DISABILITY BENEFITS FOR LEWY BODY DEMENTIA
UNDERSTANDING LEWY BODY DEMENTIA
Lewy Body Dementia (LBD) is a progressive neurological disorder that impacts your cognitive ability, behavior, and movement. It is the second leading cause of dementia in the elderly, following Alzheimer’s disease. This complex medical condition impacts almost 1.4 million individuals in the United States, making it a major cause of disability.
The distinguishing feature of Lewy Body Dementia is the presence of Lewy bodies. Lewy bodies are abnormal protein deposits in the brain. Another unique symptom of LBD is visual hallucinations, which are often vivid and detailed. Patients may see people, animals, or objects that are not present. These hallucinations are a key diagnostic clue that distinguishes LBD from other forms of dementia. Additionally, individuals with Lewy Body Dementia are prone to REM sleep behavior disorder, a condition in which they physically act out their dreams.
Famous people have battled Lewy Body Dementia, including actor Robin Williams, who passed away in 2014. Following his death, doctors discovered that Williams had been suffering from an advanced form of Lewy Body Dementia, which gave him cognitive decline, mood changes, and other distressing symptoms. His case brought attention to how complex this disease can be. Fortunately, Lewy Body Dementia qualifies for a Compassionate Allowance for Social Security Disability benefits. Therefore, if you have Lewy Body Dementia, then the SSA should expedite your application for benefits.
WHAT IS LEWY BODY DEMENTIA?
Lewy Body Dementia occurs due to abnormal protein deposits known as Lewy bodies in the brain. These protein clumps lead to brain cell damage which causes severe symptoms. For example, it causes problems with cognition, perception, and motor function. The resulting symptoms often include fluctuations in alertness and attention. It also includes disorganized speech and visual hallucinations.
People with Lewy Body Dementia may also experience rigid muscle, tremors, and balance issues. Additionally, depression and behavioral changes are common.
HOW DOES THE DOCTOR DIAGNOSE LEWY BODY DEMENTIA?
Diagnosing Lewy Body Dementia can be challenging because its symptoms overlap with other conditions. For example, similar medical conditions include Parkinson’s disease and Alzheimer’s disease. Therefore, doctors rely on a combination of criteria to identify Lewy Body Dementia.
Central Features: Progressive cognitive decline is the most common feature of Lewy Body Dementia. This dementia worsens over time, impacting memory and focus.
Core Features: Patients may experience vivid visual hallucinations. This may also physical symptoms such as tremors and slow movement.
Suggestive Features: Additional symptoms include REM sleep behavior disorder and sensitivity to certain medications.
Supportive Features: Individuals may also exhibit recurrent falls, temporary loss of consciousness, abnormal visual perception, and issues with blood pressure regulation.
Physical symptoms of Lewy Body Dementia often resemble those seen in Parkinson’s disease. For example, symptoms may include a shuffling walk, stooped posture, stiff muscles, and tremors. Additional signs like smaller handwriting, reduced facial expression, and a weak voice may also be present.
TREATMENT FOR LEWY BODY DEMENTIA
Currently, there is no cure for Lewy Body Dementia. However, treatment focuses on managing symptoms to improve your quality of life. Common treatments include:
- Levodopa-Carbidopa to help with movement related symptoms.
- Acetylcholinesterase inhibitors, which are medications that slow cognitive decline.
- Clonazepam to help manage REM sleep behavior disorder.
- Physical Therapy to improve strength, flexibility, and balance.
- Occupational Therapy to maintain daily skills and promote independence.
- Speech Therapy to address voice weakness and communication issues.
A combination of therapies can often improve overall function.
IF YOU HAVE LBD, THEN FILE FOR SSDI AND SSI BENEFITS
Lewy Body Dementia symptoms can keep you from working. However, for the SSA to pay you benefits, your condition needs to prevent you from working for longer than 12 months. If you cannot work 40 hours a week due to your LBD symptoms, then you should apply for Social Security Disability (SSD/SSDI) or Supplemental Security Income (SSI) benefits.
Social Security Disability Insurance (SSDI):
SSDI benefits are for those who work 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 the Social Security tax you paid during your work history. SSDI benefits come with Medicare. Learn information about Medicare benefits.
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 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.
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 $5000 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 information about Medicaid benefits.
You can file an application for both SSDI and SSI benefits on Social Security’s website. Filing an application for benefits is easy to do. However, if you need help, then we can help you. Find out about filing for SSD benefits.
WHAT ARE THE MEDICAL REQUIREMENTS FOR DISABILITY BENEFITS?
The medical rules to win benefits are the same for both SSDI and SSI benefits. In order for the SSA to pay you disability benefits, your Lewy Body Dementia must meet or equal their listing rules. If your condition does not meet or equal a listing under step three, then there is another way to win benefits. For example, your residual functional capacity (RFC) can prevent you from working any job. Learn how to win benefits with your RFC.
To understand the physical conditions that meet or equal a listing, you can review the list of medical conditions on SSA’s website. Or, you can review the list of physical conditions. Additionally, you can win benefits if you have mental conditions. There is also a list of mental conditions that qualify you for SSI benefits.
Obviously, many people have a combination of both mental and physical conditions. You can learn how to meet the listing for LBD below.
LEWY BODY DEMENTIA IS A COMPASSIONATE ALLOWANCE
An important thing to note is that the Social Security Administration (SSA) classifies Lewy Body Dementia as a compassionate allowance.
This SSA program requires the SSA to process your application for disability benefits quickly. They do this because Lewis Body Dementia presents significant disabling medical symptoms. Compassionate Allowances involve very severe medical conditions that clearly meet SSA disability standard.
To qualify for benefits under the program, you must submit medical evidence such as doctor evaluations, brain imaging, and cognitive assessments to the SSA. Due to the complexity of LBD symptoms, it is crucial to submit supportive medical records from your doctor.
The SSA states that Lewy Body Dementia can be found to meet either listing 11.17 or listing 12.02.
LEWY BODY DEMENTIA CAN MEET LISTING 11.17
Your attorney can argue your condition meets listing 11.17. The elements under listing 11.17 are below:
Listing 11.17 – Neurodegenerative disorders of the central nervous system, such as Huntington’s disease, Friedreich’s ataxia, and spinocerebellar degeneration with A or B:
A. Disorganization of motor function in two extremities, resulting in an extreme limitation in the ability to stand up from a seated position, balance while standing or walking, or use the upper extremities.
OR
B. Marked limitation in physical function and in one of the following:
- Understanding, remembering, or applying information; or
- Interacting with others; or
- Concentrating, persisting, or maintaining pace; or
- Adapting or managing oneself.
LEWY BODY DEMENTIA CAN ALSO MEET LISTING 12.02
The listing the SSA uses to assess the mental aspects of LBD 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.
Listing 12.02 – Neurocognitive disorders, satisfied by A and B, or A and C:
- Medical records that document a significant cognitive decline from a prior level of function in one or more of the cognitive areas:
- Complex attention;
- Executive function;
- Learning and memory;
- Language;
- Perceptual-motor; or
- Social cognition.
AND
- Extreme limitation of one, or marked limitation of two, of the following areas of mental function:
- Understand, remember, or apply information.
- Interact with others.
- Concentrate, persist, or maintain pace.
- Adapt or manage oneself.
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.
WHAT IF YOUR LBD DOESN’T MEET THE SSA LISTINGS?
Can you still win SSDI and SSI benefits if your Lewy Body 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, arguing that you equal a 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.
THE ATTORNEYS AND STAFF AT OUR SSD LAW FIRM
At our SSD law firm, we can help you file for SSD benefits if you have Lewy Body 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 on 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. One of the things we do is help you testify before an SSA judge. We meet with you before your hearing. At the meeting, we talk about how to answer questions in court. We also let you know what kind of questions the judge will ask. If your LBD is too severe for you to answer questions, then we can help your family testify on your behalf. Learn 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. Because that makes us experts. Find out about how long an appeal takes dur takes during the SSD review process.
EXPERIENCE WINS DISABILITY BENEFITS FOR LEWY BODY DEMENTIA
If you have Lewy Body Dementia, then filing an application for Social Security Disability benefits can feel overwhelming. We have extensive experience helping clients obtain the benefits they deserve. Our team can guide you through the application process, gather essential medical evidence, and effectively present your case to the SSA.
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 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 important if you are in the later stages of dementia. For example, we have lawyers and staff who will help you apply for SSDI and SSI benefits.
If you need help filing out SSA’s paperwork, then we can help. Also, we can help you collect your medical records. We 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, then we will help them too. Our goal is to win your benefits for Lewy Body Dementia.
