We do not request reimbursement of costs
(such as repayment for obtaining medical records)
from veterans nor from people who suffer from multiple sclerosis.

Presumptive Disability Benefits

Win Your Claim for Presumptive Disability

Filing a disability claim and applying for Supplemental Security Income (SSI) can be a difficult process, especially for people who are dealing with health issues and financial distress. The overall process of filing a claim and seeking the benefits you need may take months.

The Social Security Administration (SSA) is the government agency that is responsible for approving or denying disability claims. Getting presumptive illness payments can keep you above water while Disability Determination Services (DDS) reviews your disability application.

What is Presumptive Disability?

Presumptive disability can be described as a presumed or identified condition, and there are a number of severe medical conditions that may automatically qualify for presumptive disability benefits. When an individual is applying for Supplemental Security Income (SSI), they can also apply for presumptive disability at the same time. Because the SSI applications take a long time to review, presumptive disorder can permit people to get immediate help when required.

Essential conditions that may qualify for presumptive illness payments include:

  • Complete blindness, in which there is no perception of light in either of the eyes
  • Complete deafness, in which there is no perception of sound in either of the ears
  • Cerebral palsy, muscular atrophy, and muscular dystrophy, which can cause a marked limitation in walking, coordination of arms or hands, and speaking
  • Leg amputation at the hop
  • Down syndrome
  • Low birth weights in children
  • Back injuries and spinal cord injuries that prevent a person from ambulating without using bilateral hand-held devices or a walker
  • HIV
  • AIDS 
  • Amyotrophic lateral sclerosis (ALS)
  • End-stage renal disease that requires chronic dialysis, with the medical records containing a CMS-2728-U3 report, which is a medical evidence report
  • Terminal disorders that have a life expectancy of six months or less, with evidence via a physician’s signed statement, telephone confirmation, or opinion from a knowledgeable official or a specialist from a hospital 
  • Immobility without a wheelchair, crutches, or walker, or bed confinement 

Is-Nephrotic-Syndrome-a-DisabilityFor a person who suffers from any of the conditions listed above, the disability application for presumptive disability will generally be approved by the SSA. You can review all of the necessary criteria on the SSA website to learn how you can qualify for this type of disability. 

However, the SSA may even deny Supplemental Security Income (SSI) claims for people who are suffering from these kinds of disabilities. Seeking guidance from a disability attorney can prove to be of great help and could also increase your chances of securing the benefits that you deserve.

Some of the symptoms found in children who suffer from presumptive illness include Down syndrome, neurodevelopmental impairment, intellectual disability, and low birth weight.

Time Within Which You Get the Benefits for SSA Presumptive Illness

The Social Security Administration (SSA) may approve your disability application for presumptive disability instantly. As soon as the SSA approves the application, a person starts to get the benefits within a week or a few days. However, in some cases, the payments for the presumptive illness may continue for six months, giving the DDA time to perform a complete review of the initial application for benefits. When the SSI application gets approved, the SSI benefits will begin and the presumptive disability benefits will end.

When a person’s disability is preventing him or her from working then a competent lawyer can help to get the benefits that he or she deserves. A lawyer will be able to file a successful claim for the disabled person. To speed up the application process of the SSA Presumptive disability, an experienced lawyer might prove to be advantageous.

How to Apply for Presumptive Disability Payments?

An individual can apply for presumptive disability payments at the same time that they apply for SSI Presumptive Disability. It is the SSA that will determine whether the application will be approved or denied. In the case of certain medical conditions, the SSA might approve the application only after it gets confirmation from a trusted medical source. A reliable medical source can either be a social worker, a doctor, or school personnel.

In some situations, the SSA field office might also deny your application and might forward it to DDS, which is then responsible for making decisions for the SSI disability applications. The DDA is much more flexible in granting benefits for an applicant’s presumptive illness. The DDA might also grant benefits to individuals who are suffering from a disorder and do not necessarily fulfill the symptoms or conditions stated above.

You might have questions regarding presumptive disorder or payments for presumptive blindness. In such situations, you should contact a skilled attorney who focuses their practice on helping disabled people secure the benefits they need. A lawyer can also help to make the process of winning disability claims both easier and more expedited. An efficient attorney can guide a disabled person throughout every step of the application process, including any appeals that may be required.

The payments for presumptive disorder or presumptive blindness may last for six months. The payments generally terminate when the SSA determines the applicant’s eligibility for SSI.

In cases in which an individual is not found to be eligible for the SSI benefits for which they applied, that person is not required to reimburse the SSA for any benefits payments relating to presumptive illness or presumptive blindness that they have already received.

A person who has been approved for SSI will not have to repay the payments. In the event that a person was overpaid for some reason, such as because of a mistake made in the countable income, then they might be responsible for repaying some of the presumptive benefits.

People who are applying for Social Security disability benefits

(SSD) under Social Security Disability Income will not be receiving this category of benefits. 

Contacting a lawyer

is the first step to obtaining disability benefits. A lawyer can guide you through the application process and provide information about your options for accessing the financial assistance you need.

Contact Chermol & Fishman, LLC
For a Free Evaluation

    What is 1 + 1 ?