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LIVER TRANSPLANT BENEFITS

CAN YOU GET DISABILITY BENEFITS FOR A LIVER TRANSPLANT?

A liver transplant is a life saving procedure that can offer hope to those suffering from liver failure. However, the journey does not end with the surgery. Recovery can be long and complex. Recovering from a liver transplant is one of the most difficult challenges one can face. For example, recovery can mean frequent doctor visits, expensive medications, and a months or years of recovery time.

Many people find themselves unable to work during this period. They also struggle to pay medical expenses. If you have had a liver transplant, then you may qualify for Social Security Disability (SSD) benefits. SSDI and SSI benefits may provide important financial support. Understanding SSA’s rules and application process is the key to an award of benefits.

The SSD law firm of Cannon Disability Law wants to help you. We want you to win the benefits you need and deserve. Contact us if you need SSD benefits for a liver transplant. You can contact us for free. There is no obligation to become our client when you call.

Liver Transplant is surgery to remove your diseased or injured liver and replace it with a healthy liver from another person, text concept background

HOW TO APPLY FOR SSDI & SSI BENEFITS FOR A LIVER TRANSPLANT

There are two types of SSA benefits:  Social Security Disability Insurance benefits (SSDI) and Supplemental Security income benefits (SSI). If you are unable to work due to your liver transplant, then the SSA should pay you benefits. The SSA pays a monthly benefit that replaces your income.  Your monthly SSDI payment is based on your past earnings. SSDI benefits come with Medicare, which is a form of health insurance. Learn about Medicare benefits.

INFORMATION ABOUT SSI BENEFITS

SSI benefits are different than SSDI benefits. They are a needs based benefit. It is for people with little to no income who have a disability, such as children or people who have never worked. Anyone who has income or assets beyond a certain level cannot receive SSI benefits. The SSA counts the income of those in your house, not just your income. You can get SSI on its own or in combination with SSDI, if your monthly SSDI benefit is a low amount of money.

It is also a benefit you can receive if you have never had a job or even if you have only worked for a short period of time. In order to be paid SSI benefits you must meet SSA’s income and asset rules. SSI benefits, however, come with Medicaid benefits which provides health insurance. However, you must also meet your state’s Medicaid income and asset rules. Read information about Medicaid benefits.

THE WORK CREDITS YOU NEED TO QUALIFY FOR SSDI BENEFITS

To win SSDI benefits, you must earn enough work credits to qualify. You must have held a job in the past ten years where you paid taxes into the Social Security system.

Additionally, the amount of income you need to earn work credits changes every year. However, it is not a very high amount of money. Every year of work earns a maximum of 4 credits per year. One for each quarter of work. For example, in 2025, you need to earn $1810 in covered earnings to earn one Social Security credit.

The number of work credits you need to qualify for SSDI depends on the age you are when you file for benefits. You can review your work history to find out how many  you have. In order to review your work history, create a MySSA account on Social Security’s website. It only takes about five minutes to create an account and then you have access to your personal earnings.

You may already know that liver disease can impact your ability to work. Likewise, pain can make it difficult to concentrate at work. The symptoms can interfere with your ability to be on time. Also, they can make you call in sick to work. You may have already been fired from your job.

To get Social Security benefits, you will need ongoing treatment for your liver. Ongoing treatment and then a liver transplant is the evidence that will prove your case to the SSA. Remember, the burden to prove you should be paid benefits is on you. Therefore, make sure you submit all of your medical records to the SSA.

LIVER TRANSPLANT EQUALS 12 MONTHS OF DISABILITY BENEFITS

According to SSA’s rules, if you undergo a liver transplant then you automatically qualify for disability benefits. You can receive SSD benefits for 12 months after the date of the surgery, as long as you don’t return to work. During the 12 month after surgery, the SSA assumes the recovery process prevents you from working.

However, after the first year, the SSA will decide whether you are still disabled. If you want your benefits to continue, then you must show that symptoms from your liver transplant make it impossible for you to work. Common issues that help you qualify for ongoing benefits include organ rejection and chronic fatigue. Additionally, other issues may include frequent infections and the side effects from your medications.

These medications often cause nausea, muscle weakness, or trouble with concentration. The SSA will consider all of these factors when they evaluate your claim following liver transplant. The SSA must always consider all of your symptoms and multiple disabilities.

WHAT HAPPENS AFTER 12 MONTHS?

Twelve months after your liver transplant, the SSA will review your medical records and decide whether you can return to work. Work has a specific definition for the SSA. You must be able to perform substantial gainful activity (SGA). In 2025, the SSA defines SGA as earning $1,550 per month or more. This means if you are unable to earn that amount due to your medical condition, you may still qualify for benefits.

The SSA will rely heavily on your medical records and statements from your treating doctors to make this determination. Therefore, the opinion of your doctor about your ability to work is critical. So, it is important to keep them informed about the physical and mental limitations you experience.

YOU MUST FILE AN APPLICATION TO GET SSD BENEFITS

If you have a liver transplant and you fail to file an application for Social Security Disability benefits, then the SSA will not award you benefits. Many people think that the SSA will pay them benefits if they were disabled in the past. That is not true. If you don’t file an application for SSDI and SSI benefits, then you don’t get any money. Disability benefits are tied to the date of your application.

For example, let’s say you have enough work credits to be eligible for SSDI benefits. You have liver failure and undergo a liver transplant on January 1, 2023. However, you think you are going back to work a few months after surgery. But you don’t to go back. Two years go by and you still aren’t working, so you decide to file an application for SSDI benefits in January 2025. You think the SSA will pay you benefits back to the date of your liver transplant. But you are wrong. SSDI benefits can only go back in time to one year prior to the date of application.

Therefore, you do not qualify for the 12 month period of disability following a liver transplant. Even if the SSA finds you disabled due to your ongoing symptoms, you still will only qualify for benefits one year prior to the date you apply. The SSA can only pay you benefits back to January 2024.

YOU MUST ALSO FILE AN APPLICATION TO GET SSI BENEFITS

In order to get SSI benefits, you must also file an application. SSI benefits are also disability benefits, but with a different wrinkle. SSI benefits do not go back in time at all. So, in the above scenario, you would not qualify for the 12 month period of benefits.

Additionally, when you file your application for SSI benefits in January 2025, that is when you become eligible for benefits. Of course, you will still have to prove you cannot work at any job due to your liver transplant symptoms. Also, you will need to prove you meet the income and asset rules for SSI benefits. Learn about SSI benefits before you put in an application.

SSA LISTING 5.09 FOR LIVER TRANSPLANT

If you have a liver transplant, then the SSA will use Listing 5.09 from their “Blue Book.” The Blue Book is the SSA’s list of disabilities. To win benefits your medical condition must meet a listing under step three of the SSA’s review process.  In this case, it is very simple to meet a listing. The listing states:

LISTING 5.09  Liver transplant:  Consider under a disability for 1 year from the date of the transplant; after that, evaluate the residual impairments.

Therefore, the SSA will award benefits to you for one year for at least 12 months following your liver transplant. This one year period allows for the recovery process from the transplant. It also considers the risk of problems such as organ rejection and infection. After the 12 month period ends, the SSA will review your condition.

HOW TO PROVE YOUR SSD BENEFITS SHOULD CONTINUE AFTER THE 12 MONTH PERIOD

The burden of proof is on you to prove that you cannot return to work one year after your liver transplant. To prove you cannot return to work you will need medical records that document ongoing issues after the transplant. For example, you may still be suffering from severe fatigue. Likewise, medical records could show that you are still struggling with the side effects of medications that you take to keep you from rejecting the new liver. You may also have other symptoms or issues that relate to your liver transplant. But not all medical records need be about the transplant.

For example, if you have other medical conditions, like diabetes or severe depression, the SSA should also review those records. Therefore, get treatment for all of your conditions following your liver transplant.

Your medical records should include progress notes from your doctors. These progress notes should discuss any ongoing medical issues after the transplant. Also, they should go into detail about side effects from medications. If possible, your doctor should write a letter to the SSA about how these issues impact your ability to work. For example, if you cannot stand or lift, then your doctor should write this down. Additionally, fatigue is a common symptoms after a liver transplant. Have your doctor state that you need to lay down every day during working hours.

You should ask your doctor to complete a residual functional capacity (RFC) assessment. This evaluation discusses your ability to perform work activities like standing, walking, and following instructions. Find out how RFC, along with age, can keep you from working. Also, learn about SSA’s Medical Vocational Guidelines.

OUR LEGAL EXPERTS HELP YOU WIN BENEFITS

If the SSA needs additional information, then they may send you to an exam with one of their doctors. Learn what to expect at the SSA’s doctor exam. The SSA will also consider descriptions about your fatigue and symptoms from your family and friends. Find out what types of evidence the SSA must consider. If you have a lawyer with experience, then they can help you develop the evidence in your case.

Our SSD law firm understands how difficult it is to recover from a liver transplant. Additionally, we know how difficult this can be while dealing with the financial stress of being unable to work. Our team has over 30 years of experience helping clients win their SSD benefits. We have won over $100 million in benefits for our clients. Therefore, we know how to build a strong case that you deserve benefits.

Our legal experts can help you file your application. We can appeal an SSA denial. Also, we will gather your medical evidence. We work closely with your doctors to ensure that your medical records explain why you cannot work. Most importantly, we fight for your rights every step of the way. This allows you to focus on your health and recovery from your liver transplant.

HIRE THE BEST SSD LAW FIRM TO WIN SSD BENEFITS

Recovering from a liver transplant is a challenging journey. But financial support through SSD benefits can ease the burden. Understanding the SSA’s rules and thoroughly presenting your claim, you improve your chances of winning benefits. Remember, you don’t have to do this alone. You can hire our legal team to support you and fight for your benefits every step of the way.

Filing an SSD application early is crucial if you have liver disease. SSA’s processing time can take months. Providing complete information about your medical condition and treatments is essential for a strong claim. Work closely with your doctor to document your symptoms after your transplant. Medical records about your recovery will increase your chances of approval.  Submitting additional medical evidence and having a hearing before a judge are steps you may need to take to continue benefits.

If you want to learn about our lawyers and staff, then review our About Us page. For instance, Andria Summers can help you with your Medicare plan. She has also won thousands of SSD cases. Dianna Cannon has been helping clients win SSD benefits for thirty years. Brett Bunkall also has years of experience helping people obtain their benefits. We are experts. You can trust us to help you win SSDI and SSI benefits.

HOW WILL YOU AFFORD TO HIRE THE BEST SSD LAW FIRM?

One of the main reasons people do not hire an attorney to help them win their SSD benefits is they are afraid of the cost. Most people think that hiring an attorney will cost too much money. However, in Social Security cases, the attorney fee is set by law.

The attorney fee in Social Security benefit cases cannot exceed more than 25% of your past due benefit. Your past due benefit is money the SSA owes you since your liver transplant.

Additionally, the SSA caps the attorney fee at $9200. The cap goes up according to the cost of living each year. However, the attorney fee cannot be more than the fee cap. The attorney fee in your case will be the fee cap OR 25% of your past due benefit. You will pay whatever amount is LESS.

Most importantly, the attorney is only paid a fee if you win benefits. If an attorney is trying to charge you an upfront fee for SSD services, then the attorney is breaking the law. Do not hire that attorney, because they do not understand how the fee process works in SSD cases. The SSA must approve attorney fees in SSD claims.

Hiring an attorney with experience triples your chance of winning SSD benefits. The SSA denies 40% of all initial applications. On appeal, they deny 85% of all claims. Finally, at the hearing level the judges deny over 50% of the cases that come before them. Learn information about SSA’s denial rates. With these denial rates, you need an attorney. Hire our law firm because we have years of legal experience and we can win your benefits for liver transplant.

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