DEMENTIA & DISABILITY BENEFITS
WHAT IS DEMENTIA?
Dementia is not a specific disease. Instead, dementia is a group of conditions that effect your brain’s neurological health. For example, you may have dementia if you have ongoing memory loss and poor judgment. Additionally, dementia usually involves a progressive decline in your cognitive function, memory, and language skills. Dementia interferes with your ability to perform daily functions. Also, it can also affect your personality.
In the United States alone, there are more than 3 million cases of dementia. According to the World Health Organization, there are currently more than 55 million people living with the disease in the world. It is a common disease. Obviously, the cost of the condition grows as the world’s populations ages. When you have dementia, the cost to you and your family is high.
Dementia symptoms can keep you from working. However, for the SSA to pay you benefits, your condition needs to prevent you from working for more than 12 months. If you cannot work 40 hours a week due to your dementia symptoms, then you should apply for Social Security Disability (SSD/SSDI) or Supplemental Security Income (SSI) benefits.
THE DIFFERENCES BETWEEN SSDI AND SSI BENEFITS
Social Security Disability Insurance (SSDI):
SSDI benefits are for those who have worked and can no longer work at any job due to their medical condition. The amount of money you will receive from SSDI benefits is based on how much Social Security tax you have paid during your work history.
To qualify for SSDI, you must have earned enough “work credits” to qualify. A work credit is an amount of taxable income. You can earn up to 4 work credits per year. The amount of work credits you will need will depend on how old you are when you apply. If you haven’t earned enough work credits for your age at the time you apply, then you can only file for Supplemental Security Income benefits.
SSDI benefits come with Medicare. Learn information about Medicare benefits.
Supplemental Security Income (SSI):
SSI is a needs based benefit. It is for those people with little to no income, such as children and the elderly. Anyone who makes more than a certain amount of money per month cannot receive SSI benefits. The SSA counts the income of those in your house, not just your income and assets.
If you have a spouse who earns more than $4000 a month, for example, then that income will prevent you from getting SSI benefits. You cannot be paid SSI benefits, no matter how severe your medical condition, if you do not meet the income and asset rules for SSI. SSI benefits come with Medicaid. Learn more information about Medicaid benefits.
You can file an application for both SSDI and SSI benefits online at Social Security’s website. Applying is easy to do. However, if you need help, then we can help you. Find out about filing for SSD benefits.
DEMENTIA STATISTICS WORLDWIDE
The Economist reports there are so many people living with dementia that there is “no way they can be humanely looked after.” Dementia causes people to lose the ability to care for themselves. Globally, the Economist magazine states, many people require constant care long before they die. This has a huge impact on people with dementia, but also for those who provide their health care.
Additionally, throughout the world, dementia mainly impacts women. Sixty-five percent of total deaths due to dementia are women. Similarly, the life years lost due to dementia are roughly 60% higher in women than in men. Additionally, women provide the majority of care for people living with the disease, accounting for 70% of carer hours.
Once a person reaches 69 years of age, the risk of developing the disease doubles every five years. Currently, over 55 million people have the disease. Therefore, that number will rise to 82 million people by 2030. That number will reach 150 million people by 2050. The reason the number is expected to double is that global populations are growing and people are living longer. Dementia can impair you at any age, but it mostly effects older people.
CAUSES OF DEMENTIA
A variety of medical conditions can cause dementia. The most common conditions that cause dementia are Alzheimer’s disease, traumatic brain injuries, and stroke. Learn information about stroke and SSD benefits. Although dementia is more likely to occur in elderly patients, the onset of symptoms can occur at any age.
Your doctor can send you to an expert who can give you a special evaluation to determine whether you have dementia. If you believe you have the following signs and symptoms, then ask your doctor to test you.
EARLY SIGNS OF DEMENTIA
SHORT TERM MEMORY CHANGES
Having trouble with memory can be an early symptom of dementia. The signs of dementia are often subtle and tend to involve short term memory. A person with dementia may be able to remember events from their past that took place years ago, but not what they had for lunch.
A person with dementia may also display other changes in their short-term memory, such as:
- constantly forgetting where they placed items
- struggling to remember why they entered a particular room
- forgetting what they were supposed to do on any given day
Many of us experience these types of memory issues. However, you should be concerned if you experience these impairments on an ongoing basis. If you have memory problems from traumatic brain injury, then you can learn about IQ issues and SSD benefits.
DIFFICULTY FINDING WORDS
Another early symptom of dementia is difficulty with communication. If you have dementia, then you may have a hard time when you comminicate. Or, you may not be able to find the right words to express yourself. Your friends or family may tell you that you stop in the middle of a sentence and don’t know how to continue. You may also find yourself doing this. Symptoms like this also occur if you have a Traumatic Brain Injury. Learn about Traumatic Brain Injury symptoms.
CHANGES IN MOOD
A change in mood is also common with dementia. If you have dementia, then it may not be easy for your to recognize your mood changes. However, other people, like your family or friends, may tell you that your mood is abnormal for you. Depression, for instance, is common in the early stages of dementia. Find out about the symptoms of Depression.
UNUSUAL CONFUSION
If you are in the early stages of dementia, then you may often feel confused. For example, you may have trouble remembering faces or phone numbers you have always known. You may also have difficulty remembering what day or month it is. It is also common to become lost while driving in a neighborhood know well. Similarly, you may have trouble finding your own home after you leave the store.
An example of dementia’s mental confusion from one of our clients stand out. In court, the judge asked him if he had trouble finding his car when he came out of the store. “No,” he said, “I have trouble remembering what kind of car I drive. Before I look for the car, I have to call my daughter and ask her what kind of car I drive. Once she tells me, then I go look for it. If I find it, I can drive home. Sometimes, she has to come to store and help me find the car.” This is an example of how the disease causes confusion and memory problems.
THE STAGES OF DEMENTIA
EARLY STAGE
Tthe early stage of dementia is often overlooked because the onset is gradual. Common symptoms may include:
- forgetfulness
- losing track of the time
- becoming lost in familiar places.
MIDDLE STAGE
As dementia progresses to the middle stage, the signs and symptoms become more obvious. The middle stage symptoms may include:
- forgetting recent events and names
- becoming confused while at home
- difficulty with communication
- needing help with personal care
- experiencing behaviour changes, including wandering and repeating questions
LATE STAGE
The late stage of dementia is one of total dependence. Memory disturbances are serious and the physical signs and symptoms are very obvious and may include:
- becoming unaware of the time and place
- difficulty recognizing relatives and friends
- need for assistance with self care
- difficulty walking
- behaviour changes, such as aggression and paranoia
TREATMENT FOR DEMENTIA
There is currently no treatment available to cure dementia. Anti-dementia medicines and are primarily used for Alzheimer’s disease. However, numerous new treatments are in various stages of clinical trials.
Additionally, there are many options to improve the lives of people with dementia, the people who care for them and their families. The principal goals for care are:
- early diagnosis in order to promote optimal disease management
- promote your physical health, activity and well being
- identify and treat other physical illness
- understand and manage behavior changes
- provide information and long term support
It is important when considering treatment options that you talk with your doctor. Your treatment options need to work for your and your family. You should also consider long-term care options. Your family may not be able to care for you on their own.
SSA USES LISTING 12.02 TO PAY BENEFITS FOR DEMENTIA
The listing the SSA uses for dementia is Listing 12.02. To meet listing 12.02, you need medical evidence showing significant decline under the Part A criteria. Next, you will need your doctor to explain in writing that you have one extreme or two marked impairments under Part B. Learn about proving the Part B criteria. In the alternative, you can also win SSD benefits by meeting the Part C criteria.
12.02 Neurocognitive disorders, satisfied by A and B, or A and C:
- Medical documentation of a significant cognitive decline from a prior level of functioning in one or more of the cognitive areas:
AND
OR
- Your mental disorder in this listing category is “serious and persistent;” that is, you have a medical history of the existence of the disorder over a period of at least 2 years, and there is evidence of both:
- Medical treatment, mental health therapy, psychosocial support or a highly structured setting that is ongoing and that diminishes the symptoms and signs of your mental disorder; and
- Marginal adjustment, that is, you have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life.
If you have symptoms like those in listing 12.02, then you meet the SSA rules. Therefore, you should be paid benefits. SSA considers dementia in a different category than intellectual issues. Find out about IQ issues and intellectual disability.
DEMENTIA AND COMPASSIONATE ALLOWANCES
The Social Security Administration has a program called the Compassionate Allowances (CAL) program. The Compassionate Allowances (CAL) program is a way to speed up your Social Security Disability Insurance (SSDI) and Social Security Income (SSI) claim.
This program is for those whose medical conditions are so severe that they clearly meet Social Security’s definition of disability. The following diseases are currently found under the Compassionate Allowance program:
- Early-onset Alzheimer’s disease
- Adult-onset Huntington disease
- Creutzfeldt-Jakob disease (CJD)
- Frontotemporal dementia (FTD), Pick’s disease – Type A
- Lewy body dementia
- Mixed Dementia
- Primary Progressive Aphasia (PPA)
- Progressive Supranuclear Palsy (PSP)
- The ALS Parkinsonism Dementia Complex
COMPASSIONATE ALLOWANCE FOR EARLY-ONSET ALZHEIMER’S DISEASE
Early-onset Alzheimer’s Disease (AD) is the diagnosis of Alzheimer’s disease for a person who is younger than age 65. Five to ten percent of all patients with Alzheimer’s disease are early onset cases.
The beginning of early onset Alzheimer’s disease is subtle. Memory problems are usually the first sign. The next symptoms are learning and language issues. Because people with early onset AD are often working, it is not unusual for the disease to first show itself as a decline or loss in the ability to do work tasks.
In the earlier stages of AD, depression is a common complaint. In later stages, there are other severe symptoms. For example, you may experience personality and mood changes. Also, you may experience behavior changes, like feeling anger or wanting to withdraw from others.
MIXED DEMENTIA – THE COMBINATION OF VASCULAR DEMENTIA ALZHEIMER’S DISEASE
Mixed Dementias are conditions with more than one cause for the dementia. The combination of Vascular dementia and Alzheimer’s disease (VaD) is the most common form of mixed dementia.
The vascular component includes strokes and ischemic vascular disease. These may cause major focal neurological deficits such as aphasia, apraxia, or agnosia. Other motor problems may occur. For example, you could experience paralysis, gait problems, or Parkinsons disease.
You will know if you have the Alzheimer’s component because you will have a decline of your cognitive abilities in relation to your previous level of function.
Mixed dementias are defined by ongoing intellectual decline that occur in at least two spheres of cognition. For example, you would need decline in two of the following areas: memory, orientation, language, attention, executive abilities. You may may also have motor and gait issues. Likewise, you may have depression, sleep trouble, and incontinence.
DIAGNOSIS OF MIXED DEMENTIAS
There is no special test for the diagnosis of Alzheimer’s disease. Diagnosis can only be proven by brain biopsy or by an examination of the brain after death. Neuroimaging, like a CT scan or MRI, is useful to show vascular lesions, such as a stroke. Imaging is also helpful because it can exclude other causes of dementia.
Individuals with mixed dementias experience a gradual but ongoing decline in cognitive function over a period of many years, usually about a decade. The vascular component of the disease may be marked by shorter episodes where the disease becomes worse.
There is no treatment to slow down the disease of Alzheimer’s mixed dementia. Doctors can only treat the symptoms. Treatment may include drugs such as antipsychotics. Other treatment includes sedatives and antidepressant drugs. Managing high blood pressure through diet, exercise, and medication decreases your risk for the disease. This is the most effective approach to prevent brain stroke and mixed dementias.
WHAT IF YOUR DEMENTIA DOESN’T MEET SSA’S LISTING?
Can you still win SSD and SSI benefits if your dementia doesn’t meet an SSA listing? The answer is yes. There are a number of ways to still win benefits, even if your medical condition doesn’t meet a listing.
For example, you may have more than one medical condition. Perhaps you have dementia, depression, and anxiety. Those three mental conditions, when combined together, can “equal” a listing. That means when you combine the symptoms of all three conditions together, they are as severe as meeting a listing. Therefore, equaling the listing is another way to win benefits.
Additionally, even if you don’t meet or equal an SSA listing, you can also win benefits by proving that you cannot work at your past job or any other job. The SSA will look at your residual functional capacity (RFC) to determine if you can work your past job or any other job. If you cannot work at any job in the national economy, then you will win SSD benefits.
The SSA will use the Medical Vocational Guidelines, which looks at your age, education, work experience, and your RFC, to determine if you qualify for benefits. The older you are, the less likely you are to be able to find a new job. Therefore, the SSA takes your age into account when they apply the GRID rules to your case.
HIRE AN ATTORNEY WITH EXPERIENCE
If you cannot work, then your SSD benefits will dictate the money you have to support yourself in the future. Likewise, it will impact the money you need to support your family. Clearly, filing for and being paid benefits is crucial.
Therefore, you need to hire a law firm that cares about your future benefits. We are one of the best Social Security firms in the country. Also, we are one of the best Social Security law firms in Las Vegas, Nevada and Salt Lake City, Utah. Additionally, we represent clients in Idaho. Learn about Idaho SSD benefits.
The lawyers at our law firm are also members of the National Organization of Social Security Claimant’s Representatives. Learn about Utah SSD benefits. Nevada SSD benefit information is also on this website. If you are from California, then you might want to know we have California SSD benefits information. Additionally, if you have questions about Colorado SSD benefits, then we can help you too. We can represent you no matter where you live.
HOW MUCH DOES IT COST?
If you hire us to help you with your dementia case, then how much is the attorney fee? It is 25% of your back benefit. But, the fee is capped at $7200. You do not pay more than the cap. And, 25% is usually less than the $9200 cap. You will pay either 25% of the back benefit or the $9200 cap. You pay whatever is the lesser amount.
For example, if your back benefit was $100,000, our attorney fee would be $9200, not $25,000. Or, if your benefit was $10,000, then you would pay 25% of the back benefit. That would be $2500.
If there are costs in your case, then you pay for those costs. But the costs are usually less than $100. You must also pay to obtain a copy of your medical records. The cost of your medical records is whatever your doctor charges for them. You owe costs whether we win or lose your case. In order to hire most lawyers, you have to pay a fee upfront. However, you can’t do that because you don’t have a job. That is why you only pay an attorney fee to us if we win your SSDI and SSI case.
CANNON DISABILITY LAW’S ATTORNEYS AND STAFF
At Cannon Disability Law, we can help you file for SSD benefits if you have dementia that keeps you from working. In our office, we have lawyers and staff who will help you complete your application. Usually, we help you file your application online at the Social Security website. If you receive a denial, then we can help you appeal it.
Likewise, if you have an SSA hearing, then we can represent you at your hearing before a judge. One of the things we do is help you testify at your hearing. We meet with your before the hearing. At the meeting, we talk about how to answer questions in court. We also let you know what kind of questions you will be asked. If your dementia is too severe for you to answer questions, then we can help your family testify for you. Learn more about your Social Security hearing.
There are many law firms that claim they practice Social Security law. However, most of those firms do other types of cases. For example, some firms practice personal injury or Worker’s Compensation law. We don’t do that. Our firm only takes Social Security cases. We don’t practice any other kind of law. Our firm believes it is important to focus only on Social Security cases. Find out about how long an SSD case takes.
EXPERIENCE WINS SSD & SSI BENEFITS FOR DEMENTIA
It is hard to trust your future to a lawyer you don’t know yet. That is why our website includes information about our attorneys. Dianna Cannon has been helping her clients win benefits the past 30 years. She has written a book about Social Security law. Brett Bunkall and Andria Summers have over 30 years of combined legal experience.
Our attorneys and staff work hard for our clients every day. Our whole legal staff focuses solely on Social Security cases. Find out more about our lawyers and staff on our About Us page.
The best thing about hiring us is we take care of your case. This is particularly important if you are in the later stages of dementia. For example, we have lawyers and staff who will help you apply for SSD and SSI benefits. We can help you apply online at the Social Security website.
If you need help filing out SSA’s paperwork, then we can help. Also, we can help you collect your medical records. We also submit your records to the SSA. Likewise, we appeal any SSA denial. If you receive a denial, then we request your hearing. After that, we prepare you for court. You will testify in court as a witness. If you need other people to testify on your behalf, we will help them too.
We want the Social Security appeal process to be easier for you, so you don’t have to worry. You have enough to worry about when you are dealing with your symptoms. Contact us today. We will take care of winning your dementia SSD benefits.
