Bi-Polar Disorder & How It Can Become A Disability
In our disability practice, we have helped many clients diagnosed with Bi-Polar Disorder. However, between the time of their first Bi-Polar episodes and their initial diagnoses, their lives can unravel. Many begin with episodes in childhood or adolescence, and go undiagnosed for years, leaving them to sort through turmoil on their own. Some, in an effort to “just feel better” will self-medicate with alcohol or drugs – legal or otherwise – which ultimately complicates their diagnoses, prognoses and their treatments. That is, their drug use temporarily “eases” the angst associated with Bi-Polar Disorder (although causes significant other mental health problems as well as physical health problems), leading them to put off seeking the help of psychiatric professionals. The longer a Bi-Polar patient goes undiagnosed, the worse his or her symptoms become, and the more unmanageable life, in general, becomes. That usually is the time they contact our office for assistance with a long-term (permanent) disability claim.
Typically, clients come to us at the point when their Bi-Polar Disorder has spiraled out of control and they no longer are able to hold down a job. When an individual is suffering from severe Bi-Polar symptoms, is nearly impossible to work, maintain a marriage and family, manage finances, or function in any meaningful capacity. Long-term (or permanent) disability benefits often offer the only viable means of financial support.
What Is Bi-Polar Disorder?
Bi-Polar Disorder is defined as mood swings that range from mania (extreme highs) to depression (extreme lows). A person may feel euphoric for a time, then fall into a deep depressive state. There are, however, degrees of Bi-Polar Disorder, and each one has its own difficult symptoms. The different types of Bi-Polar Disorder are:
- Bi-Polar Disorder I – This is the most serious. Bi-Polar Disorder is characterized by severe manic episodes and mood swings adversely affecting every aspect of a person’s life including work, school, home life, and personal relationships.
- Bi-Polar Disorder II – At this level, a person might be irritable, experience elevated moods, and have some difficulty focusing or functioning. However, he or she usually can still manage everyday life. Instead of mania, this person experiences hypomania which is less severe, and periods of depression generally last longer.
- Cyclothymania – This is a mild form of Bi-Polar Disorder where the highs and lows are not nearly as severe.
The symptoms and severity of Bi-Polar Disorder vary widely from one individual to another. For instance, some people have the most difficult time with manic episodes, while others suffer severe depression more frequently. And some people have what is known as mixed episodes where depression and mania occur simultaneously.
How Is Bi-Polar Disorder Diagnosed?
Generally, doctors will want to rule out any physical problems that could be causing similar symptoms. After a physical ailment is ruled out, a psychiatrist or psychologist will conduct an in-depth examination using Bi-Polar Disorder criteria from the Diagnostic and Statistical Manual of Mental Disorders (DSM).
How Can Bi-Polar Disorder Interfere With Your Ability To Work?
In its manic phase, Bi-Polar Disorder symptoms include an inability to concentrate, irritability, loss of judgment or reasonableness, risky behavior (including social or financial or both), abusive behavior, alcohol or drug abuse and more. Individuals experiencing manic episodes cannot focus on the tasks necessary to get their jobs done. They cannot make sound work decisions. They are disruptive to their fellow employees and can be confrontational in social situations. They often call in sick – leaving their work responsibilities to others.
Individuals experiencing Bi-Polar depression share some of the same characteristics such as irritability and inability to concentrate. Conversely, however, they suffer from extreme fatigue, loss of interest in daily activities (including work), anxiety, and sometimes suicidal thoughts. They also are disruptive in the work place, and call in sick frequently.
In general (and according to the Social Security Administration’s definition of Bi-Polar disability), someone with Bi-Polar Disorder is considered disabled and unable to work if:
- He or she cannot concentrate on work-related tasks and cannot complete tasks in a timely manner.
- His or her symptoms accelerate or worsen and interfere with daily life.
- He or she is disruptive at work and cannot get along well with co-workers.
- He or she cannot ably conduct the activities of daily living.
What To Do If Your Bi-Polar Disorder Becomes A Disability
The first thing to do is seek the help of a medical professional. You can begin with your primary care physician who, no doubt, will examine you and conduct a battery of tests to rule out any physical problems or conditions. If you are found in good physical health, your doctor most likely will refer you to a psychiatric professional for evaluation, diagnosis and treatment.
If your doctors conclude that your Bi-Polar Disorder is severe enough to constitute long-term (permanent) disability, the next thing to do is to consult with an attorney experienced in disability law. The attorneys at DeHaan Busse LLP focus on long-term (permanent) disability claims, and will provide you with a free case evaluation.
LUPUS Disability
Systemic Lupus is the most common form of LUPUS, and the one our firm deals with quite frequently. However, LUPUS can range from moderate to severe. At its most severe stage, LUPUS can adversely affect vital organs as well as the nervous system and the brain. LUPUS can cause inflammation of the kidneys, pulmonary hypertension, coronary artery disease, and a host of other serious medical conditions.
There are other ancillary conditions related to LUPUS including depression and pain. And even though LUPUS can be a devastating disease, it has periods of flare-ups and remission. Further, no two LUPUS patients are alike. The disease progresses at different rates depending upon the individual.
The variables associated with LUPUS, i.e., periods of remission and different rates of progression, often give way to challenges by disability insurance carriers seeking to deny disability claims. The complications of LUPUS and the unpredictability of the disease can often be manipulated in a legal argument. For example, if an individual diagnosed with Systemic LUPUS develops kidney damage, then experiences a period of remission, an insurance carrier might argue that he or she is not permanently disabled – despite the fact that LUPUS can always flare up again and worsen.
What To Do If You’re Disabled By LUPUS
First and most important, seek medical care and follow the precise advice of your doctors. Although LUPUS can be debilitating, people can learn to live with it, and there are specific treatments and lifestyle regimens that can help. If you and your doctors believe that you are simply unable to work due to the complications that have arisen as a result of LUPUS, consult with an attorney experienced in disability law.
A.G. Schneiderman Secures Guilty Plea in Local “Hidden Camera” Nursing Home Investigation
SOURCE: www.ag.ny.gov
TROY – Attorney General Eric T. Schneiderman today announced that a former health care worker pleaded guilty to charges that she neglected and endangered a dependent patient. Alicia Smith, a licensed practical nurse, entered the guilty plea following the Attorney General’s hidden surveillance camera investigation that revealed her misconduct.
“The actions uncovered by our investigation are simply inexcusable,” Attorney General Schneiderman said. “We will hold accountable anyone who preys on vulnerable New Yorkers. By using each of the tools at our office’s disposal, we will ensure that the ill are treated with the respect they deserve.”
With the consent of the family members, the Attorney General’s Medicaid Fraud Control Unit (MFCU) installed surveillance cameras to monitor the staff at the Northwoods Rehabilitation and Extended Care Facility in Troy. Over the course of a six-week period in 2009, the investigation revealed instances where staff neglected and endangered the patient. The resident was not cared for or given medication, and aides failed to check the resident for incontinence and change undergarments for long periods of time. In addition, the resident’s medical records show that the defendants falsified medical records to conceal their neglect. A physician’s assistant also created a phony record of an annual medical exam that never happened.
Smith’s plea reflects her actions as a Northwoods employee. She admitted that on March 7, 2009, she falsely documented medical records to state that she administered medication to a resident when in fact she did not. On March 23, 2009, Smith again falsely documented that she had applied ointment to a resident with an open pressure sore, but had not done so. She also admitted to endangering the resident’s welfare by failing to properly treat the open pressure sore and failing to provide timely, consistent, safe, adequate and appropriate services to the resident.
Smith, a 37-year-old Schenectady resident, entered the guilty plea before the Honorable Robert Jacon in Rensselaer County Court to two counts of Falsifying Business Records in the First Degree, class E felonies, one count of Endangering the Welfare of a Physically Disabled Person, a class A misdemeanor, and one count of Willful Violation of the Public Health Law, an unclassified misdemeanor. A class E felony carries a maximum penalty of four years in prison and the misdemeanors carry a maximum penalty of one year in jail.
This plea is the latest case in which the Attorney General’s office has used hidden cameras to obtain evidence to prosecute health care workers for mistreating patients, and the office is leading the nation in using hidden surveillance to investigate the abuse and neglect of patients at nursing homes. To date, 30 nursing home employees have been convicted based on surveillance recordings. In addition, one nursing home corporate owner has been convicted and another has settled a civil suit brought by the Attorney General’s office as a result of a hidden camera investigation.
The case began with charges against six licensed practical nurses and seven certified nurse aides that included multiple counts of Falsifying Business Records in the First Degree, a class E felony, Endangering the Welfare of a Physically Disabled Person, a class A misdemeanor, and Willful Violation of the Public Health Law, an unclassified misdemeanor. A physician’s assistant was charged with one count of each of the above charges.
A Rensselaer County Grand Jury indicted nine caregivers who were arraigned in September 2010. Six licensed practical nurses and two certified nurse aides were charged with multiple counts of Falsifying Business Records in the First Degree, Endangering the Welfare of a Physically Disabled Person, and Willful Violation of the Public Health Law. Six certified nurse aides have all entered pleas of guilty to various counts of Falsifying Business Records in the Second Degree, a class A misdemeanor, Endangering the Welfare of a Physically Disabled Person, and Willful Violation of Public Health Law. They have all surrendered their certificates and paid fines. All of the defendants are presumed innocent until proven guilty in a court of law.
This case is being prosecuted by Special Assistant Attorney General Kathleen Boland of the MFCU Albany Regional Office under the supervision of Regional Director Richard Harrow and Deputy Attorney General of MFCU Monica J. Hickey-Martin. The investigation was conducted by Confidential Medical Analyst Karen Patterson, RN, Senior Special Investigator Erik Podszus, Special Investigator Dawn Scandaliato, Supervising Special Investigator William Erdogan, and Associate Special Audit Investigator Joanna-Joy Volo.
U.S Justice Department Reaches Settlement With United Regional Health Care System
The U.S. Department of Justice recently reached a settlement agreement with United Regional Health Care System of Wichita Falls, Texas which would prevent the health care center from entering into contracts that improperly inhibit commercial health insurers from contracting with the hospital’s competitors. The Justice Department held that United Regional, through the use of unlawful contracts, maintained a monopoly for hospital services in the region. United Regional’s actions violated Section 2 of the Sherman Act, and caused consumers to pay higher prices for health care services.
The Justice Department’s Anti-Trust Division and the Texas Attorney General’s office filed a civil anti-trust lawsuit in the U.S. District Court for the Northern District of Texas, along with a proposed settlement to resolve the lawsuit.
United Regional is the largest hospital system in Wichita Falls, Texas, with approximately a 90% share of general acute-care inpatient hospital services and more than a 65% share of outpatient surgical services. It is the only provider of essential medical services in the region. United Regional’s average per-day rate for inpatient hospital services sold to commercial health insurers is approximately 70% higher than competing hospitals for the same services.