<<Disclaimer: Verify this information before applying it to your situation.>>

Listmates:  I cut and pasted the following information from lupus.org



40. Is lupus included in the Americans with Disabilities Act (ADA)?

The language of the American's with Disabilities Act was written in  
broad terms and therefore, most illnesses are included. Contact the  
Job Accommodation Network to learn more about the ADA, how it applies  
to your work situation and what is required of the employee and  
employer to be in compliance with the law.
See: U.S. Department of Justice Americans with Disabilities Act home  
page.

The Job Accommodation Network (JAN) is a free service of the U.S.  
Department of Labor, Office of Disability Employment Policy, and  
provides information about job accommodations, the Americans with  
Disabilities Act (ADA), and the employability of people with  
disabilities. You can call the JAN via toll free numbers and speak to  
a counselor about your situation.

41. Can people with lupus qualify for Social Security Disability?

Lupus affects everyone differently. Not everyone is disabled by  
lupus. A diagnosis of lupus does not automatically entitle a person  
to disability benefits. The Social Security Administration recognizes  
systemic lupus erythematosus as a potentially disabling illness and  
includes SLE in their listing of impairments.

What do I need to do to apply?

First, ask your doctor if in his/her opinion you are disabled  
according to the definition used by the Social Security Administration.


Disability definition: the inability to engage in any substantial  
gainful activity by reason of any medically determinable physical or  
mental impairment which can be expected to result in death or which  
has lasted or can be expected to last for a continuous period of not  
less than 12 months.

Second, contact your nearest Social Security Administration office  
and request all information (brochures/pamphlets) and forms to apply  
for SSDI (Social Security Disability Insurance). They are listed in  
your phone book. You also can call their toll-free number,  
1-800-772-1213, between 7 a.m. and 7 p.m. any business day.

Information is also available online at:
Social Security Disability Program: Disability Information

How do I know if I am eligible for Social Security Disability?

SSDI is an insurance plan supported through payroll deduction (FICA  
withholding tax) that covers most workers in the U.S. Eligibility is  
based on prior work. You must be under age 65 and have worked long  
enough and recently enough to be eligible to apply. The Social  
Security Administration's web site has a Benefit Eligibility  
Screening Tool (BEST) that can help you identify all the benefits you  
may be eligible for.

What if I am disabled but have not worked long enough or recently  
enough to be eligible for SSDI?

There is another disability program, Supplemental Security Income  
(SSI), which provides benefits to the needy and disabled who have not  
worked long enough or recently enough to be eligible for SSDI.

I've heard that it is almost impossible to get disability. Is this true?

Applying for and receiving Social Security Disability can be  
difficult and time consuming; it can take up to a year or longer. You  
must prove your disability. It requires work on your part to manage  
your claim and to make sure that your application is COMPLETE. It is  
crucial that you provide thorough information so the people who  
review your claim fully understand the impact your lupus, and other  
illnesses, have on your ability to work, and your ability to perform  
daily functions at home. The Social Security Administration (SSA)  
must justify the disability payments they make. If the forms  
submitted do not prove to their satisfaction that you are disabled,  
then the SSA can not justify paying benefits, and you will be denied.  
On the other hand, a claim that is well documented and supported with  
complete information likely will provide the justification needed for  
payment of benefits.

A denial is only a notice that the information you provided does not  
prove you are disabled. There is an appeals process. We encourage  
everyone to follow thorough with the appeal. It is an opportunity for  
you to submit further information to prove you are disabled.

To assist people in completing their application for disability, the  
Lupus Foundation of America has available the Disability Handbook for  
Social Security Applicants. Written by attorney Douglas Smith, this  
recently revised and expanded Disability Handbook shows how to prove  
to the Social Security Administration that you qualify for benefits.  
The Disability Handbook for Social Security Applicants is written for  
the claimant (disabled adult workers under the age of 65) to use as a  
guide when applying for Social Security Disability Insurance (SSDI)  
benefits. It is also useful for disabled adults claiming Supplemental  
Security Income (SSI). This user-friendly softbound handbook walks  
you through the disability application process and includes all the  
worksheets needed to complete an application in a timely manner.

The handbook is available through the LFA Store, and may be available  
through your nearest Chapter at a discount.

I've just been denied disability benefits by Social Security. What do  
I do?

A denial is only a notice that the information you provided so far  
does not prove you are disabled. There is an appeals process. We  
encourage everyone to follow through with an appeal. It is an  
opportunity for you to submit further information to help prove you  
are disabled. You must appeal within 60 days.

If your first appeal is denied, then you can pursue a second appeal  
where you will have a hearing before an administrative law judge. We  
generally recommend that if you progress to this level that you have  
an attorney familiar with disability law represent you.

How can I find an attorney who specializes in disability law?

The National Organization of Social Security Claimants  
Representatives (NOSSCR) has a geographic listing of lawyers that  
specialize in disability cases. They can refer you to an attorney in  
your area. You may reach them during Eastern business hours by  
calling: 1-800-431-2804 http://www.nosscr.org/











Yvonne
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