who apply after the SSDI criteria for HIV are amended.

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Institute of Medicine Recommends Revised Social Security HIV Disability Requirements

On September 28, 2010, the Institute of Medicine (IOM), issued a report that says that the HIV related disability criteria used by the Social Security Administration is outdated. It recommends that the HIV disability criteria include qualifications based on CD4 cell counts and consider non-AIDS related complications such as neurocogntive impairments, chronic kidney disease, osteoporosis and treatment associated side effects. The Social Security Administration is taking these recommendations under consideration.

If You Do Not Understand Your Rights to Long Term Disability Benefits as a Result of AIDS, You’ll Hate Yourself Later

If you have been diagnosed with AIDS or certain non-AIDS related complications and you have a long term disability policy, you may be entitled to disability benefits. After all, you purchased the disability policy to provide you with peace of mind if you became unable to work for any reason.

Many long term disability carriers are unsympathetic to AIDS patients and will routinely site to CD4 cell recovery as the equivalent of the ability to return to work. Unfortunately, long term disability carriers also routinely ignore complications seen among AIDS patients receiving ARV therapy such as neurocogntive impairments, chronic kidney diseases, osteoporosis and side effects of medication. Each of these need to be developed to win your AIDS long term disability claim.

If your long term disability claim in the St. Petersburg area based on AIDS has been denied, you need the assistance of long term disability AIDS attorney Nancy Cavey. Call us today to begin the process.

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You Don’t Need to be a Genius to Understand that you May Be Eligible for Long Term Disability Benefits if You Suffer From Thrombophlebitis

You purchase your long term disability policy to protect your income and if you have been diagnosed with phlebitis or thrombophlebitis, you should apply for long term disability benefits.

Phlebitis is the inflammation of a vein that causes a circulatory problem. Phlebitis means a “vein with inflammation” and if it progresses to “thrombophlebitis” that means that you have a “blot clot”.

Deep thrombophlebitis is associated with tenderness, pain and swelling on your extremity, and difficulties with your extremities such as standing or walking. Unfortunately, there may be no signs of deep vein thrombosis until you have a pulmonary embolism that moves through your vein system to your lungs.

You have any of these symptoms, you should immediately go to the emergency room and seek medical care.

If you physician has told you that you are unable to work as a result of phlebitis or thrombophlebitis you should apply for long term disability benefits. It is important that you document the problems that you have with pain, swelling of your extremity and any problems you have with the activity of daily living such as walking, standing, or stooping.

If your claim for long term disability benefits as a result phlebitis or thrombophlebitis is denied, you should appeal that denial after you secure the services of a long term disability/ERISA attorney.

You should also apply for Social Security Disability benefits to provide you with additional financial assistance.

Thrombophlebitis can endanger your life and the denial of your long term disability claim can endanger the financial well being of you and your family. You should consult a phlebitis’s/thrombophlebitis long term disability attorney for assistance in your disability application and long term disability appeal process. Give us a call today to handle your case. 727-894-3188

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State Denies First Responders Claim Alleging that his Pre-Employment Blood Pressure Readings were Abnormal

One of the common defenses that employer/carriers commonly use in first responder claims is that the first responder didn’t pass the pre-employment physical. In the case versus Forester vs. Florida Highway Patrol, Investigator Forester had a pre-employment physical on October 19, 1993 that should blood pressure of 154/70, years after the fact, the state’s expert cardiologist, Dr. Talit testified that this was evidence of hypertension, while the claimants expert Dr. Sivasinkarne testified that a single blood pressure reading it’s evidence of hypertension. Judge Murphy rejected the argument that Investigator Foresters’ pre-employment blood pressure reading was abnormal and awarded workers’ compensation benefits.

The Long Term Disability Carrier asked me where I filled my Prescriptions, why?

FAQ:  The Long Term Disability Carrier asked me where I filled my Prescriptions, why?

Answer: Great question! Long term disability carriers have access to investigators who will canvass pharmacies near your home to determine whether or not you are getting your prescriptions filled and, what prescriptions are getting filled. Since you’ve signed a medical release they’ll use your release to get that information. At Cavey and Barrett, we restrict our clients signature on medical releases to prevent just this kind of abuse.