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Is Diabetes A Disability What The Law Says
Living with any type of diabetes is challenging every single day. For some, the challenges or complications of having diabetes can become a tremendous obstacle to working and earning a consistent and livable income.
As a result, some people with diabetes may be faced with the decision of applying for disability benefits.
In this article, well look at why and how diabetes might qualify for disability benefits, what those benefits are, what the application process is like, and what to do if youre denied after applying.
This article is based on United States laws and regulations. Please contact your local diabetes association for information if you live outside the US.
That being said, for those with diabetes who have experienced significant complications related to diabetes, qualifying for disability benefits may be possible. Just keep in mind that it is a process, theres a lot of paperwork, and it doesnt happen overnight.
Service Connection In The Va Diabetes Claim
For Veterans who are trying to establish service connection for Diabetes, there are at many ways to skin the proverbial cat. Here are 4:
1) Get a copy of your C-File: I cant stress this enough. Without a copy of your C-File, you are battling the VA with blindfolds on.
2) Locate all references to the early symptomatology of diabetes in the military service and military medical records
3) Get copies of all of your private and post-service medical records.
4) Build a chain showing that the symptomatology of diabetes that first appeared in service continued from discharge until the actual diagnosis of diabetes.
To show that diabetes is secondary to another condition there must be some other injury which is already service connected, or which can be service-connected, and which is the cause of the Veterans diabetes.
I have seen many try to attempt this proof, and very few are successful.
#3:Service Connection by Legal Presumption.
If Diabetes is diagnosed in service, or if the symptoms of Diabetes present to a compensable degree within one year of discharge, the Veterans Diabetes will be presumed to be service-connected.
#4: Agent Orange Exposure.
On November 9, 2000, the VA announced that Vietnam veterans with Type-II diabetes would now be eligible for disability compensation.
So, for Veterans that set foot on soil in Vietnam, exposure to Agent Orange is presumed, and diabetes is then presumed connected to the Agent Orange exposure.
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Can You Get Disability For Diabetes In Arkansas
We Fight for Injured Victims in Arkansas Every Single Day
Diabetes is a medical condition where your body is unable to produce enough insulin to control your blood sugar level. There are two forms of diabetes: type 1 and type 2. Type 1 diabetes occurs when your immune system attacks your pancreatic cells, making it impossible to produce insulin. Type 2 diabetes is related to obesity and an unhealthy diet. Either type is a serious condition that will require continued medication and limit the ability to engage in ordinary activities if not controlled. Many people in Arkansas ask if they are eligible for disability benefits if they have diabetes.
You can get disability benefits in Arkansas for either type of diabetes. If untreated or severe, diabetes could result in complications such as loss of eyesight or the amputation of an extremity. An individual who suffers from these conditions, or other debilitating consequences of their diabetes, could qualify for Social Security benefits. However, if your diabetes is controlled and managed, you might not be eligible for benefits unless you have another medical condition that limits your ability to work.
Disability Tax Credit Guide For Diabetes
Over the last few decades, diabetes has been on the rise in Canada and is now one of the most common chronic diseases in the country, affecting close to 2.5 million Canadians.
With the numbers of those who have diabetes growing, many Canadians face hefty bills attached to the disease, costing thousands of dollars each year, which they must pay out of pocket.
If you are reading this article, you or a family member may have diabetes and you are probably looking for information about the Disability Tax Credit and how it can help Canadians suffering from diabetes.
We wrote this article to help diabetic Canadians better understand the Disability Tax Credit, whether theyre a Type 1 or Type 2 diabetic so that they can use the DTC and apply for it with confidence.
Among breaking down what the DTC is, if youre eligible, and more, we will also be explaining the following:
- Does diabetes qualify for the Disability Tax Credit?
- How much money can you receive if found eligible for Disability Tax Credit?
- Am I automatically eligible for the Disability Tax Credit if I use an insulin pump?
- The difference between type 1 and type 2 when applying for the Disability Tax Credit
- Is life-sustaining therapy a marker for the Disability Tax Credit?
- Common reasons those with diabetes are denied for the Disability Tax Credit
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The Risks Of Hypertension
Every heartbeat pumps blood through your bodys arteries. Blood pressure measures the amount of force exerted on artery walls throughout your circulatory system. So when your blood pressure rises to higher-than-normal levels, your heart works much harder to circulate blood through your body. Ideal blood pressure numbers stay consistently below 120/80 . If your blood pressure usually ranges anywhere from 120/80 to 129/89, you may have whats known as prehypertension. Below are the American Heart Associations current number ranges for diagnosing hypertension:
- 130/80-130/89: High blood pressure, stage 1. If this describes you, ask your doctor to conduct a 10-year heart disease and stroke assessment. With a risk of 10% or less, you can likely control your BP with medication and lifestyle changes. Schedule a follow-up visit to reassess your status in 3-6 months.
- 140/90 or higher: High blood pressure, stage 2. Your doctor will likely recommend lifestyle changes, prescribe two or more blood pressure medications and monthly follow-ups. Once your BPs under control, your doctor may potentially decrease your medications. Losing weight, eating less salt, drinking less alcohol, regular exercise and not smoking can help improve your blood pressure.
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Ssdi And Type I Or Ii Diabetes
There are quite a large number of people who apply for disability benefits due to complications that arise as a result of diabetes. If the diabetes is too severe, it could cause organ damage or medical conditions that limit physical ability. People with diabetes are already classified as people with a disability regardless of the type they suffer from.
Individuals who have uncontrolled cases of diabetes and have spent a period of at least 12 months without working due to the condition are eligible for social security benefits. To qualify for the benefits, it must be established that the level of disease damage is such that the applicant has been rendered incapable of engaging in meaningful work. Sometimes the effects of diabetes become worse because an individual deliberately ignores their doctors advice. In such cases, the applicant is not eligible for disability benefit and if they file an application, it would be rejected.
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How To Apply To The Disability Tax Credit For My Child With Diabetes
As with adults, applying for a child for the Disability Tax Credit for diabetes comes down to the amount of time it takes to maintain the disease and its overall effect on the childs ADLs.
However, if you are applying for the DTC for a child with diabetes, the time you and the child spent doing and supervising activities related to tending to their diabetes will both count towards the 14 plus hours a week required to make them eligible due to life-sustaining therapy.
Activities counted as supervising a child with Type 1 diabetes that can be as the 14 hours per week requirement include:
- Waking the child at night to test their blood glucose level
- Checking the child to decide if more blood glucose testing is needed
- Any other supervisory activities be considered necessary to adjust the dosage of insulin
An eligible child may receive one or both of the following refunds:
- Federal Tax Refund If the impaired childs parent or caregiver has paid into Federal income taxes, they will receive the same amount an adult claimant would.
- Child Disability Benefits If the parent or caregiver has not paid into Federal income tax, they will only receive the Child Disability Benefits.
To learn more about the Child Disability Tax Credit, check out our in-depth guide.
The Legal Team At Chisholm Chisholm & Kilpatrick Wants To Help You Get The Va Disability Benefits You Deserve For Your Type 2 Diabetes
Proving your diabetes mellitus type 2 was a direct result of your military service can be difficult. The smallest mistake can lead to a denial. We can help you appeal the VAâs decision and get you the benefits you need. We will take the burden off your shoulders. As a client of CCK, we can obtain your medical and service records and any other evidence we might need to prove service connection.
The veterans advocates at Chisholm Chisholm & Kilpatrick LTD have dedicated over 25 years to helping veterans get the disability benefits they deserve after serving their country. Our experience handling all types of disability claims has given us the knowledge necessary to build a strong appeal for your benefits.
Ready to get started? Call now for a free consultation: .
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What Is Diabetes And Does It Qualify For The Disability Tax Credit
Diabetes prevents the body from either not producing or correctly using insulin. Insulin is a hormone that controls the amount of glucose in the blood. Diabetes leads to high blood sugar levels, which can damage organs, blood vessels and nerves. The body needs insulin to use sugar as an energy source.
There are two types of diabetes:
What Determines Your Hypertension Va Rating
The claim examiner reviews your medical history and physicians opinion before assigning a VA disability for hypertension rating. Below are the ratings that determine your VA high blood pressure compensation, according to the agencys Schedule for Rating Disabilities page:
- 60% if your diastolic pressures usually 130 or higher
- 40% if your diastolic pressures consistently 120 or higher
- 20% if your diastolic pressures usually 110 or higher, or systolic pressures usually 200 or more
- 10% if your diastolic pressures usually 100 or higher while under control with prescription medication
These rating percentages help claim examiners determine whether you may qualify for monthly VA disability for hypertension benefits. If your combined disability ratings 30% or higher and you have a spouse, child or dependent parent, then the VA may increase your monthly payments.
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Filing For Social Security Disability With A Diabetes Diagnosis
Diabetes is listed in the Social Security Administrations impairment listing manual, or Blue Book, as a condition which can qualify a person for Social Security Disability benefits. The SSA makes no distinction between Type 1 and Type 2 Diabetes, however, and no mention is made in the Diabetes listing of any of the severe health problems caused by the condition.
Fortunately, many of these severe health problems are listed in the Blue Book as separate disabling conditions, as the SSAs qualification criteria focus on the actual health problems that affect an applicants ability to function in work and basic tasks, rather than specifically on a Diabetes diagnosis.
If You Are Living With Diabetes
â¦You may be eligible to receive financial aid from the Social Security Administration. If you have been diagnosed with Diabetes, you are likely struggling with the disease. Fortunately, the government provides disability benefits for those that have been affected by the disease.
Diabetes is very common, affecting nearly 2.1% of the population. The most common symptoms include diminished vision, exhaustion, dizziness, high blood pressure, general pain, and a host of other issues. Often times, these symptoms can prevent you from working.
If you have been diagnosed with Diabetes and want to see if you qualify for Social Security Disability Benefits, get the facts by below. Then, contact us for a free evaluation of your situation.
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For Patients Over The Age Of 18
When looking specifically at qualifying based on a diabetes diagnosis, you would need an official diagnosis of type 1 or type 2 diabetes, along with at least one of the following conditions:
- Neuropathy is the damage sustained to the nerve-endings in your hands, arms, feet, and toes. Neuropathy results in a loss of feeling and sometimes loss of function in those extremities. Severe neuropathy can result in the need for an amputation. To use neuropathy as a qualifying factor for disability status, it must significantly affect two extremities to the extent that your ability to walk or stand is impacted.
- Acidosis is when there is an abnormal increase in the amount of acid in your bodily fluid . To use this acidosis as a qualifying factor for disability status, it must occur once every two months and be documented via blood tests.
- Retinopathy is damage to the blood vessels and nerves in your eyes. Severe neuropathy can lead to significant loss of vision or complete blindness in one or both eyes. To use retinopathy as a qualifying factor for disability status, you must have a significant loss of visual acuity in both eyes. This severity of damage considers the patient to be blind.
- Other conditions like gastroparesis, nephropathy, etc. may be considered.
Can You Get Disability Living Allowance If You Have Type 1 Diabetes
If you have a child under 16, with type 1 diabetes you MAY be able to claim Disability Living Allowance. Young people and adults over 16 years old normally have to apply for Personal Independence Payment.
You should be given information by your diabetes clinic about Diabetes, family support groups in your area, and how to claim Disability Living Allowance to help cover the extra costs involved with a long term health condition such as Type 1 diabetes and the extra supervision required now that s/he has diabetes.
It is becoming increasingly difficult to get awarded DLA on first application, but we would encourage you to always do a mandatory reconsideration and if need be after that request a tribunal. Managing Type 1 diabetes is 24/7.
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For Patients Under The Age Of 18
Children under 18 qualify for SSI based on disability if they have little income and resources are not working have a physical or mental condition that very seriously limits activities and the condition will last at least a year, or cause death, explains the ADA.
Children under six years old who require daily insulin are automatically considered to have a disability. In children who are at least six years old, diabetes is individually evaluated based on its impact on other bodily systems .
Diabetes Does Not Always Cause Secondary Illness But It Can Be Paired By Another Condition That Does Not In Itself Fall Under Any Specific Disability Listing
In such a case, the SSA must consider the effects that this combination has on an individual. While there may not be a listing for a combination of this nature, a residual function capability analysis will determine the approval and level of benefit.
The RFC analysis will establish how much an individual can do despite their illness. This analysis is backed by a doctors report of examination as well as medical history.
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Can I Work With Diabetes
Both Type I and Type II Diabetes, as well as the other forms of diabetes, can be debilitating if not controlled. Many can and do qualify for Social Security Disability benefits because of diabetes. However, simply having diabetes does not automatically qualify you for Social Security Disability benefits. Your eligibility for Social Security Disability depends on which symptoms you have and their severity. You may also qualify for Social Security Disability benefits due to diabetes-related conditions, such as having amputated limbs or blindness.
Diabetes is a digestive disease which affects your insulin levels. Because of the imbalance in insulin, your levels of blood sugar become elevated. This causes an increase in hunger and thirst and frequent urination. A common side effect of the constant hunger associated with high blood sugar levels and diabetes is weight gain and obesity. Additional symptoms include abdominal pain, altered consciousness, vomiting, nausea, and dehydration . Nearly 3% of the worlds population suffers from some form of diabetes, making it one of the most prevalent diseases in the world.
Canadian Disability Tax Credit For Diabetes
While people with diabetes can live an active, independent lifestyle, theyll need to adapt to certain changes in diet, exercise, and medications. The Canadian government recognizes both type 1 and type 2 diabetes as disabilities, due to its impact on lifestyle, the constant monitoring of blood sugar levels, and the potential risks associated with the condition.
To help offset the costs of insulin shots and lifestyle adaptations, the Canada Revenue Agency provides disability benefits for diabetes like the Canadian Disability Tax Credit , or Child Disability Tax Credit.
But despite these disability tax refunds being available for many eligible Canadians, unclaimed disability tax credits are all too common. The DTC application process can be tedious, pushing people away from even submitting their T2201 form.
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