ALS Disability Insurance Access Act Become Law, Work Remains to Implement

Wandells

The ALS Disability Insurance Access Act went into law Tuesday, removing the 5-month delay for people with ALS to access the Social Security Disability benefits. This marks the culmination of a multi-year fight by ALS advocates across the country.  

The law will not go into effect immediately because the Social Security Administration must write rules for how it will be implemented, typically taking around 60 days following signing of a bill. Until those rules are written and implemented people with ALS applying for Social Security Disability will continue to face a five-month waiting period. The ALS Association will continue working with the administration and Congressional leaders throughout the rulemaking process to make sure the process is completed as quickly as possible.  

In the meantime, it is important to reflect back on the path to victory. As Sen. Sheldon Whitehouse (D-R.I.) said after the Senate passed the bill, this was made possible because of the hard work, determination, and perseverance of ALS advocates across the country. 

The ALS Association has made this issue a priority since it was first introduced in 2016, recognizing the incredible financial stress the community bears with an ALS diagnosis. ALS Association advocates reached out to members of Congress more than 54,000 times since then to build support for the bill, including during in-person meetings in Washington, D.C. during the Association’s annual advocacy conference.  

Those visits to Capitol Hill each year illustrate the fierce tenacity and perseverance of ALS advocates. While ALS Advocacy Day on the Hill is exhilarating, it is oftentimes exhausting and presents incredible challenges to these warriors, determined to share their stories, and show people what it’s like to live with this disease. 

The logistics of travel when living with ALS can be daunting and requires extensive planning to ensure safety and accessibility during these visits. ALS advocate and caregiver, Tabitha Wandell, who traveled to Washington, D.C. with her husband Josh, recounted their trip from Elizabethton, Tenn. to Capitol Hill in 2019. The couple needed special medical equipment and a nurse to help with Josh’s care during their trip. “It was difficult to travel,” Tabitha said. “The lift we brought did not raise up high enough to get Josh all the way in the bed, so we had to stand on the bed and hoist him the rest of the way in.”   

Image
Wandells
ALS advocates Tabitha
and Josh Wandell
visit Capitol Hill in 2019.
Dr. Josh Wandell lost
his battle with ALS
earlier this year. 

The Wandell’s traveled from office to office on Capitol Hill to tell their story repeatedly to legislators and legislative aids. “It was emotionally and physically exhausting,” she said. But Tabitha and Josh recognized the need to make the sacrifice to be there, to help legislators understand the devastating impact ALS has physically, financially, and emotionally on families. 

Steve and Lynn Ziegler, ALS advocates from St. Louis, Mo. made their first trip to Capitol Hill in 2015, just weeks after Steve’s ALS diagnosis at age 32. On their first visit, Steve was still able to walk when visiting lawmaker’s offices, so the trip was much easier. But on subsequent trips, because his ALS symptoms had progressed, Steve was forced to use a power chair and a bi-pap machine. Like other advocates who had traveled to Washington, D.C., Steve and Lynn needed accessible accommodations, secured necessary equipment like Hoyer lifts, and needed help with transportation that accommodated a power wheelchair.  

But that was not going to get in the way or hinder their passion. On his latest trip in 2019, Steve wore an action camera to give people an idea of what a day as an advocate is like, and what these amazing families must endure just to have their voices heard.

Despite the many challenges they faced, Tabitha says after seeing the bill pass, she felt it was all worth it, but she wished Josh had lived long enough to see it happen. “It brought tears to my eyes when I saw the news about the bill. It was an honor to participate in ALS Advocacy Day.” 

The ALS Association salutes the many people with ALS, their families, supporters, and loved ones who have fought so hard with us to make this legislation a reality. You truly inspire us all. Now on to the next fight! 

Comments

Submitted by: Laura B. on Wed, 12/23/2020

Hello. When will the disability act bill be sent to the president for signature?
Thank you

Submitted by: Amy L. on Tue, 01/05/2021

Hi Laura. The president has now signed the bill!

Submitted by: Barbara W. on Thu, 12/24/2020

I disagree that it will take 60 days and that applicants now will have to wait five months. The Law states that it is effective for applicants as of the date it became law. So an applicant Dec24 will not have to wait, it should be interpreted as retroactive.

Submitted by: Joe J. on Tue, 12/29/2020

I may have ALS. No-lateral numbness in hands and more. With COVID the overriding concern right now, I’m having a real problem getting to see a neurologist to determine what I have.

Submitted by: Amy L. on Tue, 01/05/2021

Hi Joe, I'm so sorry to hear that. Your local chapter of The ALS Association can recommend neurologists and ALS specialists in your area. You can find their contact information at als.org/chapters.

Submitted by: Robert B. on Thu, 01/07/2021

What about the veterans who got ALS from Agent Orange in Vietnam? Do we qualify for it?

Submitted by: Richard E. on Thu, 01/07/2021

"This marks the culmination of a multi-year fight by ALS advocates..."

"The ALS Association has made this issue a priority since it was first introduced in 2016..."

I wouldn’t be very proud of the fact that your effort took 4 years for the ALS Disability Insurance Access Act to pass. Rather, I’d be embarrassed!

Submitted by: Amy L. on Fri, 01/08/2021

Hi Richard. While we wish the bill had been passed sooner, the time it took was not due to a lack of effort. As the blog states, ALS Association advocates reached out to members of Congress more than 54,000 times to build support for the bill.

Submitted by: Richard E. on Fri, 01/08/2021

Hi Amy.

Thank you for your response.

Yes, the effort is very much commendable, 54,000 times is an astronomical number.

Two quotes come to mind; Albert Einstein, “The definition of insanity is doing the same thing over and over again and expecting a different result.” Also, James Ling, “Don't tell me how hard you work. Tell me how much you get done.”

Lou Gehrig died 80 years ago and since that time only two drugs have been approved which only extend life for about 3 months, not a very impressive track record of accomplishment.

I’m suggesting a different, perhaps more radical approach be brainstormed and implemented in accomplishing ALS objectives.

Unfortunately, I don’t have the answers. Hopefully people smarter than I can come up with more efficient, out-of-the-box ways to achieve the goals needed by ALS patients, because with the average lifespan of an ALS individual to be just between 2 to 5 years and their quality of life years considerably less than that, four years to achieve an accomplishment is a lifetime for an ALS patient.

Rich

Submitted by: Hope S. on Thu, 01/14/2021

Hi,
My name is Hope Swanson and I have ALS.
I've been denied SSDI,because I make to much money and haven't worked the last 6 years.
Is this correct I contacted Morgan & Morgan and they refused my case.
Do u have any answers or help.

Thank you,
Hope Swanson

Submitted by: Amy L. on Fri, 01/15/2021

Hi Hope,
Sorry to hear you are living with this awful disease. Your local chapter can provide support and help you navigate benefits. Find their contact information at als.org/chapters.

Submitted by: Carolyn H. on Sat, 01/23/2021

I am awaiting a positive diagnosis of ALS, as I am in the early stages. What will the bill cover? Has the five-month wait been eliminated?

Submitted by: Amy L. on Mon, 01/25/2021

Hi Carolyn. So sorry about what you are going through. The bill eliminates the five-month wait that people with ALS previously had to go through before receiving Social Security Disability benefits. Your local chapter can help you navigate the benefits that are available to people living with ALS, and their contact information can be found at als.org/chapters.

Submitted by: Mary H. on Mon, 02/01/2021

I’m currently in the five month waiting period and if it weren’t for family I’d be worse.

Submitted by: Kate M. on Fri, 04/21/2023

I applied for disability benefits (ALS) on Feb 20, 2023 and was told I would not receive my first payment until September and no retroactive payments. It is incredibly disheartening and stressful that we have to go thru this while dealing with a terminal illness.

Submitted by: Amy L. on Tue, 04/25/2023

Kate, so sorry. Your local ALS Association care team may be able to help you get the benefits you deserve. You can find their contact information here: als.org/local-team

Submitted by: Kimi L. on Fri, 12/15/2023

I have been going to an ALS CLINIC since Jan 2023. I applied for SS disability in May 2023. I was informed it was approved but I would have to do the 5 mo waiting period. I did an appeal/ reconsideration. I received a letter back informing me they based decision not on ALS, but on the condition of neurological disorders other than ALS. I sent in all my clinic visits that state I have ALS. Today I called for an update. I was told they denied my request for waiving the 5 month waiting period. Has anyone else had this happen. Is it happening and people aren't aware?
The person I spoke to said I can appeal again. I am someone who has been slow to decline. I'm not sure if that made a difference. Any suggestions ???

Submitted by: Miriam B. on Wed, 12/20/2023

Hello Kimi,

Thank you for contacting us with questions related to Social Security Disability (SSD). ALS Disability Insurance Access Act became law, waiving the five-month waiting period before people with ALS can access Social Security Disability Insurance (SSDI) and Medicare benefits, this has not changed. The only thing I can think of is when filling out the SSD application someone used the wrong disability code to identify you as having ALS. We are not experts at SSD; therefore I would like to provide you with a resource to experts that can assist you with this. Please reach out to Advocating for Chronic Conditions, Entitlements and Social Services (ACCESS) is a free disability legal aid program, offered by Accessia Health, for families facing specific chronic medical conditions https://accessiahealth.org/legal-assistance/. Another resource is the Patient Advocate Foundation (PAF). Their case managers offer free, one-on-one support to patients and families to help them solve real-life problems related to a serious health condition. To learn more please click https://www.patientadvocate.org/connect-with-services/case-management-s…. They can also be reached at 800-532-5274. I hope this is helpful.

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