Can I get 100% VA Disability for Sleep Apnea?

Can I get 100% VA Disability for Sleep Apnea?

Can I get 100% VA Disability for Sleep Apnea?

Sleep is required to function. Sleep Apnea is a condition where someone briefly and repeatedly stops and starts breathing. This can severely disrupt someone’s sleeping patterns affecting their mental, emotional, and physical health.

Service Connection

For the VA to assign a 100% rating for Sleep Apnea, the VA must first determine that the condition is related to service.

  1. Proof of a current diagnosis,
  2. Proof of an in-service event, disease, or injury, and
  3. Proof of a medical nexus between the first 2 elements.

VA Schedule of Rating

After the VA grants service connection, it must determine the correct rating.  To do so, VA consults the Schedule of Ratings.  The ratings should reflect how much that specific disability impairs your ability to work. 

Requirements Specific to Sleep Apnea

The Schedule of Ratings breaks down disabilities into different categories. Each category contains groups of medical problems.  For example, Sleep Apnea is found in the Respiratory System category.  Each group contains a list of disabilities, each with its own diagnostic code.  In turn, each diagnostic code specifies the symptoms required for various ratings.  For example, the 6847 code applies to Sleep Apnea.  See 38 C.F.R. § 4.97

  1. Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or
  2. The condition requires a tracheostomy.

Chronic Respiratory Failure

Chronic respiratory failure usually happens when the airways that carry air to your lungs become narrow and damaged.  In other words, less oxygen gets in and less carbon dioxide goes out.  A tracheostomy is a surgically made hole in the front of your neck where a breathing tube is connected to your windpipe to help you breathe.  Naturally, a veteran with these extreme symptoms deserves a 100% VA rating for Sleep Apnea.

Medical Evidence

Only medical evidence can satisfy these requirements.  It is not enough for the veteran to say “I cannot work because of my sleep apnea.”  Fortunately, the VA provides rating tools such as Disability Benefits Questionnaires (“DBQs”) on their website.  Specifically, VA provides a Sleep Apnea DBQ that focuses on the symptoms described in the Schedule.  Veterans seeking a higher rating for sleep apnea should have their doctors complete the DBQ. The VA will likely grant the rating if the DBQ includes the criteria for a 100% rating for Sleep Apnea.

Disability Benefits Questionnaire

Watch out for Pyramiding

When seeking a 100% rating for Sleep Apnea, one must consider every rule and exception related to VA ratings.  Under the VA rating system, a veteran should be compensated for each service-connected disability.  However, there is one big exception.  VA cannot pay a veteran more than once for the same disability or same manifestation.  For example, Asthma and Sleep Apnea have nearly identical manifestations.  They both involve airway impairment, share symptoms such as daytime fatigue and are under the same category in the Schedule of Ratings.  A veteran who is service connected for both will only receive a rating for one of them.  In that circumstance, the VA must assign the higher of the 2 possible ratings.

How We Can Help

Many variables come into play when trying to get 100% VA disability for Sleep Apnea. The first step is to not give up. Our team of experts are here to support you the entire way through. Whether you are struggling to secure your VA disability or need help with your denied SSD claims, we’re only a phone call away. To learn more about how our team can help you call us today at (800) 800-3332 or contact us here now for a FREE consultation.

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Helpful Resources

What are Social Security Disability Interview Questions?

What are Social Security Disability Interview Questions?

Social Security has two types of benefits for disabled people.  The first is for people who have worked for a certain number of years.  These are disability insurance benefits or SSDI benefits. The second is a needs-based benefit.  It is for people who meet certain financial requirements. These are Supplemental Security Income or SSI benefits. 

Social Security Disability Interview Questions

First, your medical conditions must keep you from working. Second, you must be unable to work for at least twelve months.  To file, you must provide certain information. 

What Happens During the Social Security Disability Interview?

The claims representative asks you a series of questions.  Your interview can take place in person or over the telephone.  It generally lasts for about an hour.

Call Disability Help Group, We Can Complete Your Interview.

Specifically, a claims representative will ask you:

  • Your current name and any past names you have used
  • Your social security number
  • About your education
  • Names and dates of birth of your children under the age of 18 and your spouse
  • Dates of marriages and divorces
  • Bank information for Direct Deposit
  • An alternate contact person in case they can’t reach you
  • Worker’s compensation information, if applicable

In addition, you must provide your work history.  Only the last 15 years are important. 

This work history should include:

  • Last worked Date
  • The name of your previous employers
  • Your job title
  • The dates that you approximately worked for each employer

Your medical information should include:

  • All of your medical conditions
  • Your doctor’s information
  • Emergency Room or Hospitalizations
  • A list of your medications

Naturally, disability applications require a lot of information.  It is best to get this information before your interview.  Social Security may send you a form to fill out before your interview.  This form helps you put the information together.  In any case, it is always best to write this information out clearly. 

Applying For SSI? You May Be Asked Additional Questions

These questions could include:

  • Where you live and who lives with you
  • Your household expenses
  • All sources of income for you and your spouse
  • The amount of your resources

Be Prepared With Documentation

You will also have to provide Social Security with some documents.  These are in addition to the information you have given. 

The documents include:

  • Birth certificate
  • A government-issued picture ID
  • A medical release Form SSA-827 (Authorization to Disclose Information to the Social Security Administration)

Why You Should Be Prepared

The Social Security disability interview process is crucial to your application.  Therefore, providing complete information gives you a better chance of winning your case.  Also, you can avoid problems or delays in your application. Missing information can often lead to being denied. 

Winning SSD Benefits

Getting Help with Your Claim

The process for applying for SSDI or SSI can be overwhelming.  Hiring an experienced SSDI disability advocate can improve your chances of a successful claim. 

An SSDI advocate can:

  • Help you prepare for your interview
  • Understand the Social Security disability process
  • Keep in contact with Social Security to make sure your claim is moving forward

Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.

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Cervical Neck Fusion and Social Security Disability

Cervical Neck Fusion and Social Security Disability

Cervical Neck Fusion and Social Security Disability

Cervical Neck Fusion and Social Security Disability. You may qualify for Social Security disability benefits if you’ve had a cervical neck fusion.  However, you must show that you still can’t work.  Many different problems can cause neck pain and other symptoms.  Typically, degenerative disc disease, whiplash, herniated discs, and arthritis can cause ongoing symptoms. Neck impairments can cause many different symptoms. 

These symptoms may include:

  • Pain
  • Limited movement of the neck or shoulders
  • Headaches
  • Shooting pain down the back or arms
  • Numbness and/or tingling

Getting Disability For Cervical Neck Fusion

You may qualify for Social Security disability benefits for your cervical neck fusion or impairments.  However, you must show that your symptoms are severe.  They must cause problems doing normal activities.  Additionally, they must keep you from working for at least 12 months. 

Social Security provides a listing of impairments, known as the “Blue Book.”  The Blue Book provides specific conditions that you must meet to qualify for disability benefits.  Social Security doesn’t have a specific listing for a cervical neck fusion.  However, they do provide a listing for spinal disorders under 1.04. 

Disorders Of The Spine

Listing 1.04

To meet Social Security’s listing for your neck problems, you must show that the nerve root or spinal cord has been affected. 

Additionally, you must show:

  • Evidence of nerve root compression, limited movement of your spine, and muscle weakness with loss of feeling or reflexes, or
  • Spinal arachnoiditis is a painful disorder caused by inflammation that causes you to have to change positions every two hours

Getting Disability If You Don’t Meet The Listing

Many people will not meet the listing for their cervical neck impairments.  Fortunately, you can still get disability benefits.  Specifically, you need to show that your neck problems limit your functioning and prevent you from working.  Social Security assesses your residual functional capacity (RFC.) 

Particularly, Social Security considers:

  • How long  you can sit, stand, or walk at one time or in an 8-hour workday
  • How much weight you can lift or carry
  • Using your arms and hands for activities such as reaching, pushing, pulling, gripping, or grasping objects
  • If pain, fatigue, other symptoms, or side effects from medications cause limitations with concentration, persistence, or pace

Cervical Neck Fusion And Social Security Disability

Here’s an example of cervical neck fusion and SSD:

Anne injured her neck in a car accident.  She required a cervical spinal fusion surgery.  Despite surgery, she continued to have severe pain and difficulty moving her neck.  She also still had problems using her hands due to numbness and tingling.  Social Security determined that she could not lift or carry more than ten pounds but could sit for six hours.  Additionally, Social Security found that she had serious problems using her hands throughout the day.  Therefore, she was unable to do even simple seated jobs.  As a result, Anne was approved for disability benefits. 

Social Security Grid Rules

Social Security uses a chart called the Medical-Vocational Guidelines to evaluate your disability claim.  These guidelines are known as the “grid rules”.  The grid rules make it easier for older people to win their case.  Social Security understands that it may be harder for older people to do new or different work.  They will look at the grid rules if your impairments do not meet the conditions under the Social Security medical listings.

Cervical Neck Fusion And The Grid Rules

Here is an example of the grid rules for Cervical Neck Fusion:

Brad, a 57-year-old man previously worked as a janitor.  He filed for disability because he developed degenerative disc disease in his neck.  He had cervical spine surgery.  Unfortunately, he continued to have pain in his neck.  His doctor told him he couldn’t lift more than 10 pounds.  Social Security found he couldn’t perform the duties required to be a janitor.  Under the grid rules, Social Security approved Brad’s claim. 

Medical Evidence Needed For Cervical Neck Fusion And Neck Impairments

You must provide medical evidence to document any problems related to your neck problems.  Generally, medical evidence includes your doctor’s treatment notes, test results, and imaging.   Most importantly, you should have MRI evidence of your cervical spine. 

Also, your doctor should document:

  • Any pain with movement of your bones or joints
  • Problems moving your neck
  • Problems using your hands
  • Difficulty traveling to places without assistance
  • Difficulty performing activities of daily living such as shopping, cooking, cleaning, using public transportation, bathing, or getting dressed

RFC Forms

An RFC form can clearly explain how your conditions impact your functioning.  Having your doctor complete an RFC form can be very helpful.  After all, they should know more about your health than anyone else.  An RFC form should be very detailed.  It should indicate all your medical symptoms and conditions.  It should also include all of your treatment and any side effects from medications.  An experienced disability advocate can provide these forms to you. 

Disability Help Group Can Help You

Make sure you start your claim the right way and apply for all the benefits you deserve. If you have already applied for SSI or SSDI, call immediately to make sure your case is still pending and was filed correctly. You may be entitled to significant compensation.  Contact us now for a free consultation.

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Can’t Work Due to Anxiety and Depression

Can’t Work Due to Anxiety and Depression

Can’t work due to anxiety and depression? Many people experience symptoms of anxiety and depression.  Anxiety is a feeling of worry, nervousness, or unease.  Depression is a mood disorder that causes a persistent feeling of sadness and loss of interest. 

Social Security Disability Benefits for Anxiety and Depression

You may qualify for SSDI disability benefits for depression or anxiety disorders.  However, you must show that your symptoms interfere with your ability to work.  You must also show that you can’t work due to anxiety and depression.

Depressive Disorders

Depression is a very common medical condition listed on Social Security disability applications. 

Depressive disorders can cause:

  • Fatigue,
  • Decreased energy levels,
  • Decreased motivation and loss of interest. 

Depression and Social Security’s Listings of Medical Impairments

Social Security has a listing of impairments, known as the “Blue Book.” Under the Blue Book, you may qualify for disability benefits if you meet specific conditions.   Social Security evaluates depressive disorders under listing 12.04.  Additionally, the listings include a list of symptoms.  It also includes a list of functional problems.  You must show that your symptoms meet these conditions to qualify for disability benefits for depression.  First, you must show at least five symptoms of depression to prove that you can’t work due to anxiety and depression.

Symptoms of Depression

  • Depressed mood, loss of interest, appetite, or sleep disturbances
  • Observable psychomotor agitation or retardation or decreased energy
  • Feelings of guilt or worthlessness
  • Difficulty concentrating or thinking
  • Thoughts of death or suicide

Second, in addition to having at least three of the above symptoms, you must also prove that your symptoms cause a significant problem in your functioning.  Generally, you must have an extreme limitation in at least one area or a marked limitation in at least two areas.  These areas of functioning include:

Depression:  Four areas of functioning

Second, you must also prove that your symptoms cause a severe problem in your functioning.  Generally, you must have an extreme limitation in at least one area.  Alternatively, you can have a marked limitation in at least two areas. 

These areas of functioning include:

  • Understanding, remembering, or applying information (understanding instructions, learning new tasks, applying new knowledge to tasks, and using judgment in decisions)
  • Interacting with others (the ability to use socially appropriate behaviors)
  • Concentrating, persisting, or maintaining pace in performing tasks (staying focused and completing tasks)
  • Adapting or managing oneself (the ability to perform daily activities such as paying bills, cooking, shopping, dressing, and keeping good hygiene) 

Social Security Definitions of Marked and Extreme

“Marked” means having a serious limitation in that area of functioning.  “Extreme” means not being able to function in that area at all.  A Social Security psychiatrist or psychologist looks at your medical records to determine if your depressive disorder causes marked or extreme limitations. 

Depression and the “C” criteria

Alternatively, you may also meet the listing another way.  

Under the 12.04C, you can show your depressive disorder has been:

  • Serious and ongoing for at least two years, and
  • You need a very structured environment, such as an intensive outpatient or partial hospitalization program, or
  • You cannot handle changes in your routine or environment

Anxiety Disorders

Anxiety disorders have many symptoms.  They include overwhelming feelings of panic and fear.  Additionally, symptoms include constant worry, irritability, insomnia, tiredness, difficulty focusing and constantly looking for threats.  Anxiety symptoms can also cause physical symptoms.  As a result, your anxiety may cause rapid heart rate, sweating, shaking, nausea, muscle tension, or difficulty breathing. 

Anxiety and Social Security’s listings Of Medical Impairments

Social Security looks at anxiety disorders under listing 12.06.  In order to qualify for disability benefits, you must have medical documentation that shows three or more anxiety symptoms.

Anxiety symptoms

  • Restlessness, easily fatigued, or difficulty concentrating
  • Irritability, muscle tension, or problems sleeping

Anxiety:  Four Areas Of Functioning

Additionally, you must also prove that your symptoms cause a severe problem in your functioning.  They are the same areas of functioning that are evaluated for depression and include:

  • Understanding, remembering, or applying information (understanding instructions, learning new tasks, applying new knowledge to tasks, and using judgment in decisions)
  • Interacting with others (the ability to use socially appropriate behaviors)
  • Concentrating, persisting, or maintaining pace in performing tasks (staying focused and completing tasks)
  • Adapting or managing oneself (the ability to perform daily activities such as paying bills, cooking, shopping, dressing, and keeping good hygiene)

Anxiety and The “C” Criteria

On the other hand, you may also meet the criteria under the listing if your anxiety disorder has been:

  • Required to keep a highly structured setting to reduce your symptoms, such as an intensive outpatient or partial hospitalization program, or
  • Have minimal capacity to adapt to demands that are not already part of your daily life or changes to your environment

What if My Anxiety or Depression Does Not Meet a Listing?

Your depression or anxiety symptoms may not meet an SSD listing.  Fortunately, you may still qualify for Social Security disability benefits.  In this case, Social Security will consider your residual functional capacity (RFC).  Your RFC is what you can do even with your medical impairments.  Particularly, Social Security looks at how your depression or anxiety symptoms impact your ability to work. 

Specifically, they consider your ability to:

  • Carry out simple instructions
  • Make simple work-related decisions
  • Respond appropriately to supervision and co-workers and
  • Handle changes in a routine
  • Show up to work consistently, arrive on time, or leave early

What You Need For Your SSD Claim If You Can’t Work Due To Depression and Anxiety

It can be difficult to win disability benefits for depression or anxiety alone.  However, the right documentation can support your claim.  Therefore, it is important that you see your doctor regularly.  Tell them about all of the symptoms you have on a daily basis.  Also, your disability advocate can explain the evidence you will need to prove you can’t work due to anxiety and depression.

Getting the Right Treatment for Depression and Anxiety

Social Security also looks at what kind of doctor is treating your anxiety and depression.  As a rule, it is best to receive treatment from a mental health professional.  Typically, these include a psychiatrist or psychologist.  You may need to see a specialist to help prove that you can’t work due to anxiety and depression.

RFC Forms If You Can’t Work Due to Anxiety and Depression

If you can’t Work Due to Anxiety and Depression your doctor may also complete a residual functional capacity (RFC) form.  An RFC form helps explain how your symptoms are impacting your functioning.  Even if you think your medical evidence is strong, an RFC can help clearly explain how severe your symptoms are.  Furthermore, it also helps to have your doctor’s opinion in the record.  Your disability advocate can provide you with these forms.  

Depression, Anxiety, and Physical Impairments

Social Security follows specific rules when making a decision.  They look at your age, education, and work background.  These medical-vocational guidelines are even more favorable when you have a physical condition in addition to depression or anxiety.  These are also known as the Grid Rules.  The rules make it easier to get your disability benefits the older you are. 

Example 1: Applying the Grid Rules If You Can’t Work Due to Anxiety and Depression

51 years old and worked as a cashier.  You have filed for disability due to osteoarthritis of your knees and anxiety.  Your osteoarthritis prevents you from standing for long periods.  Your anxiety symptoms make it hard for you to concentrate and be around crowds of people.  If Social Security found that you could do a seated job that only required simple, routine tasks, you would qualify for benefits under the grid rules. 

Example 2: Applying the Grid Rules if You Can’t Work Due to Anxiety and Depression

58 years old and worked previously as a medical receptionist for many years.  You have filed for disability due to bulging discs in your back, depression, and anxiety.  Your bulging discs would prevent you from performing physically demanding work and your depression and anxiety symptoms prevent you from doing the complex tasks of your previous job.  In this case, the grid rules would allow Social Security to award you disability benefits even if you could do other work. 

If you can’t Work Due to Anxiety and Depression or any other disability call Disability Help Group now to start your claim or appeal your denial. Feel free to call us at (800) 800-3332 or contact us here for a free consultation.

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What is the SSDI Payment Schedule?

What is the SSDI Payment Schedule?

The date that your disability check comes in can depend on the type of benefit you receive and your birthday.   Social Security offers two types of disability benefits.  Social Security Disability Insurance benefits (SSDI) are benefits available to individuals who have worked for a certain number of years.  Supplemental Security Income (SSI) is a needs-based program.  Therefore, your income, assets, and resources determine your SSI eligibility. 

SSDI Disability Payment Schedule

If you started receiving SSDI benefits after 1997, your birthday will determine the date you receive your payment.  There are three schedules Social Security sends your SSDI check or direct deposit if your birthday is on the:

  • 1st-10th of a month, SSDI checks or direct deposit will arrive on the second Wednesday of every month.
  • 11th-20th of a month, SSDI checks or direct deposit will arrive on the third Wednesday of every month.
  • 21st-31st of a month, SSDI checks or direct deposit will arrive on the fourth Wednesday of every month. 

If you received benefits before 1997, your SSDI payment date will be on the third day of the month.  It does not matter what day your birthday falls on.  However, if the third is on a Saturday, Sunday, or legal holiday, your benefits will be paid on the banking day before.

SSDI and SSI Combined Payments Schedule

If you receive SSDI and SSI payments together, your payment schedule will be on the third day of the month.

Claimants typically have to wait one to two months after approval before seeing their first Social Security disability payment.  In some cases, it can take even longer to receive your back payments.  Back payments can be delayed depending on the amount of benefits you are entitled to receive or if you received worker’s compensation benefits.  

You should contact Social Security if you have not received your benefits within 90 days of approval.  Your representative can help you with any problem

How to Receive Your SSDI and SSI Payments

Social Security offers several ways to send your SSDI or SSI payments. 

For example,

  • Direct Deposit, is probably the safest way to receive your payments since they cannot be lost or stolen if deposited directly into your bank account. 
  • The Direct Express Card program credits money directly to a swipe-able card.
  • Electronic Transfer Account. 
  • SSDI recipients can still receive their payments by mail.  It is better to receive payments through one of Social Security’s preferred methods to avoid the possibility of lost or stolen checks. Social Security asks that you not contact them about lost checks until the fourth day after the first of the month.

Tax on Social Security Benefits

You may have to pay taxes on your Social Security benefit, depending on your income level.  Typically, disability benefits are not usually counted as taxable income, click here and continue learning with the help of experts about deductible taxes. Social Security offers voluntary tax withholding from your benefit.  You can choose this option by completing Form W-4V.  There are specific percentages to choose from.  You can obtain the form from Social Security, request it from the IRS, or ask your representative for a copy. 

Generally, you would receive a refund when filing taxes the following year if you opted to voluntarily have taxes withheld and you overpaid.

Disability Help Group, Call Now for a Free Case Review, (800) 800-3332

Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us here to receive a FREE consultation.