Is A Mental Health Disorder Eligible For Disability?

Most people think that disability is strictly for individuals who are physically disabled. But a mental health disorder can be equally disabling, especially if not properly treated. If you have a mental health disorder that prevents you from working or inhibits your everyday functioning, you may also be eligible for disability payments.

Is A Mental Health Disorder Eligible For Disability?

Adults who are living with a mental health disorder may not have the funds to take care of themselves or to be able to seek treatment. Millions of people with disabilities are unable to get proper treatment because they do not have the means to obtain care. But it’s vital to get a diagnosis before pursuing a claim for disability.

The Blue Book

Social Security has an organized listed list of impairments, commonly called the “Blue Book.” Mental disorders are contained in Section 12 and are arranged into 11 categories. These are the impairments that are serious enough to prevent a person from working. It also lists the medical requirements that determine if a person can receive benefits for a disability.

Conditions in the Blue Book already meet the Social Security Administration’s definition of disability. However, children who are applying for SSI will not be based on an occupation, but whether a condition will cause “marked and severe functional limitations”

Just being diagnosed with an illicit condition does not automatically qualify you for disability benefits. The Blue Book details the symptoms, test results, and other data that show that your condition is serious enough to be actually disabling according to SSA guidelines. It also lists the records you need to prove to the SSA that you are disabled.

Social Security Requirements for a Mental Health Disorder

Social Security’s requirements for mental disorders are much the same as physical disorders. It must be a condition that will keep you disabled and unable to work for at least 12 months.

To show that you are disabled, you will also need medical evidence that documents your disability and shows how it prevents you from working and disrupts your everyday life. This will include things such as psychiatrist’s notes, lists of medications, treatment records, any associated diagnostics, and documented impacts of your symptoms on your “activities of daily living,” or ADL.

You must have these documents available and in order before attempting to file your claim application. While SSDI can be done online, SSI requires an in-person interview and cannot be completed online.

There are two disability programs available:

• For Social Security Disability Insurance, or SSDI, you will need to have previously worked and paid into the Social Security system for five of the last ten years. Monthly benefits are based on your lifetime earnings, known as your “average indexed monthly earnings,” or AIME. You will qualify for Medicaid after 24 months.

Supplemental Security Income (SSI) is designed for those who have not paid into Social Security in the last ten years or have never worked. Both adults and children can qualify for SSI. If you qualify for SSI, you also qualify for Medicaid benefits.

If you are unable to work but don’t meet the bluebook’s criteria to qualify on a medical basis, you can still be approved with a medical-vocational allowance. It will take your age, work history, educational background, transferable skills, and medical condition into consideration. Your physician can fill out a residual functional capacity form, or RFC, to add to your disability claim.

The RFC will indicate if you have difficulty focusing, cannot work with others, have difficulties with communications, are unable to complete a task, etc. It lists these indicators and symptoms so that the examiner can understand whether or not you can work, and what type of work you are able to do. Including an RFC from your psychiatrist or psychologist can be key to approval for your claim.

Get Help With A Mental Health Disability Application From Herren Law

Having a mental health disorder can prevent you from working and impact your daily life. We also understand how important it is for you to receive your benefits in a timely fashion. Herren Law has helped over 4000 Houstonians receive the disability benefits they need.

When you call us, we’ll immediately begin going through your records, working with you one-on-one, and representing you during your hearings. The first step in getting an experienced SSD attorney on your side is to contact our Houston law office at (713) 682-8194. We offer free, no-obligation consultations, and there is no fee unless we win your case.

Get A Disability Lawyer Before Applying For Benefits

As anyone who’s ever done this will tell you, applying for disability benefits is a long, arduous process that is complicated as well as confusing.  You should consider getting a disability lawyer from the get go!  Many applicants don’t understand how to fill out the required paperwork or submit the correct medical documentation. It’s the main reason why more than 65% of disability claims are denied at the first application.

Get A Disability Lawyer Before Applying For Benefits

Another reason is that most people don’t normally deal with Social Security and so are unfamiliar with the process.  A good disability attorney understands the claim, the process, the laws surrounding disability claims, and what’s needed for a successful claim.

You do have the right to legal counsel, but it’s not a requirement. But there are reasons why you should consider working with a disability lawyer before you apply for benefits. You undoubtedly need financial help and messing around with this process may end up a waste of time, especially if you eventually need a disability lawyer to help anyway.

Consultation with a Disability Lawyer

While it’s true that an attorney is not required, the truth is that their knowledge and expertise go a long way in making it easier on you and increasing your chances of success.

You will want to look for a disability lawyer offering a free consultation to discuss your situation. You can use that consultation to discuss your reason for filing a claim and they can tell you what you need to know going forward.

You’ll also have a better idea of what you need to get started. They can tell you about the medical records, test results, and other medical documentation you’ll need for your application. They can also advise you on specific situations that you are experiencing and how to approach them before you start.

If it make sense after the consultation, you can hire the lawyer to handle this on your behalf. At Herren Law, all work is done on contingency meaning you will not be charged a fee unless we win your case.

Your Claim

After speaking with an attorney, starting the process will be easier. You’ll know what you need and where to get it. If you decide to hire a disability attorney, you’ll have expert advice every step of the way and minimize any guesswork. You’ll know that your application is correct before filing and you have everything you need.

Should your application for some reason lack any information or documentation, you can consult with your attorney to find out what you need to do to remedy this situation.

If your initial application is denied, even with expert help, you’ll already have legal counsel that  can guide you through the appeals process. You won’t have to worry that the attorney doesn’t understand your case because he or she should already be familiar with your situation. This makes it easier to work your appeal. Your attorney can advise you on your application, your appeal, and represent you if you are required to go to a hearing.

How Much Does It Cost?

That’s always the biggest question–money. Disability attorneys don’t work for free but may work on a contingency fee basis, like Herren Law Firm does. This means that they get paid when you receive a settlement because they receive a portion of it. If the attorney is unsuccessful, they will not be allowed to be paid. Therefore, most attorneys are motivated in successful outcomes.

The Social Security Administration has rules that limit the amount of money a lawyer can charge you and they also approve your fee agreement with an attorney.  The attorney cannot charge more than $6000, or 25% of your back pay, whichever is less. Their payment is taken from your past-due benefits and sent directly to the attorney. The SSA does this to avoid any extra charges. The attorney is paid directly so you won’t have to deal with that part.

Be aware that your attorney may bill you for some out-of-pocket expenses, such as obtaining medical reports. These are not subject to approval by Social Security.

The amount that they are paid will also depend on where you are in your application process. If you are beginning your application, the attorney will likely be awarded 25% of any back pay you receive. But since there isn’t much in the way of backpay from an initial application, their portion of the settlement will be much less. But if you are in an appeal situation, chances are your back pay will be a higher amount. In this case, attorney fees are capped at $6000, even if the 25% figure would be higher.

Social Security has more information on your right to representation by legal counsel.

Let Herren Law Help

Applying for disability is difficult and dealing with a large government agency like Social Security can be intimidating. But we can help you at the beginning and ensure that the process is as smooth as possible. If you have been denied benefits, we can help you file an appeal if appropriate.

If you believe you have a claim or have already been denied,  call the Herren Law Firm today at (713) 682-8194 or (800) 529-7707 to schedule your free consultation.  We are experienced in helping people successfully navigate through the application and appeals process, and we can help you too.

What to Do if Insurance Denies My Long-Term Disability Claim?

If you have received the dreaded denial letter from your insurance company, you may believe that your claim for long-term disability is over. However, that is not the case. Many applications are denied based on the initial application for multiple reasons. But you do have the right to file an appeal.

What to Do if Insurance Denies My Long Term Disability Claim?

We have discussed the possible reasons for LTD denial in a previous blog post. If you have yet to file your initial LTD application, read the previous blog post to make sure that your application and any follow-up meet the criteria.

Appealing The Denial

If you have already received a denial letter, the first thing to do is to prepare to file an appeal.

All LTD policies allow for one, and sometimes two appeals before a person begin receiving long-term disability benefit payments. In fact, most people receive their benefits after the exhausting appeals process.

First, examine the letter that details why the company denied your application. This letter will also tell you the period you have for filing any type of appeal. You must pay attention to this deadline, or you’ll miss your opportunity for appeal, and winning your claim will be over.

Next, contact the insurance company and request a copy of your claim file in writing. If your policy is through your employer’s Human Resources department, contact them for a copy of your claim file. This will show you what they used to determine your claim denial, and how you can prepare for your appeal.

What You Need to Reverse Their Decision

One thing we do know about insurance companies is that they are in business to make money, not to provide you with benefits. Many engage in what’s known as “bad faith practices” to ensure that you don’t get your benefits and that you eventually give up trying. If you haven’t already, this is the time to consider working with an experienced disability attorney to represent you and your long-term disability claim.

It does take considerable effort to file a successful appeal. This includes gathering additional evidence and documentation, such as:

• Supplementary medical records and information to support your claim
• A letter from your treating physician that describes your condition and how it directly impacts your everyday life
• Personal statements, which are from you as well as from a coworker. This information should describe your life with a disability and detail the reasons why employment is not a possibility. Family members and/or former coworkers can also submit statements that describe your limitations and how the disability affects your ability to do your job.
• Your appeal letter that details why you are entitled to disability benefits under the terms of the policy. This letter must clearly detail the facts of your case so that anyone who reviews your appeal will clearly understand that you are unable to work full time.

One thing to focus on at this stage is the addition of relevant medical records for your file. If your claim file doesn’t have sufficient medical documentation, now is the time to add what’s missing and make sure it’s there. Add as much as you can, and a little more—because it’s your last opportunity to “stack the deck” in your favor. Should a lawsuit become necessary, you will not be able to add anything else. The lawsuit is based on everything in the claim file through the end of the final appeal.

Filing A Lawsuit

It is possible to sue an insurance company over a denied long-term disability policy. However, ERISA requires that you pursue all administrative avenues, and all other opportunities for resolution are exhausted.

Prior to filing a lawsuit, your disability attorney can request that the insurers provide another appeal. This will give your attorney the opportunity to buy additional time to reverse the decision. However, in the process of reviewing your claim for the second time, the insurer may file a complaint with the Texas Department of Insurance (or another state’s regulatory agency.) The good news is that this will be part of the lawsuit detailing how the insurer worked to deny your claim.

Hopefully, your case will resolve in appeals, and you will begin receiving LTD benefits soon after. But if that’s not a possibility, your disability attorney can then file a lawsuit in federal court. While this is a longer process, a lawsuit may be necessary to get the company to pay your claim.

Call Herren Law for Help With Your Long-Term Disability Appeal

If you’ve been denied long-term disability benefits, don’t try to manage your appeal on your own—get help today. The Herren Law Firm can help you with your initial application, any appeals, and a potential lawsuit. We can make sure you have one less thing to worry about while you take care of yourself. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees. We only collect if we win your case.

Dementia and Social Security Disability Benefits

Most people think of “dementia” as a specific disease, but it’s actually an umbrella term for several types of conditions involving cognitive decline. These include Alzheimer’s Disease, (the most common) Lewy Body Dementia, and Vascular Dementia.

https://www.alz.org/alzheimers-dementia/what-is-dementia/types-of-dementia

These conditions are characterized by changes in normal brain functioning that disrupt cognitive abilities. Any one of these conditions can lead to problems with everyday life and a person’s independence. They can also impact the person’s behavior, relationships, and feelings.

Short term memory problems appear first, leaving someone unable to take care of normal daily tasks such as:

• Paying bills
• Getting dressed in the morning
• cooking their own meals
• Traveling
• Remembering things like doctor’s appointments

At first, these symptoms might be subtle. Eventually, they will become so pronounced that can cause problems for someone who is employed. Impairments in judgment, language skills, and personality will, over time, prevent someone from continuing working.

What Causes Dementia?

Alzheimer’s, stroke, brain hemorrhage, and other head injuries can lead to dementia. While dementia is most likely to strike elderly patients, the onset of dementia symptoms can affect anyone at any age. A neuropsychological evaluation by a physician can determine if a patient does have dementia.

Well, there is no cure for dementia, there are treatments available that can help with symptoms and delay the eventual decline.

Qualifying For Social Security disability

Like any condition, Social Security Requires that a person meet the qualifications for “disability.” This means that dementia has progressed to the point where a person’s functionality has decreased to the point where they are unable to work, either in a previous occupation, or any other occupation.

Social Security lists dementia under their disability listing 12.02 for neurocognitive disorders.

The most common qualification for dementia is if it prevents someone from working for 12 months or longer or will end in death. However. It is also possible to apply for Social Security benefits if the person is under the age of retirement. The difference is that once the person reaches their full retirement age, from 62 to 67, the disability benefits would then be converted to retirement benefits.

Medical evidence is required to show that dementia interferes with a person’s ability to:

• Understand, apply, and/or remember information
• Learn and remember
• Interact with others
• Planning and judgment
• Manager and/or adapt themselves
• Concentrate and maintain a pace.

Other criteria include delusions, hallucinations, disorganized thinking, and or speech, catatonia, and highly disorganized behavior.

To show that someone has the symptoms of this ailment, they will also need sufficient medical evidence and a medically documented history to support the claim of disability from dementia

Compassionate Care

More than 240 conditions, including this one, qualify to fall under Social Security’s “compassionate care” category. Because qualification for disability can take months or years, these conditions are fast-tracked to be approved in a short period of time, sometimes in just weeks.  Just like any other condition, an applicant must have sufficient medical information and documentation to prove disability. Once Social Security receives this information, no additional steps are required to be approved for the benefits period. Because dementia and other conditions are chronic and severely disabling, applicants don’t have to go through a long process to receive benefits.

Houston’s Social Security Disability Insurance Attorney

If you or a loved one are dealing with dementia, it is possible to receive Social Security Disability Insurance (SSDI) once a diagnosis is received and get the required documentation. Working with a disability attorney who understands Social Security’s processes can ensure that your application is done correctly, especially in light of the compassionate care category for dementia.

We’ve helped over 4,000 Houstonians get SSDI and other disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

Can I Qualify For SSDI If I Can’t Work With Lupus?

Lupus offers frequent reminders of its presence, causing pain and wearing down the person carrying it. It can make life difficult, and some days, nearly impossible to continue any regular activity. For the individual who finds themselves unable to work, SSDI may be the next step. But just having lupus may not be enough to qualify for SSDI.

Can I Qualify For SSDI If I Can't Work With Lupus?

What Is Lupus?

Lupus is an autoimmune disorder that is characterized primarily by inflammation, pain, and fatigue. It most commonly affects women and some ethnic groups (including African-Americans), and can be crippling. For many patients, debilitating pain and chronic fatigue can make employment impossible.

Characterized by joint pain, fatigue, a “butterfly rash,” and occasionally, fever, lupus makes its presence known over time. The Lupus Foundation of America estimates that approximately 1.5 Americans live with the condition, and there are about 16,000 newly diagnosed cases every year.

Recognized By SSA

Lupus is listed in the Social Security Administration’s “blue book” under Immune System Disorders. Systemic lupus erythematosus is listed under Section 14.02.

Like any disabling condition, Social Security wants to know one thing: how lupus prevents you from working. Your records must show that you have two of these four conditions:

  • Acute, severe fatigue
  • Involuntary weight loss
  • Malaise
  • Lupus-induced fever

And affect two body systems (cardiovascular, neurological, respiratory, mental, etc.)

The condition must also appear frequently and regularly curtail your daily activities, including social functioning and completing tasks in a timely fashion.

Qualifying For SSDI

A diagnosis of lupus from your doctor is not enough—and only the start. Evidence such as medical notes, treatments, and other documentation must show that not only do you have lupus, but the effects are preventing you from engaging in substantially gainful employment. Furthermore, you must show that the effects will last at least twelve continuous months, or will end in death.

Building your case on solid medical evidence gives you a strong foundation for building your case. Working with your doctor and continuing prescribed therapies show that you are proactive in taking care of your condition. Working with an experienced disability lawyer can make this complex process easier.

However, if you don’t qualify for SSDI because your lupus symptoms do not meet SSA’s conditions, you may still qualify for a medical-vocational allowance. You’ll need to show SSA that your lupus symptoms inhibit your ability to work to the point where you cannot find suitable employment that fits your prior work experience, education, and age.

Houston’s Social Security Attorney

Whether you’re applying for Social Security or Disability through Social Security, the laws are complex and the process difficult to maneuver. With an experienced disability law firm to help, you can get your application completed right the first time, and have a better chance of receiving the benefits you deserve.

We’ve helped over 4,000 Houstonians get SSDI and other disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case

Do Disability Benefits Change If My Medical Condition Changes in Houston?

Applying for disability is a complex, long-term process with a considerable amount of documentation required. You’ll need to not only prove your disability but your work history and earnings that qualify you. Even after you’ve submitted everything requested, you may still find yourself denied benefits, requiring an appeal.

Once you’ve begun receiving benefits, you will still have to support your diagnosis during periodic reviews of your case. But if your condition changes, what’s next?

Do Disability Benefits Change If My Medical Condition Changes in Houston?

How It Works

SSDI is not awarded based on the degree of your disability, but your earnings history.

As a rule, you get awarded disability if you have a medical condition that is expected to prevent you from working for more than a year, or ends in death. Social Security Disability Insurance (SSDI) considers you fully disabled at the time you’re awarded benefits.

Therefore, if your condition worsens, you’re already at your maximum benefit amount, and the amount won’t change.

Regular Reviews

All SSDI recipients have periodic case reviews to determine if they still have a true disability. Depending on the circumstances, reviews can happen from every six months to every seven years. This will largely depend on the seriousness and type of your condition and if any improvement can be anticipated.

SSA will mail you a letter in advance of your upcoming medical review. You’ll be asked for patient and treatment records from doctors, clinics, and hospitals where you’ve received treatment since your last review, or since you were awarded benefits. If you’ve also been working, you’ll need to provide information on that such as dates, payments received, and the type of work you were doing.

The only way you might receive an increase is with a yearly cost-of-living adjustment (COLA) to take into account inflation.

Social Security also regularly conducts audits of accounts. Any previously uncounted earnings may require your monthly benefits to be recalculated. If any disparity is found, you’ll be notified of the recalculations and the increase in your monthly payments.

If Your Condition Improves

This will depend on what condition you are claiming disability with. Some may improve with time, such as certain types of cancers with treatment, while others may not.

Should your condition stay the same, or become worse, you will most likely continue receiving benefits. This is true even if you receive a separate, additional diagnosis for another condition.

However, if your condition significantly improves to the point where you can return to working and earning a living on your own, it’s highly likely that your cash benefits will come to an end.

You can earn some money while on disability. In 2021, that limit is $940 monthly before benefits are reduced. Additionally, you can also participate in a trial work program for up to nine months to see if you are ready to return to work. The nine months do not have to be consecutive.

The Social Security Administration has a booklet available online that explains some of the basics of SSDI.

Your Houston LTD Disability Attorney

Most attorneys aren’t familiar with the intricacies of disability filings, but we are. With over 4,000 successful cases, we focus on helping disabled people receive the benefits they need. We’ve handled multiple situations that are similar to yours. We have the experience to help you through the process for a successful outcome.  The Herren Law Firm can help you with your application, any necessary appeals and help you get the disability benefits you need so you can live your life. Contact us today at 713-682-8194 to schedule your free consultation. There’s no obligation and no up-front fees.  We only collect if we win your case.

Common Disabilities As A Result Of TBI

TBI, or Traumatic Brain Injury, is also called “craniocerebral trauma.” It’s the result of a sharp blow, bump, or other sudden trauma to the head that disturbs the brain’s normal functioning. It can also occur when an object penetrates into the brain, such as a skull fragment or high-velocity object. A Traumatic Brain Injury can range from mild effects to severe, depending on the initial injury.

Common Disabilities As A Result Of  A Traumatic Brain Injury

The CDC reports that there were 2.87 million emergency room visits, hospitalizations, and fatalities related to TBI in 2014. Of those, 837,000 were children.

Falls are the leading cause of TBI, in over half of the cases. The second leading cause is being hit by or against an object. However, veterans can also suffer TBI as a result of their military service, such as exposure to IEDs (“improvised explosive devices.”)

Injuries from a TBI can range from a mild headache and concussion to a persistent vegetative state (coma.) Those who survive a TBI can develop disabilities as a result of the disruption of brain function. The brain injury can affect the way a person thinks, moves, and acts, and cause an individual to suffer a disability.

Post-Concussion Syndrome

Occurring directly after an injury event, nearly 50% of TBI victims experience PCS, lasting anywhere from a few weeks to many months. Generally temporary, it usually means that the patient cannot work or take part in other normal daily activities until symptoms are managed with medication, psychotherapy, and physical therapy. Patients with PCS may exhibit a range of symptoms, including:

  • Anxiety/Depression
  • Agitation
  • Dizziness/Vertigo
  • Headaches
  • Memory problems
  • Difficulty concentrating
  • Sleep Disturbances
  • Apathy and sadness

Communication Disability

With symptoms ranging from mild to severe, TBI patients frequently have issues with communications and language. Some may experience minor symptoms such as failing to understand nonverbal cues like body language. Others may have trouble speaking in complete sentences and recalling specific words, pausing more, and using broken sentences.

More serious symptoms include the inability to understand or create written or spoken words, or speech interruptions such as slurring or speaking nonsensically. The problem is also frustrating for the patient because they can no longer communicate with others. They aren’t aware that what they are saying is gibberish and don’t understand why the other person can’t understand them.

Cognitive Disability

This can occur from one strong injury, or repetitive mild injuries (i.e., boxers, fighters, and football players.) The primary issue is memory loss, remembering new things, and having trouble with remembering past events.

Longer-term symptoms include brain fog, problem-solving, logical and abstract reasoning, making appropriate judgments, and things like organizing a schedule. These can make everyday activities like working impossible. Fortunately, recovery from a cognitive disability is the greatest in the first six months after the injury.

Sensory Problems

Because the brain is the control center of the senses, a TBI disrupts the sensory input. This can include:

  • Vision problems, including double vision, a limited range of vision, or a lack of visual acuity
  • Changes in smell, hearing, taste, and touch, such as:
    • Tinnitus
    • The ability to taste only bitter
    • The ability to only smell foul odors
    • Skin itching or tingling
  • Hand-eye coordination issues, leading to dropping or bumping into objects, or an unsteady gait
  • Heightened or loss of sensation of different body parts
  • Neglect of the left or right side
  • Not understanding the location of limbs are in relation to the body

Although the patient sees, he or she cannot process the input from the eyes. They may not recognize people or objects. These difficulties can make everyday activities like driving a car impossible.

Psychiatric And Emotional Difficulties

Many TBI patients exhibit behavioral and emotional problems. Changes from a TBI can also lead to depression, anxiety, and other changes in moods. Depending on the severity of the TBI, patients can also exhibit:

  • Anxiety
  • Depression
  • Agitation
  • Sadness
  • Apathy
  • Irritability
  • Mood Swings
  • Confusion
  • Frustration
  • Sleep disturbances
  • Aggression
  • Violence/Combativeness
  • Compulsive behavior

While many patients can recover with medication and psychotherapy, some may not. They may eventually become child-like constantly, unable to function normally, leading to permanent disability.

Let Herren Law Help You With Your SSD or VA Disability Application

Whether you are applying for Social Security Disability or through the VA, Herren Law can tell you what you need and how to apply. If your claim is denied, we can also help you with an appeal.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

 

What Happens When An Employee Goes On LTD?

Long-term disability is a form of insurance that offers an employee a portion of his or her income, usually 50% to 75%, during a recovery period from an illness or accident that isn’t work-related. (Worker’s Compensation covers work-related accidents.)

What Happens When An Employee Goes On LTD?

Statistics from The Council For Disability Awareness indicate that:

  • About 1 in 4 individuals currently 30 years of age will become disabled and out of work about a year before they reach retirement age
  • Most disabling incidents leading to long-term disability are not accidents, but cancer, heart disease, pregnancies, back injuries, and the like
  • About 48% of Americans have enough savings for three months of not working due to disability
  • The average duration of an LTD claim is 34.6 months, nearly three years

Two laws also govern disability leave:

Many long-term disability claimants will fall under one or both of these acts.

An Employer’s Perspective

Even when an employee is out, a company still has work that needs to be done. Temporary and/or contract help may be hired to fill in if the employee has an estimated return date. If the employee is out longer than previously determined or asks for an extension, employers may take a person off the payroll entirely.

Depending on the company, an employer may attempt to hold your job open while you are recuperating, depending on the expected length of your convalescence. Others may have a set time frame by which they will list the job as vacant, and attempt to hire someone else to fill the position. Still, other companies may hold an employee’s position for a specific time, such as a year, before they consider the employee to not return.

Can You Be Fired?

You actually can be terminated, laid off, furloughed, or outright fired while on LTD.

Receiving benefits from an LTD policy does not offer any job security, and your employment job can end for any reason. Your job can be eliminated due to downsizing, or you can be terminated for other job-performance reasons unrelated to your disability.

However, employers must tread carefully when doing so, or risk expensive litigation.

An employee cannot be fired if:

  • He or she is able to do the job with requested reasonable accommodations, but the employer has failed to provide them, whether or not the employee is on FMLA
  • He or she is on FMLA leave, whether or not they can still perform the job under the ADA.

After the 12 weeks of FMLA leave ends, an employee can be terminated. Under the ADA, an employee can request reasonable accommodations. If these accommodations don’t cause hardship, the employer is required to provide them, whether it’s a change in work hours, desk adjustments, or other changes that allow an employee to continue in their job in spite of a disability.

What About Benefits?

What happens to your insurance payments if your employment ends? It depends.

If an insurance company is paying your benefits, chances are that won’t change. But if your company is paying your long-term disability, chances are your benefits will end when your employment does.

You must continue medical treatment in order to keep your LTD benefits but may lose your health insurance in the interim. It’s a conundrum, but continued treatment for your condition is vital for a number of reasons.

This is one of the many reasons to carefully review your policy before applying for long-term disability, especially if your policy is company-provided. You’ll need to know exactly what to expect if things change substantially, such as a downsizing or your company going out of business.

Your Houston LTD Disability Attorney

If you’re facing an absence from work due to a long-term disability, but are having trouble, we’re here to help.

We’ve helped over 4,000 Houstonians have received their LTD benefits. The Herren Law Firm can help you with your application, appeals and help you through the process, and give you one less thing to worry about. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees.  We only collect if we win your case.

Getting Benefits For Somatic Symptom Disorder In Houston, TX

When you have a condition that’s obvious, it’s easy to show and discuss your symptoms with your physician or other healthcare providers. But when you have physical symptoms that don’t seem to be caused by anything specific, things can get complicated.

Somatic Symptom Disorder, also called SSD, is one that is considered mental in nature but causes physical symptoms, which can include pain. The symptoms can cause considerable distress that can disrupt a patient’s daily life.

Getting Benefits For Somatic Symptom Disorder In Houston, TX

The Basics Of SSD

An individual who wakes up with a headache one morning, or develops one during the day, may believe they have a serious illness such as encephalitis. The headache may have any number of causes, from caffeine withdrawal to work-related stress, both of which are treatable and manageable. But instead of determining where the headache is coming from, the person focuses solely on the headache and seeks medical care.

When one doctor doesn’t provide a suitable diagnosis, the person visits multiple physicians seeking answers, convinced that the headache is something more serious. Medical tests don’t indicate any particular problem, leading to an obsession with more doctor visits and additional testing. Seeking the correct answer may lead to debilitating anxiety and distress that makes normal functioning difficult, including:

  • Chronic worry over a serious illness
  • Concern over serious medical conditions when testing shows there isn’t
  • Fear of damage or injury with physical activity
  • Believing that your medical exam and treatment were inadequate
  • Frequent doctor visits that don’t supply answers and increases anxieties
  • Having symptoms that aren’t consistent with the normal effects of a particular medical condition

Note that symptoms such as pain are real, even though there is no detectable cause. Some cases may involve issues with nerve impulses that send signals involving pressure, pain, and other sensations to the brain. These symptoms may be difficult to diagnose, and a physician may or may not prescribe medications for the symptoms.

If no underlying cause is detected, a physician may refer a patient to a mental health provider for additional evaluation. Cognitive-behavioral therapy (CBT) and psychiatric medications may be prescribed to address anxiety related to the physical symptoms.

Applying For Disability

When a condition prevents you from working and living normally, you may decide to apply for disability. Because a somatoform disorder isn’t readily visible and not detectable by normal medical testing, positively proving the condition can be much more difficult. However, it’s not impossible.

The Social Security Administration (SSA) does recognize somatoform disorder as a disabling condition in its blue book under Section 12.07, along with a list of requirements.

Working with one physician for treatment instead of visiting many doctors shows that you are actively seeking treatment and not “doctor shopping.” While the search for answers may lead to multiple doctors, developing a strong relationship with a single psychiatrist and/or physician and regular treatment goes a long way in proving your case for disability.

The SSA will also consider what types of jobs you can continue to do, whether your own or another type, with the help of a mental residual functional capacity (MRFC). While the SSA’s examining physicians will create an MRFC report from your records, you should also have one created by the psychiatrist who is currently treating you. The SSA will favor a psychiatrist who specializes in somatoform disorders over any type of physician who doesn’t.

Get Help With Somatic Symptom Disorder Disability From Herren Law

Applying for disability benefits from the SSA brings increasing challenges to prove your case. With the help of an experienced disability attorney, you can make sure you have the evidence you need, your application is properly executed, and stand a better chance at getting the benefits you need.

Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges. You don’t owe a fee until we win your case.

What is VOC Rehab, In Houston?

For anyone in Houston who has a type of disability and wants to work, vocational rehabilitation, or VOC Rehab, maybe an answer.

The VOC Rehab program is administered through the Texas Workforce Commission (TWC) in conjunction with the Rehabilitation Council of Texas. The TWC’s program assists those with disabilities to train for, find, and maintain gainful employment. The program also works with employers and businesses to recruit, keep, and accommodate employees with disabilities.

What is "VOC Rehab” In Houston?

Eligibility

If you have a disability that makes it difficult for you to find and/or keep employment and need services in order to get to the point of employment, TWC’s VOC Rehab program may be able to help you get to that point.

Disabilities such as:

  • Learning, developmental and intellectual
  • Physical disabilities such as:
    • Paralysis
    • Impaired movement
    • Back injuries
    • Spinal and brain injuries
  • Drug or alcohol addiction
  • Hearing impairment
  • Behavioral/mental health conditions
  • Visual impairments including blindness

You can apply for these services at your Texas Workforce Solutions Vocational Rehabilitation Services office, call TWC Vocational Rehabilitation Inquiries at 800-628-5115, or by email at customers@twc.state.tx.us. Include your name, address (including city, state, and zip code) and your phone number in your email.

There are services for both adults and for youth and students and are based on need and eligibility. Youth services include vocational counseling and opportunities for post-secondary education, as well as on-the-job training and internships.

For Veterans: Vocational Rehab & Employment

If you’re a veteran, there are additional services available that can help you if you have a service-connected disability.

The VA has its own VR&E program to offer veterans the assistance they need to find employment and achieve independent living.

If you:

  • Received a discharge that was not dishonorable
  • Have at least a 10% disability rating from the VA, and
  • You apply for VR&E services

Your period of eligibility will end 12 years from the date you separated from active-duty military status, or the date you received notice of your first VA disability rating for a service-connected condition. If your vocational rehabilitation counselor (VRC) finds that you have a serious employment handicap, the period could be extended.

Active-duty military members who are “short-timers” (leaving the military soon) may also be eligible for VR&E if they have a 20% or higher pre-discharge disability rating (a “memorandum rating”), participating in the Integrated Disability Evaluation System (IDES) process, or are awaiting discharge due to a service-connected injury or illness that occurred in the line of duty.

VR&E services can include, as needed:

  • Skillset and abilities evaluation for employment
  • Vocational counseling
  • Job readiness training, including resume preparation and job training
  • On the job training (OJT), including apprenticeships and unpaid work opportunities
  • Post-secondary training at a college, business school, vo-tech or trade school
  • Supportive rehabilitation services as needed (i.e., counseling, medical referrals, case management, etc.)
  • Assistance finding and keeping a job, which may include special employer incentives and job accommodations

You can find out more about these benefits here and submit your application here.

We’re Ready To Help

The Herren Law Firm has helped over 4,000 Houstonians get the veteran’s benefits they deserve, and we’ll be happy to help you get yours. Call us at (713) 682-8194 or (800) 529-7707 or use our online contact form for a free consultation. You can ask questions, and we can discuss your legal options. We offer a contingency fee arrangement, and you won’t owe us anything unless we win your case.

 

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