S.S. Disability Library
Back & Bone Problems
Disability claims based on an allegation of “back pain” are very common. In these claims, the question of disability typically depends on the degree of functional loss related to structural problems with the spine.
The severity of a claimant’s back pain cannot always be understood based solely on spinal abnormalities seen on plain X-rays, computerized tomographic images (CT), or magnetic resonance imaging (MRI). Despite this fact, there is a general correlation between objective spine abnormality findings and credible pain.
If your back problem is confirmed by imaging studies and is refractory to conservative treatments, you may be unable to work full-time. If so, you might be eligible for Social Security benefits.
Arthritis & Joint Disorders
Social Security disability claims commonly involve arthritis or joint disorders. The Social Security Administration generally evaluates our clients with these problems by how severely the arthritis or joint disorder affects moving and using arms, hands, and legs. The Social Security Administration looks particularly at medical imaging studies of joint spaces showing abnormalities that, in turn, cause limitations of motion.
There are some arthritis impairments are more likely to allow an approval. Arthritis of a major weight-bearing joint such as a hip, knee, or ankle that also impacts your ability to walk effectively can allow an approval. Age is a factor as well.
Our lawyers can also explain the significance of arthritic joint problems in both arms. Cases specifically involving an inability to use one or both hands together can be quite complicated to present to a Social Security judge.
Respiratory Problems
Different types of lung problems can keep you from working full-time. Lung problems include asthma, cystic fibrosis, pneumoconiosis, bronchiectasis, chronic lung infections, emphysema, pulmonary vascular hypertension, and sleep-related breathing disorders.
Whatever your diagnosis, lung problems can cause shortness of breath, coughing, wheezing, excessive mucus production, bloody mucus, and chest pain. Our attorneys encourage our clients to seek treatment from lung specialists, also known as pulmonologists. Specialists and others not only diagnose you, but they also do tests that objectively measure your pulmonary functions. Social Security uses these tests to evaluate whether you meet their set standards of disability.
Social Security needs to know if your lung problems will keep you from working for one year or more. As attorneys make legal argument based on your medical record. What do we look for? We need testing results, but we also need to know how you are functioning over time. Your doctor can talk with you about how important pulmonary functioning studies can be for your treatment. He or she can also talk with you about how often you should have these tests.
Sometimes Social Security cannot separate symptoms of your lung disease from habits such as smoking. Our attorneys can discuss with you how we address this issue with Social Security judges. In our legal experience, it is important to follow your doctor’s orders, but it is also important to tell your doctor when you can’t. As for smoking, your doctor may have different options to try to cut down or quit. Raise these concerns with your doctor.
Heart & Circulation Problems
For those applying for Social Security disability benefits, congestive heart failure (CHF) is, in our experience, one of the more debilitating impairments one can have. According to one expert, up to 5 million people per year suffer from CHF. The questions we have for those applying for Social Security disability is: (1) Do you have this diagnosis, (2) who diagnosed you, (3) how did you get diagnosed (testing), and (4) how long might you have it?
It is important to follow through immediately with medical care for all coronary issues, particularly if you just started having them. Shortness of breath, fatigue, chest pain, and other symptoms can (but not always) be cardiac-related. It is also important to keep in close contact with your doctors regarding medications and possible medication changes.
When our lawyers review cardiac claims, we are usually dealing with clients who already have a diagnosis of CHF and have had ongoing symptoms such as chest pain or swelling in the legs (edema). We then look to see if it was diagnosed by a cardiologis. With medical records from a cardiologist, we look to see what medical tests were done to verify the diagnosis. Some measures of heart failure, such as ejection fraction, are mentioned in the Social Security “listings”, or definitions of disability. There are ejection fractions which, if they persist long enough, can be disabling by definition. Stress tests and other testing specific to heart function also help us argue that full-time work at any exertional level is not possible – the medical standard of the Social Security Disability Insurance Program.
Our lawyers also look for other measures of ability to function that support disability in CHF cases.
What is important in CHF claims is how long your condition may last. If your heart function improves within 1 year, your treating physician may release you to work. This would be good news for you. Keep in mind, though, that CHF is serious enough that unless it measurably resolves from the point of your first diagnosis, you may wish to apply for Social Security Disability benefits while you keep treating with specialists and wait for improvement. You may apply if your health keeps you from being able to work or keeps you from earning gross monthly amounts below the level Social Security calls “substantial gainful activity.” Ask our lawyers about how being over age 50 improves your chances of approval.
Digestive Problems
Crohn’s disease is an immune system disorder that inflames the digestive tract. It can affect any part of the digestive tract, but it most commonly involves the small and large intestines.
The nature and extent of Crohn’s disease symptoms depend on where it arises – particularly with flare-ups. Symptoms include fever, abdominal pain, diarrhea, fever, fatigue, weight loss, and abscesses. The inflammatory process of Crohn’s disease can ultimately invade other organ systems, causing problems such as arthritis, eye inflammation, and sores on the skin.
There is currently no cure. Medication, lifestyle changes, and sometimes surgical intervention can treat the symptoms. Medical literature acknowledges that despite the best treatment, flare-ups can still occur. In our experience, it is important to treat with a gastroenterologist to establish the medical evidence of the unique expression of Crohn’s Disease in your life. Consistent treatment by a knowledgeable medical specialist improves the chances of approval for Social Security Disability benefits.
Social security disability claimants may qualify for benefits if the frequency of flare-ups and the severity of symptoms eliminate the possibility of full-time work. Arguing Crohn’s disease claims can be complex – particularly given variability of symptoms.
Autoimmune
Lupus
Lupus is an autoimmune disease that can impact almost any part of your body. Although lupus can be treated, there is no cure. Lupus causes your immune system to attack your body’s cells and tissues, causing inflammation and tissue damage.
Common symptoms of lupus include fever, general discomfort or uneasiness, joint pains, fatigue, muscle pain, and loss of cognitive abilities. Lupus symptoms can place great limitations on your daily living activities and social functioning. Because these symptoms are both widespread and common in other diseases, lupus can be easily overlooked or misdiagnosed.
If you have a diagnosis of lupus, and your symptoms keep you from working full-time, you may be eligible for Social Security Disability or Supplemental Security Income (SSI) benefits.
Our attorneys recommend that you see a particular kind of medical specialist to perform tests and document your lupus symptoms. Autoimmune diseases can be difficult to diagnose and treat, so the medical record evidence is very important when proving your impairments to Social Security judges at hearings.
Call today for a consultation if you are thinking about filing for Social Security disability due to lupus. Although disability claims can be complex and difficult to understand, we will gladly assess your claim and discuss your options.
AIDS/HIV
If you are sick enough from HIV or AIDS, you may be able to receive Social Security disability benefits. There are essentially two ways to be found disabled under the government’s guidelines. You either meet or equal a “listing”, or your combined symptoms are severe enough to make you unable to work full-time for 1 year or more.
HIV may begin with relatively few or no symptoms but progress as your body cannot fight infections. “Opportunistic” infections, and other health problems from HIV and AIDS, may be serious enough to lead to hospitalization:
- Bacterial, fungal, protozoan, or viral infections
- Malignant neoplasms
- Conditions of the skin or mucus membrane that don’t respond to treatment
- Blood abnormalities
- Neurological abnormalities
- HIV wasting syndrome
- Diarrhea lasting 1 month or more and requiring IV hydration or IV alimentation or tube feeding
- Cardiomyopathy
- Nephropathy
- Sepsis
- Meningitis
- Pneumonia
- Septic arthritis
- Endocarditis
- Chronic Sinusitis
Social Security also considers complications from HIV and AIDS-related conditions which may not lead to hospitalization but will severely impact your daily activities, ability to interact with others, and your ability to concentrate for at least 1 year or more.
If you, a friend, or a loved one cannot work due to HIV or AIDS, you may wish to hire our team. If you do, our lawyers will give you legal advice about the following:
- What kind of medical treatment allows us to argue your true level of functioning over time?
- How do you treat to avoid Social Security blaming you for your symptoms?
- How can an attorney help you before a federal judge at a hearing?
Most Social Security disability cases can be complex, especially involving HIV and AIDS. If you would like a licensed attorney rather than a generic “advocate or representative” to be on your side, call Arrow Legal Solutions today for a consultation.
Diabetes
Diabetes can be a very serious disease with multiple complications that can affect a wide range of body systems.
As with any claim for social security disability benefits, it is imperative that you treat regularly with a doctor, and follow their recommendations. Lab reports are going to be important to show fluctuating blood sugar levels despite a regular course of treatment. Testing for neuropathy may also be essential in proving one’s disability. If you have been experiencing numbness, weakness, and pain and have not been diagnosed with neuropathy, it is extremely important that you bring this to your doctor’s attention. Specific testing needs to be conducted to confirm the diagnosis.
If your diabetes does not meet or equal Social Security’s specific criteria for being found disabled, your symptoms may still cause significant functional limitations which may prove you are unable to work. An individual may have difficulty walking, standing, or may need to elevate their legs throughout the day. Numbness in one’s hands may impair your ability to write, type, and use small objects. Vision problems may prevent an individual from reading, using a computer, seeing small objects, or avoiding hazards in a work environment. These functional limitations, alone or in combination, may be enough to prove that no work would exist in the national economy.
Brain & Nervous System
Multiple Sclerosis (MS)
Generally, the Social Security Disability program evaluates your Multiple Sclerosis based on the limitations that cause you disorganization of motor functions. This specifically includes persistent problems you may have with your legs, hands, and arms. Furthermore, the SSA looks at problems and complications associated with your memory and concentration. This can include depression and anxiety related to your MS. We argue how MS has caused demonstrable fatigue.
In our legal experience, the best way to document your MS symptoms is to receive regular work-ups and ongoing treatment from a neurologist. At your appointment with your neurologist, make sure he or she conducts a physical exam. Furthermore, you need to thoroughly explain the difficulties you are having with your motor functions with your neurologist. Doctors take notes. The level of detail in these notes will document the complications and complaints you are having with your MS. Regardless of any condition you have, it is always important to receive regular medical treatment from your doctor. Every doctor visit you have creates a paper trail for the Social Security Administration to determine if your condition is getting better, staying the same, or getting worse.
Our lawyers recommend that you also report any changing complications from your MS to your neurologist. Your neurologist will likely be able to refer you to another doctor that specializes in, for example, vision or in mental health practice areas. As for mental health in particular, the proper specialist will be able to run tests to determine if you are having any problems with your memory and concentration. You should receive treatment from a psychiatrist or psychologist for any ongoing problems with depression and anxiety. We can point out how a psychiatrist and psychologist may be able to pinpoint and document specific issues in a way that is uniquely different than your primary care physician or neurologist.
Fatigue is a complication associated with MS. You may experience an especially tiring fatigue after a short period of exercise, a walk, or routine household chores. Report this kind fatigue to your neurologist. Additionally, ask your neurologist to conduct test to measure how easily your become fatigued. Your neurologist may be able to conduct a stress test or other tests to document how easily you become fatigued. From a legal standpoint, fatigue must be documented in some way – ideally by your neurologist. Keeping a daily journal regarding your activity and the fatigue associated with the activity could be helpful not only to lend credibility to your Social Security claim, but could also help your neurologist effectively treat you symptoms.
Parkinson’s Disease
Parkinson’s Disease can cause severe limitations in your ability to move and get around. You may also have difficulties starting and continuing activities. Additionally, Parkinson’s Disease may cause tremors that complicate your ability to walk, balance, and move around. All these symptoms are important when Social Security evaluates disability.
Consistent medical treatment is important for any Social Security Disability claim. It is especially important in cases regarding Parkinson’s Disease. Neurologist treatment will not only help confirm the diagnosis of Parkinson’s Disease, but it will help confirm the physical limitations directly associated with its progress.
As with any Social Security Disability claim, proper documentation by regular medical treatment can help support an approval of the claim. The Social Security Disability program reviews Parkinson’s Disease by deciding how severe the condition is, how it affects your ability to start and continue activities. This is why you should express any concerns you are having with your neurologist. Physical examinations can be improved with input from you. Our Hoglund Lawyers note that keeping a journal of the day-to-day problems you are having helps make sure that details are not forgotten during medical appointments.
Social Security Disability also looks at how Parkinson’s Disease affects two of your extremities. If your legs are involved, make sure to discuss with your doctor whether a cane or walker would be helpful. Do not be embarrassed to ask your doctor for a prescription if necessary for any devices that might improve your quality of life.
Cancer
The diagnosis of leukemia can be devastating, but there are different forms of it and different kinds of treatment. The Social Security Administration may be able to pay you government disability benefits if you prove that your leukemia is expected to keep you from working full-time for 1 year or more. This is good to know when you may have uncertainties about prognosis and treatment.
Leukemia, cancer of your body’s tissues that form your blood, can impact your bone marrow, your, lymphatic system, and other parts of your body. Some of your symptoms may include unexplained fatigue and weakness. You may also lose weight uncontrollably. If you have leukemia, make sure that your physician knows about any symptoms that concern you. This keeps a medical “track record” of your functional limitations associated with your diagnosis.
Multi-System Problems
Fibromyalgi
Fibromyalgia is a condition that includes symptoms of both fatigue and varying widespread musculoskeletal pain. It is considered a chronic condition. The only way to firmly diagnose fibromyalgia is through a trigger point examination. Typically this is done by a Rheumatologist, but it can also be done by any physician.
Fibromyalgia is not an impairment “listed” by the Social Security Administration. This does not mean that Fibromyalgia is not disabling. It just means that Social Security does not offer guidance on exactly how to evaluate fibromyalgia. In fact, fibromyalgia’s severity can be very different among different people. Fibromyalgia can be difficult to prove. For these reasons, it can be hard to win a Social Security disability claim with fibromyalgia as the only diagnosis.
If you are making a claim for Social Security disability, one important factor is to get the fibromyalgia treated and diagnosed by a Rheumatologist. The Social Security Administration will give the diagnosis and treatment more weight if it comes from a Rheumatologist. Fibromyalgia and depression often occur together. A claim for Social Security disability can be made stronger with treatment for depression by a Psychologist or Psychiatrist. If you have disabling fibromyalgia and need to make a claim for Social Security disability benefits, call today for a consultation.
Chronic Fatigue Syndrome
If you have trouble sleeping or you wake up feeling like you never slept at all, you could have the impairment of Chronic Fatigue Syndrome, or CFS. No specific pathology or etiology has been established for CFS. It is a real condition, and it can be disabling. If you are unable to work full-time because of the symptoms of fatigue, you may be approved for Social Security benefits.
In order to be considered disabled, the very first step is to be diagnosed by a medical professional. A diagnosis can be based on persistent and reproducible muscle tenderness. In our legal experience, CFS can be confirmed when other possible diagnoses have been eliminated by your treating doctor.
Organ Transplants
Myth #1: You need a transplant before you can apply for Social Security Disability and SSI benefits.
False. While it is true that those who have had a transplant can receive benefits, you do not need to wait until you have the transplant before applying for benefits. In our experience, most people undergoing a transplant have already been sick and unable to work for a long period of time.
Myth #2: You need to stop working entirely before applying for Social Security benefits.
False. Social Security allows you to apply for benefits as long as you are earning less than a set amount per month, called “substantial gainful activity” (SGA). Health problems leading to a kidney transplant can keep you from working full-time. Depending on your hours and gross pay, you may apply in the first month your gross monthly earnings fall below SGA. For the annual SGA level, click here: http://www.ssa.gov/oact/cola/sga.html
Myth #3: You should give up applying for benefits if you are denied at the first level.
False. Unless you and your doctor really think your health is good enough to earn above Social Security’s monthly SGA level (see above), complications that may lead to a transplant, can absolutely allow an eventual approval for benefits. You just have to keep appealing.
Myth #4: My decision to apply for Social Security benefits has nothing to do with my doctor.
False. In our experience, you should discuss your ability to work with your doctor. If your medical limitations don’t allow you to work above SGA (see above), or if you are over 50 and can’t return to your past work (when special rules apply), you should apply and plan to appeal any denials.
Talking with your doctor about your work limitations offers a two-fold benefit. First, if your doctor thinks you can work, this medical advice can help you continue earning an income without unduly risking health complications. Second, if your doctor thinks you cannot work, or can no longer work over time, your medical limitations should be reasonably clear in your medical record. In this latter situation, the Social Security administrative law judge (ALJ) at your hearing should have enough medical evidence about your limitations over time to give you a fair chance of approval — especially if you ultimately undergo a transplant.
Soft-Tissue Damage
Soft-Tissue injuries, when serious, can keep you out of full-time work for over a year or more. If so, the Social Security Administration allows you to receive disability benefits for your soft tissue injuries (e.g. burns). First, however, you need to meet certain qualifications.
Soft tissue injuries is a general category used by Social Security to describe complications from serious injuries to all parts of your body, including arms, legs, trunk, and face. Social Security evaluates whether you are under “continuing surgical management,” which just means surgery in some form is ongoing.
You need to expect serious limitations that will last one year. So, even if you get better over a year later (which can happen in soft tissue injury claims), you can still receive benefits retroactively for the year you were unable to work. This is called a “closed period of benefits”. An attorney can explain details about how this works.