PRESUMPTIVE ELIGIBILITY For Social Security Disability Insurance, SSDI
The Social Security Administration includes a presumptive eligibility ruling for people with ALS has been approved by the Office of Management and Budget (OMB).
What It Means?
As per Social Security rules a diagnosis of ALS is sufficient for being considered "disabled".
What It Does Not Mean?
This ruling does not mean that everyone diagnosed with ALS will be eligible for SSDI. In addition to being disabled, a claimant must still have a sufficient history of paying Social Security taxes in order to be eligible for SSDI. The worker must have worked long enough, fully insured, and recently enough, recently insured, under Social Security to be covered. (For more specific information on the definition of "quarters of coverage," call the Chapter office and speak with our Director of Patient Services, Adele Marano).
The ruling also does not mean that one can get SSDI immediately upon being diagnosed. People with ALS will still wait the 5-month period after applying before they will begin receiving their benefits.
Why is this a special rule for people with ALS
Although people with ALS must still meet the work history requirement for Social Security Disability payments, they do not need to wait to apply until they are able to prove substantial physical impairment. People who are diagnosed with ALS, see that their condition is progressing, and wish to stop working - either because they feel that their jobs adversely affect their health, or because they wish to spend more time with family and friends -- can apply for benefits at the time of diagnosis.
Why this is a special rule for people with ALS?
This rulemaking could not have happened without the tireless advocacy efforts by the hundreds of people who visited their Members of Congress on ALSA's ALS Advocacy Day or wrote letters asking for support. Due to your requests, 82 Members of Congress sent a letter to Commissioner Barnhart requesting this important change.
A special thanks goes to Mr. and Mrs. John Hunter from Ohio and Duane Pohlman, an investigative reporter from Cleveland who publicized their case. Mr. Hunter applied for but was denied disability benefits by his local Social Security office because they said that Mr. Hunter "could still walk with a normal gait." The Hunters were so disturbed by this ruling that, together with Mr. Pohlman, they made their story public and went to Washington, D.C. to make the claim for presumptive eligibility for all people with ALS.
The Fine Print
It is possible that local Social Security offices may still not all be aware of this ruling. Although the Social Security Administration makes an effort to update all workers of changes to the regulations, change sometimes takes time. If you are in the process of applying for SSDI, let the office you are dealing with know that the regulation is included as amendments to Parts 404 and 416 under Title 20 of the Code of Federal Regulations and was effective as of August 28, 2003. This will help them access the information and process your request more efficiently.
For More Information
Contact our Chapter at 800-672-8857.
