Disabling Amounts Of Pain
Are you unable to work because of excruciating pain? Pain alone can be disabling. In order to have success with your pain case, you need to submit objective evidence such as an MRI, X-ray, or CT scan in which shows an objective abnormality that could cause the source of your pain. If you are experiencing disabling pain and have not had an X-ray or an MRI, please contact your physician and request to have an objective study performed.
Additionally, it is so very important that you seek as much medical treatment that you can receive in order to try to obtain pain relief. While seeking medical treatment, it is so very important to report all symptoms that you are experiencing and the functional problems they cause throughout your typical day. For example, if you have problems concentrating due to the severity of your pain or you have to lie down during the day it is so very important to report these symptoms to your doctor so it will be denoted in your treatment notes.
If you have any questions on how to prove a pain case, please contact experienced Social Security Attorney Brian Carmichael.
Contact us today for your FREE initial consultation.
Detailed Va Disability Rating Criteria For Hypertension
| DC 7101, VA Rating for Hypertension: | VA Rating |
| Diastolic pressure predominantly 110 or more, or systolic pressure predominantly 200 or more | 20% |
| Diastolic pressure predominantly 100 or more, or systolic pressure predominantly 160 or more, or minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control | 10% |
| Note : Hypertension or isolated systolic hypertension must be confirmed by readings taken two or more times on at least three different days. For purposes of this section, the term hypertension means that the diastolic blood pressure is predominantly 90mm. or greater, and isolated systolic hypertension means that the systolic blood pressure is predominantly 160mm. or greater with a diastolic blood pressure of less than 90mm. | |
| Note : Evaluate hypertension due to aortic insufficiency or hyperthyroidism, which is usually the isolated systolic type, as part of the condition causing it rather than by a separate evaluation. | |
| Note : Evaluate hypertension separately from hypertensive heart disease and other types of heart disease. |
VA Rating for High Blood Pressure Chart
Demonstrate A Service Connection
Service-connected means your disease or injury has a direct link to an event during active duty. You must show evidence that meets these 3 requirements for a service-connected ruling:
- The injury, disease, exposure, or aggravation happened during Armed Forces active duty
- The illness or conditions is believed to result from an active duty incurrence
- Theres a direct link between the disability or disease and the service-connected illness, injury, exposure, or aggravation
The Regional Office will only need pertinent VA healthcare or private medical files. You must show that your condition has persisted over time.
Ensure providers document all your disabilities as well as diagnoses, treatment, and prognosis. Disability evidence may include the following:
- Service or private treatment records
- Personnel records
If you lost your records in the National Records Center, St. Louis fire, you can submit a Buddy Letter. This is a statement from someone over the age of 17 who has first-hand knowledge of the injury event. This provides a witness account supporting the veterans claim.
Medical opinions must provide justification for the opinion that the condition is service-connected. The presumed veterans military service-connected conditions list includes hypertension. Note that you must receive the diagnosis within 1 year of your discharge from active duty.
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How Much Can I Receive For My Hypertension Each Month
Veterans with hypertension can be assigned ratings ranging from 0 percent to 60 percent.
As of December 1st, 2021 the VA disability rate benefit amounts are as follows:
- 0 percent disability rating: $0.00 per month
- 10 percent disability rating: $152.64 per month
- 20 percent disability rating: $301.74 per month
- 60 percent disability rating: $1,214.03 per month
Get Help From A Board Certified Attorney
You should get legal advice from an attorney if your claim is denied. However, you should not settle for a general practice lawyer that only accepts a handful of SSDI claims a year. The board certification program for Social Security Disability Advocacy by the National Board of Trial Advocacy will help you find a lawyer that is experienced with SSDI law. The NBTA is not a referral service, but you can trust that an attorney who has completed the board certification process has the ability and experience to handle your claim with the SSA.
To earn certification as a board-certified lawyer in social security disability law by the NBTA, an attorney must provide substantial involvement in cases related to this specialty area of the law by spending at least 30 percent of his or her time in the specialty area during each of the last three years, being involved in at least 100 SSDI hearings, filing at least 20 appeals council briefs and 10 federal court briefs, and fulfilled certain educational and CLE requirements related to the SSAs disability law.
Contact Ortiz Law Firm today to schedule your free consultation. During your consultation, we will get additional information about your diabetes and any related medical conditions, walk you through the SSDI and SSI benefits claim process, and discuss the many benefits of forming an attorney-client relationship with the firm. You can contact us using our website or call .
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A Guide To Disability Benefits And Type 2 Diabetes
Type 2 diabetes is a chronic condition affecting the way your body metabolizes glucose.
Type 2 diabetes can profoundly affect numerous systems in your body. It may lead to significant complications that can affect how well youre able to work.
For example, common long-term complications include:
- nerve damage
- heart and blood vessel disease
- kidney damage
- increased risk of Alzheimers disease
Because of issues like these, you may need to take unexpected, extended periods away from work. Or, the effects of type 2 diabetes could make it more challenging to look for flexible employment.
Fortunately, disability insurance from the Social Security Administration can replace some of your income, as long as you can demonstrate that youre unable to perform any type of work on a consistent basis because of your condition.
Symptoms And Treatment Of High Blood Pressure
In many cases, those with hypertension display no symptoms. High blood pressure is often discovered during a regular check-up or while seeking treatment for another reason. Doctors will usually obtain several blood pressure readings at various times of day before diagnosing hypertension.
Severe cases of hypertension may result in headaches, nausea, vomiting, confusion, and vision problems. Untreated hypertension can also increase the risk of heart disease, heart failure, and stroke.
Treatment for hypertension first includes lifestyle measures such as exercise, weight loss, and eating a healthier diet. Medications can also be used to treat hypertension.
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Is High Blood Pressure A Disability Under The Americans With Disability Act And Its Amendments Can You Leave Work If You Have A Spike In Your High Blood Pressure Without Being Penalized
Is High Blood Pressure a disability under the Americans with Disability Act and its amendments ? Can you leave work if you have a spike in your high blood pressure without being penalized?
The Seventh Circuit Court of Appeals recently was presented with this question? In Gogos v. AMS Mechanical Systems, Inc., 737 F.3d 1170 a welder/pipefitter was terminated when he asked to leave work because of a spike in his high blood pressure and a related visual problem. The District Court held that high blood pressure was not a disability under the ADA and ADAAA and dismissed his case. Mr. Gagos appealed his decision and the 7th Circuit in reversing the district courts dismissal of his ADA complaint found that the employees intermittent spikes in blood pressure and visual loss could qualify as disabilities within the ADAAAs broader definition of disability by substantially limiting major life activities such as circulatory functions and eyesight. Congress reversed the Court decisions which limited the rights of employees and now many more injuries and illnesses are covered under the law. Unfortunately, many Courts and arbitrators are having a hard time understanding and implementing the changes in the definition of disability and the Appellate Courts are reversing the Courts decisions dismissing disabled employees claims for discrimination.
Is Diabetes A Disability
Under the 2010 Equality Act, type 1 diabetes is defined as a disability, in that it may have a substantial, long-term, negative impact on a persons ability to carry out normal, day-to-day activities. Many people with type 2 diabetes are also covered by this definition. The aim is protect you from discrimination, such as needing time out during the working day to check your blood sugar levels or recover from a ‘hypo’ episode.
It sounds confusing, but if your diabetes is being controlled by medication or diet, the impact of your condition on normal activities is decided as if you were not taking medication or following a managed diet i.e. if you were not taking insulin to treat type 1 diabetes, this would have a severe impact on your abilities and so is considered a disability.
Can you claim disability benefits if you have diabetes?
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Let Attorney Carmichael Help You Win Your Fibromyalgia Disability Case
Experiencing fibromyalgia? Not able to work because of it? We can help. Social Security has a specific Social Security ruling that deals with fibromyalgia. Social Security Ruling 12-2p states that fibromyalgia can be the basis for a disability finding. But like with anything, in order for Social Security to consider the severity of your fibromyalgia, we must show that you have objective evidence to confirm the diagnosis. Also, with respect to fibromyalgia we need a doctor to observe upon physical examination that you have eleven out of eighteen positive tender points upon physical examination.
When you receive medical treatment, it is important that the doctor notes when hes physically examining you and showing where those tender points are because under Social Security Ruling 12-2p we need eleven out of eighteen positive tender points. In addition to that objective diagnosis of fibromyalgia required under the ruling, we also need your medical records to show the symptoms that you are experiencing.
Fibromyalgia causes individuals to experience a lot of symptoms certainly the biggest one: PAIN. You need to tell your doctor where you are experiencing pain and any other symptoms that you are experiencing. Also, if you are experiencing problems with fatigue, report that to your doctor.
If you have any questions about how to start a fibromyalgia claim or if you need help with your fibromyalgia case please give Disability Attorney Brian Carmichael a call at .
Our Research And Heart Disease
We know people with diabetes are more at risk of developing heart problems, so we need to find ways to reduce this risk. We’re funding research on heart disease and if it’s successful, this research could open doors to developing new drugs that reduce plaque build-up in blood vessels and protect people with diabetes against this serious complication.
Find out more about our research into heart disease and how to get involved in our ground-breaking research projects.
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After Reviewing Your Medical Records Social Security Will Evaluate Your Residual Functional Capacity
An RFC assessment determines the most stressful work you can perform considering your physical and mental limitations by evaluating your ability to walk, stand, lift, sit, use your arms and hands, interact with the public, and follow instructions. Social Security makes this determination based on medical evidence, doctors statements, opinions from medical professionals, statements from your family and friends, and your own statements. A doctor might state you are unable to work in a high stress environment because it raises your blood pressure or hypertension may cause complications with your heart or lungs, preventing even sedentary jobs. Social Security uses the RFC assessment to decide what jobs you can still do, if any. If there is some type of work you can still perform, your claim will be denied, but if your symptoms are so limiting that there is no job you can do, you may be awarded benefits under a medical-vocational allowance.
How To Qualify For Disability With High Blood Pressure
High blood pressure can result in numerous side effects which can interfere with your day to day functioning and consequently, your ability to perform in a work environment. Because medications for high blood pressure have advanced over the years and are frequently effective in controlling hypertension symptoms, the SSA will need proof that the effects of your high blood pressure are significantly detrimental to your ability to generate an income.
Section 4.00 of the SSAs Listing of Impairments, or Blue Book, deals with the cardiovascular system, including hypertension. Section 4.00H, titled Evaluating Other Cardiovascular Impairments, explains how the SSA analyzes high blood pressure claims:
1. How will we evaluate hypertension? Because hypertension generally causes disability through its effects on other body systems, we will evaluate it by reference to the specific body system affected when we consider its effects under the listings. We will also consider any limitations imposed by your hypertension when we assess your residual functional capacity.
In other words, it isnt the high blood pressure itself that the SSA will evaluate so much as the effects it causes to other parts of your body, and any resulting limitations.
With that in mind, how does hypertension affect the human anatomy? Symptoms may include:
- Irregular Heartbeat
- Severe Fatigue
- Difficulty Breathing
- Vision Problems
- Diabetes
- Stroke
- Kidney Disease
- Kidney Transplant
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S For Determining High Blood Pressure Disability Benefits
The SSA uses a five-step process to determine whether an applicant is eligible to be awarded disability benefits. The first step of this process inquires whether the applicant is currently working. If the answer is yes, the SSA must know how much the applicant earns per month to determine eligibility.
The amount of money a disability applicant could earn per month is often adjusted to account for inflation and other factors. In 2020, an applicant with hypertension that is applying for disability benefits cannot earn more than $1,260 per month. However, if the applicant is also blind, the threshold increases to $2,110.
Next, the SSA will examine whether the applicants illness is severe. If high blood pressure affects the applicants ability to work and their daily life, it will satisfy the requirements of the second step.
Third, the SSA will determine whether the illness is on the List of Impairments. As mentioned, equivalent illnesses to those on the list may be sufficient to receive disability benefits. If the applicants illness is on the List of Impairments, they could skip the fourth and fifth steps.
The fourth and fifth steps ask the applicant the following questions:
- Can the applicant continue to perform work in their previous field?
- Can the applicant make an adjustment to work a different job or in a different field?
If the answer to these questions is no, then the applicant could be eligible for disability benefits.
If You Have Hypertension And It Has Impacted Your Ability To Work You May Be Eligible For Social Security Disability Income
However, because Social Security eligibility requirements are complex, you may want to consult an experienced Social Security attorney to ensure your best chance for approval.
In order to qualify for Social Security Disability, you will need to satisfy a few specific requirements in two categories as determined by the Social Security Administration.
The first category is the Work Requirements which has two tests.
The second category is the Medical Eligibility Requirement.
More details can be found on our Qualifying for Disability page.
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How Va Rates Hypertension
VA rates hypertension the same whether service connection is established directly, presumptively, or secondarily due to sleep apnea. Specifically, VA uses 38 CFR § 4.104 Schedule of Ratings, Cardiovascular System, Diagnostic Code 7101. The rating criteria are as follows:
- 60% diastolic pressure predominantly 130 or more
- 40% diastolic pressure predominantly 120 or more
- 20% diastolic pressure predominantly 110 or more, or systolic pressure predominantly 200 or more
- 10% diastolic pressure predominantly 100 or more, or systolic pressure predominantly 160 or more, or minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control
Why Does Diabetes Increase Your Risk Of Heart Disease
If you have high blood sugar levels for a period of time, even slightly high, your blood vessels can start to get damaged and this can lead to serious heart complications.
This is because your body can’t use all of this sugar properly, so more of it sticks to your red blood cells and builds up in your blood. This build-up can block and damage the vessels carrying blood to and from your heart, starving the heart of oxygen and nutrients.
So keeping as close as possible to your target HbA1c level will help protect your blood vessels and in turn your heart. Even mildly raised blood sugar levels can, over time, put you more at risk.
Be in the know about your HbA1c and how to lower it if it’s too high.
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