If you have a digestive disorder that affects daily activities, can you go on disability for digestive problems? You can receive short-term and long-term Social Security disability benefits if your disorder hinders your ability to perform normal daily job duties. To receive benefits, you must show proof of your condition with a medical diagnosis and medical records from a licensed medical professional.
Does your digestive order prevent you from working? Call Ankin Law in Chicago for a free case review on disability benefits in Illinois, 872-520-0377.
Common Digestive Problems That May Qualify for Disability
The digestive system is made up of the gastrointestinal (GI) tract and various organs that support it including the esophagus, gallbladder, large and small intestines, liver, pancreas, and stomach. All of these organs are connected from the mouth down to the anus. The purpose of your digestive system is to turn your food into the nutrients and energy you need for proper growth and cell repair within your body.
According to NIH health reports, 60 to 70 million Americans are affected by digestive diseases, which result in 36.6 million doctor visits and 48.3 million ambulatory care visits each year. Common problems include chronic constipation, gastrointestinal infections, hemorrhoids, and irritable bowel syndrome. While some digestive disorders can be managed easily, others require medications and surgical procedures that repair damage to the gastrointestinal tract. Millions of Americans are impacted by digestive system disorders that interfere with daily activities and quality of life. People with serious digestive disorders seek help from the Social Security Administration (SSA) to ask can you go on disability for digestive problems.
The SSA has a list of digestive disorders for adults and children that qualify for disability benefits. The SSA evaluates digestive disorders based on severe dysfunction caused in the liver, pancreas, and gastrointestinal tract. The list of digestive disorders includes:
- Cancer of the gastrointestinal tract (organs)
- Chronic liver disease (CLD)
- Crohn’s disease
- Cirrhosis
- Inflammatory bowel disease (IBD)
- Kidney failure
If a condition leads to intestinal failure, transplantation of the liver, pancreas, or small intestine, or chronic weight loss due to a digestive order, the SSA will evaluate the claim for disability benefits.
According to federal laws, all SSA claims for disability benefits must show medical evidence that a claimant has a digestive disorder. This evidence must come from an acceptable medical source to establish impairment and the severity of impairment. Once the impairment is established, SSA considers how the claimant’s impairment affects his or her ability to function in a work setting. Three important factors must be determined to evaluate short-term disability and long-term disability benefits:
- The nature and severity of the claimant’s impairment
- How long the claimant has been affected by the impairment
- Whether the claimant can still perform work-related physical and mental activities
How to Apply for Disability Benefits in Illinois for Digestive Problems
In Illinois, the Bureau of Disability Determination Services (DDS) is the state department that makes the initial determinations about eligibility for Social Security disability. When you apply for benefits, DDS reviews your application and the necessary medical information to support your claim. After reviewing your claim and medical information, DDS may schedule a consultative examination (CE) for further medical evidence. A CE is a medical examination that’s conducted by a licensed physician hired directly by the Social Security Administration.
Social Security Disability Insurance (SSDI)
SSDI pays disability benefits to workers and their family members when the worker has accumulated a sufficient number of work credits. The worker must also have worked long enough to pay Social Security taxes. This program is financed with Social Security taxes paid by workers, employers, and self-employed persons.
Eligibility for SSDI benefits depends on a worker’s accumulated work credits and taxable work history. If benefits are approved, they are payable to the following: 1 – disabled or blind workers under 65 years old, 2 – their spouse or widower, 3 – their children, and 4 – adults disabled since childhood. The amount of monthly benefits is based on the worker’s Social Security earnings record.
When filing a claim for SSDI benefits, the SSA looks at factors that can impact your eligibility:
1. Is Your Digestive Disorder on the SSA List of Impairments?
If your condition is on the list and can be verified, you will likely be approved for disability benefits. If not, the SSA will compare your condition to similar medical conditions on the list.
2. Does Your Digestive Disorder Impact Your Ability to Work?
Your condition must be severe enough to impact your ability to perform your normal work duties and assigned work tasks. The severity of your condition will affect your disability approval.
3. Can You Perform Prior Work Duties?
Your digestive disorder must prevent you from performing your prior work duties before the disability occurred. If it does not, your application for SSDI benefits may be denied.
4. Can You Perform Other Types of Work Duties?
Your medical condition, work skills, prior work experience, and age will be evaluated by SSA to determine approval for benefits. If you can’t perform other work duties (determined by a licensed physician), you may be eligible for long-term disability benefits.
5. How Long Will You Be Out of Work?
To be approved for SSDI, you must be out of work or expected to be out of work for at least 12 months. If you are working and your gross earnings are more than the approved monthly income, you will not be eligible for benefits.
What happens to my SSDI benefits if my medical condition improves? Under SSA guidelines, your digestive disorder must prevent you from performing routine work duties. If you return to work and perform substantial gainful activity before 12 months, your disability benefits will be terminated.
When to Hire a Lawyer
Due to strict regulations imposed by the SSA, filing a claim for SSDI benefits can be a complicated and lengthy process. Many claims are denied due to incorrect or missing information, lack of proper medical evidence, and filing a claim past the designated filing date. If you apply for SSDI benefits in Illinois, it’s best to work with Social Security disability attorneys who can ensure that your application contains correct information and documented medical evidence, and gets filed before the SSA filing deadline. If the SSA has questions on your claim or needs additional information, your attorney can follow up with them to make sure things are taken care of on time.
After you submit your application for SSDI benefits, DDS will review your application, your work history, and your medical records. If you meet the requirements, your case will be assigned to a Disability Examiner at your Illinois Disability Determination Service (DDS). Typically, there is a high volume of applications, so it may take 6 to 9 months to review your application. When your application has been reviewed, you will receive a letter by mail letting you know whether your application was approved or denied.
Unfortunately, many claims for SSDI benefits in Illinois are denied, but your attorney can help by filing an appeal with DDS. It’s better to file an appeal instead of waiting to file a new claim because more than 50% of appeals are successful. There are 3 appeal processes that your attorney can pursue:
Request for Reconsideration
If your claim is denied, your attorney can file a request for reconsideration within 65 days to have your case reviewed. If further information is needed, your attorney will make sure it gets to the proper destination. You may be asked to submit to further medical examination, and your attorney can ensure that the SSA receives all information regarding doctor’s visits, treatments and medications, and doctors’ and hospital records.
Request for Administrative Legal Hearing
If your claim is denied after Reconsideration, you will receive a second notice. Your attorney then has 65 days from the date on the notice to make a written request for a hearing before an administration legal judge (ALJ), an administrative judge hired by the SSA to conduct hearings. During the hearing, the ALJ may arrange for vocational and/or medical experts to attend the hearing and testify on pertinent matters related to your disability claim.
Request for Review by the Appeals Council
If the ALJ decision is not favorable, your attorney has 65 days from the date of the ALJ notice to file an appeal with the Appeals Council. At this stage, your chances for a review are somewhat limited but still possible. Reviews by the Appeals Council often happen when errors are made by the ALJ, an ALJ decision is not supported by substantial evidence, or there is a problem within the ALJ hearing process. If you need help with SSDI benefits in Illinois, contact us for a free consultation. Our Chicago attorneys can get you the disability benefits you need for your medical condition.
