Loss of Bladder Control and filing for Disability Insurance Benefits
If you are experiencing loss of bladder control it may be an indication that you could qualify for disability insurance benefits.
Author Attorney Lloyd Bemis:
Loss of bladder control is a serious disorder that may impact your ability to work. If you have bladder control problems, you may be eligible for Social Security Disability Insurance (SSDI) or Long Term Disability (LTD) benefits.
Our Texas disability lawyers have experience helping applicants claim both SSD and LTD benefits.
Social Security Disability Insurance is a government program while Long Term Disability is provided by private insurers. If you have bladder control issues that prevent you from working, you may be eligible for either or both.
The law offices of Bemis, Roach and Reed service central Texas including the cities of Austin and Dallas/Fort Worth as well as Travis county, Williamson county and Harris county. If you live in these areas and are unable to work due to bladder control issues, contact us for a free consultation at (866) 433-4979.
Urinary or bowel incontinence is rarely severe enough to qualify for benefits on its own and incontinence is not specifically listed as a condition one can collect disability for.
However, loss of bladder control is nearly always a symptom of a more serious disease. Conditions that can lead to loss of bladder control include:
- Crohn’s Disease
- Irritable Bowel Syndrome
- Multiple Sclerosis
- Spinal Cord injuries
Additionally, there are many surgeries which can result in temporary incontinence, but an individual suffering post-surgery incontinence may not qualify for disability if the condition is not likely to last over a year.
The Social Security Blue Book contains the Listing of Impairments that qualify for disability benefits.
While loss of bladder control or incontinence is not listed, many of the conditions that cause that symptom are. Your doctor and your attorney will be able to help you determine the strongest basis for your disability claim. Even if you do not have a listed condition, you still may be able to qualify for benefits.
Because medical conditions can vary widely, there is some leniency in matching a specific applicant’s condition with the Blue Book listing.
If you are able to prove your incontinence is equal in severity to another condition which is listed, you may qualify. Alternatively, even if your condition is not similar to a listed condition, you may qualify for a “medical vocational allowance”. This allowance is granted if there is sufficient medical evidence to show that your condition is severe enough to prevent you from working any type of job. However, in most cases of urinary or bowel incontinence, disability claims are made on the basis of the underlying cause of incontinence.
In order to qualify for Social Security Disability, you will need to satisfy a few specific requirements in two categories as determined by the Social Security Administration.
The first category is the Work Requirements which has two tests.
- The Duration of Work test. Whether you have worked long enough to be covered under SSDI.
- The Current Work Test. Whether you worked recently enough for the work to actually count toward coverage.
The second category is the Medical Eligibility Requirement.
- Are you working? Your disability must be “total”.
- Is your medical condition severe? Your disability must be “severe” enough to interfere with your ability to perform basic work-related activities, such as walking, sitting, and remembering.
- Is your medical condition on the List of Impairments? The SSA has a “List of Impairments” that automatically qualify as “severe” disabilities. If your disease is not listed this does not mean you cannot get disability, it means you must prove you cannot maintain employment due to your limitations.
- Can you do the work you did before? SSDI rules look at whether your medical condition prevents you from doing the work you did prior to developing the condition.
- Can you do any other type of work? If you cannot do your prior work, an evaluation is made as to whether you can perform any other kind of work.
More details can be found on our Qualifying for Disability page.
Applying for Social Security or Long Term Disability benefits can be a confusing process. Most initial Social Security claims are denied and Long Term Disability Insurance providers are notorious for denying legitimate claims. If you’re struggling because you don’t know where to start, or if you feel like giving up because your claim has been denied, we are here to help. The attorneys at Bemis, Roach and Reed have experience navigating the complexities of Social Security and fighting big insurance companies. We also understand that most applicants are not in an ideal situation financially. If you use the services of Bemis, Roach and Reed, you don’t have to worry about paying for representation and then losing your claim. The only fees we collect are a percentage of the back benefits you receive. This means you are not expected to pay upfront and you are not expected to pay if we cannot win your claim. Call us today for a free consultation. Call 512-454-4000 and get help NOW.
Author: Attorney Lloyd Bemis has been practicing law for over 35 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Bemis obtained dual board certifications from the Texas Board of Legal Specialization. Lloyd is admitted to practice in the United States District Court - all Texas Districts and has argued before the U.S. Court of Appeals, Fifth Circuit. Mr. Bemis is a member of the Travis County Bar Association. He has been active in the American Association for Justice and is a past Director of the Capital Area Trial Lawyers Association. Mr. Bemis and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
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