In October of 2008, the Social Security Administration (SSA)
announced the commencement of the national Compassionate Allowances
Initiative, a means to expedite the processing of disability claims for
applicants whose medical conditions are so severe that their conditions
obviously meet the Social Security's standards. According to the
Commissioner of Social Security, Michael Astrue, "getting benefits
quickly to people with the most severe medical conditions is both the
right and the compassionate thing to do. This initiative will allow us
to make decisions on these cases in a matter of days, rather than months
or years."
Before announcing the initiative, the SSA held public hearings to
receive information from experts on rare diseases and cancers. The
agency also sought assistance from the National Institutes of Health. As
a result, the SSA initially launched the expedited decisions process
with a total of 50 conditions that included 25 cancers and 25 rare
diseases. The SSA vowed that, over time, more conditions would be added
to the list.
True to their word, in February of this year, the SSA announced that
early-onset Alzheimer's disease, as well as four related dementias have
been added to SSA's Compassionate Allowances Initiative. The four
related dementias include: frontotempral dementia (FTD) - Pick's
disease, Creutzfeldt-Jakob disease, mixed-dementia, and primary
progressive aphasia. To determine which diseases and conditions to
include, the SSA held several public outreach hearings throughout the
country that included testimony from medical experts as well as
testimony from those directly affected by the disease and conditions.
The July 2009 Compassionate Allowance Initiative Hearing on Early-Onset
Alzheimer's Disease and Related Dementias held in Chicago included
testimony from the CEO of the Alzheimer's Association, several of the
nation's top Alzheimer's disease researchers, and care givers and
individuals with early-onset Alzheimer's disease who discussed the
challenges they face during the disability application process.
During the day-long hearing, SSA officials heard about the terminal
nature of Alzheimer's disease, the disabilities that often prohibit work
in even the earliest stages of the disease, and the lack of effective
treatments to modify or halt the progression of the disease. The
Alzheimer's Association praised the SSA for understanding that cognitive
impairments caused by Alzheimer's disease leave individuals unable to
maintain gainful employment and deserving of an expedited disability
determination. The Association reiterated that Social Security benefits
are important to those with early-onset Alzheimer's disease and related
dementias who are unable to work and have no other source of income.
Individuals with early-onset Alzheimer's disease and related dementias
who apply for Social Security benefits are often initially denied, but
usually win on appeal. The problem is that the appeals process can take
years. Until now, individuals with early-onset Alzheimer's disease
have faced a myriad of challenges when applying for Social Security
Disability Insurance (SSDI) or Supplemental Security Income (SSI),
including a long decision process, initial denials, and multiple
appeals. According to the Alzheimer's Association, the recent decision
by the SSA to add these conditions will simplify and streamline the
SSDI/SSI application process and significantly decrease the wait time to
receive much-needed benefits.
In the words of Michael Astrue: "This is America. It is simply not
acceptable for people to wait years for a final decision on a disability
claim. I am committed to a process that is as fair and speedy as
possible. The launch of Compassionate Allowances is another step to
ensuring Americans with disabilities, especially those with certain
cancers, and rare diseases, get the benefits they need quickly."
For more information on the Compassionate Allowances Initiative and/or on Alzheimer's disease, please go to www.ssa.gov or www.alz.org.
___________
Oast & Hook has been providing quality legal services in
Southeastern Virginia and North Carolina for more than 80 years. The
attorneys at Oast & Hook can assist clients with their estate,
financial, insurance, long-term care, veterans' benefits and special
needs planning issues. Visit their website at www.oasthook.com for more information.
Sandra Smith
Sandra L. Smith joined the firm in 2003. She practices primarily in
the areas of elder law, estate planning, estate and trust
administration, special needs planning, asset protection planning,
long-term care planning and Veterans' benefits. Ms. Smith is certified
as an Elder Law Attorney (CELA) by The National Elder Law Foundation
(NELF).
In 2008, Ms. Smith was named as a Rising Star by Virginia Super
Lawyers magazine. Rising Stars names the state's top up-and-coming
attorneys.