Which Disability Benefits For Heart Disease Do I Qualify For
There are two sources of disability benefits for Canadian workers suffering from heart disease: the Canada Pension Plan and Long-term Disability Insurance Benefits.
CPP Disability Benefits for Heart Disease
The Canadian government mandates that employers are required to deduct Canada Pension Plan contributions from the salary of their employees. The CPP is a retirement pension, but unknown to many employees, other benefits are also payable under the plan, including survivor, post-retirement, and disability benefits. The last type begins when an individual becomes disabled before the retirement age of 60 or 65 years old. Anyone who has a severe and prolonged disability and is considered a recent contributor to the CPP can qualify for benefits. The CPP administration defines a recent contributor as someone who has contributed to the CPP in:
- Four of the last six years, or
- Three of the last six years, if he or she has contributed for at least 25 years.
There are two types of disability benefits under the CPP. One is paid to the disabled worker. While the other goes to their children. Those who are approved for CPP disability benefits would receive a taxable monthly payment.
Long-term Disability Insurance Benefits for Heart Disease
You May Also Be Eligible For Social Security Disability Benefits If You Have Another Impairment
Applicants with heart disease often suffer from other medical conditions such as kidney disease. One disorder alone may not meet the requirements of a Social Security impairment listing, but if you have more than one medical condition, Social Security must consider how those combined health issues limit your ability to hold a job and perform routine tasks.
What Are The Financial Costs Of Heart Attacks
A heart attack, even a less severe one, will put you out of work for weeks or months. If you are lucky enough to work for an employer through whom you can receive short-term disability payments, then your lost work time will at least be compensated at a percentage of your usual paycheck. If youre not able to return to work due to heart complications though, youll be faced with the challenge of how to survive and pay the bills without income from employment.
In addition to dealing with lost wages, medical bills for a heart attack and for ongoing treatment are costly. Not to mention rehabilitation costs, if you experience reduced mobility, stamina, or fatigue due to cardiac surgery, permanent heart damage, or heart complications.
In 2010, CBS News reported the average cost of a less severe heart attack as $760,000 in total medical expenses during the year in which the heart attack occurs. Average costs annually thereafter were reported at about $38,000, again for a less severe heart attack. More severe cardiac events averaged an annual expense of about $50,000.
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Reduced Functional Capacity Due To Coronary Heart Disease
In a coronary heart disease claim, the adjuster assigned to your claim must consider whether your heart impairment has reduced your capacity to work. The claims handler will consider all of the relevant medical evidence in your case file to determine what is called your residual functional capacity .
Your RFC is the most work activity that you can sustain on a regular and continuing basis despite your medical conditions. In assessing your RFC, the insurance adjuster will try to rate your ability to perform work-related activities such as sitting, standing, walking, lifting, carrying, pushing, and pulling.
For example, if your doctor states in a written letter or on an assessment form that you cannot lift more than 10 pounds due to shortness of breath and that you should walk or stand no more than 2 hours of an 8-hour workday due to fatigue, you have an RFC for no more than sedentary work.
The claims handler will ultimately consider your RFC to decide if there are jobs that you can perform.
Seeking Help From A New Jersey Disability Benefits Attorney
When you are diagnosed with a condition as severe as myocardial disease, the last thing that you want to worry about is how you will pay your bills or keep a roof over your head. Long-term disability insurance can help to alleviate those concerns if your application for benefits is approved. A seasoned New Jersey disability benefits attorney can work with you to help you increase the likelihood of a positive outcome.
At Bross & Frankel, we strongly believe that each of our clients deserves the highest quality representation which is what we strive to do in every case. For more than 20 years, we have represented clients in New Jersey and Pennsylvania who are unable to work due to a disability. Contact us today at or online to schedule a free disability claim review.
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Get The Appropriate Treatment And Document It
When considering your claim, disability benefits providers will look to see if you received the appropriate treatment for your condition. Not getting the right treatment is one of the most common reasons for the denial of disability benefits.
This requirement covers all other conditions as well. For example, if you also have a sleep disorder or depression, along with heart disease, you must get treatment for each condition. This can include medications, consultations with psychiatrists, or psychological treatments.
Make sure your doctor is accurately documenting all of this as well. At the end of the day, benefit providers base their decisions on the medical documents they have received. Even if you received world-class treatment for heart disease without the proper documentation, you received no treatment from the insurers standpoint.
Bryant Legal Group: Guiding Heart Attack And Heart Disease Survivors Through Their Disability Claims
Bryant Legal Group is one of Chicagos premier disability insurance law firms. We assist disabled individuals and their loved ones with their LTD, STD, and other related claims, focusing on our clients best interests and long-term goals.
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To Meet The Requirements Of Section 404 You Must Have One Of The Following Symptoms:
- Angina pectoris severe pain in the chest caused by inadequate blood flow often spreading to the shoulders, arms and neck.
- Anginal equivalent shortness of breath on exertion, but no complaints of chest pain.
- Variant angina chest pain at rest due to spasms of coronary artery.
- Silent ischemia the heart doesnt receive enough blood flow, but the person doesnt have symptoms and requires a diagnostic test to detect.
Meeting The Medical Criteria For Social Security Disability With Heart Failure
When applying for Social Security Disability benefits, the SSA will compare your condition to a listing of conditions known as the Blue Book. Each condition that could potentially qualify an individual for disability benefits is listed in this Blue Book, along with the criteria that must be met to qualify with each specific condition.
Chronic heart failure is addressed in Section 4.02 of the Blue Book. According to the Blue Book, in order to qualify for Social Security Disability benefits due to heart failure, you must be able to prove that:
- You have been diagnosed with chronic heart failure while undergoing prescribed treatment and
- There is medically documented evidence of systolic failure with left ventricular end diastolic dimensions greater than 6.0 cm or ejection fraction of 30 percent or less during a period of stability or diastolic failure with left ventricular posterior wall plus septal thickness totaling 2.5 cm or greater on imaging with an enlarged left atrium greater than or equal to 4.5 cm with normal or elevated ejection fraction during a period of stability and
- Persistent symptoms of heart failure are present that seriously limit the ability to independently initiate, sustain, or complete activities of daily living or there are three or more separate documented episodes of acute congestive heart failure within a 12-month period or you suffer an inability to perform on an exercise tolerance test at a workload equivalent to 5METs or less.
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How We Can Help With Your Disability Claim Following A Heart Attack
Your time away from work after a heart attack is crucial for your recovery. It is also a good time to evaluate your next steps in applying for disability, now that you have time. This should not cause you unnecessary stress and it may be helpful to also involve a family member if the process becomes too tiring. Our law firm may be available to help you and your family in the following ways:
- Review of your short term or long term disability policy to help you understand the terms of your policy
- Helping you to apply for short term insurance disability benefits
- Helping you to apply for long term insurance disability benefits under ERISA
- Complimentary review of your denial letter if your insurance company denied long term or short term benefits.
- Appeal of your disability benefits if you have been denied under the policy .
- Litigation in court if your appeal is lost. Please note that we may decline representation if you filed the appeal without a lawyer, since in court you will be stuck with whatever went into your appeal. If your appeal was not done very well, this will have a huge impact on anyones ability to win your case in court. This is a very good reason to hire an attorney immediately after you receive a denial letter and before trying to do your own disability appeal.
Give us a call at 630 250-8813 for short or long term disability help following your heart attack, or fill out our webform to tell us your story.
Mj Ellis Disability Law Here For You
Without question, living with heart disease can be challenging. If you find yourself in this situation, you deserve to focus on whats most important your health, happiness and enjoying life with those you love. You dont need the stress of worrying about legal matters and how you will pursue the benefits you need and deserve. Thats why you should leave those matters in the hands of the knowledgeable and experienced team at MJ Ellis Disability Law.
At MJ Ellis, we know and understand the complex law that pertains to disability benefits, and we understand the best legal strategies to pursue on your behalf. If youre ready to get started, were here to help. Theres no day like today to take that first step. Give us a call at any time. We look forward to speaking with you soon.
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Medical Evidence Of Myocardial Ischemia Required
In addition to the symptoms described above, Listing 4.04 also requires that you have one of the followingâan abnormal stress test, ischemic episodes, or abnormal imaging resultsâas follows:
Abnormal Stress Test
An exercise tolerance test at a workload equal to 5 METS or less, resulting in at least one of the following abnormalities:
- Horizontal or downsloping ST segment depression of at least -0.10 millivolts , lasting for at least 1 minute into the recovery period
- At least 0.1 millivolt of ST segment elevation during exercise, which lasts 1 minute or more into the recovery period
- Ischemia documented at an exercise level of 5 METS or less on proper medically acceptable imaging, such as stress echocardiography.
Three separate ischemic episodes within a consecutive 12-month period. Each episode must require revascularization . Revascularization usually refers to angioplasty or bypass surgery.
Abnormal Imaging Results
Medical Evidence Of Disability Due To Coronary Heart Disease
The long term disability insurance adjuster handling your claim will be looking for a longitudinal clinical record of your coronary heart disease, such as 3 months of continuous treatment. The basic documentation you should supply to the LTD insurance company includes detailed reports of your medical history, physical examinations, laboratory tests, medically acceptable imaging , and any treatment that has been prescribed to you. You may also include evidence of your response to such treatment.
Example: Ischemic episodes may require revascularization, which refers to angioplasty or bypass surgery. So you may provide evidence from such procedures to the insurance company to support your claim.
Your longitudinal medical record should include electrocardiograph or electrocardiogram results, which are also referred to as stress tests. An electrocardiograph may be performed while the patient is exercising or at rest. An EKG records electrical impulses of your heart onto a strip of paper known as an electrocardiogram or tracing. An ECG may disclose important information such as the fact that your heart muscle is not receiving enough oxygen, resulting in ischemia.
You should also include the results of any exercise tolerance tests performed. Exercise tests are the primary method of testing used for determining the presence of myocardial ischemia, and for providing an estimate of your aerobic capacity.
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Required Degree Of Severity For Disability Benefits
Each of these types of cardiovascular conditions will qualify for monthly SSD or SSI disability payment if the supportive medical documents filed with the disability claim application demonstrate that the condition is severe enough to prevent you from earning above the programs income limit.
The experienced disability lawyers at Liner Legal Disability Law know exactly what medical details your condition must meet in order to permit you to receive disability benefits. Our offices staff is highly skilled in collecting all the medical records generated by your treating physicians, cardiologists, lab and imaging test results, and any opinions produced by consulting specialists.
Our experience dealing with complex medical terminology and physiological processes means that we can discuss your case in specific detail with any one of your medical team who may be able to further clarify your condition in a way that will increase your chances of being approved for benefits.
Occasionally, great doctors are less talented at reporting their findings. Clear, concise, definitive medical reports and opinions are extremely valuable when we prepare, present, and advocate the merits of your disability claim.
Measuring Severity of Your Heart Disease
Combinations of Impairments Can Qualify Close Cases
Skilled disability lawyers can identify these co-occurring impairments in your medical records and ensure that they are included as additional bases for your disability claim.
The Social Securitys Blue Book List Of Heart Disease Criteria
Rather than have an imprecise and inconsistent measure of what heart disease sufferer is entitled to receive monthly disability benefits, the government publishes a manual that disability lawyers refer to as the Blue Book. may be required to submit to an exercise tolerance test
Cardiovascular Related Impairments are addressed in Chapter 4 of the SSAs Blue Book and the category covers a wide range of causes for the heart disease that qualify for disability benefits:
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Do You Have A Heart Problem Get A Free Case Evaluation
If you have a heart condition and it is so severe that you will be out of work for at least 12 months, then you may want seek help from a disability attorney.
A disability lawyer will be able to know what heart conditions qualify for disability and will be able to advice you on what listing to match your symptoms under if you are unsure.
Bear in mind that you may still qualify for Social Security Disability benefits even if your heart problems do not fall strictly within the guidelines for total disability, so long as you can convince the Social Security Administration that your heart problems make it impossible for you to engage in any work.
In addition, you must show them that your heart problem makes training for a job other than your original impossible. A qualified disability advocate can help you determine whether you should pursue a Social Security Disability claim.
If you think you might qualify for Social Security Disability benefits based on a heart problem, the two people you should get in your corner are your doctor and a Social Security Disability attorney.
Your doctor will need to substantiate the medical information, as well as document what attempts are being made to control or improve your heart condition.
An attorney who specializes in Social Security Disability gives you the best chances of having your disability claim accepted, as well as helping you through the appeals process, if it should become necessary.
Heart And Lung Conditions As A Social Security Disability
The Social Security Administration recognizes certain conditions as qualifying disabilities:
- Congestive heart failure
- Lung cancer or mesothelioma
A thoroughly documented diagnosis by a reputable cardiologist or pulmonologist is sometimes sufficient to meet the criteria for Social Security disability eligibility, especially if the disease is advanced.
If your claim was turned down or if your impairment is borderline, the SSA will require additional documentation to accept that you are effectively disabled from working. We help clients ask their treating physicians the right questions and request the right tests or corroborating information:
- X-ray, MRI, CT scan, echocardiogram or electrocardiogram
- Cardiac stress tests or pulmonary capacity tests
- Relevant medical history family history of lung or heart disease prior stroke, heart attacks or acute asthma episodes previous catheterization or bypass surgery)
- Reported or verified symptoms shortness of breath, fatigue, angina chest pain, numbness, chronic cough
- Employment history and employment attempts