Was Your Va Disability Claim Denied
The attorneys and advocates at Chisholm Chisholm & Kilpatrick LTD have decades of experience successfully representing veterans and their families before the Department of Veterans Affairs, the Court of Appeals for Veterans Claims, and the Federal Circuit. We may be able to help you. Contact us today at 800-544-9144.
Dont Ignore Your Doctors Recommendations
Sometimes, IBD treatment plans seem like a burden. Many IBD medications can cause negative side effects, and many IBD sufferers want to avoid a colectomy and J-pouch. While we would never encourage you to undergo surgery unless its necessary, you also shouldnt stop taking your medications or make other medical decisions without a doctors approval.
In addition to the potential health risks, not complying with your treatment plan can also create challenges during an LTD claim. Insurance adjusters will argue that your refusal to take medications or try a treatment option is the reason youre unable to work. The best way to avoid this insurance company tactic is to work closely with your medical team and do your best to follow their suggestions.
What Exactly Is Crohns Disease
Crohns disease, a form of inflammatory bowel disease, is a condition in which there is inflammation in the lining of the digestive tract. This inflammation can cause diarrhea, pain in the abdomen, rectal bleeding, weight loss, fever, and fatigue.
In severe cases, intestinal blockages, ulcers, and malnutrition may occur.
Crohns disease is an unpredictable chronic illness, known for its flares and remissions. As such, a person suffering from Crohns disease often faces many physical and emotional challenges.
As a general rule, Crohns disease is considered a progressive illness, meaning that for most people it tends to get worse over time. This means that many individuals who do not initially qualify for SSDI benefits may later qualify as the disease progresses.
While there is no known cure for Crohns, there are many possible treatments to help decrease the severity of the symptoms.
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Getting Help With Your Claim
Have you been diagnosed with Inflammatory Bowel Disease? Do complications from your IBD interfere with your ability to work? You could be eligible to receive SSDI benefits.
Getting approval for benefits because of IBD can be complicated. You must have detailed medical records showing how your IBD affects your daily life and ability to work. Your information must be complete and stand up to evaluation by the SSA.
You should not face this process alone. Contact us today for a free evaluation of your situation and let one of our experienced SSDI lawyers help you get the benefits you need.
Impacting Your Ability To Work
Because of the severity of the symptoms you experience with colitis, your ability to work may be significantly impacted. The abdominal pain and chronic diarrhea can make staying in a single position for awhile virtually impossible.
Due to the nausea and fatigue, you cannot stand for long periods, bend or lift, or walk while carrying heavy items. It may be impossible for you to climb ladders or reach because of your weakness.
If you suffer severe dehydration or bleeding, you will be extremely weak and tired. Frequent movements of the limbs can intensify the pain and discomfort while sometimes making you have the urge to visit the bathroom more frequently.
All these symptoms can make work impossible, regardless of your work duties.
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The Disability Tax Credit For Those With Ulcerative Colitis
The Disability Tax Credit or DTC is a program of the Canada Revenue Agency designed to help the disabled find the relief so many of them need from the overwhelming costs associated with treating their condition. The DTC recognizes that these costs are unique to the disabled and often just as liable as the disability itself to cause hardship. The CRA recognizes colitis as a potentially disabling disease which means you may be able to find both short and long term financial relief if your application for benefits is accepted.
Does Crohns Disease Require Surgery
About 70% of people with Crohns disease eventually require surgery. There are different types of surgeries that a doctor may recommend for Crohns disease. The kind of surgery you receive will depend on the reason you need surgery and the severity of your Crohns symptoms. Crohns surgery is usually done to remove portions of the intestine that have the disease.
Unfortunately, about 30% of patients who have surgery for Crohns disease experience recurrence of their symptoms within three years. Likewise, up to 60% will have recurrence of their symptoms within ten years. See Sachar DB The problem of post-operative recurrence of Crohns disease. Med Clin North Am. 1990 74:183-188.
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Applying For Disability Because Of Ibd
IBDs can affect the lining of the large intestine, causing inflammation and ulcers. This can damage the bodys digestive system, where crucial nutrients in your diet are lost through leaks along the lining of the colon and are excreted from the body as diarrhea. This complication can lead to excessive weight loss. If you have lost a significant amount of weight due to ulcerative colitis or Crohns disease, you can qualify for disability benefits under the Social Security Administration’s listing for weight loss.
Weight loss in itself is not considered a disability under the SSA, but it is classified as a symptom arising from a range of other complications that you may be experiencing and therefore affecting your ability to work. If you are experiencing involuntary weight loss, you can apply for benefits under section 5.08 which was written to specifically address weight loss due to any digestive disorder. To qualify, you need to have undergone treatment by a doctor and have recorded a BMI of 17.5 or less on two occasions over the span of 6 months.
Ssas Definition Of Disability Due To Crohns Disease Under Listing506
The SSA looks at Crohns disease under the rubric of inflammatory bowel disease. The SSAs introductory paragraph to the listing states:
Inflammatory bowel disease includes, but is not limited to, Crohns disease and ulcerative colitis. These disorders, while distinct entities, share many clinical, laboratory, and imaging findings, as well as similar treatment regimens. Remissions and exacerbations of variable duration are the hallmark of IBD.
Crohns disease may involve the entire alimentary tract from the mouth to the anus in a segmental, asymmetric fashion. Obstruction, stenosis, fistulization, perineal involvement, and extraintestinal manifestations are common. Crohns disease is rarely curable and recurrence may be a lifelong problem, even after surgical resection. In contrast, ulcerative colitis only affects the colon. The inflammatory process may be limited to the rectum, extend proximally to include any contiguous segment, or involve the entire colon. Ulcerative colitis may be cured by total colectomy.
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The Symptoms Of Crohns Disease
The symptoms of Crohns disease often develop gradually. Certain symptoms may also become worse over time. Although possible, its rare for symptoms to develop suddenly and dramatically. The early symptoms of Crohns disease can include:
- feeling as if your bowels arent empty after a bowel movement
- feeling a frequent need for bowel movements
You should see a gastroenterologist if experience these symptoms. People with Crohns disease of the colon or ulcerative colitis have a higher risk for colorectal cancer than the general population. Colorectal cancer rarely occurs in the first eight to ten years after initial diagnosis of IBD.
The risk increases the longer a person lives with the disease. An analysis of all published studies found that as many as 18% of people with IBD may develop colorectal cancer by the time they have had IBD for 30 years.
If you do not have health insurance to see a doctor and you are without income, you can apply for Medicaid. Medicaid benefits are available, depending on your income and assets, in each state. Read here for more information about Medicaid benefits.
Hiring A Disability Lawyer
Most claimants, who do not have a condition that meets a listing, will benefit from the expertise of a disability lawyer. Talk to a disability lawyer and find out what types of information can help with your claim. Examples can include blood tests, stool sample, a colonoscopy, flexible sigmoidoscopy, barium enema, X-ray, and CT scan.
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Get Your Paperwork And An Attorney
To get your claim approved, you must provide detailed documentation and supportive evidence that shows you have been diagnosed with colitis, the treatments you have undergone and their results, the symptoms you experience and their severity, as well as any limitations or restrictions you have because of your condition.
No matter what, it can be a good idea to consult with a disability attorney to help you with your claim. Your odds of being approved for benefits increase significantly when you have an attorney working on your behalf, and you will have someone knowledgeable to fight on your behalf.
Diagnosis Of Ibd And Your Ability To Receive Disability Benefits
If a doctor diagnoses you with either ulcerative colitis or Crohns disease, you can qualify for disability benefits under the IBD categorization as listed in the Social Security Administrations Blue Book, section 5.06. In addition to the diagnosis, however, you would need to show a specific complication that arose as a result of the disease that continuously affects your health and ability to do the type of work that you were doing before.
Conditions in which disability would apply include an obstruction in the small intestine or colon, confirmed by imaging or surgery, requiring hospitalization and occurring 60 days apart at least twice over a six-month period.
You are also eligible if any of the following two conditions occur despite treatment within the same 6-month period at least 60 days apart:
Anemia with hemoglobin of less than 10.0 g/dL
Serum albumin of 3.0 g/dL or less
Clinically documented tender abdominal mass palpable with abdominal pain or cramping that cannot be controlled by prescription medication
Perineal disease with a draining abscess or fistula, with pain that cannot be controlled by prescription medication
Need for supplemental nutrition through a daily gastrostomy or central venous catheter.
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What Causes Crohns Disease
The causes of Crohns disease are unknown. However, it is believed to be caused by a combination of factors. Scientists state those causes are environmental and genetic. Additionally, Crohns disease can also be due to immune factors.
It results in a chronic inflammatory disorder, in which the bodys immune system defends the gastrointestinal tract, possibly targeting microbial antigens. While Crohns is an immune-related disease, it does not appear to be an autoimmune disease.
In an autoimmune disease, like Lupus, the immune system is not being triggered by the body itself. The exact underlying immune problem is not clear however, it may be an immunodeficiency state.
Family And Medical Leave Act
The Family and Medical Leave Act is a federal law that allows employees to take up to 12 weeks of unpaid, job-protected leave for specified medical reasons. For IBD patients, this can include time off for surgery, hospital stays, mental health, and even multiple and regular doctor visits, lab draws, or infusion appointments.
Immediate family members, acting as primary caregivers, can also take up to 12 weeks of leave from their workplace to care for a loved one. for more specific FMLA information for caregivers.
Notify your employer as soon as you know you will need FMLA leave. to read some helpful tips to prepare your FMLA request.
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Are Disability Benefits Available For Colitis
Colitis, or ulcerative colitis, is a condition thats demonstrated through the inflammation of the colon.
The colons primary responsibility is the collection and disposal of waste created as a byproduct of digestion. Those wastes are pushed through the tube-like colon, moving the undigested food waste towards the anus for an eventual bowel movement. This brief illustration of the colons function makes it evident that an inflamed colon will cause a person serious discomfort and difficulty.
Colitis symptoms differ from one case to another, though there are some common signs, including: Abdominal cramping Loss of control of bowel function Fever Sleepiness Weight loss
There are numerous causes for colitis, though the most common are infections, inadequate blood supply, and autoimmune reactions. Colitis treatment comes in the form of medications that suppress the bodys autoimmune system, or in extreme cases, surgery.
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Inflammatory Bowel Disease And Disability Insurance: A Claimants Guide
The symptoms and uncertainty associated with inflammatory bowel disease can turn your life upside down. If youre unable to work due to your ulcerative colitis or Crohns disease, you may be eligible for long-term disability benefits. However, the process of getting benefits can feel overwhelming especially during a flare.
At Bryant Legal Group, we guide people through their complex disability insurance claims and help them get the benefits they deserve. In this article, we discuss the essentials of IBD-related disability claims.
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The Disability Experts Of Florida Can Help
Your ulcerative colitis or Crohns condition can make you eligible for disability benefits. If your condition is impairing you from working, the experts at DEF can help. With over 100 years of combined experience, we know how to navigate the SSAs application process and we can help you prove your disability caseweve done it for thousands of other people just like you!
Dont put off filing your application in fear of rejection. The anxiety and discomfort caused by the disease, and the pressure of having to work 40 hours a week or more in order to keep a roof over your head, can take a huge toll on your health. Let our team of experts help you get the benefits that you deserve.
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I Have Ulcerative Colitis
The Sullivan Law Office focuses on the individual aspect of every application for social security benefits since each application is unique to the individual. The Sullivan Law Office may help during the long and sometimes stressful gathering of personal information and medical evidence involved in process of applying for disability benefits. Applicants should understand every necessary detail before they file an application and the Social Security Administration determines eligibility. The assistance of an experienced and knowledgeable disability attorney is often vital to a successful application for disability benefits.
Ulcerative colitis is a severe and potentially life-threatening form of inflammatory bowel disease that causes inflammation and ulceration of the large intestine. A worst-case scenario result is that the colon thickens and scars and is unable to absorb excess fluid from the feces. Serious complications, such as colon cancer, a ruptured colon, fistulas, and the formation of abscesses around the anus may result from ulcerative colitis.
Crohn’s Disease And Ulcerative Colitis Can Lead To Disability
The inflammatory bowel diseases are incurable, chronic illnesses that include Crohns disease, ulcerative colitis, and indeterminate colitis. IBD affects the digestive system, causing inflammation which results in symptoms such as fatigue abdominal pain, diarrhea, lack of appetite, and in some cases, blood in the stool.
Many people who live with IBD find a treatment that helps stop the inflammation and the symptoms. However, for some, the disease can turn out to be quite severe and difficult to treat. This is especially true when there are extra-intestinal symptoms or they have a diagnosis of an associated condition.
These complications can limit life activities and make keeping a job difficult. In those cases, it may make sense to apply for disability benefits. There are, however, certain criteria that must be met in order to receive those benefits.
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Crohns Disease And Ulcerative Colitis
Conditions that affect the intestines or bowel can severely curtail everyday activities. For many sufferers, the option of going to work is simply unavailable. At the Disability and Injury Law Offices of David R. Machek, we represent clients who suffer from severe intestinal conditions such as Crohns disease and ulcerative colitis seek appropriate financial assistance through Social Security Disability Insurance and Supplemental Security Income.
Crohns disease and ulcerative colitis can be severely debilitating, having an impact on your ability to manage the day-to-day care for your family or secure employment.
Symptoms of Crohns disease and ulcerative colitis include stomach cramping, constipation, diarrhea, abdominal pain, nausea, vomiting, blood in stool, ulcers, reduced appetite or weight loss, and fever and fatigue.
How Do I Qualify For Long
Both Crohns disease and ulcerative colitis are forms ofinflammatory bowel disease that can cause debilitating symptoms and leadto an increased chance of other serious health problems. If you suffer from oneof these diseases, your condition may become severe enough to interfere withyour ability to work. In that situation, you may qualify for long-termdisability benefits.
LTD benefits are monetary benefits provided by an insurance policythat is designed to provide coverage in the event that you are unable to workdue to a disability. It is important to check the terms of your policy for anylimits or exclusions. Generally, there is a waiting period after you becomedisabled before you will beeligible for LTD benefits.
To qualify for LTD benefits with Crohns disease or ulcerativecolitis, you must be able to prove that you are disabled as defined by yourinsurance policy. To do so, you will need to provide proof of your conditionand how your condition limits your ability to work.
First, you must document your diagnosis of Crohns disease orulcerative colitis. This is typically done through medical records, includingnotes from your treating physician and the results of any tests that you mayhave had done. This may include blood tests, colonoscopies, MRIs, endoscopies,X-rays and CT scans.
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