Exploring The Link Between Disability and Parkinson’s Disease Caused by Exposure to Paraquat
Hearing the words “You have Parkinson’s Disease” can be devastating. They confirm the health changes you have been experiencing for some time. The diagnosis will require answers to many questions about medical treatments, ongoing medical expenses, employment, and being compensated for Parkinson’s Disease caused by exposure to paraquat, an extremely toxic herbicide that has been linked to Parkinson’s.
While Parkinson’s Disease is a chronic condition, many people afflicted with the disease are able to continue working depending on their job duties. Others with severe symptoms of the disease may be unable to work and could be considered disabled. Consulting with a paraquat exposure injury attorney in Gonzales, Louisiana is a good place to begin evaluating your circumstances and ability to continue working. The lawyer will help you understand all of the options that are available to you.
Am I Considered A Disabled Worker If Diagnosed With Paraquat/Parkinson’s Disease?
The law defines a disability as being unable to participate in any significant profitable activity because of a physical or mental impairment that has been medically established. According to the Social Security Administration (SSA), you must meet specific requirements to be considered eligible for Social Security Benefits. The following requirements are considered in a sequential process when assessing your case.
- You cannot earn more than $1,260 a month when claiming disability.
- You must have an impairment or combination of impairments that limits your ability to do basic work for at least 12 months or will result in death.
- A review is conducted about whether your impairment meets all of the requirements on the SSA list of disabling conditions.
- If your condition does not meet all of the requirements, it must prevent you from performing any of your past work.
- You are unable to do any other type of work because of your impairment, age, education, past work experience, and transferable skills.
If you meet these requirements, the SSA will assess your neurological symptoms demonstrated by a combination of limitations in physical and mental capacity. The assessment includes your medical history, laboratory results, and statements made by you or others about your physical condition and symptoms and the effects of treatments. It may take from three to five months to get a decision from the Social Security regarding your status.
You may be able to continue to work at your current job for several years before Parkinson’s interferes with your ability to do you job. Depending on when you are diagnosed with Parkinson’s Disease, you may find that your symptoms make it difficult to perform your work duties. You may decide to change to a different job that is more manageable or reduce your hours and work part-time to accommodate your condition.
If you are no longer able to work and you wish to apply for Social Security Benefits, you must meet the established requirements. It is wise to consult with a paraquat exposure lawyer who can determine whether you meet the requirements and assist you with obtaining the required documentation to make an application for disability status.
What Are The Benefits Of Making A Claim For A Paraquat Lawsuit?
Many paraquat lawsuits have already been filed against the manufacturers of the chemical. The lawsuits claim that the manufacturers failed to warn consumers about the neurological risks of paraquat and the potential that exposure to it could cause Parkinson’s Disease. Because there are so many lawsuits, and more likely to come as people are diagnosed with paraquat induced Parkinson’s Disease, the cases may be treated as a class action or mass tort.
In fact, a motion was filed in May 2021 requesting the Judicial Panel on Multidistrict Litigation (JPML) to create a Paraquat MDL class action. This will consolidate the handling of all future paraquat cases in the federal courts.
How Do I Know If I Am I Eligible To File A Parkinson’s Disease Lawsuit?
If you were exposed to the herbicide paraquat while working as a farmer or agricultural laborer or you resided in a rural area where the herbicide was applied to nearby crops and fields, there is a chance you were exposed to paraquat. If you receive a diagnosis of Parkinson’s Disease, you may be eligible to file a lawsuit to recover financial compensation for your damages. One of the paraquat lawyers in Louisiana can review your case and explain your options for filing a claim.
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