Approximately five million people in the U.S. are living with some degree of neurocognitive disorder. Neurocognitive disorder, also called cognitive disorder, is a group of conditions that significantly weaken a person’s mental functions; among those conditions are Alzheimer’s, Huntington’s disease, Parkinson’s disease, prion disease, traumatic brain injury and dementia/neurocognitive issues due to HIV infection.If you are suffering from the effects of neurocognitive disorder you may qualify for disability benefits.
These conditions affect an individual’s memory, attention span, perception, and learning ability.
People with neurocognitive disorder may also experience difficulty understanding language and have trouble in social situations and performing daily routine tasks. Neurocognitive disorder can be either major or minor in nature and though more commonly seen in older adults, a neurocognitive disorder can affect people of all ages and health backgrounds.
The most common cause of neurocognitive disorder is a degenerative condition that leads to damage to the brain and nervous system, such as Alzheimer’s, Parkinson’s disease, Huntington’s disease or multiple sclerosis, but for people under the age of 60 there are other causes and risk factors, including:
Traumatic brain injury
Too little oxygen in the blood
Too much carbon dioxide in the blood
Kidney or liver disease
Meningitis
Encephalitis (an inflammation of brain tissue)
Blood clots
Infections of the heart, blood, or brain
Complications related to cancer
Drug or alcohol abuse
Exposure to heavy metals such as lead or mercury which can damage the nervous system
Vitamin deficiency
If you are suffering from a neurocognitive disorder and have been denied disability don’t give up, almost 70% are denied initially! Just call 512-454-4000 for a free, no obligation consultation to learn what your options are. Have some questions? just give us a call, we love to help folks just like you!
Because many different things can cause neurological disorder and the condition affects different parts of the brain, symptoms vary from person to person and appear suddenly or over time.
The most common symptoms include:
Difficulty remembering and focusing
Headaches
Confusion
Difficulty planning and making decisions
Changes in an individual’s behavior
Increased anxiety and agitation
Vision problems
Difficulty performing daily tasks such as managing money and driving
Trouble with balance and walking
Difficulty with fine motor skills like buttoning a shirt or using utensils
Diagnosis of neurocognitive disorder will depend on the disorder, but may include neuropsychological testing, blood tests, CT scans, MRIs, an EEG, and spinal tap. Treatment depends on the cause of the disorder.
While some individuals only require rest and medication to relieve pain, others with major neurocognitive disorder experience severe symptoms throughout their lives that interfere significantly with their daily activities, both at work and at home. The most common treatments include:
Antibiotics
Medication to enhance memory,
Physical therapy
Occupational therapy
Speech therapy
Surgery
Family and caregiver support
How can I get approved for SSDI if I have a cognitive disorder?
Social Security recognizes neurocognitive disorders in its Blue Book under Section 12.02. Under this listing, Social Security evaluates disorders “characterized by a clinically significant decline in cognitive functioning.”
To qualify for SSDI under this listing, you must be able to show limitations in one or more of the following:
Learning and memory
Paying attention, listening to others
Inability to plan
Decreased judgment
Problems with walking, balance, or coordination
Problems speaking, recalling words, or misuse of words
Inability to determine appropriate behavior in social situations
You must also exhibit an extreme limitation of one, or marked limitation of two of the following:
Understanding, remembering, or applying information
Concentrating and maintaining pace when working on tasks
Interacting with others
Managing oneself in a work environment; i.e., understanding appropriate attire and behavior and being aware of safety hazards.
The Social Security Administration realizes that some individuals will not meet the above requirements because they live in a supportive and supervised situation such as an institution, a group home, or at home where their functional abilities appear better than they would be in real-life situations where the stress and demands on them would be greater.
In these situations, your neurocognitive disorder must be medically documented as serious and persistent over a period of at least two years and you must be receiving medical treatment, mental health therapy, and psychosocial support, or be living in a highly structured setting that diminishes the symptoms and signs of the mental disorder. You must have minimal capacity to adapt to changes in your environment or to handle demands that are not part of your daily life.
To evaluate your case, Social Security wants to see all relevant medical evidence you can provide about your disorder from your doctors and other medical providers, including:
Your symptoms and diagnosis
Your medical, psychiatric, and psychological history
Results of physical and mental status examinations
Imaging results and other laboratory reports
Medications you take, your response and side effects
Type, frequency, and effects of therapy you receive
Observations of how you function during exams and therapy
Information about your cultural background that may affect an evaluation of your disorder
Prognosis of your symptoms
Social Security may also seek information about your disorder and daily functioning from your family, friends and other people who know you and consider whether your statements and those from third parties are consistent with medical evidence provided.
Social Security is more concerned with your ability to function in a work-related setting than what type of neurocognitive disorder you have.
If your symptoms are not severe enough to satisfy the Blue Book listing, Social Security will consider your mental limitations in combination with your age, education, work experience and skills to determine if you have the ability to perform your previous job or any other job. Doctors working for Social Security will evaluate your mental impairments and complete a mental residual functional capacity form (RFC). Vocational analysts will then review the non-medical parts of your application together with the mental RFC. If Social Security cannot find a job that you can do given your impairments, you may still be approved for disability benefits even though your neurocognitive disorder does not satisfy the listing. This is called a medical-vocational allowance.
Your age or another medical condition may help you get approval.
Many individuals develop neurocognitive disorder at a later stage of their life.
Social Security follows a set of rules to determine when the agency believes an applicant can learn a new job; applicants who are 55 or older often fall under a grid rule, which means they are not expected to learn a new job. For example, a 55-year-old applicant who doesn’t have skills that could be transferred to another job might be found disabled. If you can’t go back to your old job, and you lack the skills to learn a new one, Social Security will likely grant you disability benefits.
You may also be eligible for Social Security Disability benefits if you have another medical condition, such as arthritis.
While one disorder may not meet the criteria of a listing in Social Security’s Blue Book, if you have more than one impairment, Social Security must consider how those combined health issues limit your ability to hold a job and perform necessary daily tasks.
You must also meet Social Security’s basic financial requirements.
The Social Security Administration also has basic financial requirements you must meet before you are eligible for Social Security disability benefits.
You must: 1) have a disability that has lasted, or is expected to last 12 months; 2) you must have worked in a job where you paid Social Security taxes long enough and recently enough; and 3) you must not earn more than Substantial Gainful Activity (SGA), which in 2023 is $1,470 per month for nonblind applicants and $2,460 per month for blind applicants.
What if I don’t qualify for SSDI?
If you don’t meet Social Security’s financial requirements for SSDI, you may be eligible for disability benefits through another Social Security program, like Supplemental Security Income (SSI,) or from long-term disability insurance acquired through your employer or a privately purchased policy.
SSI is a program that pays monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older. SSI is based on income instead of work credits, and is financed by general funds of the U.S. Treasury.
I have long-term disability insurance – should I file a claim?
Yes – if you have a long-term disability insurance policy, you should file a claim as soon as you become disabled.
Long-term disability insurance (LTD) protects your income if you are unable to work due to illness or injury and is purchased as part of a group employment plan or privately through an insurance company. Policies pay between 50-60% of your salary and benefits continue until you return to work or for the number of years stated in the policy. LTD coverage is good only as long as you are employed, however, so do not quit your job before you file a claim. Remember to check your policy’s definition of “disabled” as each policy will state the definition of “disabled” which is in use. Be aware that long-term disability insurance companies can require a claimant to apply for SSDI in addition to filing an LTD claim.
How do I file for Social Security Disability benefits?
You can apply for Social Security Disability benefits online, over the phone, or in person at your local Social Security Administration office.
If your application is denied, do not be discouraged – most initial applications are; you will have the opportunity to appeal. There are four steps to the Social Security appeal process:
File a Request for Reconsideration with the Social Security Administration to completely review the case.
If you don’t agree with SSA’s response to your Request for Reconsideration, you can request a hearing before an Administrative Law Judge (ALJ). ALJs are attorneys who work for the Social Security Administration; they review SSDI and SSI cases and either uphold or overturn decisions to deny SSDI or SSI benefits. If you are not represented by an attorney, you should obtain legal counsel at this critical point to raise your chance for success.
If an ALJ does not grant your claim, you can request that the Appeals Council review your case.
Federal Court review. The final step in the appeal process is filing suit in U.S. District Court.
Do I need a disability attorney for SSDI or SSI?
Applying for Social Security Disability benefits is a complex process and applicants with neurological disorder may experience particular challenges.
First, you may need the help of a family member or trusted friend. However, even with this support, you will likely need the guidance of an experienced Social Security Disability attorney. Your chances for approval will be greatly increased and you will avoid costly mistakes and delays. At each potential stage of the process, from the initial application stage, the reconsideration stage and the ALJ hearing stage, an attorney can assist you in completing the detailed forms and questionnaires required by Social Security, collecting and submitting relevant medical evidence, and preparing questionnaires for your doctors. At the ALJ hearing phase an attorney can not only continue to assure that the evidence is complete, but prepare you for questioning by the ALJ, prepare an argument on your behalf and question any doctors or vocational experts selected by the ALJ to testify at the hearing. At the Appeals Council and federal court level, a lawyer can present legal arguments to show your case was wrongfully denied. Fees charged by disability attorneys are regulated by federal law and are usually 25% of disability backpay you are owed. There are no out-of-pocket costs, and if you don’t win your case, you won’t be charged anything.
Do I need a disability attorney for a long-term disability insurance claim?
Filing a claim for long-term insurance if you become too disabled to work is equally complicated, whether you have a long-term insurance policy purchased through a private insurance broker or a group policy purchased with your employer.
The wording of policies can be confusing and the laws and regulations which affect the two types of LTD insurance differ in their procedures for filing claims and appeals. An experienced LTD attorney with thorough knowledge of ERISA laws and regulations will avoid mistakes and increase your chance of success. An attorney will act on your behalf, completing your application and filing your claim in a timely manner. They can also negotiate a settlement or file an appeal for you. If it becomes necessary to file suit, an LTD attorney can prepare your case against an insurer. Most LTD attorneys handle cases on a contingency basis and charge approximately 25%-40% of a claimant’s past due benefits. You do not pay an attorney’s fee unless the attorney wins your case.