Disability benefits – Philippine Cerebral Palsy http://philippinecerebralpalsy.org/ Wed, 25 May 2022 00:04:18 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://philippinecerebralpalsy.org/wp-content/uploads/2021/11/cropped-icon-32x32.png Disability benefits – Philippine Cerebral Palsy http://philippinecerebralpalsy.org/ 32 32 7th Circuit upholds denial of disability benefits, urges petitioner to ‘try the job’ https://philippinecerebralpalsy.org/7th-circuit-upholds-denial-of-disability-benefits-urges-petitioner-to-try-the-job/ Thu, 19 May 2022 17:54:30 +0000 https://philippinecerebralpalsy.org/7th-circuit-upholds-denial-of-disability-benefits-urges-petitioner-to-try-the-job/

A Northern Indiana woman who applied for Social Security disability benefits shortly after graduating from high school was unconvinced on 7and Circuit Court of Appeals that an administrative law judge erred in dismissing his application.

Danielle Albert, 23, suffers from epilepsy, Asperger’s syndrome, ADHD, migraines and insomnia. She has only ever lived at home and her parents support her financially, help manage her medications and help her with other daily tasks.

In addition, Albert has never had a driver’s license, his neurologist having told him that his seizure disorder advised him not to drive. She never worked either.

Albert graduated from high school at LaGrange in 2017. Although she struggled in math, her academic performance was otherwise “average.” She has also participated in theater and the Indiana Academic Spell Bowl.

While still in high school, Albert expressed a desire to go to college and study criminal justice and forensic psychology. She hoped to work part-time while going to school.

Albert enrolled in an online college course, but stopped attending after suffering an epileptic seizure in September 2017. She then applied for Supplemental Security Income.

In 2019, an administrative law judge found that Albert had residual functional capacity for a range of work at all levels of effort, subject to a few restrictions.

The ALJ credited certain opinions provided by Dr. Stefanie Wade, a state agency advisory psychiatrist who examined Albert in January 2018. Specifically, the ALJ incorporated Wade’s opinions that Albert “was susceptible to have difficulty with social interactions” and that her “daily activities seemed to be simple, daily routines seemed somewhat set, comprehension seemed limited at times, and she had low concentration and low tolerance for frustration.

On one point, however, the ALJ chose not to credit Wade’s opinion. The ALJ found that “Dr. Wade’s opinion that [Albert] would need the support of others to perform appropriate daily tasks is unconvincing and not established as necessary to include in the [RFC].”

Instead, the ALJ credited the view of Dr. Donna Unversaw, a state agency physician who reviewed Albert’s records, including Wade’s report, and believed that Albert could “understand, execute and memorize simple instructions” and could “make judgments commensurate with the functions of simple and repetitive tasks.

After relying on the testimony of a professional expert, the ALJ concluded that Albert was not disabled.

On appeal, Albert argued that the RFC failed to consider each of his many limitations that prevented him from working.

But the 7and Circuit, while noting that it was “sympathetic to the struggles Albert has faced due to his medical condition”, was not convinced that the reversal was warranted.

First, the appeals court determined that even if the ALJ misunderstood the testimony given by Albert’s mother regarding her daughter’s motor skills, the error was harmless.

“If anything, the ALJ’s analysis ruled out a limitation — ‘significant motor neurological deficits, grip strength deficits, or significantly reduced manipulative abilities’ — that Albert doesn’t even advocate,” wrote the judge Michael Scudder for the unanimous panel. “The ALJ’s error, in short, did not affect the RFC and therefore does not require revocation.”

7and Circuit also found a second instance of innocuous error in the testimony, determining that the result was still the same.

“As Albert rightly points out, her parents did not testify that she was never left alone, only that they would be uncomfortable with her full-time single life,” Scudder wrote. “The ALJ saw inconsistencies where there were none. But again, this error did not impact the final RFC determination. Indeed, the error occurred during of the stage three assessment of the severity of Albert’s mental and physical impairments, not the stage four determination of the RFC, and no aspect of the RFC relied on Albert’s ability to live on his own.

Albert also argued that the ALJ ignored a January 2017 letter from her primary care physician, which stated that she was disabled due to autism.

“Given that substantial evidence supports the ALJ’s conclusion that Albert is not disabled, even taking into account his autism, Dr. Yoder’s letter is not sufficient to require a reversal, Scudder wrote, pointing to Deborah M. v. Saul994 F.3d 785, 788 (7th Cir. 2021).

In the end, the 7and Circuit determined that the ALJ’s determination “effectively compels Albert to try to find a job and give the job a chance.” If she is unable to work, the court said, she can apply for Social Security disability benefits again.

The case is Danielle Albert c. Kilolo Kijakazi, Acting Social Security Commissioner21-2592.

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How to claim and criteria https://philippinecerebralpalsy.org/how-to-claim-and-criteria/ Thu, 19 May 2022 07:00:00 +0000 https://philippinecerebralpalsy.org/how-to-claim-and-criteria/

Chronic Obstructive Pulmonary Disease (COPD) is a lung condition that causes difficulty breathing. In the United States, people with severe cases may be eligible for disability benefits.

COPD is a commmon condition that varies in severity. COPD causes no symptoms in some people, while it can cause respiratory failure in others. The condition results in airflow limitations and tissue damage in the lungs.

COPD is a progressive disease that gets worse over time. Quitting smoking can help slow the progression. However, even with proper treatment, COPD still progresses in severity and is a important cause morbidity and mortality in the United States

This article explains whether COPD is considered a disability, when it becomes disabling, how to qualify for benefits, and more.

The Americans with Disabilities Act (ADA) considers a disability to be any physical or mental impairment that significantly limits one or more major life activities. This includes different types of conditions, such as breathing disorders.

When COPD is severe, the symptoms of the disease can affect a person’s ability to perform certain activities they need to get by in daily life. These include activities that fall under the ADA criteria, such as walking, performing manual tasks, and breathing.

The Global Initiative for Chronic Obstructive Pulmonary Disease (GOLD) has established criteria for grouping COPD into four stages. These range from early to advanced stages:

Early COPD causes mild symptoms and is not cause for immediate concern. However, diagnosis and treatment are still important, as stage 1 management can determine disease progression.

Moderate COPD, or stage 2, also falls under the Category from an early stage. Diagnosis and treatment are needed to limit the worsening of the condition, but the tissues of the lungs are still largely intact.

Stages 3 and 4 are where COPD can become disabling. In stage 3, there is severe obstruction of a person’s airways and the lungs are hyperinflated. This causes shortness of breath, among other symptoms, which can limit a person’s ability to go about their daily life.

Learn more about worsening COPD here.

If COPD affects a person’s ability to work and live in the United States, they may be eligible to receive U.S. government disability benefits.

There are two types of benefits a person with COPD can receive. These are Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

To be eligible for COPD disability, a person must undergo a disability assessment and meet certain criteria. The Social Security Administration (SSA) requires evidence to show that the benefits are needed.

Disability Assessment Criteria

A disability assessment considers the following factors:

  • the severity of the medical condition
  • age
  • education
  • Professional skills
  • past work experience

The assessment of disability falls under different categories depending on the area of ​​the body they affect. COPD falls under section 3.0 of the Blue Book, which outlines the medical criteria used to assess eligibility.

Medical evidence

A person must provide medical evidence to show the seriousness of their condition and its impact on their ability to work and live their daily life. Medical proof is still required to qualify for disability benefits, even if a person uses supplemental oxygen.

Medical evidence must include the following:

  • medical history, including diagnosis of COPD
  • physical exam results
  • medical imaging results showing signs of COPD
  • pulmonary function test results
  • any medication taken for COPD

Pulmonary function tests may include:

With COPD, spirometry test results may not be meaningful, so it is good to back up the results with a DLCO test.

How to register

There are different methods people can choose to apply. People can apply for disability benefits either:

  • in person
  • by telephone
  • in line
  • by mail

To apply online:

  1. Use the SSA Disability Checklist to gather all necessary documentation.
  2. Complete the disability benefit application process.
  3. Complete the medical release form.

More details on eligibility requirements are available in the Blue Book.

The Blue Book outlines the SSA’s medical criteria for different conditions and the types of medical evidence that must be included in an SSDI application.

Health and Social Security professionals use Blue Book criteria to assess a person’s condition and eligibility for SSDI.

Section 3.0 of the Blue Book is the general category of respiratory disorders. COPD falls under article 3.02, which refers to chronic respiratory disorders.

A person should check whether they meet the Blue Book criteria and gather the required evidence before applying for disability benefits.

According to Disability Benefits Help, it typically takes between 3 and 5 months for the SSA to respond after a person submits their initial claim.

If the SSA approves the application, payments will usually begin within a few months. However, they can take up to a year. If payments take more than 5 months to start, a person will receive backdated payments in addition to their monthly allowance.

If the SSA denies an application, a person can review their submission and check to see if they missed any important details. The SSA retains records in case a claimant chooses to appeal.

Applying for benefits can seem like a long process, but it’s usually faster if a person can accurately present all the necessary evidence.

All necessary medical evidence must be ready and in order before applying. A person should provide as much evidence as possible to give the SSA a clear picture of the impact of COPD on their life.

This will reduce the chances of the request being refused. A person must verify that they meet all the criteria set out in the Blue Book.

Additionally, it may be helpful to hire an attorney or Social Security advocate. They are more likely to notice areas where information may be missing or sections that need improvement.

COPD is a condition that affects the lungs and can also affect other organs in the body. The disease is progressive, beginning with mild symptoms in the early stages and more severe in the later stages. These severe symptoms can affect a person’s quality of life and ability to work.

When COPD affects a person’s ability to work, they may be eligible for disability benefits in the United States. She will need to submit an application to the SSA for approval.

If the application is approved, a person will receive monthly disability benefit payments. If the SSA denies a claim, a person may choose to reassess their claim and appeal.

Although the process may seem long, receiving help from Social Security can benefit someone with severe COPD by helping to ease the financial pressures associated with a disabling medical condition.

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More than 1.1 million people waiting for disability benefit claims https://philippinecerebralpalsy.org/more-than-1-1-million-people-waiting-for-disability-benefit-claims/ Mon, 16 May 2022 20:57:00 +0000 https://philippinecerebralpalsy.org/more-than-1-1-million-people-waiting-for-disability-benefit-claims/

WAITING for the Social Security Administration (SSA) to approve your application for disability benefits can be a painfully long process for many.

There is a backlog of more than 1.1 million disability claims, according to the Chattanooga Times Free Press.

1

It is said that the first SSDI applications are refused about 65% of the time

According to the SSA, it usually takes three to five months to get a decision on your eligibility for Social Security Disability Insurance (SSDI).

More frustratingly, around 65% of early SSDI applications would be denied by the SSA.

It is therefore possible that you will wait for some time before your application is finally approved.

SSDI aims to bring relief to people with disabilities who can no longer work, or at the same capacity as before.

Below we reveal several ways to speed up the process if you think you are eligible for benefits.

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1. Make sure the information is accurate and sufficient

One of the reasons why your SSDI request might have been refused initially is that there may have been errors or you did not provide enough details.

Specifically, you will want to answer all questions and provide as much information as possible to the SSA.

For example, you will want to provide essential information about your employment history and medical treatment.

This includes names of doctors and hospitals, dates of treatment, as well as a list of your employers over the past 15 years with job titles and duties.

2. Appeal as soon as possible

If your request is denied, you can file an appeal from the date the decision is made.

Although you have 60 days to do so, you can speed up the process by submitting an appeal as soon as possible before the deadline.

If you wait the full 60 days, your application may be delayed.

Appeal forms can be downloaded online, or you can call the SSA at 1-800-772-1213 to request that one be sent to you.

3. Obtain a judge’s hearing

There are four levels of appeal you can file – but the most important might be to request a hearing from an Administrative Law Judge (ALJ).

Although winning in front of a judge is far from a guarantee, you will have better odds in your favor than when you first submitted your application.

It is said that the rate of approvals is 45% against 35% of refusals, and 20% of rejections.

To maximize your chances of winning, be sure to hire an attorney who is experienced and familiar with SSDI.

4. Dire need

There are several ways to get SSDI benefits faster by expressing an urgent need.

This includes if you are without food, medicine, and cannot obtain them due to a lack of financial assets.

Also, urgent need may apply if you are about to be evicted or seized, or if you are homeless.

If you think you qualify, you will need to write a Letter of Urgent Need and explain your situation to your SSA and why you need benefits sooner.

You should include any relevant documents in your letter.

5. terminal illness

A terminal illness that is incurable and can cause death can also help speed up the process.

The SSA considers the following situations to be terminal:

  • Lou Gehrig’s disease or ALS
  • Acquired Immunodeficiency Syndrome (AIDS)
  • Specific cancer types
  • Those receiving palliative inpatient care or palliative home care
  • On a cardiopulmonary life support machine
  • Those who are going to undergo a heart, liver or lung transplant

Importantly, you will need to provide the SSA with proof of your condition.

6. Military

Those who have been injured while serving in the military can also request that their claims be processed more quickly.

As long as the disability occurred while on active duty on or after October 1, 2001, you should be able to get your claim processed more quickly.

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Meanwhile, we break down how much you can earn in 2022 from SSI and SSDI and still qualify.

We also explain why it makes sense to start claiming Social Security at age 70.

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Disability benefits: Carer’s allowance fury as Boris told to increase social allowance | United Kingdom | News https://philippinecerebralpalsy.org/disability-benefits-carers-allowance-fury-as-boris-told-to-increase-social-allowance-united-kingdom-news/ Thu, 12 May 2022 18:55:49 +0000 https://philippinecerebralpalsy.org/disability-benefits-carers-allowance-fury-as-boris-told-to-increase-social-allowance-united-kingdom-news/

As the cost of living crisis mounts, vulnerable people are struggling to make ends meet, with some forced to sacrifice their basic needs to support others. One such example is Susanne Crosby, mother of a disabled 16-year-old girl with Rett Syndrome, a rare neurological condition that renders her unable to walk.

Ms Crosby and her husband have seen their bills soar as they fight to ensure their daughter gets the care she needs from power-hungry medical aides.

She told the Daily Express they were in such dire financial straits that she often only had yoghurt for lunch as she prioritized her child’s vital expenses.

Her touching story highlights the need for support, but the carer’s allowance of £69.70 a week is deemed grossly inadequate.

Express.co.uk readers rushed to comment calling on the government to show respect and increase benefits.

An outraged reader with the username Booo wrote: “Liar government only helps with £150 in power.

“They expect us to go into debt for the remaining £200.”

They continued: ‘People with disabilities have had no covid help and are now paying the price while the government recovers from paying money to others.

“Care allowance is a joke, it is paid at a lower rate than unemployment benefit for a week longer than 36 hours.

“We need help NOW, we’ve waited two and a half years to be noticed.”

This comment was echoed by someone with the username H Smith, who said: “The government needs to raise pensions and benefits in line with inflation, even if that means borrowing more money for the pay.

“And tax those energy companies too.”

Another reader using the username Dunky expressed empathy for the hardships the disabled girl’s family is going through.

They noted, “That this woman and her daughter are going through this is a disgrace to the system.”

Someone else with the username Mīnōtaurus said, “There is heat or food, which is a bad situation.

“But essential equipment to ensure someone can breathe the next day is not a choice, it needs funding.

“Any government, left or right, can certainly provide grants to fund essential energy like this.

“The calculations for such equipment are simplistic. Do it!!”

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People on PIP switching to the new disability benefit system may need to report the change to the DWP https://philippinecerebralpalsy.org/people-on-pip-switching-to-the-new-disability-benefit-system-may-need-to-report-the-change-to-the-dwp/ Thu, 12 May 2022 13:18:31 +0000 https://philippinecerebralpalsy.org/people-on-pip-switching-to-the-new-disability-benefit-system-may-need-to-report-the-change-to-the-dwp/

Following the launch of Disability Payment for Adults in Dundee, Perth and Kinross and the Western Isles in March, the next pilot areas to open for applications from new claimants will be in Angus, North Lanarkshire and South Lanarkshire on June 20.

This will be followed by Fife, Aberdeen City, Aberdeenshire, Moray, North Ayrshire, East Ayrshire and South Ayrshire on July 25. If you live elsewhere in Scotland, you can re-apply from August 29.

The new disability payment will replace the Personal Independence Payment (PIP) this year for all new claimants living in Scotland and over 305,000 existing claimants.

The transfer of existing claimants from the Department for Work and Pensions (DWP) system to Social Security Scotland will begin on August 29.

However, the advice on mygov.scot explains that if you are in receipt of any other benefits or services linked to your Disability Award, you will need to inform each organization of the switch to Social Security Scotland.

You should contact your local council to let them know about the move if you get:

  • Housing allowance
  • Residence tax reduction
  • Exemption from housing tax

The guide also states that you should also contact the DWP to notify them of the move if you get:

  • Universal Credit
  • Income support
  • Pension credit
  • Jobseeker’s Allowance (JSA)
  • Employment and Support Allowance (ESA)

It states: “You can do this by reporting a change in circumstances on each benefit you get.”

You only need to contact HM Revenue and Customs if your Disability Benefit rate changed during the move and you get either:

  • Child tax credit
  • Work Tax Credit

Care allowance

If you are receiving Child Disability Payment and your carer is receiving Carer’s Allowance, you do not need to contact anyone.

The DWP will share this information with the care allowance unit.

If you are on Adult Disability Payment and your carer is on Carer’s Allowance, you should contact the Carer’s Allowance Unit.

You should let them know that your Disability Award has been transferred to Social Security Scotland, as this information will not be shared automatically.

You can contact the Carer’s Allowance Unit via GOV.UK, here.

To keep up to date with changes to the PIP, join our Money Saving Scotland Facebook group here, follow Record Money on Twitter hereor subscribe to our bi-weekly newsletter here.

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Why Americans in Certain U.S. Territories Can’t Get Disability Benefits https://philippinecerebralpalsy.org/why-americans-in-certain-u-s-territories-cant-get-disability-benefits/ Wed, 04 May 2022 23:41:30 +0000 https://philippinecerebralpalsy.org/why-americans-in-certain-u-s-territories-cant-get-disability-benefits/

By Anita Hofschneider, Honolulu Civil Beat

May 4, 2022

When David Diamadi and his wife Joyce debated returning from Florida to Joyce’s home island of Guam more than a decade ago, they pondered what would be best for their daughter Haley, who has Down syndrome. Down.

Find out what’s happening in Honoluluwith free real-time Patch updates.

Living on the American island territory would bring them closer to many members of Joyce’s extended family and give Haley, then three years old, the chance to grow up loved and supported by her many cousins.

They knew that living in Guam would mean more limited options for medical care. But at the time, Diamadi had no idea that the decision they ultimately made would also eliminate her daughter’s ability to qualify for Supplemental Security Income, a federal benefit to support people with disabilities, when she turned 18.

Find out what’s happening in Honoluluwith free real-time Patch updates.

He would only discover years later that this had always been the case for residents of Guam and most of the US island territories.

The Diamadi family lives in Guam and their daughter is not eligible for federal disability insurance because they live in an ineligible US territory. Courtesy of David Diamadi

The United States Supreme Court ruled overwhelmingly last month that residents of Puerto Rico are not eligible for disability benefits because they live in US territory and do not pay the same federal taxes as people living in US states.

“Just as not all federal taxes extend to residents of Puerto Rico, neither do all federal benefit programs extend to residents of Puerto Rico,” Judge Brett Kavanaugh wrote in the majority opinion for the United States v. Vaello Madero case, signed by eight of the nine judges.

The case involved a Puerto Rican resident, Jose Vaello Madero, who received disability benefits when he lived in New York and continued to receive the checks when he moved to Puerto Rico. When the federal government realized that Vaello Madero had moved to the island territory, the government sued for reimbursement of more than $28,000 in disability benefits.

Not all territories are excluded from the program. Residents of the Northern Mariana Islands are eligible for disability benefits due to their unique political status.

But the Supreme Court’s ruling underscores that residents of Guam, American Samoa, Puerto Rico and the Virgin Islands will not be eligible for additional funding anytime soon, a blow to advocates who say citizens of US territories deserve the same access to federal programs as people in US states.

Still, the case is just one development amid a broader ongoing advocacy effort to overturn Island cases, a long-standing legal precedent that helps justify the different treatment of Americans who live in the territories. Americans compared to residents of American states.

This week, plaintiffs in another case, Fitisemanu v. United States, petitioned the Supreme Court to grant American Samoans the right to birthright citizenship. Currently, people born in American Samoa are US nationals and must move to another US jurisdiction and apply through an expedited process to receive US citizenship.

United States V. Vaello Madero

Judge Sonia Sotomayor was the sole dissenter in the United States v. Vaello Madero case. She argued that those eligible for the Supplemental Security Income program “pay little or no tax at all.”

Basing program eligibility on payment of taxes could disqualify “needy residents of Vermont, Wyoming, South Dakota, North Dakota, Montana, and Alaska from benefit programs on the grounds that residents of these states pay less to the federal treasury than residents of other states,” she wrote.

She also wrote that Island affairs “were based on beliefs that were both abhorrent and false”. Judge Neil Gorsuch, in his concurring opinion, also wrote that “the flaws in island business are as fundamental as they are shameful.”

Neil Weare, a lawyer and founder of the nonprofit advocacy group Equally American, is representing American Samoan plaintiffs in Fitisemanu v. United States. He is also in the midst of a lawsuit in Hawaii, Borja v. Nago, pushing for voting rights for residents of Guam and the US Virgin Islands.

Weare found Sotomayor’s and Gorsuch’s opinions encouraging, particularly because both judges came to the same conclusion even though Gorsuch is conservative and Sotomayor is liberal.

“No Supreme Court justice ever said explicitly that it was time to overturn the island cases,” he said. It is “a good sign that they are looking to solve these problems”.

Not everyone agrees that residents of the territory should be treated the same as US citizens in the states, or with efforts to extend citizenship to American Samoans.

In fact, the government of American Samoa has strongly opposed this effort and has emphasized the value of American national status out of concern for how canceling island affairs might violate local laws and customs.

American Samoa and the Northern Mariana Islands have restricted land ownership that many locals see as a vital part of indigenous sovereignty, and some scholars believe these land laws could be threatened if island affairs are overturned.

Extending Supplemental Security Income to the territories has met with less resistance than extending US citizenship, but comes at a steep price. According to one estimate, between 2021 and 2023, the program could cost $22.7 billion to residents of Puerto Rico and $0.7 billion to residents of other territories.

Biden’s Build Back Better proposal would have permanently extended Supplemental Security Income payments to residents of U.S. island territories, but the high price tag of the president’s many proposals stalled legislation in the stalled Senate amid Republican opposition.

Need 24/7 care

Weare still thinks Vaello Madero’s decision could spur Congress to act.

David Diamadi, a member of the National Guard who has been deployed to the Middle East and works for the Department of Defense, does not share Weare’s optimism.

“I have very little confidence that anything will pass anytime soon,” he said, citing partisan divisions in Washington.

Diamadi said the amount of disability assistance they would receive — about $775 a month — isn’t a huge amount, but would be enough to make a difference in the family’s financial spreadsheets.

Haley has an extreme version of Down syndrome. At 17, she still wears diapers, can’t fully speak, and doesn’t have a long attention span. She also suffers from epilepsy, autism and ADHD.

“She covers the full range of many disabilities,” he said. She will always need someone to look after her, Diamadi thinks, and that kind of 24/7 care is what a monthly social insurance payment could help cover.

Diamadi understands the argument that residents of the territory should pay more taxes to access more federal benefits. At the same time, he said, “She’s an American citizen. I’m an American citizen.”


Honolulu Civil Beat is dedicated to building a body of informed citizens, all striving to make Hawaii a better place to live. We do this through investigative and surveillance journalism, in-depth corporate reporting, analysis and commentary that gives readers a bird’s-eye view of issues important to our community.

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Why Americans in Certain U.S. Jurisdictions Can’t Get Disability Benefits https://philippinecerebralpalsy.org/why-americans-in-certain-u-s-jurisdictions-cant-get-disability-benefits/ Wed, 04 May 2022 10:01:33 +0000 https://philippinecerebralpalsy.org/why-americans-in-certain-u-s-jurisdictions-cant-get-disability-benefits/

When David Diamadi and his wife Joyce debated returning from Florida to Joyce’s home island of Guam more than a decade ago, they pondered what would be best for their daughter Haley, who has Down syndrome. Down.

Living on the American island territory would bring them closer to many members of Joyce’s extended family and give Haley, then three years old, the chance to grow up loved and supported by her many cousins.

They knew that living in Guam would mean more limited options for medical care. But at the time, Diamadi had no idea that the decision they ultimately made would also eliminate her daughter’s ability to qualify for Supplemental Security Income, a federal benefit to support people with disabilities, when she turned 18.

He would only discover years later that this had always been the case for residents of Guam and most of the US island territories.

The Diamadi family lives in Guam and their daughter is not eligible for federal disability insurance because they live in an ineligible US territory. Courtesy of David Diamadi

The United States Supreme Court ruled overwhelmingly last month that residents of Puerto Rico are not eligible for disability benefits because they live in US territory and do not pay the same federal taxes as people living in US states.

“Just as not all federal taxes extend to residents of Puerto Rico, neither do all federal benefit programs extend to residents of Puerto Rico,” Justice Brett Kavanaugh wrote in the majority opinion for the United States v. Vaello Madero case, signed by eight of the nine judges.

The case involved a Puerto Rican resident, Jose Vaello Madero, who received disability benefits when he lived in New York and continued to receive the checks when he moved to Puerto Rico. When the federal government realized that Vaello Madero had moved to the island territory, the government sued for reimbursement of more than $28,000 in disability benefits.

Not all territories are excluded from the program. Residents of the Northern Mariana Islands are eligible for disability benefits due to their unique political status.

But the Supreme Court’s ruling underscores that residents of Guam, American Samoa, Puerto Rico and the Virgin Islands will not be eligible for additional funding anytime soon, a blow to advocates who say citizens of US territories deserve the same access to federal programs as people in US states.

Still, the case is just one development amid a broader ongoing advocacy effort to overturn Island cases, a long-standing legal precedent that helps justify the different treatment of Americans who live in the territories. Americans compared to residents of American states.

This week, plaintiffs in another case, Fitisemanu v. United States, petitioned the Supreme Court to grant American Samoans the right to birthright citizenship. Currently, people born in American Samoa are US nationals and must move to another US jurisdiction and apply through an expedited process to receive US citizenship.

United States V. Vaello Madero

Judge Sonia Sotomayor was the sole dissenter in the United States v. Vaello Madero case. She argued that those eligible for the Supplemental Security Income program “pay little or no tax at all.”

Basing program eligibility on payment of taxes could disqualify “needy residents of Vermont, Wyoming, South Dakota, North Dakota, Montana, and Alaska from benefit programs on the grounds that residents of these states pay less to the federal treasury than residents of other states,” she wrote.

She also wrote that the island affairs “were based on beliefs that were both abhorrent and false”. Judge Neil Gorsuch, in his concurring opinion, also wrote that the “flaws of island business are as fundamental as they are shameful”.

Neil Weare, an attorney and founder of the nonprofit advocacy group Equally American, is representing American Samoan plaintiffs in Fitisemanu v. United States. He is also in the midst of a lawsuit in Hawaii, Borja v. Nago, pushing for voting rights for residents of Guam and the US Virgin Islands.

Weare found Sotomayor’s and Gorsuch’s opinions encouraging, particularly because both judges came to the same conclusion even though Gorsuch is conservative and Sotomayor is liberal.

“No Supreme Court justice ever said explicitly that it was time to overturn the island cases,” he said. It is “a good sign that they are looking to solve these problems”.

Not everyone agrees that residents of the territory should be treated the same as US citizens in the states, or with efforts to extend citizenship to American Samoans.

In fact, the government of American Samoa has strongly opposed this effort and has emphasized the value of American national status out of concern for how canceling island affairs might violate local laws and customs.

American Samoa and the Northern Mariana Islands have restricted land ownership that many locals see as a vital part of indigenous sovereignty, and some scholars believe these land laws could be threatened if island affairs are overturned.

Extending Supplemental Security Income to the territories has met with less resistance than extending US citizenship, but comes at a steep price. According to one estimate, between 2021 and 2023, the program could cost $22.7 billion to residents of Puerto Rico and $0.7 billion to residents of other territories.

Biden’s Build Back Better proposal would have permanently extended Supplemental Security Income payments to residents of U.S. island territories, but the high price tag of the president’s many proposals stalled legislation in the stalled Senate amid Republican opposition.

Need 24/7 care

Weare still thinks Vaello Madero’s decision could spur Congress to act.

David Diamadi, a member of the National Guard who has been deployed to the Middle East and works for the Department of Defense, does not share Weare’s optimism.

“I have very little confidence that anything will pass anytime soon,” he said, citing partisan divisions in Washington.

Diamadi said the amount of disability assistance they would receive — around $775 a month — isn’t a huge amount, but would be enough to make a difference in the family’s financial spreadsheets.

Haley has an extreme version of Down syndrome. At 17, she still wears diapers, can’t fully speak, and doesn’t have a long attention span. She also suffers from epilepsy, autism and ADHD.

“She covers the whole range of many disabilities,” he said. She will always need someone to look after her, Diamadi thinks, and that kind of 24/7 care is what a monthly social insurance payment could help cover.

Diamadi understands the argument that residents of the territory should pay more taxes to access more federal benefits. At the same time, he said, “She’s an American citizen. I am an American citizen.

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What medical conditions qualify for disability benefits in Barrie? https://philippinecerebralpalsy.org/what-medical-conditions-qualify-for-disability-benefits-in-barrie/ Thu, 28 Apr 2022 11:02:51 +0000 https://philippinecerebralpalsy.org/what-medical-conditions-qualify-for-disability-benefits-in-barrie/

Statistics show that nearly one-third of people with severe disabilities continue to work. If you’re one of those people, you might be thinking, “I need help. But does my medical condition qualify for disability benefits in Ontario?’

This is both a common and complicated question. This is common because 22% of Canadians aged 15 and older report having at least one disability (many of which are mental health related). And it’s complicated because the eligibility criteria aren’t clear.

So what conditions are eligible for disability benefits?

Many medical conditions can potentially qualify for disability benefits. However, it all depends on the degree of disability and whether the disability meets the requirements of your benefit plan and program. The determining factor is the level of impairment rather than the name of your diagnosis.

What are the challenges?

Each medical condition comes with its own challenges.

Mental illness, for example, is an invisible disease that cannot be detected in a diagnostic test. But one in three workplace disability claims in Canada is related to mental illness! In many cases, an insurance company will dismiss a doctor’s assessment as not compelling enough. “Insurance companies don’t tell you that they’re looking for every way not to pay benefits,” said Samantha Share, assistant managing director at Share Lawyers. “They often refer to the fact that they asked their medical adviser to review the claim and base their decision to deny benefits on the review opinion of the documents from this anonymous medical adviser.”

Other common tactics used by the insurance company are to deny claims based on a missing or unclear diagnosis, lack of treatment for the disease, or the assumption that the symptoms of the disease do not are not serious enough to prevent the claimant from working in his own or any other occupation.

Just because you were denied your benefits doesn’t mean you have to go back to work and fight your symptoms. Don’t be fooled by the initial reaction of the insurance company.

You can fight for what you deserve.

Disability insurance policies are not all the same

To be eligible for long-term disability benefits, you must establish that your medical condition prevents you from performing your job or any job for which you are qualified. However, different insurance companies, such as RBC Insurance, Manulife and Sun Life (to name a few) use different (but similar) language to define what constitutes total disability under their respective long-term disability policies, and it is important to review and understand the precise definition of total disability that would apply to your claim. Use this free online tool to find out how an experienced lawyer can help you manage your claim.

What medical conditions qualify for long-term disability?

Assuming you don’t have an excluded condition, you may qualify for long-term disability benefits if your medical condition prevents you from doing your regular job. Some common injuries and medical conditions are:

  • Addiction
  • ADHS
  • aneurysm
  • Back injuries
  • Brain damage
  • Bipolar disorder
  • Cancer
  • Chronic fatigue syndrome
  • chronic pain
  • Chron’s disease
  • Depression
  • Eating disorders
  • Endometriosis
  • Epilepsy
  • Fibromyalgia
  • broken bones
  • gender dysphoria
  • Head trauma
  • Heart disease
  • Herniated disc
  • hip replacement
  • Inflammatory bowel disease
  • Lupus
  • Mental health problems
  • Multiple Chemical Sensitivity
  • Multiple sclerosis
  • nerve damage
  • Neurological disorders
  • Paraplegia
  • Parkinson’s disease
  • Pelvic injuries
  • Psychiatric disorders
  • Post-traumatic stress disorder (PTSD)
  • Quadriplegia
  • Schizophrenia
  • Severe migraines
  • Sleeping troubles
  • Spinal cord and nerve injuries
  • Ulcerative colitis
  • Dizziness and blurred vision
  • COVID 19 and COVID Long

Although some conditions may not appear to be disabilities, they can nevertheless negatively affect a person’s life. They may need care, support and expert legal assistance to ensure their application is approved.

Have your disability benefits been denied in Barrie? What’s your next step?

Applicants who are denied disability benefits should use one of the free online tools available to find out if they have a valid disability case and should not wait to call a disability attorney. The longer they wait, the longer they will remain without income. Samantha Share said: ‘A disability lawyer can initiate the appeal or prosecution process immediately. They can also make suggestions as to other forms of income that may be available to the applicant during the waiting period.

]]>
What medical conditions qualify for disability benefits in Timmins? https://philippinecerebralpalsy.org/what-medical-conditions-qualify-for-disability-benefits-in-timmins/ Thu, 28 Apr 2022 11:02:17 +0000 https://philippinecerebralpalsy.org/what-medical-conditions-qualify-for-disability-benefits-in-timmins/

Statistics show that nearly one-third of people with severe disabilities continue to work. If you’re one of those people, you might be thinking, “I need help. But does my medical condition qualify for disability benefits in Ontario?’

This is both a common and complicated question. This is common because 22% of Canadians aged 15 and over report having at least one disability (many of which are mental health related). And it’s complicated because the eligibility criteria aren’t clear.

So what conditions are eligible for disability benefits?

Many medical conditions can potentially qualify for disability benefits. However, it all depends on the degree of disability and whether the disability meets the requirements of your benefit plan and program. The determining factor is the level of impairment rather than the name of your diagnosis.

What are the challenges?

Each medical condition comes with its own challenges.

Mental illness, for example, is an invisible disease that cannot be detected in a diagnostic test. But one in three workplace disability claims in Canada is related to mental illness! In many cases, an insurance company will dismiss a doctor’s assessment as not convincing enough. “Insurance companies don’t tell you that they’re looking for every way not to pay benefits,” said Samantha Share, assistant managing director at Share Lawyers. “They often refer to the fact that they asked their medical adviser to review the claim and base their decision to deny benefits on the review opinion of the documents from this anonymous medical adviser.”

Other common tactics used by the insurance company are to deny claims due to an uncertain or uncertain diagnosis, lack of treatment for the disease, or the assumption that the symptoms of the disease are not serious enough to prevent the claimant from working in his own or any other occupation.

Just because you were denied your benefits doesn’t mean you have to go back to work and fight your symptoms. Don’t be fooled by the initial reaction of the insurance company.

You can fight for what you deserve.

Disability insurance policies are not all the same

To be eligible for long-term disability benefits, you must establish that your medical condition prevents you from performing your job or any job for which you are qualified. However, different insurance companies, such as RBC Insurance, Manulife and Sun Life (to name a few) use different (but similar) language to define what constitutes total disability under their respective long-term disability insurance policies, and it is important to review and understand the precise definition of total disability that would apply to your claim. Use this free online tool to find out how an experienced lawyer can help you manage your claim.

What medical conditions qualify for long-term disability?

Assuming you don’t have an excluded condition, you may qualify for long-term disability benefits if your medical condition prevents you from doing your regular job. Some common injuries and medical conditions are:

  • Addiction
  • ADHS
  • aneurysm
  • Back injuries
  • Brain damage
  • Bipolar disorder
  • Cancer
  • Chronic fatigue syndrome
  • chronic pain
  • Chron’s disease
  • Depression
  • Eating disorders
  • Endometriosis
  • Epilepsy
  • Fibromyalgia
  • broken bones
  • gender dysphoria
  • Head trauma
  • Heart disease
  • Herniated disc
  • hip replacement
  • Inflammatory bowel disease
  • Lupus
  • Mental health problems
  • Multiple Chemical Sensitivity
  • Multiple sclerosis
  • nerve damage
  • Neurological disorders
  • Paraplegia
  • Parkinson’s disease
  • Pelvic injuries
  • Psychiatric disorders
  • Post-traumatic stress disorder (PTSD)
  • Quadriplegia
  • Schizophrenia
  • Severe migraines
  • Sleeping troubles
  • Spinal cord and nerve injuries
  • Ulcerative colitis
  • Dizziness and visual disturbances
  • COVID 19 and COVID Long

Although some conditions may not appear to be disabilities, they can nevertheless negatively affect a person’s life. They may need care, support and expert legal assistance to ensure their application is approved.

Have your disability benefits been denied in Timmins? What’s your next step?

Applicants who are denied disability benefits should use one of the free online tools available to find out if they have a valid disability case and should not wait to call a disability attorney. The longer they wait, the longer they will remain without income. Samantha Share said, “A disability lawyer can start the appeal or prosecution process right away. They can also make suggestions as to other forms of income that may be available to the applicant during the waiting period.

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Agencies loosen rules on federal government disability benefits, and more https://philippinecerebralpalsy.org/agencies-loosen-rules-on-federal-government-disability-benefits-and-more/ Wed, 27 Apr 2022 20:56:30 +0000 https://philippinecerebralpalsy.org/agencies-loosen-rules-on-federal-government-disability-benefits-and-more/

The Biden administration announced two initiatives in the past week aimed at making it easier for certain federal workers and veterans to receive disability benefits associated with chronic illnesses related to their job duties.

Last week, the Department of Labor announced a long-awaited easing of the burden of proof that federal firefighters bear to prove that an array of cancers and other long-term heart and lung conditions were caused by exposure to smoke and chemicals while fighting wildfires while claiming workers’ compensation. advantages.

Under the new policy, a federal firefighter who develops cancer or other chronic heart and lung disease and is applying for benefits under the Federal Employees Compensation Act will no longer have to provide evidence to prove that their condition was caused by a specific incident or exposure to hazardous materials, provided they were engaged in firefighting for at least five years and the conditions were diagnosed within 10 years of their last exposure.

Additionally, all federal firefighter workers’ compensation claims will be handled by a new Special Claims Unit within the Department of Labor, staffed by experts trained specifically in the issues firefighters face both on the job and in the workplace. of the claim for disability benefits.

Then on Monday, the Department of Veterans Affairs announced that it was adding nine rare respiratory cancers associated with burn sites to the list of covered disabilities on a presumptive basis, in keeping with a promise made by President Biden during his speech on the state of the union.

Like the Department of Labor’s change, the new VA rule means veterans will no longer have to provide evidence linking their cancer to specific exposure to a burn pit while in the armed forces. The policy change affects all veterans who have spent time either in the Southwest Asia theater of operations since August 2, 1990, or in Afghanistan, Uzbekistan, Syria or Djibouti since August 19. September 2001.

The initiative covers both veterans’ future disability claims, as well as claims that had previously been denied due to lack of causal evidence. VA officials encouraged veterans to resubmit their rejected claims for review under the new policy.

A hockey game to benefit law enforcement survivors

FBI and US Secret Service employees will participate in a charity hockey game near Washington, DC on April 30, with proceeds going to a charity that helps the families of deceased federal workers and first responders.

Proceeds from the game, which will take place at the Washington Capitals’ practice facility in Arlington, Va., will go to Heroes Inc., a nonprofit that supports the spouses and children of law enforcement officers. public, firefighters and federal employees who died on the line of duty in the DC area.

The two agencies have regularly faced off in hockey since 2002, when officials proposed the idea as a benefit for those affected by the September 11, 2001, terrorist attacks. Over the past two decades, the agencies have raised between 200,000 $ and $250,000 for a variety of charities.

Brendan Westphal, captain of the Secret Service hockey team, said organizers hope to raise between $12,000 and $15,000 from ticket sales at this year’s game. Agency funds are not used to run the event, with players using their own money to rent ice time and pay referees.

“This year, special guests. . . at the ceremonial puck drop will be Hurricane, the retired [Secret Service] the special operations dog who was awarded the Distinguished Service Medal in 2022, and Wally, the FBI’s crisis-response dog,” an FBI spokesperson said.

Courtney Buble contributed to this column.

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