An amyotrophic lateral sclerosis (ALS) diagnosis is life-altering. As you grapple with the medical and emotional challenges ahead, you may face the harsh reality that you can no longer work. Fortunately, Social Security disability insurance (SSDI) benefits can provide much-needed financial support during this difficult time.
At Phillip M. Hendry Attorney at Law, we understand the unique challenges ALS presents. Our compassionate Social Security disability lawyer and his team are here to guide you through the SSDI application process, giving you the best chance of securing the benefits you deserve as quickly as possible. Here's what you need to know about qualifying for SSDI with ALS and why contacting an attorney is essential.
The Progressive Nature of ALS
ALS is a neurodegenerative disease that progressively affects the nerve cells responsible for controlling voluntary muscle movement. As the disease advances, individuals with ALS may experience:
- Weakness and muscle atrophy
- Difficulty speaking, swallowing, and breathing
- Loss of motor control and paralysis
The rate of progression varies from person to person, but most individuals with ALS eventually require full-time care and assistance with daily activities. This rapid decline in physical function demonstrates the importance of securing SSDI benefits as quickly as possible to ensure financial stability for yourself and your loved ones.
ALS Is a Compassionate Allowances Condition
The Social Security Administration (SSA) recognizes the rapid progression and severity of ALS. That's why it's part of the Compassionate Allowances program, which expedites the SSDI application process for individuals with certain severe conditions.
Under the Compassionate Allowances program, your SSDI application can be approved in as little as a few weeks, compared to the months or even years it can take for other disabilities. However, you must still meet the SSA's technical and medical eligibility requirements.
Technical Eligibility for SSDI With ALS
To qualify for SSDI, you must have earned enough work credits by paying into the Social Security system through payroll taxes. The number of credits needed depends on your age at the time of your ALS diagnosis. Generally, you need 40 credits, 20 of which must have been earned in the last 10 years. However, younger workers may qualify with fewer credits.
Our knowledgeable Social Security disability lawyer can review your work history to determine if you meet the technical requirements for SSDI. If you don't have enough credits, you may still be eligible for Supplemental Security Income (SSI) based on financial need.
Medical Eligibility for SSDI With ALS
To medically qualify for SSDI, your ALS must be diagnosed by a qualified physician and supported by objective medical evidence. This may include:
- Neurological examination findings
- Electromyography (EMG) results
- Nerve conduction studies
- Blood tests to rule out other conditions
Your medical records must document your ALS symptoms and show that your condition is severe enough to prevent you from working. Our experienced Social Security disability lawyer can help you gather the necessary medical evidence to support your claim.
Why You Need to Act Quickly
While the Compassionate Allowances program speeds up the SSDI process for ALS patients, it's still crucial to file your application as soon as possible after your diagnosis. Here's why:
- Retroactive benefits are limited. SSDI benefits can be paid retroactively for up to 12 months before your application date if you were disabled during that time. By applying early, you can maximize your retroactive benefits.
- The application process takes time. Even with the expedited processing under the Compassionate Allowances program, it can still take several weeks or months to receive a decision on your SSDI application. Starting the process early ensures you get the support you need as soon as possible.
- You may need to appeal. If your initial application is denied, you must go through the appeals process, which can take several months. The sooner you start, the sooner you can get the benefits you deserve.
The Importance of Working With a Social Security Disability Lawyer
Going through the SSDI application process while dealing with an ALS diagnosis can be overwhelming. An experienced Social Security disability lawyer can ease the burden and improve your chances of approval by:
- Ensuring your application is complete and accurate
- Gathering the necessary medical evidence to support your claim
- Handling all communication with the SSA on your behalf
- Representing you in an appeal if your initial application is denied
Additionally, a skilled Social Security disability lawyer can help you understand how SSDI benefits may impact other aspects of your life, such as:
- Long-term disability insurance policies
- Medicaid and Medicare eligibility
- Veteran's benefits
- Workers' compensation benefits
By working with an attorney who understands the interplay between these various benefits, you can make informed decisions and maximize the support available to you and your family.
At Phillip M. Hendry Attorney at Law, we're committed to helping ALS patients secure the SSDI benefits they need. We understand that an ALS diagnosis can feel like an overwhelming and isolating experience, but you don't have to face it alone.
Our compassionate team is here to provide the legal guidance and emotional support you need during this challenging time. We'll handle the details of your SSDI application so you can focus on your health and spending quality time with your loved ones.