Follow Your Doctors Orders
Left untreated, some of the ailments listed above can lead to death. If you do not follow your doctors treatment plan, benefits may be denied. For example, if your doctor told you to come in for regular follow-up appointments, lose weight, test your insulin level regularly, take medication or insulin shots, get physical therapy, etc., and you are not following through, the disability examiner may conclude that your symptoms are not really severe and serious enough to keep you from working.
Is Type 1 Diabetes Classed As A Disability
There are two types of diabetes to consider. Type 1 diabetes is an autoimmune condition caused when the body attacks its own cells, making them unable to produce the hormone insulin.
The body needs insulin to move glucose, a type of sugar, from the blood into its cells for energy. Without insulin, the level of glucose in the blood gets too high.
Insulin injections help people with type 1 diabetes reduce the glucose level in their blood and manage their condition. Type 1 diabetes is officially classified as a disability.
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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Diabetes And Social Securitys Disability Listings
In 2011, Social Security removed its disability listing for endocrine disorders, including diabetes, from its Blue Book, a list of impairments that automatically qualify for disability. As a result, its no longer possible to get approved for disability based on a disability listing specifically for diabetes, but you may be able to meet other listings in the Blue Book depending on the severity of your symptoms. For example, a person can match the requirements for Listing 11.14 for peripheral neuropathy, when he or she, in spite of treatment, experiences involuntary movements, tremors, or partial paralysis in two extremities that makes it difficult to walk or use his or her hands. Diabetic retinopathy that causes less than 20/200 vision in the better eye would meet Listing 2.02.
Other complications related to diabetes, from kidney failure to cardiovascular issues to amputation of a limb, could also meet or equal one of the Blue Book listings.
Note that diabetic children under 6 who require daily insulin or 24-hour supervision will be automatically found to meet Listing 109.08 until they reach age 6.
It’s Difficult To Get Disability For Controlled Diabetes But Most Diabetic Applicants Suffer From Related Medical Problems That Limit Their Ability To Work
By Aaron Hotfelder, J.D., University of Missouri School of Law
An individual may qualify for Social Security disability benefits based on uncontrolled diabetes or related symptoms like peripheral neuropathy or poor vision. While diabetes that is well-controlled with medication won’t form the basis of a successful claim on its own, most disability applicants with diabetes also suffer from other medical problems that limit their ability to work. When filing for disability benefits for diabetes, it’s important to list all your symptoms and diagnoses, even those unrelated to your diabetes.
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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.
Filing Your 2nd Appeal
If your first appeal is rejected, you can appeal a second time . This time, your case will be reviewed by an administrative law judge in the Social Securitys Office of Disability Adjudication and Review, explains the ADA.
The length of this application and response can take up to an entire year. While the process does not require an attorney, youll likely appreciate the support of one for this final attempt at acquiring disability benefits.
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Is Type 2 Diabetes Considered A Disability Blood Sugar Support
Diabetes can be a difficult thing to deal with. There particularly can be many struggles when a person is newly diagnosed, but the primary one is being in rejection about it. Some individuals may get fantastic blood sugar control with diet plan and fitness just, but then only having glucose examined when at the doctors check out. Another struggle might be the lack of interest, materials or care to examine that glucose a minimum of once a day.
For lots of people with diabetes, food is the greatest battle. The millions of us who have actually ever attempted a diet understand how hard it is to alter how we eat. Regrettably, diabetes is filled with food misconceptions, so most need assist understanding whats true and whats not. Your money and time will be well spent if you decide to get some education from a signed up dietitian or a certified diabetes educator.
No matter how you or a enjoyed one is fighting with diabetes, theres always hope in those struggles disappearing or getting better. Were here to help do simply that! However first, lets dive a little much deeper into the depths of this illness and get a food understanding of what whatever implies.
Diabetes Rights And Protections
Those living with diabetes deserve fair treatment in:
- School
- Camp
- Other activities
Under federal law, children have the right to receive diabetes and other care they need in order to participate in school life the same as any other child. Under federal law, schools are required to provide:
- A trained staff member who can administer insulin and glucagon and monitor blood sugar levels
- A trained staff member or members who can provide care specific to diabetes during all school activities including field trips and extracurricular activities
- Permit capable students to self-manage their diabetes at any time and in any place
Under federal law, schools cannot:
- Insist family members attend school to care for the needs of a student with diabetes
- Transfer students with diabetes to a different school in order to receive appropriate care
- Stop students who have diabetes from attending any school-sponsored activity, including field trips and sports days
State laws can be complicated and can be unclear regarding who should care for a child with diabetes at school. Some states give more protections than others.
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Disability And Diabetes Prevention
It is important for people with disabilities to know their diabetes status to help them make the best decisions for their health. If you have a disability, learn what you can do to prevent or managetype 2 diabetes.
Join the conversation on social media about preventing and managing diabetes among people with disabilities by searching #DisabilityandDiabetes
About 1 in 6 people with disabilities in the United States in 2018 had been diagnosed with diabetes, compared to 1 in 14 people without disabilities . Differences are also observed across various states, races/ethnicities, and age groups. For example, diabetes is more common among people with disabilities who live in Arkansas compared to those who live in Colorado .1
You are at risk for developing type 2 diabetes if you:
- Are 45 years or older
- Have a parent or sibling with type 2 diabetes
- Are physically active less than 3 times per week
- Have ever had diabetes while pregnant or given birth to a baby who weighed more than 9 pounds
- Are African American, Hispanic/Latino American, American Indian, or Alaska Native
Visit the Disability and Health Data System to learn more about diabetes among people with disabilities in your state and nationwide.
Accommodating Employees With Diabetes
The ADA requires employers to provide adjustments or modifications — called reasonable accommodations — to enable applicants and employees with disabilities to enjoy equal employment opportunities unless doing so would be an undue hardship . Accommodations vary depending on the needs of the individual with a disability. Not all employees with diabetes will need an accommodation or require the same accommodations, and most of the accommodations a person with diabetes might need will involve little or no cost. An employer must provide a reasonable accommodation that is needed because of the diabetes itself, the effects of medication, or both. For example, an employer may have to accommodate an employee who is unable to work while learning to manage her diabetes or adjusting to medication. An employer, however, has no obligation to monitor an employee to make sure that she is regularly checking her blood sugar levels, eating, or taking medication as prescribed.
10. What other types of reasonable accommodations may employees with diabetes need?
Some employees may need one or more of the following accommodations:
- a private area to test their blood sugar levels or to administer insulin injections
- a place to rest until their blood sugar levels become normal
- breaks to eat or drink, take medication, or test blood sugar levels
- leave for treatment, recuperation, or training on managing diabetes18
- modified work schedule or shift change
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What Happens When Blood Sugar Is Too Low
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Limitations Based On Your Monthly Income
In order to receive SSI benefits, your monthly income must not exceed a certain amount, explains the ADA. The amount changes each year, and your earnings may offset your benefit amount.
Additionally, if you live with a spouse who is not eligible for SSI benefits, the SSA may include your spouses income when determining your SSI benefit.
For a child with a disability under age 18, the SSA may count some of the parents income in figuring the childs SSI benefit. Additionally, you cannot own property in excess of a specified amount at the beginning of each month. The limits are $2,000 for an individual and $3,000 for a couple. You do not have to count certain things towards this $2000 or $3000 limit, such as: your home, household goods and personal items, one vehicle, property of your personal business, certain amounts of life insurance, and certain amounts of housing assistance.
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Against The Federal Government
If you are a federal employee or job applicant and you believe that a federal agency has discriminated against you, you have a right to file a complaint. Each agency is required to post information about how to contact the agency’s EEO Office. You can contact an EEO Counselor by calling the office responsible for the agency’s EEO complaints program. Generally, you must contact the EEO Counselor within 45 days from the day the discrimination occurred. In most cases the EEO Counselor will give you the choice of participating either in EEO counseling or in an alternative dispute resolution program, such as a mediation program.
If you do not settle the dispute during counseling or through ADR, you can file a formal discrimination complaint against the agency with the agency’s EEO Office. You must file within 15 days from the day you receive notice from your EEO Counselor about how to file.
Footnotes
1 See 42 U.S.C. §12102 29 C.F.R. §1630.2.
2 For example, disability laws in California, Pennsylvania, New Jersey, and New York apply to employers with fewer than 15 employees.
3 See “The Question and Answer Series” under “Available Resources” on EEOC’s website at www.eeoc.gov/laws/types/disability.cfm.
4 See Diabetes Basics, www.diabetes.org/diabetes-basics see also
5 Id. see also information on diabetes from the National Institutes of Health, www.nlm.nih.gov/medlineplus/diabetes.html.
6 Diabetes Basics, supra note 4.
22 Id.
Diabetes Mellitus: Type 1 And Type 2
Diabetes mellitus is a chronic medical condition marked by an inability to process glucose in the blood. When the pancreas fails to produce sufficient amounts of the hormone insulin, which sends signals to other body cells to absorb excess glucose, blood sugar levels rise.
Elevated blood sugar levels often can be controlled through medication and diet, but persistently high blood sugar levels may give rise to neuropathy causing numbness, burning, and tingling in the extremities. Other complications of diabetes include cardiovascular disease, kidney problems, skin infections, and visual changes.
Type 1 diabetes, often referred to as insulin-dependent diabetes, typically manifests in childhood and requires daily insulin injections and monitoring of blood sugar levels. Individuals with Type 1 diabetes are unable to produce the insulin which regulates blood sugar levels. Only about five to ten percent of diabetic individuals suffer from Type 1 diabetes.
Type 2 diabetes, also called adult-onset diabetes, occurs when the body’s cells become resistant to insulin and thus fail to process sufficient amounts of glucose. Type 2 diabetes is most common in those over 45, and it is strongly associated with obesity, high blood pressure, and a sedentary lifestyle. Genetic factors also play a role in the development of Type 2 diabetes.
Diabetes is generally treated by endocrinologists, who prescribe medication, blood sugar monitoring, and lifestyle changes to control the disease.
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How Type 2 Diabetes Qualifies For Disability Benefits
Social Security Disability Income is a federal disability insurance benefit for those who have worked and paid into Social Security.
Keep in mind that SSDI is different from Supplemental Security Income . That program is for people with low incomes who didnt pay enough into Social Security during their working years to qualify for SSDI.
If that describes you, consider looking into SSI as a starting point.
In either case, benefits are limited to those who are unable to perform substantial gainful activity, according to Liz Supinski, director of data science at the Society for Human Resource Management.
There are limits on how much a person can earn and still collect, she says, and its about $1,200 per month for most people, or around $2,000 per month for those who are also blind.
The SSA no longer includes type 2 diabetes as a separate disability listing, so simply having that diagnosis wont qualify you for benefits.
However, if you have complications that meet the criteria under other disability listings, then you may be eligible.
The most common are:
If you have symptoms like these due to your diabetes, even though youre following your doctors prescribed treatment, you could be eligible for disability benefits.
However, keep in mind that if your condition isnt well managed because youre not following a doctors prescribed treatment, youre likely to be turned down for disability assistance.
How Can I Get Social Security Disability For Diabetes
The Social Security Administration maintains a listing of impairments, which includes both medical and mental health conditions that are considered severe enough to prevent a person from working. Diabetes is included on this listing of impairments under endocrine disorders. While the SSA notes that both Type 1 and Type 2 diabetes are usually well controlled, there may be a number of reasons why a person cannot control fluctuating blood glucose levels.
Most people who qualify for SSDI and/or SSI for diabetes do so because they have been diagnosed with a disabling condition related to the disease. In other words, the SSA typically does not approve a person for disability simply for having diabetes mellitus. Instead, an applicant may qualify for SSDI and/or SSI because their diabetes caused another condition and that condition is disabling.
The key to being approved for SSDI and/or SSI for diabetes or a related condition is demonstrating how it affects your ability to work. For diabetes mellitus, this may include showing that you cannot work because of the related conditions associated with diabetes. For any of these conditions, you must meet the specific criteria set out in the listing of impairments, and provide evidence of your diagnosis, treatment history, and how your illness affects your ability to work.
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