YOU HAD A HEART ATTACK? CAN YOU GET DISABILITY?

HEART ATTACK AND WINNING SSDI BENEFITS

You had a heart attack and also had severe problems following the attack. For example, you get chest pain when you exert yourself and you need to sleep for two hours every afternoon. Due to your problems, you can’t work and you want to know if you qualify for SSDI and SSI benefits. It is a good question. And the answer depends on whether your heart condition impacts your ability to function on the job.

While a heart attack can be a serious event that prevents you from working. Some people will recover within a reasonable time and be able to resume their normal activities. Other people, however, have heart disease and physical symptoms which keep them from working. If you cannot work, then you have the right to apply for SSDI and SSI benefits. Additionally, you should apply as soon as you know that you are no longer able to work due to your heart attack symptoms.

If you need an attorney to help you apply for benefits, then contact our law firm. We will give you a free review of your case to see if you can win benefits. Furthermore, you can hire us for no upfront fee and we do not charge an attorney fee until we win your benefits. If we do not win your benefits for you, then you do not pay an attorney fee. If you don’t win, you never pay an attorney fee.

HEART ATTACK FACTS IN THE USA

In the United States, there are typically around 805,000 heart attacks each year. Heart attacks are common in the US because of the high rate of obesity. Obesity contributes to other conditions like high blood pressure and diabetes which are major risk factors for heart attacks.

Additionally, the American diet is rich in fatty artificial foods which increase the risk of heart disease. Another fact is that many Americans lead sedentary lives. They sit in front of the TV or their computer and don’t get enough exercise. When you combine a poor diet, obesity and a lack of exercise, then you will be more prone to a heart attack.

Also, in the US, we have an aging population. The older you are, the more likely it will be for the above factors to contribute to a heart attack. Finally, high stress jobs also contribute to poor habits, like eating and drinking too much as coping tactics. For all of these reasons, people who live in the US have a higher rate of heart attacks than people who live in other countries.

HEART ATTACK SYMPTOMS 

Listing 4.04 (A) states in order to receive SSD benefits, you must have the following symptoms due to “myocardial ischemia.” For example, you must have:

• angina pectoris, which is chest pain caused by activity or emotion and that is quickly relieved by rest (or by nitroglycerin tablets)
• atypical angina, which is pain in places other than the chest, such as the inner left arm, jaw, neck, back and upper abdomen
• “anginal equivalent,” which is shortness of breath when you exert yourself, but with no complaints of chest pain
• variant angina, which is episodes of angina at rest due to spasm of a coronary artery (this should be shown by transient ST segment elevation on ECG, or
• silent ischemia, which is myocardial ischemia or myocardial infarction without any pain or other symptoms.

In addition to the symptoms of myocardial ischemia, Listing 4.04 also requires you to have one of the following: either an abnormal stress test, ischemic episodes, or abnormal imaging results — as follows:

Abnormal Stress Test Can Demonstrate a Heart Attack

An exercise tolerance test at a workload equal to 5 METS or less, resulting in at least one of the following abnormalities:

1. Horizontal or downsloping ST segment depression of at least -0.10 millivolts (-1.0 mm) (without the presence of digitalis glycoside treatment or low blood potassium), lasting for at least 1 minute into the recovery period
2. At least 0.1 millivolt (1 mm) of ST segment elevation during exercise, which lasts 1 minute or more into the recovery period
3. Decrease of systolic pressure of 10 mm HG or more below the baseline level or below the preceding systolic pressure recorded during exercise due to dysfunction of the left ventricle, despite a workload increase, or
4. Ischemia documented at an exercise level of 5 METS or less on proper acceptable imaging, such as stress echocardiography.

Ischemic Episodes

Three separate ischemic episodes within a consecutive 12 month period. Each episode must require revascularization or not be amenable to be revascularization. Revascularization means angioplasty or bypass surgery.

Signs & Symptoms of an Ischemic Stroke

CORONARY ARTERY DISEASE – LISTING 4.04C

Finally, one can win benefits under the listing if an angiography shows evidence of arterial disease. Listing 4.04C requires evidence of coronary artery disease on angiography or other acceptable imaging, as follows:

1. Angiographic evidence showing:

a. 50 percent or more narrowing of a nonbypassed left main coronary artery; or

b. 70 percent or more narrowing of another nonbypassed coronary artery; or

c. 50 percent or more narrowing involving a long (greater than 1 cm) segment of a nonbypassed coronary artery; or

d. 50 percent or more narrowing of at least two nonbypassed coronary arteries; or

e. 70 percent or more narrowing of a bypass graft vessel; and

2. Resulting in very serious limitations in the ability to independently initiate, sustain, or complete activities of daily living.

ACTIVITIES OF DAILY LIVING AFTER A HEART ATTACK

The medical record must show that your heart effects your ability to complete activities. For example, if you have ongoing heart disease, you might have trouble shopping or walking upstairs.

Likewise, you would have trouble lifting heavy or even light objects. Exerting yourself probably causes chest pain. You could also have chest pain or become short of breath when climbing stairs or even when you are sleeping at night. Additionally, you may be short of breath while sitting or resting.

Make sure you talk to your doctor about how your heart attack. Also, talk to your doctor about how your ongoing heart disease is making it impossible for you to do your chores or play with your children. Be sure to tell your doctor how you cannot take care of yourself and your family.

THE IMPACT OF A HEART ATTACK ON YOUR RESIDUAL FUNCTIONAL CAPACITY

If you cannot do chores around the house, then chances are good you will not be able to return to work. Similarly, you cannot work if you cannot do your normal every day activities. However, your doctor needs to document the fact that you are physically limited in your medical record.

The reason it is important for your doctor to discuss your physical limits is to document your residual functional capacity (RFC) in the medical record. The medical record is the evidence the proves you deserve benefits.

The RFC is what you can physically do in a work setting. It is how the SSA looks at your limits after taking into account all of your medical conditions.

Your RFC after your heart attack includes both your physical and mental limits. In terms of physical limits, the SSA tries to define your ability to sit, stand, walk, and lift, during the course of an 8 hour workday. Likewise, the SSA will include your ability to carry, pull, and push. Find out more about how the SSA defines work.

Your RFC limits the type of jobs that you can perform. The judge determines your RFC after reading your medical records and listening to your hearing testimony. If you have had a heart attack, then your RFC make be very limited. You can learn more about your RFC. Depending on your age, there are rules called the Medical Vocational Guidelines that use your RFC to prove you cannot work.

IS IT WORTH THE ATTORNEY FEE TO HIRE AN SSD LAWYER?

Even if you have had a heart attack, it isn’t easy to get Social Security benefits. Also, the application process can be frustrating for most people. But, having an attorney throughout the appeal process can make it easier. It is our belief that when you have a law firm with experience handling your Social Security case, the SSA makes sure that they follow their own procedures.

Additionally, when you have an attorney with legal experience, they will have access to the SSA’s decisions throughout the process. They can also submit medical evidence that may be missing from your case.

There is evidence that hiring an attorney with the proper experience raises your chances of winning your SSDI and SSI benefits by 30%. It is also smart to hire an attorney to help you at your hearing. After all, you are the star witness at your hearing. If you hire an attorney with experience, then they can prepare you to be a good witness at your hearing. Learn more about how to prepare for your SSD hearing.

HOW WILL YOU PAY THE ATTORNEY FEE?

We will use our legal skills to help you through the Social Security appeal process. It is our goal to win your benefits if you have had a heart attack. But, it also our goal to make the appeal process easier for you.

We offer a free review of your case. And, it also doesn’t cost you any upfront money to hire us. Why? Because you only pay us an attorney fee if we win your case. If we win, then the SSA pays us out of your back benefits. Learn more about past due benefits. If you do not win, then you do not pay an attorney fee.

How much is the attorney fee? The attorney fee is whatever is less between 25% of your back benefit and the fee cap. This is best understood through an example. If your back benefit is $10,000, then your attorney fee would be $2500.

However, if your back benefit is $100,000, you would not pay 25% or $25,000 in attorney fees. Instead, you would pay the amount of the fee cap. The fee cap is $7200. Therefore, if you win, then your fee is capped at the $7200 amount.

Regardless, you pay whatever is less between 25% of your back benefit amount and the fee cap. Additionally, you only owe an attorney fee if we win your case. Find out more here about what it will cost to hire an SSD attorney.

THE LAWYERS AND STAFF AT OUR SSD LAW FIRM

You need SSDI and SSI benefits after a heart attack. Additionally, you need an attorney with experience. If you want to learn more about the lawyers and staff at Cannon Disability Law, then read our About Us page. There you will find more information about our lawyers. For example, Andria Summers can help you with your Medicare Advantage plan. Likewise, she has also won thousands of SSDI and SSI cases.

Dianna Cannon has many years of experience helping clients win benefits before the SSA. She has been an attorney for thirty years. Ms. Cannon also has bar licenses in 4 states. For example, she has a law license in California, Utah, Nevada, and Washington State.

Additionally, Brett Bunkall also has significant experience helping people obtain their SSI and SSD benefits. Mr. Bunkall has won thousands of Social Security hearings. He is a legal expert. Similarly, all of our attorneys are experts. You can trust us to help you receive benefits to replace your income after a heart attack.

WHAT WE DO TO HELP YOU WIN SSD AND SSI BENEFITS 

You do not need to apply for Social Security benefits by yourself. You can always call our law firm and we will help you win benefits. There is no charge to call us. We can help you file your SSDI and SSI application. Also, we can help you appeal every SSA denial. For example, our attorneys and staff can:

• Send you the paperwork you need to become our client
• Help you file your application for SSD and SSI benefits
• Inform the SSA that they should pay your benefits under the Compassionate Allowance Rules
• Appeal if you receive a denial from DDS
• Help you confirm your SSA doctor exam
• Request a Hearing with an Administrative Law Judge (ALJ)
• Prepare you to be a good witness at your SSA hearing
• Represent you at your hearing and question the expert witnesses
• Read more about job expert
• Learn more about medical expert testimony
• Request review of a decision with the Appeals Council
• Request review of an Appeals Council denial in Federal Court

If you file your application for benefits online at Social Security’s website, then you have 6 months to complete the application. Once you submit your application online, the SSA sends you an application summary in the mail. You must sign the summary and mail it back. If you don’t send it back, the SSA will not process your application. Sign it and send it back as soon as you can.

CONTACT US LAW TO HELP YOU WIN SSDI & SSI BENEFITS

Our attorneys have over 30 years of experience helping people who need SSDI and SSI benefits. That is why you should hire us.

When you are hiring an attorney to help you after your heart attack, hire the attorney with the most experience. Also, look to hire an entire legal team. No successful attorney works alone. If you are worrying about how to pay the attorney, read more about how the attorney fees work in SSD cases.

At Cannon Disability, we have an excellent legal team. We have worked together on SSDI and SSI cases for years. Additionally, we pride ourselves on customer service. All of us will do our best for you.

If you cannot work after a heart attack, then contact us. We can help. Even though it is can be difficult to win benefits, we will do everything we can to help you apply. We will also appeal the denials in your SSDI case. Additionally, we have years of experience taking cases to the Appeals Council and Federal Court.

Also, we are happy to answer your questions. Contacting us about your case is free. We will not charge you for a review of your case. Many people contact us and ask us questions. We will answer your questions for no charge. However, we do not accept to the case of every person who calls us. But, we do try help everyone who calls by answering their questions.

We can only become your legal team if we believe you have a physical or mental condition that keeps you from working. If you have had a heart attack and you have not been able to recover and return to work, then call us today. See if we can help you win Social Security benefits after your heart attack.