Showing posts with label benefits. Show all posts
Showing posts with label benefits. Show all posts

Saturday, January 21, 2012

Respecting Your Disabled Clients' Head Space


     Recently I had a client referred to me by his wife, who warned me that he was a “tall, proud man, who wasn't comfortable being labeled disabled.”

     I've written here about how the various laws around disability have “labels” or definitions that individuals need to meet before they can be protected under the laws. I've encountered numerous clients, as well as friends, who are not comfortable yet with the idea that they fit into some of these definitions. It's not surprising when, for instance, to be disabled for the sake of Social Security benefits, a person needs to prove an “inability to perform substantial gainful activity.”

     People want to work. They want to be useful to society. I am casting people with some broad strokes here, but overall, it's true. It's far more appealing to be able to perform substantial gainful activity than to not be able to. But most of the laws demand that folks first admit they are unable, not only to the courts, but also to themselves, their families, and society. It's no easy acknowledgment.

     The question for me then is, how to meet my clients in their own mental space, respecting where they are now with accepting their disability? I've had disabled good friends come to acceptance of their disabilities over the course of years, so how could I expect anything else from my clients?

     In the case of the “tall, proud man” I mentioned at the outset, as comfortable as his wife was with his disability and the tricky label it came with, she wasn't my client. I told her I'd have to respect his head space, too. One skill I employed when he and I did eventually speak on the phone was the not-to-be-overlooked one of listening.

     I could push the laws on him all day, tell him he was disabled, and could take advantage of Social Security Disability benefits, but all that was going to fall on deaf ears if he wasn't yet comfortable with his disability. The more I listened, the more I let him talk, the more information he gave. He told me of the struggles, and I listened.

     I also made certain I used my vocabulary around disability with as much ease as I could muster. Being disabled can be a real pain in the butt, from the physical limitations of it to the way the world is designed (overall) for able-bodied individuals. I talked with him about some of that with the same matter-of-factness as I might talk about long lines at stores during Christmas. The more I did that, the more he did, too.

     Lastly, I shared with him some of the experiences of other clients and my friends who are disabled. Oftentimes, when someone's not yet ready to see themselves as disabled, they think they're alone—that no one else has dealt with this pain-in-the-butt situation before. While every disabled person is different, many of the struggles of being disabled in an able-bodied world are similar. I like to think that hearing about others' struggles gave him the sense he was not as alone as he originally thought.

     All of this is to say that respecting your client's head space is an art, not a science. It's requires you to be one part listener, as well one part gentle nudge, and a whole lot of other things in different measures. If they're not ready to be a part of that process, there's nothing you can do. If they are ready to dialogue about what you can do as their disability attorney, then some of what I've mentioned might help.

     That tall proud man is now my client. We got here through conversation that was messy and slow. My next client will be different. But I am ready when they are.


Wednesday, December 14, 2011

Covered Disabilities under Social Security Disability Benefits


     Social Security Disability benefits are reserved generally for workers with a physical or mental condition who are unable to perform full time work for at least 12 months. As for those who have never worked or not worked very much, for those who have never worked, or worked very little, Supplemental Security Income disability is available from Social Security under the same definition of disability, i.e., unable to perform full time work for 12 months.

     We spoke in past posts about the definitions of disability under the Americans with Disabilities Act. The laws that govern Social Security Disability have their own definitions of disability. Social Security Disability law defines a covered disability as an “inability to engage in substantial gainful activity (SGA) due to certain medically determinable physical or mental impairments which can be expected to result in death or which have lasted or can be expected to last for a continuous period of at least 12 months.” To collect benefits under the Social Security Disability program, you must meet certain requirements.

     Social Security Disability laws list covered physical and mental disabilities. The physical disabilities include:
           
     Asthma
     Diabetes
     Herniated disks
     Other lumbar and cervical (back and neck) problems

      In addition, disabilities include:
     Arthritis
     Heart problems
     Spine problems
     Fibromyalgia
     Sleep apnea
     AIDS
     Cancer
     Hepatitis
     Cirrhosis and other liver conditions
     Brain injuries
     Cerebral palsy
     Lupus
     Repetitive stress disorders
     Hearing loss

      Mental disabilities included psychiatric disabilities, including but not limited to:
     Anxiety
     Agoraphobia
     Panic attacks
     Depression
     Schizophrenia
     Bipolar disorders
     Mental retardation
     Evaluation of claims

    There is also a Listing of Impairments applicable to an evaluation of claims for disability benefits under the Social Security Disability insurance program. The Listing of Impairments describes, for each major body system, impairments considered severe enough to prevent an individual from engaging in any gainful activity. Part A of the Listing of Impairments contains medical criteria that apply to the evaluation of impairments in adults who are age 18 and over. Part B of the Listing of Impairments contains additional medical criteria that apply only to the evaluation of impairments of persons under age 18.

    Sound confusing? It can be. Much like navigating the law of the ADA, navigating Social Security Disability law can be trying and exhausting.