Living
SUMMER 2013 FreeDisabilityMagazine.com
with a
DISABILITY
FAMILY ISSUE
FREE COPY
Controlling Change At Home Feel Good About Yourself Without Going To Work
A Fresh Start With SSI p6 | Boost Your Mood With Food p8 Prepare For Your SSD Hearing p15 | Fit Ideas For MS Workouts p26
Take the First Step to a Heart-Healthy Life.
Start! Walking. Start! Something. Heart disease is the number one killer of men and women in America. But did you know that just 30 minutes a day of physical activity can improve your health and decrease your risk of heart disease? An easy way to work physical activity into your regular routine is to start walking. For every single hour of regular, vigorous exercise, you can add two hours to your life expectancy. It’s easy to Start! whether you’re by yourself or with friends, family and co-workers. You’ll all feel a difference and live longer, heart-healthier lives. Join the movement.
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©2011, American Heart Association 7/11DS3368
Contents SUMMER 2013
D E PA R T M E N TS LEGAL NEWS
9 Timing is Everything
Know the right time to apply for SSD and SSI
10 Five Steps of an SSD Case
There IS method to the madness
14 What Happens at an SSD Hearing
Understand the common elements of most SSD hearings
15 Are You Prepared for Your SSD Hearing?
26
What to expect and how to prepare effectively
21 Disabling Medical Conditions
Why identifying and managing your impairment is so important
F E AT U R E S
6 SSI: A Fresh Start Getting a monthly paycheck and health insurance could be what you need to get a new lease on life.
16
Rely on an Attorney It’s risky to handle your own Social Security Disability case without the help of an attorney.
18 Controlling Change at Home How you respond to your new situation is within your control.
22 Work on Feeling Good (without going to work) When Social Security Disability benefits replace the income you had from a job, stop and assess how you feel about not working.
Back Cover
LIVING WITH DISABILITIES
26 Fit Ideas for MS Workouts
Smart choices for almost any fitness level
28 Follow Doctor’s Orders!
Why it’s more important than ever to follow expert advice
30 Conquer Chronic Pain
Take positive steps toward living life fully YOUR HEALTH
8 Boost Your Mood with Food
Smart food choices feed more than your belly
12 Medicine Minders
Tips on how to remember to take your medications
Back Brain Food
Wise up on what to eat
15
Do you have any of the following conditions? Painful Back/Neck
Joint Problems
Mental Illness
Fibromyalgia
Arthritis
Depression
Diabetes
Anxiety
Lupus
High Blood Pressure
Seizures Heart Disease Lung Disease Liver Disease
ADHD PTSD Cancer
Or do you know a loved one who does? If you are unable to work due to an injury or illness we can help you apply for Social Security Disability/SSI. Social Security offers medical benefits (Medicaid and/or Medicare) and monthly checks. We can help you apply, complete forms, gather your medical provider information, and forward it to the SSA. If you are
denied Heard & Smith will help you appeal and represent you in a hearing if necessary.
Call us today, NO FEE unless we win your case! 877.504.3737 Heard & Smith, LLP represents Social Security Disability clients in all 50 states from our principal office in San Antonio, Texas.
EDITOR’S NOTE
Living
with a
DISABILITY
Welcome to a Fresh Perspective on Disability
F
or three years, our online magazine, Living with a Disability,
JOHN R. HEARD
Publisher
has been helping people live life to the fullest. So we thought it was high time we brought some of the same kind of
information, tips and encouragement to print, making it even more JOSHUA C. EYESTONE
Associate Publisher JULIA ROSENFELD
Editor
accessible to an even wider audience. In these pages you’ll find well-researched articles on disabling medical conditions, healthy lifestyle choices, legal topics associated with getting Social Security Disability and Supplemental Security Income benefits and tips
Staff and Contributors:
on coping with the daily challenges of disability.
WHITNEY E. HARPER
You’ll find our style upbeat, positive and realistic.
RICHARD FOSTER
You may even find a bit of yourself in the stories,
STEFF GREEN
Design and Production PICANTE CREATIVE
and peace-of-mind in the solutions. Our team of writers includes contributors who are experts in the field of wellness, disabled individuals willing to share ideas, health care
Please address inquiries and comments to: editor@FreeDisabilityMagazine.com
professionals with solid advice, and disability
Copyright © 2013 Living with a Disability
a friendly hand and a light at the end of the tunnel.
lawyers with years of experience. We understand the issues you and your family face and respect your strength in handling them. We offer
Work On Feeling Good p22
You are welcome to share this free magazine with your friends and family, and let us know about some of the topics you’d like us to cover. Just drop us a note at Editor@FreeDisabilityMagazine.com. You can also sign up for a free subscription, sent directly to your home, by sending Visit us on the web.
your mailing address to us at the same email address. We also encour-
Living with a Disability is online at www.FreeDisabilityMagazine.com. Our online magazine is dedicated to helping you live your life to the fullest with articles on how to get Social Security Disability, healthier living and coping with disabling medical conditions.
age you to visit our online magazine at FreeDisabilityMagazine.com to
Join Living with a Disability on Facebook!
explore the site’s depth of resources related to disability topics – and to sign up for regular updates there too. We believe we’re all in this world together and that helping others makes it a better place. If you find just one tip, one picture that makes you smile, one sentence of encouragement, we’ve taken one step toward our goal. Sincerely,
Julia Rosenfeld Editor
FreeDisabilityMagazine.com
5
SSI: A Fresh Start
Getting a monthly paycheck and health insurance could be what you need to get a new lease on life. Supplemental Security Income (SSI) may be right for you if you meet the guidelines. File now to get the fresh start you need.
N
Both programs, DIB & SSI, are run by the Social Security Administration and have similar rules for determining who is disabled. SSI serves disabled people who have very few financial resources and are also living in poverty. If you are awarded SSI, you could also get back pay, but not for any earlier than the date you apply (which is a strong reason to
LIVING WITH A DISABILITY | SUMMER 2013
ot everyone can file for Social Security Disability Insurance Benefits (DIB) because it requires a strong work history. SSI, however, does not require a work history at all. And as long as you meet the resource eligibility guidelines (meaning you don’t have very much money or many assets) you can file for SSI.
6
FreeDisabilityMagazine.com
file sooner than later.) SSI could also give you a monthly benefits check as well as Medicaid health insurance.
Don’t be discouraged by how long it may take to win disability benefits – it’s important to file as soon as possible to be eligible for back pay.
Stable outlook
Getting a monthly paycheck and health insurance provides stability. And if you get back pay too, you may be able to pay off your debt and have money left over for moving into new housing or buying a car. Knowing you can create a solid monthly budget based on your SSI check is sure to give you peace of mind.
Looking out for #1
You’ll also be eligible to sign up for Medicaid, a government-sponsored health insurance program when you win SSI benefits. Medicaid is great insurance, and it will allow you to see doctors and get prescriptions filled – helping you get the treatment you deserve so you can start feeling better faster.
Timing is critical
FreeDisabilityMagazine.com
Supplemental Security Income (SSI) is a federal income supplement program funded by general tax revenues (not Social Security taxes). The program pays cash benefits to disabled adults and children who have limited income and resources. SSI benefits are also payable to people 65 and older without disabilities who meet the financial limits. In 2013, the maximum SSI payment is $710 for an individual whose income from wages only is $1,505 or less per month. Because many of the rules are complex, it’s best to consult with an attorney about your eligibility.
LIVING WITH A DISABILITY | SUMMER 2013
The Social Security Administration is a very busy branch of the federal government, and the Social Security Disability process is delayed because a record number of applications are filed each year. Don’t be discouraged by how long it may take to win disability benefits – it’s important to file as soon as possible to be eligible for back pay. You cannot be given back pay for the time prior to your SSI filing date. That’s a huge incentive to file now. It typically takes at least several months to get an answer once you first apply – and it often takes more than a year for most people to win at a hearing. To get a jump on your fresh start, file as soon as your problems rise to the level of preventing you from working full time.
7
YOUR HEALTH
Boost
Your Mood with Food
A
well-balanced diet is more than smart for your body. It can also be smart for your outlook on life. No one says you can “cure” depression with food, but focusing on meals that deliver nature’s therapies can make a difference in how you feel. Research has shown that a traditional Mediterranean diet, which incorporates many of the following tips, may help prevent depression. That diet includes plenty of fish, beans, nuts, fruits, vegetables, and cereals; it contains little meat plus just moderate amounts of dairy and alcohol. It also has more monounsaturated fats and fewer saturated fats.
Add to your plate
Cultures that eat foods with high levels of omega-3 fatty acids have lower depression levels. Add cold-
water fish to your diet – salmon and mackerel for example – and you may see a significant antidepressant effect, even if you’re already on an antidepressant medication. Other sources: walnuts, flax seeds, and pumpkin seeds. B-vitamin deficiencies are common in people diagnosed with depression, and can reduce the efficacy of anti-depressant drugs. Kick up your intake of folic acid, a common B-vitamin, by eating more spinach, avocado and peas, and drinking more orange juice. Eggs, meat and beans contain the amino acid tryptophan, which can help increase your body’s level of serotonin, a hormone that plays a significant role in fighting depression.
Scrape away
A stable blood sugar level is important to maintaining a stable mood. Avoid processed foods and refined carbohydrates and sugars, which cause major glucose level swings. Also avoid alcohol, which can deplete serotonin levels. Fill your plate with healthy foods that make you happy, and smile!
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FreeDisabilityMagazine.com
LEGAL NEWS
Timing
is Everything Apply for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits when your health no longer allows you to work at the level of Substantial Gainful Activity (SGA). For Social Security Disability: •
• •
Usually, if you are working and earning more than a certain amount, you are not going to be found disabled. However, in some instances, you may be able to work and earn some pay, yet still be found disabled. In 2013, the SGA amount is $1,040. If you work above SGA levels you will be ineligible to receive disability benefits. The SGA limits change annually. You do not have to file for benefits immediately after becoming unable to work. However, don’t wait too long to file your application; some people become ineligible for Social Security Disability Benefits after they stop working.
•
•
Social Security Disability Benefits have a shelf life. Once you quit working, you are only insured for disability benefits for a certain amount of time, determined by your earnings record and how much you paid in taxes while you worked. Know your date last insured (DLI), since its expiration may prevent you from being able to receive benefits.
For Supplemental Security Income: •
•
If you are eligible for SSI, file as soon as you are unable to work because back pay for SSI only starts when you file. Waiting to file could mean you’ll get less back pay. Supplemental Security Income does not have an expiration date, but many people, due to excess assets, may not qualify for SSI.
LIVING WITH A DISABILITY | SUMMER 2013
FreeDisabilityMagazine.com
9
LEGAL NEWS
The 5 Steps of a
Social Security Disability Case
M
any people seeking Social Security benefits apply and go through the entire process without ever realizing that there is a method to the madness. The Social Security Administration uses a strict five-step process to determine whether an individual is disabled or not. It’s a sequential process that is dependent on completing each step in order.
Step 1: Determining whether or not you’re
LIVING WITH A DISABILITY | SUMMER 2013
working at Substantial Gainful Activity, also known as SGA.
10
Many people believe that if they are working, they will not qualify for benefits because disability benefits are for those who cannot maintain a job. It’s not quite that simple. You may be able to work, but not be able to work at a job that is both “substantial” and “gainful.” “Substantial” means the work involves significant physical or mental activities, and “gainful” means you work for pay or profit (whether or not you actually make a profit). • Generally, although there are exceptions, if you are working and making more than a certain amount, you will not be found to be disabled. The amount is set by regulations and changes annually ($1,040 in 2013) so it’s important to tell your lawyer if you’re working, how many hours you’re working, and how much income you’re making. If you are not working at all, or not working at SGA, you can pass this step and go to Step 2.
Step 2: Determining whether or not you have
a medical condition that is severe, or a combination of medical conditions that are severe. Social Security will find that your condition, or a combination of your conditions, is severe if they significantly limit your ability to do basic work activities. If the evidence in your case only proves that your condition (or combination of conditions) would have very little effect on your ability to do basic work activities, you won’t pass this step of the process. • This is a good reason to hire an attorney. Your attorney will work with you to gather all of your medical records and submit them to Social Security. If Social Security finds that you have a severe medical condition or that a combination of your medical conditions are severe, you can pass this step and go to on to the next one.
Step 3: Determining whether your medical condition, or a combination of your medical conditions, “meets or medically equals” the criteria of an impairment. The impairments are listed in the Social Security Administration rules call “the listings.” This legally dense step can be explained in simple terms: Social Security has compiled “the listings” which detail all of the medical conditions Social Security accepts as disabling. • If you can prove that you have one of the medical conditions at the level described in the listings, or if you can prove that your combined medical conditions cause you to have problems equal to the conditions in the listings, then you will be found disabled and you will get your benefits. • People who meet a listing and are found disabled do not have to continue past this step. • If you cannot find a listing that meets your condition(s), then you must move to the next step in the process. FreeDisabilityMagazine.com
Step 4: Determining your “residual functional capacity,” and whether you have the “residual functional capacity” to do your “past relevant work.”
Step 5: Determining whether you can do any other work, considering your “residual functional capacity,” age, education, and work experience. FreeDisabilityMagazine.com
Simply stated: If Social Security finds that there are other jobs you could do, then you are not disabled. If Social Security finds that you cannot do any other work, and your condition is expected to last 12 months or more, then you will be found disabled and you will get your benefits. • At this step the burden of proof shifts somewhat to the Social Security Administration. They have to provide evidence that other work that you could do, given your residual functional capacity, age, education and work experience, exists in significant numbers in the national economy. • If Social Security thinks you are capable of working in any position, then you will not be found disabled. • If you are found incapable of working anywhere, you will be found disabled. Disability cases follow a process complicated by the fact that everyone’s circumstances are different. Be sure you know these answers: Do your medical conditions meet a listing? Are you working at SGA? What is your residual functional capacity, and is it diminished enough for you to be found unable to work at steps 4 and 5? Ultimately, the Social Security Administration will decide these answers, and your case.
LIVING WITH A DISABILITY | SUMMER 2013
“Past relevant work” is the kind of work you did for long enough to have learned to do the job and to have had “SGA” (“Substantial Gainful Activity” from Step 1) in the last 15 years, or for 15 years before you became disabled. Basically, Social Security must figure out your ability to do physical and mental work activities on a sustained basis. • To do this they consider all of your medical conditions (including those Social Security may think are not severe) and whether your conditions leave you with the ability to do the kind of work you did before you became disabled. • If you are found capable of returning to past relevant work, you would be denied and not be found disabled. • If you are unable to do the kind of work you used to do, or if you do not have work history that qualifies because you didn’t do it long enough, you move onto the final step.
The Social Security Administration, under the authority of the Social Security Act, has established a five-step process that it uses to determine whether an individual is disabled or not.
11
YOUR HEALTH
Medicine Minders
I
f you’ve just started on a medication, or if you take several pills at different times of the day, use these tips to help you remember to take your pills. Proper and consistent dosing is an important element in staying well. Calendar it
Hang a calendar on your wall, use your daily diary, or add a task to your electronic calendar to mark each day with the number and type of pills you need to take. Use color-coded pens to make the reminders stand out in print.
LIVING WITH A DISABILITY | SUMMER 2013
Look at it
12
Store your medicine where you’re likely to see it during the day. For example, next to your coffee or cereal for morning pills and on your nightstand for evening pills. If you can’t store your pills somewhere you will see them, leave yourself a sticky note on your fridge, bathroom mirror, or on the dashboard of your car.
Box it
Pillboxes are an extremely simple but highly effective system for monitoring your pills. These plastic containers are divided into small boxes, with each box designated for each day of the week or month. Place all the pills you need to take each day into the right boxes.
Buddy up
If you still have trouble remembering your pills, ask a trusted friend to call or text you daily reminders. Note: This only works if your friend doesn’t forget either!
There’s an app for that
iPhone, iPad or Android users have plenty of reminder apps available. Most create a series of alarms to remind you to take your pills. More elaborate apps help you monitor your supplies or reorder scripts. Check out these free or low-cost apps: • Pill Reminder, Pill Identifier and Personal Medication Record apps from Drugs.com • Dosecast app from Montuno Software LLC • Pillbox Alert, from Sartuga Software LLC (Android App) • RxmindMe Medication Reminder and Pill Tracker, from Rxmind.Me
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mOre thaN ever. Only those who care for others know what it’s really like to care for others. That’s why AARP created a community with experts and other caregivers to help us better care for ourselves and for the ones we love.
aarp.org/caregiving or call 1-877-333-5885
T:10”
Live:10”
NOW that mOm lives With us,
LEGAL NEWS
What Happens at
a Hearing
N
o two Social Security Disability hearings are alike because every case and judge is different. However, there are some things that most hearings have in common.
1. The Judge’s Opening
Disability hearings are presided over by a Social Security Administrative Law Judge (ALJ). ALJs conduct their hearings in accordance with the Hearings, Appeals and Litigation Law Manual (HALLEX) issued by Social Security. HALLEX requires the judge to tell you they will make a new, impartial decision on your disability claim.
LIVING WITH A DISABILITY | SUMMER 2013
2. Your Testimony
14
The main purpose of the hearing is to present your case and provide the ALJ with information they need to make an informed and accurate decision. You present your testimony by allowing your attorney to ask you questions about your medical history, work history, daily activities, and other relevant subjects. The judge will usually ask questions on those same issues. • The formal rules of evidence do not apply in Social Security hearings, so statements that would not be allowed in other legal settings are
often allowed in disability hearings. This means there are no objections to “hearsay” or “speculation” and there are few limitations about how the judge and your attorney can phrase their questions. However, leading questions (where the question itself suggests the answer) are discouraged.
3. Expert Testimony
Some disability hearings involve medical or vocational experts who are on hand to help the judge with the medical and work issues of your case. They can also be a resource for you, since your attorney has the right to cross-examine these experts. The judge will pay close attention to the experts’ testimony and decide to accept or reject it.
4. Closing
At the end of your hearing your attorney has the right to make a closing statement. This is an opportunity to highlight the important evidence that supports your case. You may also choose to address the judge directly. Some judges may state in the hearing whether they will award your case, but most will simply end the hearing without announcing a decision. You will have to wait for the written decision to come in the mail to know if your case was awarded. FreeDisabilityMagazine.com
Know the Five-Step Process
Begin with a basic understanding of the five-step process that is used in every Social Security Disability. Read more about that process on page 10. Remember, every hearing goes through each of the five steps, and you should be prepared to deal with any issue that arises at any step. • For example, if you are still working, then you need to understand the Step 1 issues related to working below substantial gainful activity (SGA), or the factors that determine an unsuccessful work attempt (UWA) after your onset date if your earnings were above SGA. Each step may bring issues to the judge’s attention depending on the facts of your case, and you need to be prepared with all of the answers and documentation.
Practice, Practice, Practice
Are You Prepared FOR YOUR HEARING?
Most disability lawyers hold a preparatory interview with their clients before the hearing, giving you practice in advance of the real hearing in how to answer questions. The prep also allows the attorney to dig deeper into the facts of your case, becoming even better prepared for the ALJ’s arguments and questions during the hearing. Preparing for the hearing is such an overwhelming task that most ALJs suggest you engage an attorney. Why? While the hearing itself is informal, the process and rules are rigid and must be followed precisely for you to win. Take time to prepare yourself fully if you are confident enough to represent yourself. Or gain greater confidence by getting help from an experienced disability attorney.
I
t will take most people nearly a year to get their Social Security Disability or SSI hearing scheduled after they first apply. So there is plenty of time to prepare for the hearing – and little excuse for showing up either unprepared or without a lawyer. Social Security hearings are conducted by Administrative Law Judges (ALJs) who expect those who come before them to have a solid grasp of what the disability adjudication process will be. You’ll be expected to understand how they make their decision, what it’s based on, and the hearing process in general.
FreeDisabilityMagazine.com
15
Rely on an
Attorney
It’s risky to handle your own Social Security Disability case without the help of an attorney. Why? You have only one chance to convince the judge at your hearing that you are unable to work. And after months – or years – of waiting for your hearing date, it’s important that you know just what to expect during the hearing process and exactly how to secure your benefits. You need an experienced disability lawyer on your side.
The Benefits Of Experience
LIVING WITH A DISABILITY | SUMMER 2013
When you are represented by a lawyer, you reduce your own stress about the situation.
16
Lawyers develop a theory, similar to a blueprint, to show the judge exactly how and why you are disabled. • They understand the law, vocational issues, and medical issues and are skilled in demonstrating precisely how you are unable to sustain employment. • Their years of experience in handling claims for Social Security benefits will help you. If you present your case on your own, you risk being unprepared to prove your claim, and may receive an unfavorable decision. A lawyer will help you focus on the issues that are crucial to your case. • They recognize that every person’s claim is unique, and
will learn all about you and your specific medical and vocational issues. They will focus on what will be the key issues in your case to increase the chances you’ll obtain your benefits. • If you represent yourself and fail to focus on the key issues in your case, you may receive a denial that could have been avoided had you simply had an attorney on your side.
You’ll have help presenting yourself as a good witness. • There’s a lot to know about how to appear in front of a judge. Your credibility and consistency are critical to the outcome. An experienced disability lawyer will help you with these nuances, which may prove to be the most critical elements in winning your case. An attorney prepares you for the questions you’ll be asked and explains what to expect at the hearing. FreeDisabilityMagazine.com
When You Are Represented By A Lawyer, You Reduce Your Own Stress About The Situation. •
•
An attorney handles cross-examinations of the vocational and medical experts at your hearing. • Without an attorney, you will need to be fully prepared to cross-examine the vocational and medical experts at the hearing. That means understanding their job and their role at the hearing. FreeDisabilityMagazine.com
•
Do not miscalculate the importance of your right to cross-examine. Turn to an attorney with experience in this arena.
Your attorney understands the Social Security Administration’s strict deadlines. • Missing a deadline will cost you time and money, and you could be forced to start the process over, losing retroactive benefits or back-pay. • A good lawyer has systems in place to appeal your case well before the deadline, and to protect your claim. Winning disability benefits can help get your life back on track. So don’t risk it all by going to your disability hearing alone and unprepared. Turn to an experienced disability lawyer to improve your chances of winning – and reduce your stress along the way.
LIVING WITH A DISABILITY | SUMMER 2013
Don’t underestimate how strange the hearing environment will be to you, and how you’ll handle it. You must be prepared for all conceivable questions – and a good lawyer with years of experience representing claimants in disability hearings can anticipate those questions. You’ll feel your stress level reducing during your preparation appointment with your lawyer as you prepare to become a more effective witness at your own hearing.
17
Controlling
Change
Dealing with the physical aspects of a disability isn’t always the biggest problem you face: It’s often the changes that have been forced upon you and your family that offer the biggest challenges. How you respond to your new situation is within your control.
LIVING WITH A DISABILITY | SUMMER 2013
Y 18
our position in your family – whether you’re the strong leader or just one of the gang – doesn’t have to change when you’re disabled. How others respond to you is up to you. Stay positive. Don’t allow fear and doubt to control your thoughts. • Take each day as an opportunity to remain in control of your future by continuing to plan and take action for yourself. • Remember, your daily options may have changed due to your disability, but you still have options. • If you play the role of family leader, continue to decide on which paths to take and continue to take action. • Remember, the strongest among us ask for help. If you need to reach out for help for yourself or your family, make an appointment and keep it. If others won’t go with you, go alone.
Spousal support Undoubtedly your relationship with your spouse has changed over time. Now that you are disabled, it may be time to discuss a change in responsibilities. Begin an open discussion about how you want to contribute around the house, and how
your disability could change that contribution. • Remember, your spouse will be grateful for your help as long as you’re willing to pitch in. • Offer to do other chores within your abilities that your spouse currently does if you can’t do some of the things you used to do.
Help from the kids
IF YOU PLAY THE ROLE OF FAMILY LEADER, CONTINUE TO DECIDE ON WHICH PATHS TO TAKE AND CONTINUE TO TAKE ACTION.
Encourage your children to be more helpful around the house as they learn about living with a disabled parent. • Let kids know you’re still there for them in all the important ways, but that you now need their help in some areas where you didn’t need them before. Most children will understand, especially if you are thankful for their help. • Ask older kids to step up and help in more adult ways, taking on some of the chores you or your spouse used to do. - Take responsibility for making sure the kids do the work effectively.
As you cope with change, encourage your family to talk about how they’re doing too. Find, read and share books on the subject of change for more tips and ideas. Change is inevitable for all of us – able-bodied or not. Live with your disability by adapting to it, not letting it adapt you.
LIVING WITH A DISABILITY | SUMMER 2013
Talk it out
19
Unable to work because of an injury or illness? Are you eligible for disability benefits? If you are unable to work due to an injury or illness we can help you apply for Social Security Disability/SSI. Social Security offers medical benefits (Medicaid and/or Medicare) and monthly checks. We can help you apply, complete forms, gather your medical provider information, and forward it to the SSA. If you are denied Heard & Smith will help you appeal and represent you in a hearing if necessary.
We can tell you if you have a case, call us today! NO FEE unless you win your benefits! 877.504.3737 Heard & Smith, LLP represents Social Security Disability clients in all 50 states from our principal office in San Antonio, Texas.
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DISABLING
J
LEGAL NEWS
Medical Conditions
ust about any disease or disorder that’s diagnosed by a doctor can be considered “disabling” under Social Security law. But the agency has always had a special list of impairments that can significantly restrict a person’s ability to work – and this list helps the Social Security Administration short-cut their decision-making process. ABIDE BY YOUR MEDICAL TEAM
FreeDisabilityMagazine.com
LIST OF MAJOR DISABLING MEDICAL CONDITIONS •
Musculoskeletal (spinal or back problems, arm/ hand problems, weight bearing joint problems)
•
Special Senses & Speech (seeing, hearing, or speaking problems)
•
Respiratory (asthma, COPD, or other breathing disorders)
•
Cardiovascular (heart & circulation problems)
•
Digestive (liver, Hepatitis C, or stomach problems)
•
Genitourinary (kidney problems)
•
Hematological (blood problems)
•
Skin Disorders
•
Endocrine System (Diabetes, thyroid)
•
Neurological Disorders (seizures, stroke, Multiple Sclerosis)
•
Mental Conditions (depression, Bipolar, PTSD, panic disorder, anxiety, mental retardation)
•
Malignant Neoplastic Disorders (cancer)
•
Immune System (arthritis, lupus, gout, HIV/AIDS)
•
Obesity
•
Hypertension
•
Reflex Sympathetic Dystrophy (RSD) or Complex Regional Pain Syndrome
•
Headaches
•
Pancreatitis
•
Fibromyalgia
•
Chronic Fatigue Syndrome
For more details about each condition above, visit our website at www.FreeDisabilityMagazine.com and read in-depth information, questions and answers about dozens of medical conditions, and a discussion of how Social Security will evaluate the severity of your condition.
LIVING WITH A DISABILITY | SUMMER 2013
Many of the conditions listed here – but not all – are on Social Security’s listing of impairments, commonly called “the listings.” One theme that runs through the listings is that each condition requires a prescribed treatment and compliance with that treatment. Social Security will take a long look at whether the symptoms of a disabling medical condition are due to the individual’s failure to follow doctor’s orders. Therefore, some individuals might not win benefits if the evidence shows they have not complied with medical orders. Social Security will accept some reasons why individuals have not pursued treatment, including religious objection, the risks associated with certain invasive procedures, and the person’s inability to pay for treatment. But if access to health care is available, the agency will find it unacceptable if the individual failed to get care and follow orders. What does this mean to you? Even if you feel indigent health facilities in your community don’t provide the same quality of care you received when you had health insurance, you should still access care there. And you simply must do your best to comply with all of your doctor’s orders.
..........
21
Work on
Feeling Good
(without going to work)
When Social Security Disability benefits replace the income you had from a job, stop and assess how you feel about not working. While you continue to provide for your family in a different way, you may still feel dissatisfied about life without a job.
A
lot of us determine our self worth by our ability to take care of our families through the work we do. When a disability comes along and you can’t work, you may begin to feel down because you think you’re no longer able to provide for others. Working isn’t the only way to provide for your family. Filing for and getting Social Security Disability benefits could also give you a monthly income that financially supports your family. Work satisfaction comes in many forms: From doing a good job, from public recognition or praise from the boss, from being depended on for answers, from the camaraderie of the workplace itself. You can still seek out this type of gratification in other areas of your life while on Social Security Disability benefits. Here are a few ideas on how to apply your expertise and life experience to get personal gratification in return.
LIVING WITH A DISABILITY | SUMMER 2013
Help those you know
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Do you have a student in your household or extended family who could benefit from your advice or tutoring? What about a friend or family member with a small business who can benefit from your experience? You don’t have to do these types of activities often for them to be of great value to others. Being appreciated for the help you’re giving can be just as rewarding as traditional workplace recognition. »
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Volunteer in the community Volunteer opportunities are often set up for people who can only do tasks for a few hours a week. Volunteering experiences vary from churches to hospitals to museums – and the environment may be similar to what your job was. Typically you’ll be able to put in as much time as you can handle, and you’ll often find it’s as rewarding as your paid position.
Organizational work Join clubs or organizations that line up with your interests. After a while, you’ll learn how the group is run and you may consider taking a leadership role. Groups are usually run by an elected or appointed board, and typically the workload for board members is just a few hours a month. This type of work is similar to volunteering, and the work is very much like working in a business. Your participation in the organization as a member, in addition to your leadership position within the group, can be a rewarding experience.
LIVING WITH A DISABILITY | SUMMER 2013
Know your limitations
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Your work was a constant element and large part of your life, and although you can no longer work, or even do full time work substitutes, you can do other things within your limitations. You can still find the good feelings, gratification, and sense of accomplishment you got from work through alternate activities. And when you regularly schedule these activities, you’ll find new ways to feel valued, driven, and happy.
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We can tell you if you have a case!
Get the help you deserve, no fees unless you win!
Are you unable to work, or have you already been denied benefits? We can help! Statistics show those with representation are more likely to win their benefits. We handle new applications, appeals, and get you the representation you deserve at a hearing if necessary. Let us help you win the benefits you are entitled to.
Call us today, win benefits or pay nothing! 877.504.3737 Heard & Smith, LLP represents Social Security Disability clients in all 50 states from our principal office in San Antonio, Texas.
LIVING WITH DISABILITIES
Fit Ideas for
MS Workouts
I
f you’ve been diagnosed with Multiple Sclerosis, your doctor is likely to recommend you exercise regularly. Exercise can improve the functioning of your muscles, help you stay healthier longer, improve your cardiovascular fitness and prevent heart disease and other health problems. Make smart choices and you’ll find a workout that fits you and your new challenges. Multiple Sclerosis is a chronic disease of the central nervous system that may be caused by the body’s immune system attacking healthy tissue. MS sufferers experience blurred vision, poor balance and coordination, tremors and slurred speech, fatigue, pain and paralysis in the body, and problems with memory. While your MS can make exercising difficult, we have five ideas for how to make a workout work out for you.
SWIMMING
LIVING WITH A DISABILITY | SUMMER 2013
Swimming is one of the best exercises for those with MS, as it trains both your cardiovascular and muscle fitness. The water helps to keep you balanced and provides resistance, so you train and tone your muscles in a low-impact way.
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YOGA For a low-impact, relaxing workout that strengthens your core muscles and promotes flexibility, you can’t go wrong with yoga. Yoga is ideal for people with MS because it allows you to focus on breathing, it’s noncompetitive and can be individualized for your needs. There are many different types of yoga styles, so attend a few classes or rent a few DVDs and give it a try.
CYCLING
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TAI CHI The relaxing movements and deep breathing of Tai Chi make it a popular exercise for those with MS. This form of martial art focuses on improving balance and focus.
DANCING Improve your balance, fitness and coordination, while having a great time on the dance floor. Whether you like ballet, salsa or swing, there’s a dance style for your taste. Look for adaptive dance classes in your community that encourage everyone to participate – even those in wheelchairs. You may not even need to bring a partner – just show up and dance! Looking for more options? Ask a qualified personal trainer or physical therapist to personalize an exercise program for you. And before you begin, consult your doctor.
LIVING WITH A DISABILITY | SUMMER 2013
With fatigue and poor balance a part of everyday life with MS, you may think cycling is off the table. But there are so many cycling adaptations nowadays that people with MS can enjoy cycling alongside their ablebodied friends. There are many adaptive bicycles and tricycles on the market, including tandem bikes. Recumbent bikes allow you to recline as you ride, and electric bikes are traditional-looking
bikes powered by small electric motors, allowing you to take a break from pedaling when you need to.
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LIVING WITH DISABILITIES
Follow
Doctor’s Orders!
LIVING WITH A DISABILITY | SUMMER 2013
You’ve been hearing this advice for a long time. It’s more important than ever to follow if you are considering filing for disability benefits.
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T
he Social Security Administration (SSA) laws that decide if you are disabled are detailed and complex. One rule is easy to understand: You should be doing everything you can to get well enough to work.
Those who decide Social Security claims are more likely to be sympathetic to someone who is doing everything possible to get well, but who still cannot work. If you have given up and are not in treatment, or if you don’t comply with the treatment your doctors are ordering, it could be the basis for a denial of benefits.
Why comply?
The Administrative Law Judge (ALJ) who hears your disability hearing has the power to decide if your inability to work is due to your medical non-compliance. In fact, the judge can make a reasonable argument that if you took the medicine as prescribed you would not be disabled, even if you are now disabled. And if the ALJ finds you disabled but has reason to believe it’s because of a dependency on illegal drugs or alcohol, you could also be denied. You will be much better off in your hearing if you go to all of your medical appointments, take your medicine as prescribed, and follow treatment guidance as ordered. If you don’t, you may appear to be someone who just doesn’t want to follow their doctor’s orders. Even if the ALJ doesn’t deem your non-compliance as why you are not disabled, it could cloud their impression of you and hurt your credibility.
Be responsible
Take responsibility for your care and do everything you can to help the ALJ who conducts your hearing see that you are a reasonable person who deserves some sympathy. You will improve your chances of winning disability benefits if you don’t give the ALJ any reason to think you may be contributing to your disability.
SIMPLE WAYS TO COMPLY •
Take your medications as prescribed, on schedule and in the correct dosage
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Use the assistive device you’ve been given, like a cane or brace, as suggested
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Keep medical appointments for followups, therapies and lab tests
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Do not engage in activities that could worsen your condition
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Refrain from using illegal drugs and alcohol
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LIVING WITH DISABILITIES
CONQUER
Chronic
C
Pain
hronic pain is definitely tough to cope with, but an optimistic attitude, positive steps and a support network can help you continue to enjoy life fully.
Be stimulant-free
Meditation, yoga or deep breathing
Join a support group
Tune into relaxing, low-impact exercises and focus on stillness that helps you feel healthier and more positive. If you can’t get to a class, take time throughout the day to be still, clear your mind, and inhale/exhale slowly and deliberately.
Reduce stress
Physical and emotional pain are closely linked. Learn to manage stress and you’ll dramatically improve your ability to cope with chronic pain. Start by getting more sleep, reducing your workload, asking for help, and dealing with problems head-on instead of worrying about them.
Studies show that alcohol, cigarettes, caffeine and other stimulants can have a negative effect on chronic pain, with many substances increasing symptoms and disrupting sleep patterns.
Support groups share news, tips and advice, raise money, and provide companionship. Ask at your health center or search online to find support groups near you.
Stay busy
Spend time exploring hobbies, enjoying family and friends, and participating in your community to forget about your pain.
Get a massage
LIVING WITH A DISABILITY | SUMMER 2013
Massage stimulates blood flow, relaxes the body and relieves tension, so many chronic pain sufferers find weekly massages drastically reduce their pain levels. Check with your local massage school for low-cost appointments with students.
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Eat healthier
A well-balanced diet with plenty of fresh fruits and vegetables and fiber will help keep your body functioning at its best.
Consult professionals
With professional help, you can stop struggling with pain. Ask your doctor for alternative pain relief and seek help from a counselor.
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Empowering Cancer Patients
to Survive & Thrive
ThriveWell Cancer Foundation is dedicated to finding a cure for cancer by funding cancer research, providing patient support and offering programs to improve the quality of life for patients and their families.
(210) 593-5949 • thrivewell.org
A woman tells her support group in California about sharing her MS-related fears with her daughter for the first time.
A group member blogs about it, inspiring a woman in Dallas to reconnect with her own family.
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LIVING WITH A DISABILITY | SUMMER 2013
Every Connection Counts at MSconnection.org
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YOUR HEALTH
Brain Food
S
cientific evidence shows that some foods improve brain function. If you have medical problems or chronic pain, weave these foods into your diet for clearer thoughts and improved memory.
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Salmon
Meal and snack ideas
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Dark chocolate
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Coffee
Breakfast: Coffee with a dash of cinnamon, a cup of concord grape juice, spinach omelet made with egg whites
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Spinach
Snack: Blackberries and nuts
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Blackberries
Lunch: Grilled salmon and spinach salad with olive oil dressing
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Cinnamon
The Alzheimer’s Association suggests eating the following foods to encourage blood flow to the brain, reduce the risk of heart disease and diabetes, and as a way to enjoy a lower cholesterol diet.
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Extra virgin olive oil
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Apples
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Curry
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Concord grape juice
Snack: Fruit salad or small chocolate frozen yogurt Dinner: Spinach sautéed with olive oil, grilled or poached salmon, baked rosemary potatoes dressed in olive oil and sprinkled with curry Dessert: Save room for an ounce or two of dark chocolate!
Denied Disability? Don’t give up, let us fight for you! If you have been denied disability we can help! Statistics show those with representation are more likely to win their benefits. Let us help you win the benefits you are entitled to.
Heard & Smith, LLP represents Social Security Disability clients in all 50 states from our principal office in San Antonio, Texas.
Call us today, NO FEE unless we win your case! 877.504.3737