As it often advances into stages of disability and loss of independence, Parkinson’s disease forces many people to stop working. If this is your situation, you may be eligible for vital disability benefits for Parkinson’s disease through the Social Security Administration (SSA), from private insurers, or from the Department of Veterans Affairs (VA).
What many claimants are shocked to learn is that most disability claims based on Parkinson’s disease are initially denied, sometimes in error, sometimes due to insufficient information, and sometimes unfairly. A Texas Parkinson’s disease disability lawyer can help you with your initial application or after a denial.
Our team at Marc Whitehead & Associates knows how to approach your claim most effectively so that you can move forward to protect your rights and secure your rightful benefits. Find out more by reaching out to our Texas disability lawyers for help. We have over 120 years of combined legal experience, and we’re ready to fight for you.
Why Hire Our Parkinson’s Disease Disability Lawyers in Texas?
Our disability attorneys understand what it takes to help clients with Parkinson’s disease get the benefits they deserve. We only handle disability claims and have written the book on handling these legal cases.
We have the experience, resources, and training to help with everything from your initial benefits application to the conclusion of the appeal process. Our team can:
- Answer all of your legal questions
- Explain the steps you need to take to get benefits
- Gather evidence to establish your claim
- Help you fill out your application paperwork
- Determine the reasons for a benefits denial
- Fight for you every step of the way
Find out more about how a Texas Parkinson’s disease disability attorney can help by contacting us for a consultation with a member of our dedicated team. We understand the impact that neurological disorders can have on your life. Contact us now and learn more about Parkinson’s disease disability benefits.
For a free legal consultationwith a parkinsons disease lawyer serving Texas, call (800) 562-9830
We Understand the Disabling Symptoms of Parkinson’s Disease
Parkinson’s disease (PD) diagnoses can be life-changing. Parkinson’s usually begins gradually and worsens over time. It is episodic and unpredictable. Symptoms can be obvious and hidden, and many are underdiagnosed. PD is caused by a deficiency of dopamine, a neurotransmitter in the brain, that disrupts movement and coordination. The main motor symptoms include:
- Tremor in the hands, arms, legs, jaw, or head
- Muscle rigidity of the limbs and trunk
- Bradykinesia (slowness of movement)
- Impaired coordination and balance, including posture, gait, and mobility.
Other symptoms include pain, confusion, fatigue, sleep disturbances, depression, anxiety, urinary problems, difficulty swallowing, speech problems, and cognitive changes. Advanced PD can result in severe dementia.
There is no single test that concludes a person has Parkinson’s disease. Doctors base their diagnosis on an ongoing medical history, the patient’s symptoms, neurological and physical exams, and medical tests and scans targeting Parkinsonian Syndrome.
Texas Parkinsons Disease Lawyer Near Me (800) 562-9830
Parkinson’s and Social Security Disability Insurance (SSDI)
The fastest way to win SSDI benefits for Parkinson‘s is to qualify under SSA’s medical listing in the agency’s Blue Book. Qualifying under this listing requires detailed medical evidence. In brief, you need a diagnosis of Parkinson’s disease, supported by medical records of symptoms including:
- Significant rigidity
- Bradykinesia (slowness of movement)
- Tremors in two extremities (both legs, both arms, or an arm and a leg)
Your symptoms should also show difficulty with fine motor skills, large motor skills, standing, or walking. In addition to various test results, SSA will require your doctors’ responses to targeted questions concerning your PD, as well as proof of your adherence to prescribed treatment.
If you meet or equal the requirements of the listing, SSA will find you are disabled without considering your age, education, and work experience.
Parkinson’s SSDI Claim Based on a Reduced Residual Functional Capacity (RFC)
If you cannot meet the SSA’s medical listing criteria for Parkinson’s, you have another option. You may qualify based on a reduced RFC. Here, you must prove that your condition has made it impossible to work consistently and earn a gainful living. The SSA will base its decision on the evidence you provide, which can be very difficult at the initial application stage.
You need to prove you cannot do your “past relevant work” and “any other work.” Adjudicators often find the claimant’s reported signs and symptoms of PD are not “severe enough” or are incomplete when filed without representation. You must be thorough and provide the SSA with:
- A detailed history of your medical condition and functional abilities. This process is critical and involves your medical records, doctors’ statements, and additional evidence that demonstrates your inability to work consistently.
- Evidence of various forms of limitations, such as postural, exertional, manipulative (reaching, handling, fingering), visual, communicative, mental, and environmental.
Our Texas Parkinson’s disease disability lawyers can get to work on building your benefits claim when you turn to us for help.
You Have Options After an Initial Claims Denial
The SSA denies many SSDI claims for Parkinsonian Syndrome. Yet when represented by a disability attorney, Administrative Law Judges often overturn denials at ALJ hearings.
Our attorneys can give you superior support in pursuing your disability benefits for Parkinson’s disease and can represent your claim at any level of the appeals process. We also have the resources that can help a borderline claim based on Parkinsonian syndrome be successful.
Other Benefits Available Through the SSA
In some cases, you may qualify for additional benefits through Supplemental Security Income (SSI) offered by the SSA. You may qualify for these benefits if you have little to no resources.
Parkinson’s Disease and Long Term Disability (LTD) Insurance Claims
You may have group disability insurance coverage as part of an employee benefits plan, or you may have purchased an individual disability policy as protection against loss of income.
In either case, to receive these Long Term Disability benefits for Parkinson’s disease, you need to meet your plan or policy’s definition of disability. Typically, you must show that, due to sickness or injury, you are now unable to perform the duties of your own occupation or another occupation.
Dealing with the Insurance Company
Your insurance company may not fully understand the impact that Parkinson’s disease can have on a person over time, both physically and cognitively. Claim examiners may not understand how you have been able to work for years with PD, and now suddenly you cannot.
Our attorneys do understand. We also know what it takes to submit a strong LTD insurance claim to prove disability for Parkinson’s or file an appeal that will stand up in court. We’re here to help you deal with the insurance company.
Your Disability Claim and ERISA Law
Group LTD claims fall under federal ERISA law. When insurance denies a group claim, the information you present in your appeal to the insurance company will also be the basis for a potential lawsuit against the insurance company. An experienced ERISA lawyer is essential to your case.
In a private disability benefits claim denial based on Parkinson’s disease, state contract and bad faith laws prevail. In each case, our experienced Texas Parkinson’s disease disability attorneys are prepared to review your claim, explain your legal options, and help you get the compensation you deserve.
Disability Benefits for Veterans with Parkinson’s Disease
You may qualify for benefits from the United States Department of Veterans Affairs (VA) if a lawyer can connect your Parkinson’s diagnosis to an event during your military service. We can help you determine if you should apply for Veterans Disability compensation. The minimum VA disability rating for Parkinson’s disease is 30%.
However, you must consider other important factors that can increase this rating to 100%. While you may get a 30%, that rating alone may be incomplete based on the VA schedule for rating disabilities. The 30% rating is the starting point. It is vital to ensure the VA completes its rating and evaluates each of your PD-related symptoms.
The VA then should calculate your rating using the combined rating for each symptom. These may include:
- Tremors, rigidity, and slowness of movement in both upper and lower extremities
- Cognitive problems
- Difficulty swallowing
- Speech problems
- Bladder and/or bowel problems
- Facial muscle paralysis
- Disorganization of motor function
A Texas Parkinson’s disease disability can work to ensure the VA understands the full extent of your disability.
Presumptive Service Connection for Parkinson’s
The VA may presume your PD connects to your military service. Veterans who develop Parkinson’s disease and faced exposure to Agent Orange or other herbicides or contaminants during military service do not have to prove a connection between their disease and service to be eligible to receive VA disability compensation.
As of January 2020, the VA extended the presumption of Agent Orange exposure and other toxic herbicides to Blue Water Navy Vietnam Veterans and to veterans who served in or near the Korean DMZ through the Blue Water Navy Vietnam Veterans Act of 2019.
Additionally, those exposed to contaminated water at Camp Lejeune for at least 30 days during a period between 1953 and 1987 get a presumption of service connection from the VA.
Proving Service Connection for Parkinson’s Disease without a Presumption
As for any other non-presumptive conditions, veterans with Parkinson’s who did not serve at Camp Lejeune or in the Vietnam War still qualify for VA compensation. You will need to submit additional evidence to show that your exposure was during military service and link the exposure to your Parkinson’s.
Because PD is progressive, the VA does not make veterans wait for the disease to evolve slowly. Thus, medical documentation of symptoms should pave the way to service connection. The first thing you need to provide is documentation that you have symptoms of Parkinsonism. You will need to provide the VA with your:
- Military separation records
- Service treatment records
- Medical evidence of diagnosis (if available) and treatment of Parkinson’s
Timing and sufficient evidence of Parkinson’s are critical, as a timely filing for VA compensation properly ensures that you can start receiving benefits from the date the VA has your claim in hand. You will also need your physician’s opinion saying that your PD was caused by exposure to toxins in service, or by a service-connected traumatic brain injury (TBI).
We recommend providing a statement detailing your exposure or event. Veterans may qualify for service-connected VA compensation after:
- Sustaining a traumatic brain injury, which is a known causative factor in Parkinson’s disease
- Burn Pit Exposure in Southwest Asia, after 9-11-2001
- Herbicide exposure in various military theaters and bases in Thailand, Vietnam, and Korea that are not part of the presumptive list of the Vietnam Era, and exposure to herbicides associated with Department of Defense projects involving herbicides
Veterans with Parkinson’s and TDIU
If your service-connected Parkinson’s keeps you from working, benefits may also be available under a unique rating called Total Disability Based on Individual Unemployability (TDIU).
Under this program, the VA pays 100% of total disability compensation to veterans who are unable to earn a living and whose service-connected disabilities are not rated as 100-percent disabling. You want to be sure to file for TDIU as well.
Our Parkinson’s Disease Disability Lawyers Can Help With Your Claim
At Marc Whitehead & Associates, we can help you prepare an initial SSDI, LTD, or VA benefits application. If you’ve already been denied benefits for Parkinson’s, our attorneys will develop and file a solid appeal to rebut a wrongful claim denial.
Our Texas Parkinson’s disease disability attorneys have helped claimants obtain disability benefits. As we analyze your situation, we identify and fix critical information gaps in any part of your claim, including missing medical data or incomplete vocational and functional evidence.
We work in cooperation with your treating physicians and may enlist the assistance of qualified vocational experts, among others. You must never give up. Call us toll-free or request a free legal consultation to learn how we can help.
Call or text (800) 562-9830 or complete a Free Case Evaluation form
