Vision Loss and Blindness Disability Facts

Blind Disability Facts | Social Security Disability Evaluation Process | LaBovick Law Group of West Palm Beach, Florida

These Vision Loss and Blindness Disability Facts May Surprise You

  • In the United States, approximately 1 in every 3 Americans has some form of vision loss.
  • The most common cause of vision loss is age-related macular degeneration, which occurs when the small central portion of the retina deteriorates and typically affects individuals who are age 60 or older.
  • Glaucoma, cataracts, and diabetic retinopathy are the next most common causes of vision loss.
  • Another form of vision loss is caused by presbyopia. This condition occurs when the lens inside the eye begins to lose its ability to change shape.
  • It is estimated that 80% of vision loss can be prevented or cured. Meaning, depending upon the severity, there may be treatments to return or restore your vision, such as glasses, contact lenses, or surgery.
  • However, 20% of those who suffer from vision loss experience a permanent visual impairment.
  • If your vision loss is severe, you may be classified as being legally blind. To be considered legally blind, your visual acuity must be 20/200 or worse in your better eye, with corrective lenses.
  • Visual acuity testing for legal blindness needs to be confirmed by an ophthalmologist. An ophthalmologist will perform an eye exam to determine the extent of your vision. This examination may consist of the doctor measuring your eyesight with and without corrective glasses.
  • Even if you are not considered legally blind, the odds of you having difficulty performing your job are high if you are experiencing vision loss.
  • If your vision loss has you unable to perform your job duties, you may be eligible for disability benefits.

How Do I Know if I Get SSI or SSDI?

There are two types of disability programs:

  1. Social Security Disability Insurance (SSDI)Social Security Disability is a federally run insurance program that was started to provide financial and medical assistance to individuals who are unable to work due to a physical and/or mental condition. To be eligible for SSDI, you must first meet the technical requirements. SSDI is similar to other insurance policies you may have, such as car insurance. However, SSDI is funded by taxes. In other words, the federal government requires all individuals who earn an income through working to pay taxes on that earned income. Those taxes go towards your “premium” for Social Security Disability Insurance coverage. To obtain SSDI coverage, you must have paid a certain amount in taxes, generally taxes on earned income for the past five out of ten years. If you have paid enough in taxes, then you may qualify for the Social Security Disability Insurance program. SSDI pays monthly benefits out based upon the amount you specifically have paid in taxes. It also provides Medicare health insurance.
  2. Supplemental Security Income (SSI) – The technical requirements for Supplemental Security Income (SSI) eligibility do not mandate that you have paid taxes on your working income. SSI is set up similar to a federal welfare type of program, specifically for individuals who lack sufficient taxes paid into the system to qualify for SSDI. You will typically see someone who has never worked or has not been able to work the past five out of ten years apply for SSI. This program differs from SSDI in that the monetary benefit is a fixed monthly amount, reduced by any type of income or financial resource you may have. It is also governed by your state Medicaid program, rather than the federally run Medicare program.

What Is the Social Security Disability Evaluation Process?

Regardless of the program in which you meet the technical requirements, both require the same medical analysis in determining disability. When determining if you are disabled, the Social Security Administration will follow a five-step evaluation process:

  1. Free SSD Case Evaluation | LaBovick Law Group of West Palm Beach, Florida Substantial Gainful Activity – The first step is to evaluate whether you are working and earning over substantial gainful activity. This is a term the Social Security Administration (SSA) uses simply to ask whether you are actually currently earning any money per month. If you are, they consider whether that monthly amount exceeds the statutory limits. If you are not currently working, then you have nothing to worry about and would proceed on to step 2 in the process.
  2. Impairment Severity – The second step considers whether you suffer from a severe physical and/or mental condition which impairs your ability to work. This threshold is very low. Meaning, as long as you can show you suffer from a condition that poses a minimal impact upon your ability to work, then you will be found to have a severe impairment and thus moving on to step three.
  3. Social Security Listings – Step three is a bit different in that it considers whether your conditions meet or equal one of Social Security’s set listings. The listings are exactly how it sounds. It is a list of medical conditions which the SSA has deemed so severely that the conditions would cause a disability, as long as the medical evidence supports certain criteria. (In the case of visual loss, the SSA will consider listings 2.02-2.04. Listing 2.02 considers the loss of central visual acuity. To prove you meet this listing, you must show the remaining vision in the better eye after correction is 20/200 or less. Listing 2.03 considers contraction of the visual field in the better eye with the widest diameter around the point of fixation no greater than 20 degrees, or an MD of 22 decibels or greater, or a visual field efficiency of 20 percent or less. Listing 2.04 considers the loss of visual efficiency or visual impairment in the better eye with a visual efficiency percentage of 20 or less or a visual impairment value of 1.00 or greater after best correction. To prove you meet or equal one of these listings, you would typically need to show visual testing performed by an optometrist.)
  4. Residual Functional Capacity – If you do not meet the requirements of a Social Security listing, the SSA will then move on in terms of the disability analysis to evaluate your residual functional capacity. This step considers whether the functional limitations resulting from your condition prevent you from performing your past relevant work. If they do, then you will move on to step five.
  5. Work Opportunities – Step five considers whether there is any type of work that can be performed in the U.S. national economy based upon your limitations. If your conditions are found to be work preclusive, then you will be found disabled.

Clearly, there are a significant number of rules – and exceptions to the rules – in the Social Security Disability evaluation process. If you read this article about vision loss and blindness disability facts because you are struggling to work due to vision impairment, applying for disability benefits may be right for you.

However, like the Social Security Disability evaluation process, the application process also can be technically complex. At the LaBovick Law Group, we provide free consultations to help you determine if and how you should apply for disability benefits. Call us today at (561) 623-3681 – one phone call could save you a significant amount of financial stress.

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

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Personal injury

PERSONAL INJURY

$8.2 MILLION

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At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.