Wednesday, April 25, 2012

Parkinson’s Disease and the Social Security Disability Benefits

A disability, such as Parkinson’s disease, can make an individual qualify for social security disability benefits. A person suffering from severe impairment and is unable to perform the usual job may ask for a consultation from a social security disability lawyer regarding his or her legal rights.

In most cases, Parkinson’s disease affects older people. However, cases of younger adults experiencing the disease’s symptoms have vastly increased nowadays. The disease cannot be determined by a particular test; hence, physicians usually detect the condition through a person’s symptoms. Oftentimes, patients are required to undergo a series of tests in order to confirm their conditions.

Parkinson’s disease is a destructive condition which generally affects the central nervous system. As it develops, it can lead to speech difficulties, improper posture, and difficulty in movement. Symptoms of the disease also include behavioral changes, depression, memory loss, urinary bladder or bowel problems, sleeping disorders, and more.

When symptoms of such condition progress, a person usually experiences substantial impairments. Unfortunately, up to present, no cure for Parkinson’s disease has been discovered, but only medicines to alleviate the physical inconveniences brought by some of its symptoms.

Although some people affected by the disease are able to live in a normal life, some find it difficult to cope with Parkinson’s, since its effect varies from one patient to another.

When the said condition became worse and its effect turns tremendously degenerative, in the long run, it can lead to severe long term disability. Subsequently, the same may qualify an individual to social security disability benefits. In such event, a social security disability lawyer can be of great help to assure a successful filing of claims.

Thursday, April 19, 2012

California Senate Bill Strips the “R-Word” and Supersedes with Intellectual Disability

The California Senate on Friday morning unanimously approved a bill drafted by Senator Fran Pavley entitled as Senate Bill 1381 which seeks to strip the R-word from the term “mentally retarded”.

According to Senator Pavley, she introduced the bill upon her strong intent of making a significant terminology change for the disabled community throughout the Golden state.

In the existing law, a certain psychological condition was referred to as “mental retardation”, or “mentally retarded” person, in provisions relating to educational and social services, commitment to state facilities, and felonious punishment.

Senator Pavley explained that the use of “R-word” is seriously offensive to many people with intellectual disabilities and to their families as well.

While using the “R-word” as a joke or to humiliate someone has been common to other people, such words have molded the understanding and self-worth of people who suffer from intellectual disabilities.

It is further explained that the term “mentally retarded” or “mental retardation” was originally used as a medical connotation but nowadays, this term is most commonly used to humiliate or insult people and strengthen hurtful stereotypes of intellectually disabled people.

Based on statistics, seven to eight million Americans, or one out of ten families in US, experience intellectual disabilities.

The bill seeks to modify the provisions to refer instead to “intellectual disability” or “a person with intellectual disability”. No additional costs are expected to be incurred by the state once the changes during usual revisions to laws and documents occur over the next few years.

As the 42 other states have, the federal government of California has finally removed the use of the “retarded” word. The word “mental retardation” and “mentally retarded” have been stripped from the federal health, education, and labor policies, and were replaced with “intellectual disability” and “individual with an intellectual disability”, respectively.

The bill, which was sponsored by The Arc of California, was backed by United Cerebral Palsy in California. California disability attorneys are definitely monitoring the legalization of the said bill since it can be considered as one of the significant changes constituted in the California’s disability codes.

Wednesday, April 11, 2012

Mental Illnesses that Qualify for Social Security Disability Benefits

If a mental illness has resulted in significant impairment and disability, it could eventually qualify for social security disability benefits.

A mental disorder that has lasted or is expected to last for at least a year could mean that an individual may qualify for social security disability benefits. However, the Social Security Administration (SSA) actually provided 9 categories for the classification of disabilities, namely:

• Natural Mental Disorder – it is when a behavioral or psychological impairment was brought by a brain malfunction.

• Schizophrenia – it is characterized by a breakdown of thinking processes and by poor emotional responsiveness. The disorder usually shows itself as auditor hallucinations, paranoid or strange illusions or disorganized speech and thinking. Significant social or occupational malfunction also comes along with the disorder.

• Affective Disorders – it is a manic or depressive syndrome which could be full or partial.

• Mental Retardation – it is a generalized disorder that usually comes to light before adulthood. It is usually characterized by significantly impaired perceptive functioning and lack of two or more adaptive behaviors.

• Anxiety Disorder – it is a disorder divided into generalized anxiety disorder, phobic disorder, and panic disorder.

• Somatoform Disorder – it is usually characterized by physical symptoms that suggest physical illness or injury; symptoms which cannot be fully explained by a general medical condition, direct effect of a substance, or chargeable to another mental condition.

• Personality Disorder – it is a class of personality types and persisting behaviors that come with significant distress or disability, which seems to depart from social expectations specifically in dealing with others.

• Substance Addiction Disorder – it is a condition when a person continues the use of alcohol or other drugs despite the problems related to the use of the intoxicating substance.

• Autistic Disorder – it is a condition caused by neural development usually characterized by impaired social interaction and communication as well as by limited and repetitive behavior.

In order for a person to qualify for the social security disability benefits, an individual must meet the criteria set by the agency for each of the said category.

Aside from the above mental disorders, there may be other types of mental illnesses that are not included on the list which could also qualify a person for social security disability benefits. However, each case will be carefully evaluated by the agency and the latter will also require proof of evidences showing that a person is unable to perform a job and other strenuous activities. Evidences include its signs and symptoms as well as the physicians’ finding, most particularly the psychological evaluation.

Chances of being qualified for the social security disability benefits are at stake. Most commonly, initial claims are often denied. Therefore, to improve a person’s chances of an approved claim, the best way is to have the best representation at the very start with the help of a qualified lawyer.

Wednesday, April 4, 2012

HPV Vaccines Caused Permanent Disability to Hundreds of Women

Hundreds of women who suffered permanent disability after receiving shots of HPV vaccines recently filed a lawsuit against its manufacturer, Merck.

The said vaccine was commonly referred to as Gardasil. It is used to prevent women from having HPV which can cause genital warts and even cervical cancer.


At least 213 women, headed by Naomi Snell, filed a lawsuit against Merck after they experienced different autoimmune and neurological complications following the injections of the HPV vaccine.

Complications suffered by the women include convulsion, severe back pain, neck pain, paralysis, anaphylaxis, miscarriage, strokes, vision impairment, and worst is permanent disability and fatal reactions.

Snell is only 28-year old when she was diagnosed with multiple sclerosis, which was later linked to a neurological reaction to the HPV vaccine. Same case also happened to the other women who joined and about to join in the lawsuit.

The plaintiffs claim that they weren’t warned about any possible side effects of the vaccine before they were given with the shots which come in three injections.

A document obtained by public interest group Judicial Watch from the US Food and Drug Administration (FDA) under the provisions of the Freedom of Information Act (FOIA) shows that there are 26 recent deaths reported to the government related to HPV vaccination.

The said class-action civil lawsuit set against Merck for personal injuries and deaths after taking Gardasil shots may help a lot in bringing more awareness to people about the risk of the said vaccine.

Meanwhile, such company is no longer a stranger to lawsuits. In fact, the company paid billions to other lawsuit claimants harmed by its other drugs. Unfortunately, in US, Merck is protected from civil lawsuits for HPV vaccine and injuries due to the liability shield provided by the US government to pharmaceutical companies.

Nevertheless, those victims of said HPV vaccine who sustained permanent disability will most likely receive social security disability income or SSI, since their complication demonstrated a severe, ongoing physical impairment which is far possible to improve under any circumstances.