Posts Tagged ‘disability’

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EDS Alert Newsletter No. 35

November 11, 2009

Please feel free to start promoting the EDS Alert Newsletter where ever you think it might help. Note for readers who use RSS feeds – the link to set up your own feed is here.

This is our quarterly round-up of information about Ehlers-Danlos Syndrome (EDS). For more information about this newsletter, please look here for Sources of Medical Info and Support Groups.

We only link to publicly accessible entries and websites. If you would like your post removed from this newsletter please drop a comment below or e-mail us at: edsalert@gmail.com. Please remember when you’re visiting people’s personal blogs or diaries that these often contain information of a personal and sensitive nature and to respect their privacy and concerns. We only quote excerpts from articles that require subscriptions or paid memberships to access.

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Disability: Tapping Into IRAs Early?

July 25, 2007

Question from a finance blog:
I have AIDS and have been on disability for many years. I have $20,000 in an IRA and want to use it for some facial surgery, as the disease and the years have not been flattering. I get disability income and Social Security benefits annually, but usually owe very little tax. If I pull the money out of my IRA, am I subject to the 10 percent penalty?

Answer here.

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Disability: Financial Assistance

July 1, 2007

Financial Assistance
Catholic Charities with financial assistnace and their food pantry.
http://www.catholic charitiesusa. org

United Methodist Foundation, food, clothing, utilities or phone or
housing assistance
http://umf-nc. org

Financial Assistance Resource

Has directory of Foundations in US that Provide Individual Grants
under “General Welfare Section” of book. Book can be found in your
local library
http://foundationce nter.org/

Modest Needs
http://www.modestne eds.org

Angel Food Ministries
a program that allows people to buy a $60 box of food for $25 – the selections look good and they also offer a lot of meat (which is in short supply at most food banks). There are 19 participating states.
So if you know of someone who needs a little extra food or runs short every month, please send them here: http://angelfoodministries.com/menu.php
PS. they also accept food stamps.

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Legal: Disability Claims – Can Pain Be The Main Limiting Factor?

June 5, 2007

I found this legal case to be interesting to EDS patients. First some
background – if you have an employer paid disability plan, the plan is
governed by US pension laws called ERISA. Those laws give the
disability plan a lot of discretion – they basically need only to show
that their decision to deny you befits is reasonable. And you cannot
get punitive damages so even if they wrongly deny you benefits, they
lose nothing beyond your actual benefits. As you can see there
are advantages to automatically denying employees long term disability
and the forcing employees to fight it out in court.

In this
Northern District California case, a employee had carpal tunnel
syndrome. Her disability was not one that showed actual damage -
basically, the doctors, realizing that pain was her main limitation,
advised her to restrict her activities. The disability company denied
her benefits because, among other reasons, there was no evidence of
damage and pain was her main limiting factor.

This happens a lot
with people with EDS – we dislocate and subluxe but often there is no
damage evident. But because of our hypermobility, we have a lot of
pain.

There
is no factual dispute that Wood was diagnosed with carpal tunnel
syndrome in 1999,that she underwent spinal surgery in 2000, and that
she continues to suffer pain and numbness in her hands to this day. The
reports of all of the physicians who actually examined or treated her
support her disability claim, with the exception of the report of
Dr.Teitel, who examined Wood at the Plan’s request when she sought
first phase LTD benefits. Even Dr. Teitel did not find that Wood was malingering or exaggerating her symptoms.
He
stated that the recommendations of Wood’s treating physicians
were’appropriate in terms of limiting her discomfort but not an
absolute limitation because it is not clear that these activities will
produce damage to tendons, joints, muscle or nerve.’ The policy’s
definitions do not, however, exclude disability on the basis of pain
and do not require that activities cause damage to tendons, joints,
muscle or nerve before they qualify as limitations.

Dr.
Ito, the Plan’s consulting doctor who did not examine Wood, did not
dispute Wood’s diagnoses or the findings of pain, weakness and numbness
documented by numerous doctors over time. However, Dr.
Ito apparently discounted Wood’s pain limitations on the basis that
they were not supported by objective testing. The policy’s definitions
do not require the type of direct test support that Dr. Ito apparently
required to support Wood’s pain complaints and other limitations.”

Note
the key here is ‘what does the policy say.’ I would think that if you
have a medical report that shows exactly how much hypermobility you
have (supported by an actual test – ‘look I can bend her elbows
backwards, isn’t that freaky?”) you’d have your objective medical
evidence. That coupled with consistent MD reports about pain seems (to
me) to be a strong claim. But what do I know, eh?

Complete article here:
(also this is not legal advice – check with a lawyer if you need advice on your disability claim)

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