other HCV Information

HISTORY OF HCV

GLOSSARY/ABBREVIATIONS

LIVER FUNCTIONS

QUESTIONS ABOUT HCV

EXTRAHEPATIC CONDITIONS

SYMPTOMS

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SEXUAL TRANSMISSION

HCV BLOOD TESTS/LABS

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STILL NEED A BIOPSY ?

ON BIOPSY WHAT DOES THE STAGE MEAN AND WHAT DOES THE GRADE ME ?

STAGES/LIVER DISEASE

FIBROSIS

CIRRHOSIS

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NUTRITION  & HCV

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This Web Site is committed to the memory of Janis Morrow.

Human liver    

   Insurance & Financial Aid

 

Patient Assistance Programs and Free Meds

Disability Benefits Important Steps to Apply

SOCIAL SECURITY DISABILITY FAQs

 AMERICANS WITH DISABILITIES ACT

Mike gives us some help on applying for Financial Aid

On The Way To The Social Security Office

Social Security will pay disability benefits for Cirrhosis

SSDI regulations relevant to filing for hepatitis.

 Is it legal to be fired from my job if I have Hepatitis ?

Working While Collecting Disability Benefits

 


 

 

 

Patient Assistance Programs

Americas Pharmaceutical companies have a long-standing tradition of providing prescription medicines free of charge to physicians whose patients might not otherwise have access to necessary medicines. Pharmaceutical companies operate these programs, commonly referred to as patient assistance programs, voluntarily.

Many drug manufacturers offer patient assistance programs which can greatly decrease or entirely eliminate the costs of many medications. The requirements for program eligibility vary. Some programs may be applied for directly by the patient, other program applications must be intiated by the healthcare provider (phsycian, pharmacist or agency).

Below are a few telephone numbers you can call to ask questions and URLS to visit for more information:

Product
Name
Hepatitis
Type
Parent
Company

Assistance Program
Contact Information

Infergen
(interferon alfacon-1)
Hepatitis C InterMune 888-696-8036
Intron A
(interferon alfa-2b)
Hepatitis B
Hepatitis C
Schering Commitment to Care
800-521-7157
Rebetron
(interferon alfa-2b and ribavirin)
Hepatitis C Schering Commitment to Care
800-521-7157
PEG-Intron
(peginterferon alfa-2b)
Hepatitis C Schering Commitment to Care
800-521-7157
PEG-Intron / Rebetol Combination
(peginterferon alfa-2b + ribavirin)
Hepatitis C Schering Commitment to Care
800-521-7157
Roferon A
(interferon alfa-2a)
Hepatitis C Roche 877-757-6243, option 4
Pegasys
(peginterferon alfa-2a)
Hepatitis C Roche Pegassist
877-734-2797
Pegasys / Copegus Combination
(peginterferon alfa-2a + ribavirin)
Hepatitis C Roche Pegassist
877-734-2797
Epivir HBV
(lamuvidine)
Hepatitis B
Hepatitis D
GlaxoSmithKline Glaxo Wellcome
Patient Assistance

800-722-9294
Hepsera
(adefovir dipivoxil)
Hepatitis B Gilead 800-226-2056


Medicare - Prescription Drug Assistance Programs
http://www.medicare.gov/Prescription/Home.asp

Pharmaceutical Research and Manufacturers of America
2001-2002 Directory of Prescription Drug Patient Assistance Programs
http://www.phrma.org/

NAMI-NYC METRO - Resources
http://naminyc.nami.org/pharma_nos.htm

NeedyMeds.com
http://needymeds.com/

Northeastern Pennsylvania Transplant Support Group Inc. (NEPATSG) list of
Pharmaceutical Manufacturer Financial Assistance Programs
http://www.nepatsg.org/finance.htm

To receive a copy of Pharmaceutical Research and Manufacturers of America's
Directory of Prescription Drug Patient Assistance Programs, contact 1-800-835-3410

Missing Out on Benefits?

BenefitsCheckUp helps thousands every day to find programs for people ages 55 and over that may pay for some of their costs of prescription drugs, health care, utilities, and other essential items or services. Please fill out our simple questionnaire to find programs that can assist you or your loved ones
http://benefitscheckup04.governmentguide.com/
 

 Disability Benefits - Important Steps to Apply

Some people with chronic hepatitis are unable to work and need to turn to Social Security Disability or the Supplemental Security Income (SSI) benefits as an alternative. Unfortunately, because so little is known about hepatitis and its symptoms and effects, the process is often long and complicated.

To apply for Social Security disability payments contact your local Social Security Office or call 1-800-772-1213. Ask for a copy of the booklet on Social Security disability (No. 05-10029) and/or SSI (No. 05-11000) and the forms for applying. Eligibility for disability is based on prior work under Social Security, while SSI payments are made on the basis of financial need. For both programs, the medical requirements and determination process are the same. You will be considered disabled if you are unable to do any kind of work for which you are suited and your disability is expected to last for at least a year or to result in death. A claim may be filed by phone, mail, or visiting your local office. HFI has a few suggestions to help you with the application process.

  • Read the full instructions completely and carefully before you begin filling out any part of the application form.
     
  • Ask for extra forms so you can make a draft before filling out the final version.
     
  • Fill the form out yourself if at all possible - you know and understand your case better than anyone else.
     
  • Have someone else, a third party, not a spouse or parent or anyone who might be too sympathetic to be objective, read the form to give you constructive criticism.
     
  • Print or type the form, making sure that it is legible.
     
  • Always keep a copy of any form you fill out or paper verifying your claim that you file at the SS office.
     
  • Be thorough and exact when answering the questions.
     
  • Give a complete medical history because a lot is unknown about hepatitis and how it might affect you. Don’t leave out symptoms or problems because you think they are not related. Many members of the medical community may not know what is related. Describe the symptoms and side effects that you experience because you will have a better chance of fighting a denial.
     
  • You will need to supply the names, addresses and phone numbers of doctors, hospitals and clinics that have treated you and dates of treatment. If possible, get complete medical records yourself from doctors, hospitals, test results, etc. This way you don’t leave it to the SS office to decide what is and isn’t important and relevant. You have a right to have access to your records, so don’t let people refuse to let you see them. Include receipts for medication, cost of treatment, and medical bills to show expenses incurred because of the disease. Keep copies of everything you send or bring.
     
  • Get written statements from friends, family members, co-workers, and doctors to document your case. People can simply write a "To whom it may concern" letter citing specific changes in relationships and everyday activities due to your condition (lack of energy, depression).
     
  • Include an official copy of your birth certificate and any other document they request. You will need the SS number and proof of age for each person applying for payments. This includes your spouse or children if they are applying for benefits. You also need dates of prior marriages if your spouse is applying.
     
  • You will have to supply a summary of places you worked in the past 15 years and the kind of work you did.
     
  • Bring/Send a copy of your W-2 Form (Wage and Tax Statement) or if self-employed your Federal Tax return for the past year. They base their determination on earnings in the last 3 quarters so let them know if any changes occur.
     
  • Be patient. It will take time for your claim to be processed. It is reviewed by a medical board, and they may ask you to see a doctor or have additional tests at their expense.
     
  • Be cooperative.
  • We would like to thank Hepatitis Foundation

HEPATITIS FOUNDATION INTERNATIONAL
30 Sunrise Terrace, Cedar Grove, NJ 07009-1423, U.S.A.
Phone: 800-891-0707 FAX: 973-857-5044
 

 
On The Way To The Social Security Office

Disability & Benefits: HCV Meets HMO
Jacques Chambers, CLU-

2008

Although they are not as popular as they once were, Health Maintenance Organizations (HMOs) and their close relatives, Exclusive Provider Organizations (EPOs) and Point of Service (POS) Plans, still provide coverage to the majority of people with health insurance.

While these plans have worked well for people who are generally healthy and have only temporary or minor medical problems, they can be a real challenge for persons dealing with chronic or catastrophic medical conditions, such as HCV.

The basic principle of HMOs is that, in return for a flat fee called capitation or premium, as well as nominal co-pays for services, they will provide all your medical needs. However, to make sure you get the “quality of care you need,” and, coincidentally avoid “unnecessary” and expensive “over-utilization,” a Primary Care Physician (PCP) must coordinate all your treatment. Regardless of what treatment you may need, you must first go to your PCP, who will usually be a general practitioner, possibly an Internist or Family Practice specialist.

This Primary Care Physician is also called the “Gatekeeper” – an extremely descriptive title. If you believe you should see a specialist, it is the Gatekeeper who decides whether or not you get to see the specialist, and, if so, which specialist you will see.

Remember the game of “Simon Says?” In the HMO world, it is “PCP Says.” Unless the PCP says you need a specialist, you will have to rely on the PCP to provide your care, whether it is something he/she is familiar with or not. Keep in mind that the fewer doctor visits, tests, and treatment you undergo, the bigger an HMO’s profits and the more the doctor/clinic will earn.

With a set-up like this, it makes you wonder if anyone ever gets good care from an HMO. Health care from an HMO does not have to be inferior. Thanks to the public outcry about HMOs skimping on care to increase their profits, Congress and many state legislatures have tightened regulation of this industry. Publicity by the media of problems with care from HMOs and the frequency of large jury awards have forced HMOs to make an effort to improve the quality of their care, or at least improve the image of their quality of care.

In fact, medical care can be excellent in an HMO. This is due in part to stricter oversight and regulation. It is also due to the doctors and other medical providers actually treating patients who still care about providing quality care to people who need it. However, the key to the quality of the care you receive is you and how actively you participate in the decisions about your healthcare.

There are a lot of excellent and caring medical providers working with HMOs, but you will have to seek them out. You will also have to make sure they continue to focus on your medical care, despite the bureaucratic barriers built into the HMO system.

In reality, the HMO is not that different from any other type of healthcare delivery system. You are the person who is ultimately responsible for seeing to it that you get the best care available. It is up to you to know the level of care you are actually receiving and to determine what quality of care you should be receiving.

It is up to you to take control of your medical care, and, to do that, you need to become more knowledgeable about all areas of your medical condition and its treatment.

Know your medical condition. Thanks to sites like the HCV Advocate and others on the web, there is a lot of information about hepatitis C and its treatment. Thanks to the Internet, you can stay current on new treatments, clinical trials, and new diagnostic methods.

HCV is a relatively recent discovery. There is a lot of information available about it, and there is a lot of research being done to learn more. It would be nice if everyone could find a physician whose practice consisted only of HCV patients, but that is not possible. You can become one of your physician’s sources of new information about HCV treatments and trials.

You should feel free to print out information, cut out articles and take them to your physician. Hopefully, he/she is already current, but you may be providing new information. If your doctor is not the type that welcomes such input from the patient, you may be seeing the wrong doctor.

Find a knowledgeable Primary Care Physician. The Centers for Disease Control states: “Any physician who manages a person with hepatitis C should be knowledgeable and current on all aspects of the care of a person with hepatitis C.”  Following this statement means that in an HMO, your Primary Care  Physician should be “knowledgeable and current” in HCV and its treatment.

Within virtually all HMO networks, you are able to select your own Primary Care Physician. Your selection of a PCP will determine not only who provides the majority of your care, but will also determine which specialists will be utilized when needed.

However, the HMO directory will give you only minimal information about your choices, and it won’t tell you which PCPs frequently treat patients with HCV or stay current about it. Clearly, you will need to do some research.

If you attempt to call the HMO itself, it will not provide much information, as they are prohibited from “steering” patients to particular clinics or doctors, even if it would mean better health care. You may have to call several doctors’ offices to learn more. Keep in mind the chances that you will actually get to speak to the doctor are very slim, but his nurse should be able to handle the questions as well. Some questions you may want to ask include:

   •  What is the doctor’s specialty? Is he/she board-certified? Many PCPs are internists, which may give them more experience with HCV.

   •  What chronic medical conditions does the doctor treat most frequently?

   •  Does the doctor treat other patients with HCV? How many? What percentage of their practice is HCV?

   •  What has been the doctor’s experience with HCV treatment? Do not hesitate to ask very specific questions, referring to treatments and using terms you have learned in your research on HCV. If they don’t know what you’re talking about, scratch them off your list and move on.

   •  Who are the gastroenterologists, hepatologists, infectious disease specialists, or other HCV knowledgeable specialists that the doctor works with and refers patients to? You may want to talk to their offices as well.

   •  How long does it take to get a referral once the PCP requests one?

Some PCPs even have the ability to permanently refer you to a specialist for treatment of chronic conditions such as HCV. In those cases, the specialist effectively becomes your PCP.  Ask your prospective PCPs if this is a possibility. This is particularly important if you can’t find a PCP knowledgeable in the treatment of HCV.

These are a lot of questions, I realize. However, neither the HMO nor your physician has as much at stake as you do in your medical care. This is your health and your life you are protecting, so spending some time and energy on this now can give you piece of mind and better healthcare later.

Medical office personnel are not always as helpful to prospective patients as you may think. One alternative is to learn as much as you can about your PCP choices, select one and schedule an appointment. Then you can ask the doctor directly and decide whether you want to stay with that PCP or switch to another. This will give you an excellent idea of how well they listen to you, how much time they are willing to spend with you, and their general “bedside” manner as well as their knowledge and experience of HCV.

Know your plan and your rights. You should spend some time with your Plan Document, the booklet that describes the provisions of your HMO coverage. While it is important to have a good idea of what is and isn’t covered, it is even more important to understand your rights under the plan. Not everything you need to know about your plan will be in the document. You may have to talk to a representative at the HMO itself or at the state regulatory agency, either your state’s Department of Insurance or Department of Managed Health Care, for information. Things you should know about your plan include:

   •  How do you change your PCP and how often can you do it? Be aware that if you are totally dissatisfied with your PCP, an HMO will often accommodate your request for a change regardless of their “rules.”

   •  What right do you have to appeal the denial of a referral or of a particular course of treatment? What are the time limits on such appeals? How does the appeal process work?

   •  What is the timeline for an expedited appeal if medical treatment is being withheld pending the appeal? Many states have enacted laws which require such appeals to be handled within 24 or 48 hours.

   •  Does the HMO offer Nurse Case Management for patients with chronic diseases such as HCV? Case Managers have an underlying purpose of saving the HMO money, but most of these case managers are trained nurses, and can be a valuable source of information about the HMO’s policies and rules and may even be an ally for you when “fighting the system.”

The days are long gone in any healthcare delivery system when patients could put themselves in the doctor’s hands and rest assured that they were getting the best and latest treatment. However, in the HMO system of healthcare, where the providers can increase profits by withholding care, it becomes even more important that you stay actively involved in your medical care. To do that, you must find knowledgeable medical providers who not only know about HCV, but who will listen to you and answer questions candidly about the input of the HMO in determining the direction of your care.

On The Way To The Social Security Office
By Larry Wagner


1. Whatever you do don't believe anything the folks at the Social Security Office tell you. They don't have the authority or the knowledge to give you advise about your claim. In most cases your claim will be forwarded for review by a Medical Board usually made of of a couple of Drs. They make the determination. The primary job of the folks that work the counter at Social Security Offices is to say "no" when applying for benefits. Don't let them fill out some computerized form for you either. They don't know you, they don't know your symptoms and they are just trying to speed up the process so they can say no quicker any way they can. Get the form from them. Fill it out yourself. Make copies and proof-read it for accuracy. You may be asked to see a Doctor at their expense, I was never asked because my documentation was complete.

2. Hand print or type (I typed mine on a regular typewriter) the application. Don't believe any stories you hear that claim if you type they will consider you not disabled because you can type. They will thank you for taking the time to making sure they can read it. If you print it by hand, print legibly . Use a dictionary if you have to.

3. Don't leave any blocks blank and don't put "don't know" or "NA" in any block. If you don't know the answer you can bet they don't know and you've given another person in the paper chain a chance to knock it down and return it disapprove your application. Be thorough in answering all
questions. Use a separate sheet of paper if necessary to elaborate your point. Make sure that if you use a separate sheet of paper that the item on the form that you are trying to explain corresponds with the same number on the original form. Be exact, be complete. Include your complete medical
history with the exception of minor illnesses such as the "flu" or cuts and scraps on the form. When your done completing the form get someone else to look it over. Preferably someone who is a third party to your illness. a spouse or parent might be too sympathetic to provide constructive criticism.  If the third party doesn't understand what is on the form then you can bet the folks down at the Social Security Office won't either.

4. Ask for extra forms in case you screw it up or make copies of the original and make a draft before preparing the final form for submission to the Social Security Office. In addition to the main form you'll be given medical release forms asking you to give the name of your doctor, his or her
address and the names and addresses of any hospital where you have ever been treated. Be complete and don't leave anything out even if you think it's not related to your claim. There is a lot about this disease that the medical community doesn't know and no one can say for sure that something
that happened to you previously before being diagnosed isn't a symptom or a warning sign of this disease. The more ammo you give them the better your chances are of getting approved.

5. Now here's where the big secret is: When I filled out the medical release forms I was told it might take anywhere from 30 days to 3 months to get all the medical info from the doctors and the hospitals and that would delay the processing time. No way I said. I made a personal trip to each Drs office and hospital and made complete copies of everything they had on file on me. In some cases you may have to pay for the copies and in some cases you won't but it depends on who you are dealing with. If you let the Social Security folks and the medical records clerks at Drs offices and hospital do the work you're letting them decide which info is relevant to your condition and what info isn't. I personally don't trust their judgment. I want all the info with nothing left out. So make complete copies front and back of everything they have on you. If you can get your hands on xrays get them. I went to the hospital and went to the radiology lab and told them I had an unscheduled appointment with my Doctor and he was asking me to
see if they would let me pick up the xrays to speed things up. The clerk just handed them to me and off I went. I had copies made from them and returned the originals in a couple of days. Not exactly honest way of doing things but it worked and they did get the original back. But if you just go in there and say give me my xrays they are going to laugh at you. In some cases the hospitals will be willing to make copies for you at a small charge.  This applies to ultra-sounds, endoscopies, e.t.c.... When they do an endoscopy they make a video and have prints of your esophagus and stomach.
These are important to include in your package. Make sure that results from any biopsies and all blood tests are included in the package. If you haven't had a recent liver panel done, get one done and include it. But I suspect most of you have had this done on a routine basis as it is. Another point to remember is never to let a hospital employee, or a clerk in a Drs office tell you "no" or that something can't be done or provided. Ask to speak to their supervisor if you run into a stone wall and if you don't get any satisfaction from the supervisor ask to speak to the supervisors supervisor. Keep going until you get results. Don't take no for an answer. Also I would include receipts for medication to document the cost of treatment as well as receipts from paying the medical bills even if you filed it with your insurance carrier. You should have these anyway because they are a tax deductible item and unless you guys are wealthier than I thought these expenses are legitimate deductions. Make your own personal copies of all pertinent medical documents, put the copies you are forwarding with your claim in chronological order, keeping it together by stapling or a binder. Here's a hint that might help. Make single sided copies instead of two sided. The reason is that it will make your packet much larger and less likely that they will want to read through the whole damn thing just to get to the bottom line. My records I submitted were in excess of 750 single sided pages and I put them in a box and taped my application to the outside of the box. I really don't think they ever looked at any of it because it was too damn big. Also tell them they can keep the copies you provided them. They will be thankful that they don't have to copy the entire package which could eat up a whole days work. If they have to make a copy so they can return copies to you it will go into the back of someone's desk to be
done on a slow day, delaying your processing.

6. Get statements from friends, families and co-workers, clergy and who ever to document your case. Ask them to provide you a simple handwritten letter to "Whom it may concern" what they have noticed about you since learning of your condition. Have them be explicit, your temperament, your lack of energy, your depression etc and what effect this has had on them in their relationship with you. Also personal letters from your physicians will be of great help. Most MD's are sympathetic toward your condition and are more than willing to go the extra mile to help you get SS.

7. You'll be asked to provide your original birth certificate and a few other things in original form. Get them and provide them they will return them after they cite them and make copies of them.

8. The hardest part for some of you will be meeting the "means test" on income. Be honest, they have access to IRS files and if they catch you lying about how much you make they will quickly turn you down. The only expectation to this is if you have changed jobs during the last fiscal quarter and the IRS files aren't updated. In that case ask your payroll office to provide you a letter stating your income before and after taxes and include any deductions or contributions you are making to retirement plans. They base their income qualification decision on a scale over the last 3 quarters so
make sure you provide them with current info especially if you've taken a pay cut or went on reduced hours due to your condition or a work slowdown.

9. You'll have to wait 6 obligatory months from the date you filed until you get your first check. Regardless of how fast your application is approved. That's the law and there is no way around it. It's there way of making sure that someone doesn't come up with a miracle cure or that you were visited
by the Virgin Mary and healed mysteriously. If at anytime during the waiting period you make additional trips to your Dr. or have anything done in a hospital, get copies and take it promptly to the SS office to be included in your application. You will get your final approval/disapproval notice from
the SS office in Baltimore, Md. If they send you a letter asking for more info, get it right away and make copies and forward it to them as not to delay your application.

Most of all pray and be patient. Don't yell and scream at any SS employee it will only make matters worse. Be cooperative. I spent 23 years in the Military doing admistrative work filling out government forms and processing claims of all sorts. My thoroughness in this application only expedited the processing. No one ever came back to me and said, "Hey you did such a good job you can't be possibly disabled." But I bet you if you play it the way I spelled it out here they won't look real hard to find a reason to disapprove your request. It will be easier for them to stamp it "approved" and get it off their desk.

Good luck and if you have any questions I can help you out with in specific in completing the forms email me privately and I will help you the best I can. Like I said I got my approved in a little under 3 months and I hope the same for you.

Take care, God bless. Be well!!!
Larry Wagner
lwagner@ix.netcom.com
Maple Valley, Wa
This piece came from Hepatitis Haven

http://www.hcvadvocate.org/news/newsLetter/2008/advocate0308.html#6  

Crucial Information From HCV ADVOCATE:

PDF A Guide to Hepatitis and Disability

Getting the Most from Your Health Insurance
PDF
PDF (download)

Understanding Your Health Insurance
PDF
PDF (download)

Taxing Disability Benefits
PDF
PDF (download)

Life Insurance: The Basics
PDF
PDF (download)

Doctors and Disability Forms
PDF
PDF (download)

Can a Person With Hepatitis C Purchase Insurance? (2005)
PDF
PDF (download)

A Final Word on Medicare Prescription Drug Benefits
PDF
PDF (download)

Guarantee Issue Health Insurance (2005)
PDF
PDF (download)

Medicare Drug Coverage Part 2
PDF
PDF (download)

Medicare Part D – The Prescription Drug Plan Additional Help for Low Income Beneficiaries
PDF
PDF (download)

Working When Collecting Disability Benefits
PDF
PDF (download)

Getting Health Insurance after Diagnosis
PDF
PDF (download)

Preparing to Leave Work on Disability
PDF
PDF (download)

Presumptive SSI (and Other Fantasies)
PDF
PDF (download)

Timetable for Leaving Work Due to Disability
PDF
PDF (download)

Medicare Part B and Other Health Insurance
PDF
PDF (download)

Completing Social Security and Insurance Questionnaires
PDF
PDF (download)

2005 Changes to Social Security & Medicare
PDF
PDF (download)

An Overview of Disability Insurance Coverage
PDFPDF (download)

Short Term Disability Benefits
PDF PDF (download)

Medicare Prescription Drug Discount Cards (and Other Changes to Medicare)
PDF PDF (download)

Tips When Filing For Disability Benefits
PDF PDF (download)

First Annual State of Health Insurance Address
PDF PDF (download)

Cleaning up Benefits Odds & Ends: Issues of Note for 2004
PDF PDF (download)

Social Security Continuing Disability Reviews (CDRs)
PDF
PDF (download)

Appealing a Denial
PDF
PDF (download)

Medicaid
PDF PDF (download)

Surviving HCV in an HMO
PDF PDF (download)

Helping Your Social Security Claim through the System
PDF PDF (download)

Can a Person With Hepatitis C Purchase Insurance?
PDF PDF (download)

COBRA - Extending Your Employer-Based Health Insurance
PDFPDF (download)

What's the Condition of Your Benefits Safety Net? Part 1 - Income
PDFPDF (download)

What's the Condition of Your Benefits Safety Net? Part 2 - Health Insurance and Cash Reserves
PDFPDF (download)

What Happens When Cobra Ends?
PDFPDF (download)

Guarantee Issue Health Insurance
PDFPDF (download)

Medicare Is Not Enough
PDF
PDF (download)

Life Settlements and HCV (Cash for Your Life Insurance Policy)
PDFPDF (download)

Open Enrollment
PDFPDF (download)

Monitoring Your Health Insurance Coverage
PDFPDF (download)

Health Insurance and Alternative/Complementary Medical Treatment
PDFPDF (download)

*Articles authored by Jacques Chambers, Benefits Counselor.

Back to top

Disability*

Social Security Consultative Examinations
PDF
PDF (download)

American with Disabilities Act: What It Does, and Doesn't Do
PDFPDF (download)

Family and Medical Leave Act (FMLA)
PDFPDF (download)

Determining Financial Eligibility for SSDI
PDFPDF (download)

Fibromyalgia, CFIDS, HCV and Social Security Disability
PDFPDF (download)
 

When Should You Leave Work on Disability?
PDFPDF (download)

Getting Disability Benefits Under Social Security with HCV
PDFPDF (download)

SSI and SSDI: How Much Difference Can A Letter Make?
PDFPDF (download)

Working While Collecting Social Security Disability
PDFPDF (download)

Keeping the Disability Checks Coming
PDF
PDF (download)

When Disability Insurance Says You're No Longer Disabled
PDFPDF (download)

*Articles authored by Jacques Chambers, Benefits Counselor.

 

SOCIAL SECURITY DISABILITY FAQs

  1. What is the definition of disability used by Social Security?
  2. How many different types of Social Security disability benefits are there?
  3. How do I apply for Social Security disability benefits?
  4. I am disabled, but I have plenty of money in the bank. Do I have to wait until this money is gone before I apply for Social Security disability benefits?
  5. I used to work but lately I have been staying home taking care of the kids. I have now become sick. Can I get Social Security disability benefits?
  6. How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?
  7. I am still on sick leave from my employer. Can I file for Social Security disability now or do I have to wait until the sick leave is exhausted?
  8. I got hurt on the job. I am drawing worker's compensation benefits. Can I file a claim for Social Security disability benefits now or should I wait until the worker's compensation ends?
  9. Can I get both worker's compensation and Social Security disability benefits?
  10. How can I tell if I will be found disabled by Social Security?
  11. Can you receive Social Security disability benefits for chronic hepatitis C?
  12. Do you have to be permanently disabled to get Social Security disability benefits?
  13. I have several health problems, but no one of them disables me. It is the combination that disables me. Can I get Social Security disability benefits?
  14. I got hurt in an automobile accident. I am disabled now, but I expect that I will be able to return to work after I recover. Should I file for Social Security disability benefits?
  15. How does Social Security determine if I am disabled?
  16. Who decides if I am disabled?
  17. Why does Social Security consider my age in determining whether I am disabled?
  18. Is there a list of impairments that Social Security considers disabling?
  19. What can I do to improve my chances of winning my Social Security disability claim?
  20. How do I find an attorney to represent me before on my Social Security disability claim?
  21. If I am approved for Social Security disability benefits, how much will I get?
  22. How far back will they pay benefits if I am found disabled?
  23. What do I do if Social Security denies my claim for Social Security disability benefits?
  24. Why does Social Security turn down so many claims for disability benefits?
  25. I only want to get back the money I put in Social Security. Why do they make it so hard for me to get my own money back?
  26. What is "reconsideration"?
  27. Who makes the reconsideration determination?
  28. What are my chances of winning at reconsideration?
  29. Do I have to go through reconsideration?
  30. How long does it take to get a hearing on a Social Security disability claim?
  31. What is the Social Security hearing like?
  32. What are my chances of winning at a hearing?
  33. If the Administrative Law Judge denies my claim, can I appeal any more?
  34. What is the Appeals Council?
  35. Can I appeal a case beyond Social Security to the Federal Courts?
  36. If I get on Social Security disability benefits and get to feeling better and want to return to work, can I return to work?
  37. Where can I go to get help with my Social Security disability claim?
  38. Do I really have to hire a lawyer to represent me in my Social Security disability claim?
  39. How do lawyers who represent Social Security disability claimants get paid?
  40. Can alcoholics and drug addicts really get Social Security disability benefits?
  41. I know someone who is on Social Security disability and he does not look a bit disabled. Why do they put all of these freeloaders on benefits?
  42. I am disabled, but I have never worked at public work. Can I get Social Security disability benefits?
  43. I am a widow. I have not worked in public work in many years. I am disabled. Can I get Social Security disability benefits?
  44. I have a daughter who has been disabled by cerebral palsy since birth and has never been able to work. Can she get disability benefits from Social Security?
  45. I am already on Social Security disability benefits, but I am worried that my benefits will be stopped in the future. What are the chances of this happening?
  46. If Social Security tries to cut off my disability benefits, what can I do?
  47. My doctor says I am disabled so why is Social Security denying my Social Security disability claim?
  48. VA says I am disabled, so why is Social Security denying my Social Security disability claim?
  49. I am 60% disabled. Do I get 60% of my Social Security disability benefits?
  50. I am disabled by mental illness. Can mental illness serve as the basis for a Social Security disability claim?
  51. Will it help if I ask my Congressional Representative to help me get Social Security disability benefits?
  52. How long does it take before Social Security makes a decision once I file a claim for Social Security disability benefits?
  53. How long does it take for Social Security to make a reconsideration determination on my Social Security disability claim?
  54. How long does it take for Social Security to act upon a request for Appeals Council review?
  55. I am disabled. I need help with medical bills even more than I need a cash income. How do I get help with medical bills?
  56. What is the difference between Medicare and Medicaid?
  57. If I get Social Security disability benefits will I get Medicare?
  58. If I get Social Security disability benefits will I get Medicaid?

1. What is the definition of disability used by Social Security?

Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."

2. How many different types of Social Security disability benefits are there?

There are at least five major types of Social Security disability benefits. Disability Insurance Benefits is the most important type of Social Security disability benefits. It goes to individuals who have worked in recent years (five out of the last 10 years in most cases) who are now disabled. Disabled Widow's and Widower's Benefits are paid to individuals who are at least 50 and become disabled within a certain amount of time after the death of their husband or wife. The late husband or wife must have worked enough under Social Security to be insured. Disabled Adult Child Benefits go to the children of persons who are deceased or who are drawing Social Security disability or retirement benefits. The child must have become disabled before age 22. For Disability Insurance Benefits, Disabled Widow's or Widower's Benefits and Disabled Adult Child benefits, it does not matter whether the disabled individual is rich or poor. Benefits are paid based upon a Social Security earnings record. Supplemental Security Income benefits, however, are paid to individuals who are poor and who are disabled. It does not matter for SSI whether an individual has worked in the past or not. SSI child's disability benefits are a variety of SSI benefits paid to children under the age of 18 who are disabled. The way in which disability is determined is a bit different for children.

3. How do I apply for Social Security disability benefits?

The best, surest way to file a Social Security disability claim is to go to the nearest Social Security office in person and wait (often for a few hours) to see someone to file the claim in person. In the alternative, a person may contact Social Security by telephone and arrange for a telephone interview to file the claim.

4. I am disabled, but I have plenty of money in the bank. Do I have to wait until this money is gone before I apply for Social Security disability benefits?

No. If you have worked in recent years or if you are applying for Disabled Widow's or Widower's benefits or Disabled Adult Child benefits, it does not matter how much money you have in the bank. There is no reason to wait to file the claim.

5. I used to work but lately I have been staying home taking care of the kids. I have now become sick. Can I get Social Security disability benefits?

Possibly. If you have worked five out of the 10 years under Social Security before becoming disabled, you will have enough earnings in to potentially qualify for Social Security disability benefits. For individuals 31 or less, the requirements are a little different, since such individuals have not had such a long time to work. Unless a person has been staying home and taking care of their children for quite a long time, however, it is very possible that they will qualify for Social Security disability benefits based upon their own earnings. Also a homemaker, if poor enough, can qualify for Supplemental Security Income (SSI) whether he or she has worked in the past or not.

 

6. How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?

Not even one day. You can file for Social Security disability benefits on the very same day that you become disabled. Many individuals make the mistake of waiting months and even years after becoming disabled before filing a Social Security disability claim. There is no reason to file a Social Security disability claim if one has only a minor illness or one which is unlikely to last a year or more. However, an individual who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.

7. I am still on sick leave from my employer. Can I file for Social Security disability now or do I have to wait until the sick leave is exhausted?

No, you do not have to wait until the sick leave is exhausted. You should file for Social Security disability benefits now, if you believe that you will be out of work for a year or more.

8. I got hurt on the job. I am drawing worker's compensation benefits. Can I file a claim for Social Security disability benefits now or should I wait until the worker's compensation ends?

You do not have to wait until the worker's compensation ends and you should not wait that long. An individual can file a claim for Social Security disability benefits while receiving worker's compensation benefits. It is best to file the Social Security disability claim as soon as possible because otherwise there may be a gap between the time the worker's compensation ends and the Social Security disability benefits begin.

9. Can I get both worker's compensation and Social Security disability benefits?

Yes. There is an offset, which reduces Social Security disability benefits because of worker's compensation benefits paid, but in virtually all cases, there is still some Social Security disability benefits to be paid. In a few states the offset works the other way - - worker's compensation benefits are reduced because of Social Security disability benefits.

10. How can I tell if I will be found disabled by Social Security?

Unless your disability is catastrophic (such as terminal cancer, a heart condition so bad that you are on a heart transplant waiting list, total paralysis of both legs, etc.), there is no easy way for you to tell whether you will be found disabled by Social Security. In the end, the decision of whether or not to apply for Social Security disability benefits should not be based upon whether or not the person feels that Social Security will find them disabled. Attorneys familiar with Social Security disability can make predictions about who will win and who will lose, but even they can seldom be sure. An individual should make the decision about whether or not to file for Social Security disability based upon their own belief about their condition. If the individual feels that he or she is disabled and is not going to be able to return to work in the near future, the individual should file for Social Security disability benefits. If denied, the individual should consult with an attorney familiar with Social Security disability to get an opinion as to the chances of success on appeal.

11. Can you receive Social Security disability benefits for chronic hepatitis C?

 

In almost every case, no matter what the disease is, the answer is the same - "Maybe, it just depends upon how badly you are affected by the disease." One example might be cancer. The word "cancer" is scary to anyone, but there are many cancers which can be treated and cured very quickly, with little or no lasting effect. On the other hand, of course, there are cancers which cause great suffering and ultimately death. The question in each individual case is "How sick is this particular individual with cancer and how long is this person going to remain sick?" Skin diseases are another example. The vast majority of skin diseases, while annoying, would not be considered to be disabling. On the other hand, there are some uncommon, very severe skin problems which are clearly disabling. In extreme cases, psoriasis, which is not rare, may be disabling. Thus, almost without exception, the mere fact that an individual has a disease with a certain name does not guarantee that the individual either will or will not be found disabled. It all depends upon how sick the person is.

12. Do you have to be permanently disabled to get Social Security disability benefits?

No. You have to have been disabled for at least a year or be expected to be disabled for at least a year or have a condition that can be expected to result in death within a year.

13. I have several health problems, but no one of them disables me. It is the combination that disables me. Can I get Social Security disability benefits?

Social Security is supposed to consider the combination of impairments that an individual suffers in determining disability. Many, perhaps most claimants for Social Security disability benefits have more than one health problem and the combined effects of all of the health problems must be considered.

14. I got hurt in an automobile accident. I am disabled now, but I expect that I will be able to return to work after I recover. Should I file for Social Security disability benefits?

If you expect to be out of work for a year or more on account of illness or injury, you should file for Social Security disability benefits.

15. How does Social Security determine if I am disabled?

Social Security is supposed to gather your medical records and carefully consider all of your health problems, as well as your age, education, and work experience. In general, Social Security is supposed to decide whether you are able to do your past work. If Social Security decides that you are unable to do your past work, they are supposed to consider whether there is any other work which you can do considering your health problems and your age, education, and work experience.

 

16. Who decides if I am disabled?

After an individual files a Social Security disability claim, the case is sent to a disability examiner at the Disability Determination agency in your state. This individual, working with a doctor, makes the initial decision on the claim. If the claim is denied and the individual requests reconsideration, the case is then sent to another disability examiner at the Disability Determination agency, where it goes through much the same process. If a claim is denied at reconsideration, the claimant may then request a hearing. At this point, the case is sent to an Administrative Law Judge who works for Social Security. The Administrative Law Judge makes an independent decision upon the claim. This is the only level at which the claimant and the decision maker get to see each other.