The main challenge for an individual applying for benefits after a heart attack is the fact that so many people with heart attacks are able to get back to work within a relatively short timeframe. For social security disability benefits, a person has to have been disabled for 12 months or have a condition that’s likely to remain disabling for 12 months. There is a wide variety of how judges view those regulations along with unsuccessful work attempts. Another potential problem would be the lack of communication between a patient and a doctor. If a symptom is not repeatedly in the doctor’s notes, there is much less of a chance that a judge is going to believe those symptoms actually exist. It’s very important for the patient to not only to tell the doctor or the nurse about their symptoms but to make sure that those symptoms get recorded into the treatment notes.
Does Being A Smoker Automatically Bar Me From Collecting SSD Benefits After A Heart Attack?
Smoking does not bar someone from getting disability benefits, but it does make the claim harder to win with most judges. Nicotine may be the most addictive substance known to man, but some judges are still very hostile to smokers. They are going to discount your claims of breathing problems because you were smoking. Smoking also narrows a lot of arteries and veins in the body, which makes it more likely that you’ll experience a heart attack or the symptoms associated with a heart attack. Stopping smoking would certainly help both your condition and your social security case.
How Soon After A Heart Attack Can I Apply For Social Security Disability?
A condition must last, or be expected to last 12 months before someone can be found disabling. But you do not have to wait 12 months before filing your claim. If you have a heart attack and undergo a few months of rehabilitation, and you still struggle to simply go to the grocery store, it doesn’t hurt to go ahead and file your disability application. It also would be a factor if you’ve had other conditions before you had your heart attack. There is no rule that fits every situation but the bottom line is if you are not able to work and you don’t foresee yourself being able to work in the near future, then go ahead and file your disability claim.
What Do I Do If My Heart Attack Social Security Disability Application Was Denied?
Every disability case I work on has been denied at least two times. People just keep appealing and we help them appeal. In most cases, you should appeal. If you are not able to work, you should appeal because when you have a hearing, statistically, that’s your best chance to win your disability case.
Is There Any Additional Evidence That The Judge Is Going To Be Looking For In The Heart Attack Social Security Disability Hearing?
Judges have to consider everything. Medical records, work records, your ability to interact with your neighbors; everything is a factor. Anything you can find that makes it more likely to win your disability case can be used in your favor.
For more information on Problems In A Heart Attack SSD Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (214) 373-3761 today.
by Carl M. Weisbrod Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law