Diabetes in Older Adults: Know Your Rights

Diabetes is a life-long chronic condition that affects millions of Americans, especially adults. Diabetes can become more prominent among people aged over 65 and could have harsher symptoms and affect the livelihood of seniors.

Diabetes in older adults could lead to higher mortality and risk of more complicated cardiovascular diseases. Due to these conditions, older diabetics could be forced out of employment or face discrimination in the workplace.

For this reason, older adults may be eligible for disability benefits such as Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). However, the claims process to receive benefits can be complex and difficult to navigate. 

Seniors in the Philadelphia area can contact an attorney to represent them and fight for their rights. A lawyer can help elderly diabetics claim diabetes disability benefits for their conditions.

Types of Diabetes in Older Adults

Understanding the different types of diabetes in seniors is important for knowing whether someone is properly diagnosed, and it may also determine which disability benefits they qualify for. The key difference between type 1 and 2 diabetes is how your body’s insulin works.

Insulin is a hormone in your pancreas that allows you to regulate blood sugar levels. When blood sugar levels are erratic and get too high, it can cause hypoglycemia and lead to blurred vision, fatigue, extreme hunger, and frequent urination. 

Type 1 Diabetes

Type 1 diabetes occurs when the body doesn’t produce insulin. It is essentially an endocrine system disorder where your body’s immune system mistakes insulin-producing cells as foreign invaders, and the body effectively stops producing insulin altogether.

Diabetics with type 1 have to take synthetic insulin in order to regulate their bodies. Synthetic insulin is typically injected once-daily via a syringe.

Type 2 Diabetes

Type 2 diabetes occurs when the body cannot use insulin properly. Type 2 diabetics may be able to produce insulin at first, but cells in the rest of the body stop responding to it. 

Diabetics with type 2 may also take synthetic insulin or other medications that supplement the pancreas.

Prediabetes

Prediabetes is a term used to describe individuals who have high blood sugar levels but not enough for a doctor to classify it as diabetes. Prediabetes can often lead to diabetes, and have mild but similar symptoms to regular type 2 diabetes.

What Should You Do to Prevent Diabetes?

Diabetes prevention can involve diet changes and exercising. Doctors recommend eating small portions on average, eating roasted meats as opposed to fried, using olive oil instead of butter, and low-fat and plant-based foods. Exercises like walking, biking, swimming, and light dancing can also be considered as part of diabetes self-management. 

Lowering one’s sugar intake will also help prevent diabetes, as empty calories from bread, cereal, candy, sugary drinks, and other desserts may lead to higher blood glucose levels.

What Challenges Do Older People Face When Managing Diabetes?

Diabetes is considered an invisible disability, meaning that it is not easily determined or immediately obvious that someone is a diabetic. 

As a result, diabetes in elderly people may lead to discrimination in the workplace, such as wrongful termination, demotions, or suspensions. Drivers with diabetes also have to follow a particular set of rules to get their commercial driver’s license (CDL).

The Equal Employment Opportunity Commission (EEOC) is a federal law enforcement agency established by civil rights legislation to fight against workplace discrimination. The EEOC can investigate diabetes discrimination cases where someone with diabetes could have been wrongfully affected. 

A disability lawyer can help persons with disabilities file a charge of discrimination and submit a position statement, which is a statement that clearly explains the alleged victim’s facts of the case and witness testimony that supports the claim.

Legal Rights of Older Adults with Diabetes

In 1990, the Americans with Disabilities Act (ADA) was passed as a civil rights law that aimed to prevent discrimination in the workplace and provide legal protections for disabled persons. Since then, federal laws have been put in place for disability advocacy to provide reasonable accommodations for people with diabetes. 

For instance, the Safe at School campaign was designed to boost education efforts for children with diabetes. And for older folks, there are social security disability benefits rules after age 55 that allow for seniors with disabilities – like diabetes – to receive benefits like Medicaid easier.

Disability claims are made to the Social Security Administration (SSA), but the claims process can be lengthy and not all diabetes claims are accepted. 

If the SSA rejects a claim, a disability attorney can help seniors dispute the decision. Disability attorneys can have expert knowledge in diabetes-related legal issues, and can successfully negotiate or dispute with the SSA or an appeals court to ensure you receive the benefits you deserve.

If necessary, a disability attorney can appeal a claim to the Department of Justice (DOJ), as seasoned attorneys will have experience in litigation and arguing in court on a client’s behalf.

Need Legal Help? Contact a Disability Lawyer Today!

If you are a elderly with diabetes after age 60, you may be entitled to Social Security disability benefits, and a disability lawyer can help you claim them. Similarly, in cases where there is discrimination because of diabetes or age in employment/licensure cases, a Philadelphia disability lawyer can investigate your complaint and help file the complaint with the EEOC. 

At Chermol Fishman, our disability lawyers can assist older adults with diabetes in receiving SSI and SSDI benefits, and fighting against disability discrimination in the workplace. Contact us and receive legal help today!