Was your claim for congestive heart failure disability benefits denied? Wherever you live, the attorneys at Marc Whitehead & Associates can help you pursue your claim against the insurance company, SSA or VA.
Congestive Heart Failure (CHF) is a disabling condition for millions of people. It can reduce stamina and physical functions so severely that even the most sedentary form of work becomes hopeless.
For many people applying for long-term disability insurance, Social Security disability or Veterans benefits, their claims are initially denied even when their disabilities are legitimate and justifiable.
When this happens, we encourage you to ask a lawyer at our firm about your congestive heart failure disability benefits.
Congestive heart failure means the heart is not pumping blood as it should. The result is the body does not receive enough oxygenated blood, and in turn, the blood backs up in the veins.
This causes fluid to collect in the lungs – causing “pulmonary congestion” – as well as in the arms, legs and feet – which is called “edema.” People with CHF live with extreme fatigue, shortness of breath, episodes of confusion, weakness, intolerance to exercise, and dizziness.
As with all coronary problems, CHF can be life threatening. Many heart disease processes can damage the heart’s pumping capability, and the most common cause is coronary artery disease. Other causes include damage from a previous heart attack, high blood pressure, and heart valve disease or infections.
Claiming CHF as a Disability on Your Long Term disability Insurance Policy
The insurance company is the decision-maker on whether or not you are disabled. Although your doctor made the correct diagnosis and supplied supporting medical evidence, do not be surprised if your long term disability insurance claim is denied – even if you were approved for Social Security disability benefits for congestive heart failure.
Many insurance claim adjusters act fairly and ethically. Yet there are just as many who resort to tactics so they do not have to pay, and will find reasons to argue that you are able to return to work. When they do so unfairly, it is crucial to get a disability insurance attorney to review your claim.
Claims for congestive heart failure disability should be based on the assessment of both medical and vocational evidence – yet many insurance companies don’t play fair in their assessment.
For example, even though you remain seriously disabled, a test taken months after you were diagnosed with CHF may show some improvement. Disability insurers may use this along with other tactics to conclude that you are not disabled from working, while disregarding other pertinent medical and subjective evidence.
Insurance companies hope you will just give up – and they will think twice when they know they must negotiate with or face trial against a competent and nationally recognized disability law firm. If you have been wrongly denied, our attorneys will investigate your case, and prepare the arguments needed for the most compelling case for maximum compensation.
Is Congestive Heart Failure a Disability Under Social Security?
Whatever caused your CHF, you may be eligible for SSD benefits. Social Security will use a five-step sequential evaluation in deciding whether you are disabled and therefore entitled to benefits.
Steps 1 and 2 determine whether you are eligible – you currently are not working, and your impairment is considered “severe.”
Step 3 of the process determines if your CHF meets or equals one of the disabling conditions listed in Social Security’s Listing of Impairments. In dealing with congestive heart failure, Social Security refers to it as chronic heart failure. It is cited in the Listing of Impairments under Cardiovascular System Listing 4.02, Chronic Heart Failure.
Extensive criteria must be satisfied to show that your CHF is severe enough to meet or equal the listing. As is often the case, Social Security may decide you do not meet the listing. However, your condition may still qualify you as “disabled” under Steps 4 and 5 of the evaluation process.
Steps 4 and 5 determine your residual functional capacity – which basically means the work you are still able to do. Social security will want to know the exact limitation of physical activity and job capabilities caused by your chronic heart failure, and will take into account medical and non-medical evidence.
Sometimes winning your case takes a great deal of effort and knowledge of Social Security Disability law. Claimants with representation from a Board Certified Social Security claims lawyer have a better chance of approval. If you have filed a claim for congestive heart failure disability and it was denied, we urge you to call our firm to discuss how we may help you win at any stage of the process.
To learn more about how to win SSD benefits, download our free eBook, The Social Security Disability Puzzle.
Veterans Claims for Congestive Heart Failure Disability
Getting disability payments from the VA is not a simple or efficient process. Veterans are plagued by unreasonable delays, and although their disabilities are real, their claims are often denied or underrated. The undue burden of proof falls on the veteran, while they try to adapt to living with a disability.
Getting compensation for congestive heart failure disability is no exception. We are dedicated, accredited veterans attorneys, ready to give you our full-fledged support through legal representation in every aspect of your disability claim, including appeals of your denied claim.
Congestive heart failure is listed in the VA Schedule for Rating Disabilities, under the ratings for the Cardiovascular System. To determine the level of a service-connected claim for CHF disability, the examiner reviews your medical evidence in comparison to the Schedule.
The disability rating is expressed as a percentage – from 0% to 100%. The rating is based on the severity of the CHF, or combination of congestive heart failure disability and other impairments, and the effect the impairment has on your earning capacity. In other words, the more severe your symptoms are, the greater the impact is on your ability to work.
Get Help – Contact Our Disability Law Firm
Call us toll free at 800-562-9830 or arrange for a free consultation with a lawyer about your CHF disability claim. There is no cost or obligation, and most of our cases are handled on contingency fee – meaning we aren’t paid until you are.
With Marc Whitehead & Associates on your side, you are taking the right steps toward securing the benefits you deserve.