Disability and Social Security Issues
40. Is lupus included in the Americans with Disabilities Act (ADA)?
The language of the American's with Disabilities Act was written in broad terms and therefore, most illnesses are included. Contact the Job Accommodation Network to learn more about the ADA, how it applies to your work situation and what is required of the employee and employer to be in compliance with the law.
See: U.S. Department of Justice Americans with Disabilities Act home page.
The Job Accommodation Network (JAN) is a free service of the U.S. Department of Labor, Office of Disability Employment Policy, and provides information about job accommodations, the Americans with Disabilities Act (ADA), and the employability of people with disabilities. You can call the JAN via toll free numbers and speak to a counselor about your situation.
41. Can people with lupus qualify for Social Security Disability?
Lupus affects everyone differently. Not everyone is disabled by lupus. A diagnosis of lupus does not automatically entitle a person to disability benefits. The Social Security Administration recognizes systemic lupus erythematosus as a potentially disabling illness and includes SLE in their listing of impairments.
What do I need to do to apply?
First, ask your doctor if in his/her opinion you are disabled according to the definition used by the Social Security Administration.
Disability definition: the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
Second, contact your nearest Social Security Administration office and request all information (brochures/pamphlets) and forms to apply for SSDI (Social Security Disability Insurance). They are listed in your phone book. You also can call their toll-free number, 1-800-772-1213, between 7 a.m. and 7 p.m. any business day.
Information is also available online at:
Social Security Disability Program: Disability Information
How do I know if I am eligible for Social Security Disability?
SSDI is an insurance plan supported through payroll deduction (FICA withholding tax) that covers most workers in the U.S. Eligibility is based on prior work. You must be under age 65 and have worked long enough and recently enough to be eligible to apply. The Social Security Administration's web site has a Benefit Eligibility Screening Tool (BEST) that can help you identify all the benefits you may be eligible for.
What if I am disabled but have not worked long enough or recently enough to be eligible for SSDI?
There is another disability program, Supplemental Security Income (SSI), which provides benefits to the needy and disabled who have not worked long enough or recently enough to be eligible for SSDI.
I've heard that it is almost impossible to get disability. Is this true?
Applying for and receiving Social Security Disability can be difficult and time consuming; it can take up to a year or longer. You must prove your disability. It requires work on your part to manage your claim and to make sure that your application is COMPLETE. It is crucial that you provide thorough information so the people who review your claim fully understand the impact your lupus, and other illnesses, have on your ability to work, and your ability to perform daily functions at home. The Social Security Administration (SSA) must justify the disability payments they make. If the forms submitted do not prove to their satisfaction that you are disabled, then the SSA can not justify paying benefits, and you will be denied. On the other hand, a claim that is well documented and supported with complete information likely will provide the justification needed for payment of benefits.
A denial is only a notice that the information you provided does not prove you are disabled. There is an appeals process. We encourage everyone to follow thorough with the appeal. It is an opportunity for you to submit further information to prove you are disabled.
To assist people in completing their application for disability, the Lupus Foundation of America has available the Disability Handbook for Social Security Applicants. Written by attorney Douglas Smith, this recently revised and expanded Disability Handbook shows how to prove to the Social Security Administration that you qualify for benefits. The Disability Handbook for Social Security Applicants is written for the claimant (disabled adult workers under the age of 65) to use as a guide when applying for Social Security Disability Insurance (SSDI) benefits. It is also useful for disabled adults claiming Supplemental Security Income (SSI). This user-friendly softbound handbook walks you through the disability application process and includes all the worksheets needed to complete an application in a timely manner.
The handbook is available through the LFA Store, and may be available through your nearest Chapter at a discount.
I've just been denied disability benefits by Social Security. What do I do?
A denial is only a notice that the information you provided so far does not prove you are disabled. There is an appeals process. We encourage everyone to follow through with an appeal. It is an opportunity for you to submit further information to help prove you are disabled. You must appeal within 60 days.
If your first appeal is denied, then you can pursue a second appeal where you will have a hearing before an administrative law judge. We generally recommend that if you progress to this level that you have an attorney familiar with disability law represent you.
How can I find an attorney who specializes in disability law?
The National Organization of Social Security Claimants Representatives (NOSSCR) has a geographic listing of lawyers that specialize in disability cases. They can refer you to an attorney in your area. You may reach them during Eastern business hours by calling: 1-800-431-2804 http://www.nosscr.org/