Thursday, July 18, 2024
Thursday, July 18, 2024
HomeReaders ChoiceWhat Benefits Am I Entitled To If I Have Parkinson's

What Benefits Am I Entitled To If I Have Parkinson’s

Once You Identify The Source Of Your Rights Answer These Questions:

Myths and Misconceptions About Parkinson Disease Treatment
  • What are your rights from those sources?
  • When do they become rights or when are they secured?
  • How do you exercise such rights? Are there reporting obligations to avoid jeopardizing those rights?
  • How do they fit together? Might your statements or claims under one arrangement adversely affect your rights under another?
  • How can you maximize the bundle of rights that can be brought to bear to help ease the difficulty of managing your diagnosis of Parkinsons?
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    What Is Parkinsons Disease

    Parkinsons disease is a chronic and progressive movement disorder, and is the most common neurodegenerative movement disorder of aging. Parkinsons affects the nerve cells in the substantia nigra area of the brain that produce dopamine. Dopamine is a chemical that sends messages to the part of the brain that controls movement and coordination. As Parkinsons progresses, the amount of dopamine produced in the brain decreases, leaving a person unable to control movement normally.

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    Eligibility Criteria For Disability Tax Credit For Parkinsons Disease

    To be eligible for this tax credit, a person must be impaired for over the period of one full year. They can also be eligible if they have difficulty in one of the following daily life activities, such as walking. For a walking impairment, the patient must be unable to walk 100m or it must take them an inordinate amount of time to do so due to shortness of breath.

    The Disabling Symptoms Of Parkinsons Disease

    Pin en Parkinson

    PD is generally caused by a deficiency of dopamine, a neurotransmitter in the brain. The lack of dopamine disrupts a persons movement and coordination.

    The main motor symptoms include:

    • tremor in the hands, arms, legs, jaw, or head
    • muscle rigidity of the limbs and trunk
    • impaired coordination and balance, including posture, gait, and mobility.

    Other symptomswhich on their own, severely damage ones quality of lifeinclude pain, confusion, fatigue, sleep disturbances, depression, anxiety, urinary problems, difficulty swallowing, speech problems, and cognitive changes. Advanced PD can result in severe dementia.

    There is no single test that concludes a person has Parkinsons disease. Diagnosis is based on an ongoing medical history, the patients symptoms, neurological and physical exams, and medical tests and scans targeting Parkinsonian Syndrome.

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    Also Check: How To Test For Early Onset Parkinson’s

    Facts About Parkinsons Disease

    Parkinsons disease is considered by most to be a disease affecting mostly seniors, with onset averaging at around age 60. However, nearly 10 percent of the diagnoses of Parkinsons occur in people under the age of 40, and 20 percent are under age 50. While many of the symptoms will be the same, regardless of the age of onset, there are some differences with younger sufferers:

    • Dementia and Balance ProblemsThese are less likely among those with an earlier onset.
    • MedicationsThose with earlier onset are typically are more sensitive to the medication benefits used to treat Parkinsons.
    • Physical ComplaintsCramping or abnormal posture is more prevalent.
    • Work LifeOn average, those with earlier onset are able to function at work longer than those who acquire the disease later in life.

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    Free Case Evaluation For People With Parkinsons Disease

    All too often, claimants are denied Social Security benefits based on missing, inaccurate, or incomplete paperwork. As a result, the applicant must then begin on the arduous disability appeal process. Unfortunately, the this process is long and slow, resulting in excruciating delays.

    A Social Security Disability lawyer can make sure you have the documents you need the first time, saving you the hassle and the delay of a lengthy disability appeal process.

    To speak with a qualified Social Security Attorney about your chances of getting Social Security benefits, request a free disability evaluation today.

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    Americans With Disabilities Act

    The Americans with Disabilities Act protects against unlawful discrimination based on disability in nearly all aspects of American life.

    Having or being diagnosed with an illness does not automatically entitle someone to those protections, and for those eligible for protections, the scope of their rights may be limited.

    The ADA is the cornerstone civil rights law, providing equal opportunity for people with disabilities in the U.S.

    The ADA offers protections in the following key areas :

  • Employment, in companies with 15 or more employees
  • Public services programs, services and activities of state and local government
  • Public accommodations and services operated by private entities, such as your lawyers or doctors office, movie theaters, restaurants and more
  • Below is a brief synopsis of many of the key protections that will be afforded to a person who satisfies the ADAs definition of disability, along with a few limitations of those rights:

    Qualifying When You Dont Meet The Listing

    Speech Therapy and Parkinson’s Disease

    Its very common for someone with Parkinsons to be unable to work but at the same time not meet the rigid criteria that are listed in the Blue Book that are required in order to be eligible for disability benefits.

    If this happens to you there is still a way that you can be eligible for disability benefits. You can ask for a Residual Functional Capacity evaluation.

    A Residual Functional Capacity exam is something that the Social Security Administration does to determine whether or not theres any work that you can do.

    If the RFC finds that you cant do the kinds of things needed for a job like sit for eight hours or stand for hours then you will probably be approved for disability benefits.

    The first step is download and have your doctor complete the Residual Functional Capacity evaluation form. The RFC form is available online.

    You can download a copy and give it to your doctor, who will need to fill it out for you. The form is quite detailed and designed to help the SSA figure out what, if any, work you can still do.

    The SSA will look at your age, your past jobs, and your education as well as your current medical status to determine if theres any type of work that you can do.

    If you are over 50 and have a progressive condition like Parkinsons it shouldnt be difficult for you to quality for disability benefits after having an RFC done.

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    Do You Qualify For Disability Based On A Reduced Rfc

    If your Parkinson’s symptoms don’t meet the guidelines in the above listing, you could still potentially qualify for benefits under Social Security’s “medical-vocational” rules. To qualify for disability benefits under the medical-vocational rules, you must show that your condition is severe enough to significantly limit your ability to perform basic work-related activities.

    A doctor working for the Social Security Administration will review your medical records, including:

    • your reports of your symptoms
    • the opinions of your doctor
    • the findings from any consultative exams , and
    • any other evidence in your claim file.

    The doctor will create a physical residual functional capacity for you. Your RFC is a classification of the kind of work that Social Security feels you can perform given your medical condition and limitations

    If your Parkinson’s disease has also caused mental or cognitive issues, you’ll receive a mental RFC as well. And in determining your RFC, the SSA will consider any other physical or mental conditions you have that limit your ability to work, whether related to your PD or not.

    A claims examiner who works for Social Security will then determine if you can return to your past work with your RFC. If not, the examiner, perhaps with the help of a vocational analyst, will decide if there are any other jobs that you would be able to do. If the examiner finds that there are still jobs that you could do, you won’t qualify for disability.

    Ssdi And Parkinsons Disease

    The SSA may not award SSDI benefits based on your Parkinsons disease diagnosis alone. In fact, many are able to work for a long time after receiving a diagnosis. Thus, if you are filing a claim, it is important that you provide medical evidence that your Parkinsons disease symptoms are of a level of severity that prevent you from working. Even if you are still working and not ready to make a claim, be sure that your doctors are documenting your symptoms in your medical records. If your symptoms progress to the point of disability, having the symptom progression documented in the medical records can help you prove your claim and explain what changed over time to render you disabled.

    The SSA publishes the Blue Book online, which explains the SSAs disability determination process and the listing of impairments that it will consider when making a disability determination. The SSAs listing for Parkinsons disease is found in the Blue Book at 11.06 Parkinsonian syndrome. To meet listing 11.06, despite adherence to prescribed treatment for at least three consecutive months , you must have:

    A. Disorganization of motor function in two extremities , resulting in an extreme limitation in the ability to stand up from a seated position, balance while standing or walking, or use the upper extremities.

    B. Marked limitation in physical functioning , and in one of the following:

  • Understanding, remembering, or applying information ) or
  • Interacting with others ) or
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    For People Who Are Not Eligible Because They Do Not Get The Enhanced Rate Is There A Demand For Opening Up Access To The Motability Scheme

    21. Yes, in particular people over 65 who are receiving Attendance Allowance. They currently cant access the Motability scheme but many might want to opt-in using their own money to pay for a car, as the scheme offers vehicle adaptations, is reliable and convenient.

    22. Also, some people getting the standard rate of PIP mobility still may have significant problems with moving around and might want to access to the scheme. Perhaps Motability could scope whether having a wider range of price points with smaller cars available at a lower cost would be attractive for this client base.

    Also Check: Parkinsons Age Of Onset

    What Can We Do For You

    I Have Parkinson

    Well work with you and your physician to help challenge the insurance companys denial or discontinuance of your long-term disability benefits.

    Where necessary, we will engage other trusted professionals to support your case including specialists, functional capacity evaluators, and vocational evaluators to help credibly explain why your disability symptoms are preventing you from doing your own occupation or any occupation.

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    Learn About The Childrens Health Insurance Program

    If your income is too high for Medicaid, your child may still qualify for the Childrens Health Insurance Program . It covers medical and dental care for uninsured children and teens up to age 19.

    Is my child eligible for CHIP?

    CHIP qualifications are different in every state. In most cases, they depend on income.

    How do I apply for CHIP benefits?

    You have two ways to apply for CHIP:

    What else do I need to know about CHIP?

    • You can apply for and enroll in Medicaid or CHIP anytime during the year.

    Hire A Dedicated Disability Benefits Lawyer

    When you can no longer work due to the effects of Parkinsons Disease, it can be hard to know how you are going to support yourself. If you find yourself in this circumstance, then a perfect solution is to apply for disability benefits with the assistance ofThe Law Offices of Dr. Bill LaTour.

    Weve been helping disabled individuals in the Greater Los Angeles area, the Inland Empire, and Orange County get the disability benefits they need for years. Call Dr. Bill LaTour and his team today at or fill out our online form to schedule a free consultation.

    Recommended Reading: What Part Of The Body Does Parkinson’s Affect

    Living With Parkinson’s Disease

    Parkinson’s disease is a degenerative disease, which means that the symptoms get worse with time. The most common early symptoms include body rigidity or stiffness and shakiness when the hands are at rest. Other early symptoms include fatigue, balance problems, slurred speech, reduced sense of smell, gastrointestinal problems, slowed movement, personality change, and lack of emotional expression. As the disease progresses, the symptoms get worse. Tremors and stiffness can affect the ability to move independently. Dementia may occur in the later stages of the disease.

    There is no cure for Parkinson’s disease, but medications can help to control symptoms.

    Types Of Advance Directives

    Dancing Through Parkinson√Ęs

    Durable power of attorney for healthcare matters or a medical power or healthcare proxy authorizes your designated attorney-in-fact, or agent, to make healthcare and life-extending or life-ending treatment decisions for you in the event that you are unable.

    The document also states the directives you want that agent to follow regarding your healthcare.Given the progressive nature of PD, a guardianship designation should be included in the healthcare proxy . Some state laws expressly permit this. But, at minimum, such a designation provides clear evidence of who the client would want to serve in such capacity if a later court proceeding were necessary to confirm a guardian. If a revocable living trust, durable power and health proxy are all completed, it may lessen the need for you to ever have to address the issue of a guardianship.

    Tip: If you or your loved one have any religious beliefs that might affect medical decision making, be certain to address them in your documents.

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    How Do You Qualify For Personal Independence Payment If You Have Parkinsons

    To qualify for PIP, the claimant must be:

    • living in England, Scotland or Wales
    • have a long-term disability, physical or mental condition
    • find it difficult to perform everyday tasks
    • expect these difficulties for at least one year

    In addition to the basic eligibility criteria for PIP, claimants will have to go through an assessment session arranged by the DWP. during this session, a healthcare official will ask them different questions regarding the impact of Parkinsons on their daily life.

    You should discuss the following areas with the healthcare professional during your assessment:

    • You should tell them about any pain, weakness or lethargy that you experience while carrying out everyday tasks.
    • You should also mention how long it takes you to do things due to your condition. You can also tell them that since you feel being slowed down by Parkinsons there are times you would avoid performing certain tasks.
    • If anyone experiences a variation in their ability to perform tasks, they should not overestimate their abilities and remember that there are bad days as well as good days. Therefore, you must give the healthcare professional a complete snapshot of your overall condition and not a day in particular.

    Once the consultation is over, the healthcare professional will draft a report and send it to a Department for Work and Pensions case manager who will then process it for approval or refusal for PIP.

    Planning Ahead: Estate Planning

    Estate planning is the process of memorializing your wishes for how you want your estate handled in the event of incapacity and upon your passing. Proper estate planning can protect you and those you care for such as a spouse, partner, children or others as Parkinson’s progresses.

    A well-drafted estate plan includes the following documents:

    • Durable Power of Attorney for Healthcare, Healthcare Proxy, or Medical Power of Attorney
    • Durable Financial Power of Attorney
    • Will/Revocable Trust

    Incapacity planning is important for everyone, not just those living with Parkinsons. Anyone over the age of 18 should have a Healthcare Directive and a Financial Power of Attorney. The Healthcare Directive allows you to designate someone to make healthcare decisions for you in the event you are unable to make decisions for yourself. A Financial Power of Attorney allows you to designate someone to make financial decisions for you in the event you are unable. Parkinsons progression is different for every person.

    It is extremely important to have documents in place as soon as possible after a diagnosis. Your family and caregivers will thank you for providing clear direction on how to best help you in the event of incapacity.

    Also Check: Can Parkinson’s Disease Be Prevented

    A Long Term Disability Attorney Can Help

    If you are suffering from Parkinsons and need to file a long term disability insurance claim, a specialized attorney can help. A long term disability attorney can advise you on leaving work protected, gather your medical records and evidence, and prepare the strongest claim possible to ensure your best chance of getting the long term disability insurance benefits you need.

    Riemer Hess has been helping disabled professionals and executives successfully receive their benefits for over 25 years. Our disability lawyers will tackle your unique case with our proven strategy. We know how to bypass an insurance companys roadblocks and protect your financial future. Call us today at 297-0700, or click the button below to schedule a free consultation.


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