Baton Rouge Social Security Disability Law Blog

In Louisiana and elsewhere, February is American Heart Month. The Centers for Disease Control and Prevention uses the month of February to educate the public on heart disease, risks for heart disease and ways to prevent it. If you are someone with a heart condition and it prevents you from working, some heart diseases qualify for Social Security Disability benefits.

According to the Centers for Disease Control and Prevention, cardiovascular disease is the leading cause of death in the United States. Every day 2,200 people die from cardiovascular disease and one in every three deaths is from heart disease and stroke. Clearly, heart disease affects many people in Louisiana and prevents many from working. Under Social Security Disability's list of impairments some heart conditions may qualify for disability benefits.

Social Security Disability classifies heart conditions in its list of impairments under the cardiovascular system according to its website. Social Security Disability defines cardiovascular impairment by any disorder that affects the proper functioning of the heart or cardiovascular system. The cardiovascular system includes veins, arteries, capillaries and lymphatic drainage. Social Security Disability recognizes cardiovascular impairments whether they are acquired or if the impairment is congenital.

To reduce the impact cardiovascular disease has on Americans, the Department of Health and Human Services launched the Million Hearts program last year. The program aims to prevent 1 million heart attacks and strokes over the next five years. The HHS is using two strategies to complete its goal: help people make healthier choices and improve care for those who need it.

Workers often file for Social Security Disability after they suffer a traumatic workplace injury and are no longer able to work. People in Louisiana who are no longer able to work deserve the benefits they are entitled to, but sometimes there is an overlap in public benefits and the overlap may affect the amount in Social Security Disability benefits the worker receives.

Disability payments from private sources will not affect a worker's Social Security Disability benefits. Examples of private sources are private insurance benefits or a private pension. In comparison, workers' compensation and other forms of disability benefits provided by a public source may reduce a worker's Social Security Disability award.

Workers' compensation benefits are generally paid by federal or state workers' compensation agencies, insurance companies on the behalf of employers or employers. Disability payments for medical conditions that are not job-related may also impact a worker's Social Security Disability award if the disability payment is paid by a public source like a federal, state or local government. Examples of such benefits are state temporary disability benefits, state or local government retirement benefits based on disability and civil service disability benefits.

Some public benefits will not affect a worker's Social Security Disability award. If a worker receives public benefits like Veterans Administration benefits, state and local government benefits where Social Security taxes were deducted from earnings or Supplement Security Income, the Social Security Disability benefit amount may not be impacted.

When a person in Louisiana applies for Social Security Disability but is denied, the applicant may appeal the decision and ask the Social Security Administration to review the case. The Social Security Administration reviews the entire decision during an appeal, and there are four general levels in the appeals process.

If an applicant wishes to appeal a decision, a written request for an appeal must be made within 60 days from the date the initial decision letter is received. The Social Security Administration assumes an applicant receives the letter five days after the date on the letter. If an applicant is denied for medical reasons, the applicant can request an appeal online.

After an appeal is requested, the applicant will go through the first level of the appeals process which is called reconsideration. During reconsideration an individual who was not a part of the applicant's first decision completely reviews the applicant's claim. All of the evidence from the original claim as well as any additional evidence is reviewed during the reconsideration. The majority of reconsiderations do not require the presence of the applicant. If the applicant disagrees with the reconsideration decision, the applicant may ask for a hearing.

Hearings are led by an administrative law judge who did not participate in the original decision or the reconsideration. The applicant is informed of the time and place of the hearing by the administrative law judge and the hearing will be held no more than 75 miles from the applicant's home.