Is Ms a Legal Disability
If you are diagnosed with MS and it is increasingly difficult to work full-time, you may be able to qualify and receive Social Security benefits. The only time you have a legal obligation to tell your employer that you have MS is if it affects your ability to do your job, if you need housing because of your condition, or if your MS could pose a threat to the safety of your workplace. The Social Security Administration (SSA) recognizes MS as a chronic disease or “impairment” that can result in a disability severe enough to prevent a person from working. If you experience any of the following symptoms, or a combination of these or others that prevent you from working, you may be eligible for Social Security benefits: In California, MS is not automatically a disability, but California`s “disability” standards are broader and even more conditions qualify. So even under California law, MS is a disability in almost every case. California law is more protective than the ADA because it applies to employers with 5 or more employees instead of 15 or more employees. Your chances of developing an MS-related disability are significantly increased if you have a lot of medical evidence to support your claim that you can no longer work with MS. A: If a person has new symptoms or is recovering from an exacerbation, they may need to take time off work for several days or weeks. Most workers use vacation days to cover this period and may have a short-term disability paid through their benefit plan that pays a portion of their income.
It is important for people with MS to become familiar with the type of short-term disability they have through their employer. For individuals who no longer have leave or have short-term disability paid by the employer, the Family and Medical Leave Act guarantees that insured workers have a total of 12 weeks of leave without pay over a 12-month period, for several reasons, including a person`s critical medical condition. In most cases, working closely with medical professionals with a qualified Social Security attorney or disability advocate can significantly increase the efficiency with which a claimant`s legal benefits are obtained. Short-term disability benefits are for people who have a temporary illness or are waiting to be approved to receive permanent disability benefits. They are usually provided by private insurance companies or as labor services. In people with MS, symptoms can sometimes break out and then go into remission, so short-term disability may apply. The total number of loans a person can make per year is four, and it usually takes 40 credits to qualify for disability benefits. However, exceptions may be made due to age. If you live with multiple sclerosis and are unable to work due to an MS-related disability and/or other medical conditions, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Income Benefits (SSI). The Social Security Disability Guide can help you decide if applying for disability benefits is right for you and navigate the complex application process. In addition, on this website you will find information on certain types of Member States that may allow a person to benefit from an accelerated examination of his or her application for disability benefits in the section on compassionate care allowances.
A: Many symptoms and invisible aspects of the work environment can make it difficult for health care providers to determine a person`s ability to work during a routine clinic visit. Patients should be encouraged to discuss this issue with the health care provider if work becomes an issue. It is important to solve this problem before poor performance interferes with work. When people with MS are faced with the decision to apply for permanent disability, it is important that their health care team provide them with the necessary support and documentation to guide them through this process. The amount of disability benefits each person receives varies depending on the amount of money they earned while working. A calculation formula called Average Indexed Monthly Earnings (AIME) is used to determine the benefit. A: The criteria vary considerably from one insurance company to another, but in general, most private disability insurance policies insure applicants if they are unable to perform their current job. SSDI tends to have the strictest approval criteria, as SSDI only offers benefits if you can`t have a job that would provide a consistent monthly income of $980* or more (*financial limit for 2009). You can apply for disability benefits online, in person or by phone. Younger applicants may have a harder time qualifying, but there are regulations that ensure that regardless of your age, you`ll still have access to Social Security benefits if your condition prevents you from working. Your medical provider is responsible for certifying you for short-term disability with government EDD or private insurance.
The medical service provider determines the length of the leave. People with MS may have access to short- and long-term disabilities to ease the financial burden of disability. For people who need permanent disability benefits, short-term benefits help bridge the gap between the initial inability to work and when you can receive SSDI. It depends on the severity of your symptoms. Some people with MS are eligible for disability benefits if they affect their ability to work. If the symptoms don`t affect your ability to work, you probably won`t qualify. According to the National Multiple Sclerosis Society, about 40% of people with MS in the United States receive disability benefits. MS is a progressive disease. It is likely that many of them were able to work with MS for many years before they had to apply for disability. Yes.
While few conditions are automatically considered a disability, recent amendments to the Americans with Disabilities Act (ADA) establish MS as a disability under the law. This means you`re protected by the ADA if your employer has at least 15 employees. A: Documenting disabilities in patients with “hidden symptoms” of MS can be more difficult than in patients with measurable deficits. Symptoms such as pain, fatigue, and cognitive impairment are often not seen in standard neurological examinations. It is important to document the presence, quality, location, timing, aggravating and mitigating factors and treatment of pain, as well as an assessment of the relationship with MS. For fatigue, it can be helpful to document gravity and how it interferes with function. There are scales for fatigue that can also be helpful, such as the modified fatigue stroke scale. If you need workplace housing for your SAH, you almost certainly have a “disability” under the ADA and a state version of the ADA. MS can be difficult to manage, but many people have lived and worked with the disease for many years. Just because you`ve been diagnosed with MS doesn`t mean you have to stop working.
If you need to apply for MS disability benefits, it`s important to remember that there`s no shame in doing so. While an applicant can provide strong medical evidence of disability due to MS, it is important to provide detailed information about the symptoms of the disease, particularly limitations imposed on the patient`s daily functioning. According to the Ohio Public Employees Retirement System (OPERS) Disability Benefits Handbook, an employee is eligible for disability benefits (processed for brevity) if they: A: Insurance benefits may be lost once the person with MS stops working.