Dementia is a very difficult and disabling condition. There’s no question about that. It can be extremely painful for those going through it and for those who love them. If you live in Texas and you or someone you love struggles with dementia, you may wonder if this condition qualifies for disability benefits. Let’s take a closer look at the law together.
How Does the Social Security Administration Determine if a Condition is Disabling?
To determine whether a recipient qualifies for disability benefits, the Social Security Administration requires that they provide evidence to establish at least two factors. First, the condition must be a qualifying medical condition. Secondly, the condition must render the applicant disabled for at least one continuous calendar year or more.
What is a “Qualifying Medical Condition?”
In making this determination, the Social Security Administration will typically consult its listing of impairments, more commonly called the Blue Book. The Blue Book is a guide that contains a variety of conditions as well as their accompanying symptoms.
Fortunately, however, dementia is a condition included in the Blue Book, as is Alzheimer’s disease and other conditions closely related to dementia. These conditions are included in the neurodegenerative disorder section of the Blue Book, which recognizes a variety of disorders of the central nervous system.
Some common symptoms of dementia include:
- Changes in ability to speak, read, or write
- Memory loss and confusion
- Getting lost despite being in familiar surroundings
- Having hallucinations or experiencing feelings of paranoia
- Acting impulsively
- Taking longer than usual to complete routine tasks
- Loss of interest in daily activities
- And a variety of other symptoms.
There are a variety of different types of dementia. In addition to Alzheimer’s disease, other types of dementia include frontotemporal dementia, Lewy body dementia, and vascular dementia, among others.
How Long Has The Disability Lasted?
In addition to being a qualifying medical condition, the condition must also render the individual disabled for at least one continuous calendar year or more. Generally, dementia is a very difficult condition that progresses in severity over time, so those who have this condition are often able to meet this prong of the test.
In fact, early-onset Alzheimer’s disease can be so severe that the Social Security Administration has recognized that fact by adding it to its “compassionate allowances initiative.” This initiative allows for faster payment of benefits to those with qualifying conditions. Mixed dementia and primary progressive aphasia are also mental conditions that are included on this list.
What Types of Benefits Are Available?
If you can establish through sufficient medical proof that you have dementia and that it has kept you from working for a year or more, you may be approved for disability benefits. Depending upon your particular situation, you may qualify for Social Security Disability Insurance (SSDI) benefits, Supplemental Security Income (SSI) benefits, or both. As these benefits are federal benefits, they are available to qualifying individuals in Texas, as well as in all other states across the country.
Generally, SSDI benefits are available to individuals who are “insured.” This means that they worked a job for a sufficient amount of time through which they regularly paid a portion of their salary into the Social Security system. To receive SSI benefits, by contrast, an applicant need not be insured. Instead, they must have income and resources below a specific limit established by the Social Security Administration.
The amount of benefit you will receive will depend not on your condition but on a variety of other factors, including working and earning history and income and resource level, among others. Determining exactly how much you might qualify for is a matter best discussed with an attorney. The right attorney will be able to review your circumstances and give you advice that is personalized to your situation.
Given the cognitive challenges often experienced by individuals with dementia, you may need help from a family member or friend as you go through this process. While emotional support is essential, having the legal support you need on your side is also important. The law can be complex and overwhelming, even when you are functioning at your best from a mental perspective. Having mental challenges can definitely make it far more difficult. Fortunately, at Muse Disability, we are here to help.
Muse Disability – Here For You
If you or someone you love is living with dementia, you need and deserve to focus on being able to live life to the fullest as much as you can despite the difficulties you may have. The last thing you need is to worry about how you will pursue the disability benefits you need and deserve. Instead, you can leave those matters to us. At Muse Disability, our knowledgeable and experienced team of attorneys knows and understands every aspect of the law pertaining to disability benefits. We’re here for you and will always pursue the best legal strategies on your behalf. Don’t wait another day to get started. Give us a call today. We look forward to speaking with you soon.