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Anxiety and Social Security Administration Disability

Wednesday, February 15th, 2012

Everyone experiences some degree of anxiety in life, which can be heightened if a claimant does not have a job or income. Anxiety, which the Social Security Administration considers disabling, however, would be much more profound and severe.

The Social Security Administration has two methods they use to determine if a claimant is disabled for mental health disorders and qualifies for either Supplemental Security Income or Social Security Disability Insurance.

First, the Social Security Administration (SSA) will determine if the claimant’s condition is severe enough to meet or exceed a listing on the Social Security Administration’s Listing of Impairments (also informally known as the Blue Book) or if the claimant’s condition does not meet a listing whether or not the claimant has the residual functional capacity to work.

Meeting a Listing in the SSA Blue Book for Anxiety Disorders

Anxiety is a listed disorder found in the Social Security Administration’s Listing of Impairments under 12.00 Mental Disorders, Section 112.06 Anxiety-related disorders. To meet a listing the SSA is first looking for medical evidence of the disorder: signs, symptoms, psychological testing, clinical notes or laboratory testing. Claimants who have not seen a doctor or followed a doctor’s treatment plan will have difficulty proving they are disabled.

Next, the SSA will evaluate whether or not a claimant’s condition meets or exceeds the listing. Anxiety related disorders generally fall into severe phobias or obsessive compulsive disorders. According to the SSA, they would expect to see, “anxiety as either the predominant disturbance or experienced as the individual attempts to master symptoms; for example, confronting the dreaded object or situation in a phobic disorder or resisting the obsessions or compulsions in obsessive compulsive disorders.”

First the Social Security Administration is looking for three of the four signs of symptoms:

  • Motor tension – defined as trembling or the inability to sit still.
  • Autonomic hyperactivity – defined as sweating, increased heart rate, dry mouth
  • Apprehensive expectation – focusing on all possible negative outcomes and excessive worry
  • Vigilance and scanning- obsession with the environment and heightened fear above what the circumstance warrants

The SSA will also determine if the claimant has an “irrational fear of a specific object, activity, or situation which results in a compelling desire to avoid the dreaded object, activity, or situation” or “recurrent severe panic attacks manifested by a sudden unpredictable onset of intense apprehension, fear, terror and sense of impending doom occurring on the average of at least once a week” or “recurrent obsessions or compulsions which are a source of marked distress” or “recurrent and intrusive recollections of a traumatic experience, which are a source of marked distress.”

All the symptoms and signs listed above must lead also to the marked restrictions in at least two of the following: daily activities, social functioning, difficulty maintaining concentration, persistence or pace and repeated episodes of decompensation.

The claimant can also have all the symptoms listed above and prove that they do not have the ability to function outside of their home.

What if I do not meet a listing for anxiety?

Many claimants will not have all the evidence listed above to prove their anxiety disorder meets or exceeds the listing, but they can prove that their disorder, plus potentially other disorders, does not leave them enough residual capacity to work.

Most claimants who do not meet a listing should contact a disability lawyer and have them review their medical files. Disability lawyers help hundreds of claimants each year and they understand how to win disability benefits for anxiety disorders.

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SSDI– Most Common Questions Part II

Monday, February 13th, 2012

There are many questions disability claimants have about the Social Security Disability process and how the Social Security Administration determines whether claimants are disabled. This blog will address some of the most commonly asked questions.

 1.    How long does the disability process take for Social Security Disability Insurance?

This question can be a bit complicated because there are many answers. For some claimants who do not meet the most basic nonmedical requirements for SSDI (they do not have enough work credits for Social Security Disability Insurance (SSDI), they are working too many hours, their condition is not expected to last for 12 continuous months or their income and resources are too high for Supplemental Security Income) the disability denial may occur immediately over the phone or within one week.

If a claimant meets the nonmedical requirements for Social Security Disability Insurance (SSDI) the Social Security Administration will have to request their medical records from all of their treating sources, and in some cases, they will have to send the applicant to a consultative examination. This process could take months.

There are many reasons why the process takes so long but one of the main reasons is the sheer number of SSDI applicants. Each year there are millions of applications sent to the SSA and each application must be processes by a limited number of Social Security Administration representatives.

 2.    Why was I denied Social Security Disability Insurance?

This is a strange question because the reason an applicant was denied should be clearly stated on their denial letter. There are a finite number of reasons a claimant may have been denied: they did not have sufficient work credits for SSDI, the SSA does not think they are disabled, their condition is considered short-term, the claimant is working too much or the SSA thinks they could retrain for new work.

Whether or not the claimant can appeal the denial successfully will depend on the reason they were denied. The best thing to do if your claim has been denied is to talk to a disability lawyer.

 3.    How can I start the Social Security Disability process?

Some claimants want to contact the Social Security Administration immediately and quickly fill out a SSDI application without first finding out what they need to prove and understanding the process; this is a mistake.

Claimants are most successful when they first do a little research and find out how the Social Security Administration makes their disability decision.

What do you need to prove? How much can you work? How long does your condition have to last? How many work credits do you have? What do your medical records need to contain to prove you are disabled? These are basic questions that can be answered with less than an hour of research, but knowing the answers to these questions can dramatically improve a claimant’s chances of winning Social Security disability benefits.

What do you need to do if the process is too confusing and you need help? Making an appointment with a Social Security Administration representative is one option, but do not expect too much from them. As mentioned above, they process millions of claims a year and are not able to provide personal attention to every claimant. Another option is to contact a SSDI lawyer who can review your claim and let you know if you have a disability case.

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Social Security Administration and Severe Knee Problems

Monday, February 13th, 2012

Each year, millions of patients visit their doctors due to knee injuries, knee pain or arthritis in the knee. The knee, which is the largest joint in the body, is very complicated and vulnerable to injury. Capsule of right knee-joint (distended). Poste...

Claimants with a severe knee injury or injury to both knees may find it difficult to walk or ambulate or sit for long stretches at a time, making it difficult to maintain employment. Many disability claimants want to know if they can win Social Security Disability Insurance or Supplemental Security Income for a knee injury.

Can I get Social Security Disability Benefits for my Knee Injury?

The Social Security Administration (SSA) has two methods they use to determine if a claimant is disabled: meeting a listing in the Social Security Administration Listing of Impairments or proving they can no longer perform substantial gainful activity through a medical vocational allowance.

Meeting a Listing in the SSA Listing of Impairments for Knee Conditions

Claimants who have a severe knee injury may be evaluated under 1.00 Musculoskeletal System, Section 1.02 Major Dysfunction of a joint (due to any cause). The Social Security Administration (SSA) the dysfunction of the joint can be “characterized by gross anatomical deformity and chronic joint pain and stiffness with signs of limitation of motion or other abnormal motion of the affected joint(s), and findings on appropriate medically acceptable imaging of joint space narrowing, bony destruction, or ankylosis (stiffness of the bones due to rigidity of the affected joint).”

The Social Security Administration (SSA) is specifically evaluating whether a claimant can ambulate effectively which they define as a severe limitation of the claimant’s ability to walk independently without the assistance of a “hand-held device” such as a cane. The Social Security Administration recognizes that the use of a device to walk can further limit the claimant’s ability to use their upper extremities.

They further define the ability to ambulate as the ability to walk at a reasonable pace, without assistance from place to place including their place of employment or school. The Social Security Administration (SSA) also evaluates whether the claimant can walk on uneven surfaces, use public transportation and perform “normal daily activities” including shopping banking, climbing stairs and moving about one’s home without assistance.

Claimants who can prove that their knee conditions are so severe that they meet the definition as outlined above can win benefits by “meeting a listing.” The Social Security Administration would expect the claimant to have objective proof of their knee problems such as an X-ray and MRI report. The evidence should prove that one or both knees would make it difficult to carry out normal work activities such as walking, climbing, and carrying objects. Other limitations could be documented a well as the severity of the pain and the side effects of medication.

Winning disability for Knee Conditions through a Medical Vocational Allowance

Claimants who do not meet or exceed the listing as defined above will have to prove that their knee conditions are so severe that it leaves them with no residual capacity to work. The best way to prove this is by having a doctor complete a RFC or residual functional capacity form. This form clearly outlines the limitations of the claimant and the tasks they could not complete due to their health condition.

Claimants who are over fifty years of age, who have only performed unskilled work, who have no transferable work skills and who are not highly educated will have the best chance of proving that they could not retrain for new work.

 

 

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SSDI – Most Common Questions Part I

Sunday, February 12th, 2012

In our Social Security Disability forum there are several common questions which are asked by hundreds of Social Security Disability claimants. This blog will address these questions.

1.    Do I qualify for Social Security Disability Insurance?

This is the number one question asked by claimants. There are several issues to consider with this question including the nonmedical requirements and the medical requirements of the Social Security Disability program. Whether you are applying for Social Security Disability Insurance or Supplemental Security Income you will first have to meet several nonmedical requirements. If you do not meet these requirements the severity of your condition will not matter.

For both SSI and SSDI you must be disabled with a severe health condition which does not allow you to perform substantial gainful activity for at least 12 continuous months. If you are working and making too much money you will be automatically denied benefits.

For Social Security Disability Insurance (SSDI) you must also have enough work credits and be considered insured by the Social Security Administration. To obtain work credits you must have worked and paid employment taxes for a specific number of years. If you have not worked and paid taxes, if you have worked and not paid taxes or you have worked but stopped working for many years, you will not qualify for Social Security Disability Insurance.

For Supplemental Security Income (SSI) you must meet the requirements outlined above but you also must have very limited income and resources. For instance, individuals cannot have more than $2,000 in qualifying resources and couples cannot have more than $3,000 (some resources are exempt).

2.    Can I work part-time and get Social Security Disability Insurance?

The disability process can take months. With this in mind, many disability claimants are hoping to keep their job and support themselves while the SSA makes their disability decision. But is this a good idea?

It may be possible to work a few hours per week, but the Social Security Administration (SSA) may determine that if you are working part-time that with a little more effort you could work full-time and you are not disabled.

Remember, as mentioned above, if you work and perform substantial gainful activity you will be automatically denied Social Security Disability Insurance (SSDI) Supplemental Security Income (SSI) benefits.

3.    Can I get  Social Security Disability Insurance if my spouse is working?

This question seems to be very confusing for many claimants and it is because the answer can be different if you are applying for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI).

SSDI claimants do not have to worry about the income of their spouse. The SSA will not consider spousal income when they are making their disability determination. SSDI is based specifically on the disabled applicant’s own work history and health condition.

For SSI, however, because of the resource and income limitations, if your spouse is earning too much money the SSA will “deem” a part of their income to you (assuming that it will be used in part for your support) and you could be denied Supplemental Security Income (SSI) benefits.

 

 

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Social Security Administration Disability and Back Conditions

Saturday, February 11th, 2012

Is a back condition disabling?

There is no doubt that a severe back injury can be one of the most debilitating health conditions that workers face that make it impossible to work. Whether it is from lower, upper or middle back pain caused by degenerative disc disease, arthritis, nerve damage or disc herniation, if you have a severe back injury, you may need help.

Common symptoms of back injuries

There are a variety of common back injury symptoms from degenerative disc disease, disc herniation or spinal stenosis can range from moderate to severe:

  • Shooting and stabbing pain radiating down the legs
  • Shooting and stabbing pain radiating down the arms
  • Limited range of motion
  • Inability to walk with a natural gait
  • Inability to stand straight
  • Severe muscle ache
  • Weakness and numbing in the legs
  • Bowel or bladder incontinence

If you have a severe back  such as disc herniation or spinal stenosis the Social Security Administration has two methods it uses to determine if your condition is so severe that you cannot work. First, they will evaluate your medical evidence and symptoms to see if it meets or equals a listing on the Social Security Administration’s listing of Impairments. Next, if they determine your condition does not meet a listing, they will determine whether or not you have the residual capacity to work through a medical vocational allowance. This blog will specifically address how claimants can meet a listing.

Meeting a Listing in the Social Security Administration’s Listing of Impairments

The Social Security Listing of Impairments (also known as the Blue Book) is a list of conditions and symptoms that the SSA automatically considers severe enough to not allow claimants to perform substantial gainful activity.

The Social Security Administration does have a listing for disorders of the spine which is found under 1.00 Musculoskeletal System, Section 1.04 Disorders of the spine. Under this section is included the following conditions: herniated nucleus pulposus, spinal arachnoiditis, spinal stenosis, osteoarthritis, degenerative disc disease, facet arthritis, vertebral fracture, resulting in compromise of a nerve root (including the cauda equina) or the spinal cord.

Having one of these conditions (spinal stenosis, degenerative disc disease, or disc herniation) will not be enough to automatically win Social Security Disability Insurance or Supplemental Security Income. Additionally, the SSA will be looking for “evidence of nerve root compression characterized by neuro-anatomic (or nervous system) distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness) accompanied by sensory or reflex loss and, if there is involvement of the lower back, positive straight-leg raising test (sitting and supine).”

The Social Security Administration also looks for spinal arachnoiditis (pain disorder caused by the inflammation of the arachnoid, one of the membranes around the nerves of the spinal cord) which causes manifested by severe burning or sensation, causing the claimant to have to reposition themselves more than once every two hours.

Claimants who do not have any of those symptoms may be found disabling if they suffer from lumbar spinal stenosis which causes pseudoclaudication, which is a fancy, medical term for an inflammation of the nerves which emanate from the spinal cord. This pain should cause nonradicular pain and weakness and leave the claimant unable to ambulate effectively.

What evidence is the SSA looking for?

Claimants with a severe back condition such as spinal stenosis or degenerative disc disease should have MRIs, X-rays, CT scans and potentially an EMG report to support their medical claims. The doctor should also provide objective medical information about the claimant’s condition including a range of tests of the claimant’s gait, range of motion of the spine, straight leg test, evidence of their inability to walk on their heels or toes, inability to squat and rise, and measurements of muscle atrophy.

 

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SSDI and expediting Disability Reinstatement

Saturday, February 11th, 2012

Can I have my SSDI benefit reinstated?

Social Security Disability Insurance (SSDI) is a wage replacement disability benefit given to disabled workers who have a severe health condition, who have paid employment taxes and have earned enough work credits to be considered insured and who are unable to work for at least 12 continuous months.

Many claimants receive Social Security Disability Insurance for months or years and decide that maybe they would like to attempt to return to work. Claimants may work for awhile, maybe successfully, and either become more disabled or decide that they overestimated their mental or physical capabilities and decide they are not able to continue performing substantial gainful activity.

So what happens to the claimant who was receiving Social Security Disability Insurance, returned to work, but now cannot continue to work? Can they reinstate their Social Security Disability Insurance benefits? Will they have to apply all over again and wait months or years to have their SSDI benefits restarted?

Who can have their SSDI application expedited for reinstatement?

There is good news for many claimants who lost their Social Security Disability Insurance benefits because they attempted to return to work and began performing substantial gainful activity (working more and making more money than the SSA allows). Claimants who decide they are not able to work have five years (60 months) to reinitiate disability benefits without filing a new disability application. The Social Security Administration will require them to provide their current medical information.

The Social Security Administration (SSA) has created what they term an “expedited reinstatement process” for qualifying Social Security Disability Insurance claimants. The expedited process does not mean the claimant is GUARANTEED reinstatement; it simply expedites the disability review process.

Not all disability claimants who lost their benefits will qualify for expedited reinstatement (claimants who were determined NOT disabled by the SSA or whose income and resources rose too high for SSI, for instance, do not qualify). So who qualifies?

According to the Social Security Administration you may have your Social Security Disability Insurance benefits reinstated if you:

  • Stopped receiving benefits because of earnings from work,
  • Are unable to work or perform substantial gainful activity,
  • Are disabled because of an impairment(s) that is the same as or related to the impairment(s) that allowed you to get benefits earlier, and
  • Make the request within 5 years from the month your Social Security Disability Insurance benefits ended.

Will I get provisional SSDI payments while the SSA is processing my disability claim?

Yes, not only will the Social Security Administration expedite the review of your SSDI application, they will also provide provisional payments while you wait. These payments include your SSDI benefit payment and you medical coverage, which is Medicare for Social Security Disability Insurance claimants.

If you receive provisional payments from the Social Security Administration and they ultimately deny your SSDI request, under most conditions, you will not have to pay the payments back. Provisional payments are not paid indefinitely. They are paid for six months, up until you decide to return to substantial gainful activity, or you reach your full retirement age.

Contact the Social Security Administration at 1-800-772-1213 for more information or visit their website at www.ssa.gov.

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Homemaker – Can I get Social Security Disability Benefits?

Saturday, February 11th, 2012

Housewives and Social Security Disability

A  homemaker works for years supporting their families, providing food and clothing needs, washing dishes, and taking care of the kids. Everyone who has dedicated themselves to this noble profession understands that it is a full-time job that requires the skill and dedication of any other job. But can a homemaker, who is no longer able to work, get Social Security Disability Insurance?

It will depend on whether or not the homemaker ever worked and paid employment taxes into the Social Security Administration system.

Qualifying for Social Security Disability Insurance(SSDI)

Homemakers who have not worked and paid employment taxes will not qualify for Social Security Disability Insurance (SSDI). SSDI is only for employees who have sufficient work credits and who become disabled with a severe health condition which does not allow them to work for at least 12 continuous months.

According to the Social Security Administration, in 2012, you earn one credit for each $1,130 of wages or self-employment income. When you’ve earned $4,520, you’ve earned your four credits for the year. The amount of work credits you will need to qualify for Social Security Disability Insurance will vary based on your age when you became disabled, but most claimants will need 40 work credits to qualify.

So, unless a homemaker has worked part-time and has been generating income and paying employment taxes, they will never have the necessary work credits for SSDI benefits.

What are my other disability options as a homemaker?

Although you may not qualify for Social Security Disability Insurance, the Social Security Administration does provide additional wage replacement benefits through their Supplemental Security Income (SSI) program. This program, however, is only offered to claimants who have VERY limited income and resources.

For instance, you might be disabled with a condition which is expected to last for at least 12 continuous months and you cannot perform any type of work but if your family’s resource level is too high or if your husband makes too much money, you may not qualify for the Supplemental Security Income program.

The fairness of the SSI and SSDI system is always in question. This can be especially true for homemakers who dedicate themselves to their family their entire lives, become disabled and find that they have very limited disability benefit options. This issue can become even more serious for housewives who work for years to support their family and have a spouse abandon or leave with very little financial support, several kids, no job and the inability to find work.

Hiring a disability lawyer

If you are a disabled housewife it may be time to talk to a disability lawyer. If you do not meet the nonmedical requirements outlined above for either SSI or SSDI there may be little a lawyer can do for you, but it never hurts to have them review your case and see what your options may be.

If you have been a homemaker for years and have become disabled and your husband has divorced you, it is time to talk to a good divorce lawyer and make sure your child support or spousal support payments are sufficient to meet your future financial needs.

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SSI and SSDI – Why won’t anyone help me?

Saturday, February 11th, 2012

If you have applied for Social Security Disability Insurance or Supplemental Security Income and you have either been denied multiple times or have had to wait for months for a response from the Social Security Administration, you may be wondering, “Why won’t anyone help me get disability benefits?”

This is a valid question, but there can be many different answers depending on your health condition, whether you meet the nonmedical requirements of either Social Security Disability Insurance or Supplemental Security Income and whether you have sought medical care for your condition and have committed to follow your prescribed treatment plan.

Do you meet the requirements for Social Security Disability Insurance or Supplemental Security Income?

First, a review of your disability case is in order. Do you meet the requirements? There are many requirements for both SSDI and SSI that have nothing to do with the severity of your condition.

The SSA will first consider if you are working and performing what they call substantial gainful activity. If you are working at this level, your claim will be denied, regardless of your health condition.

Next, the Social Security Administration will evaluate if your condition is expected to last for at least 12 continuous months, if not, it is considered a short-term disability, and the Social Security Administration does not pay for short-term conditions. SSDI and SSI are only offered for conditions which are expected to last for at least 12 continuous months.

Now, both SSDI and SSI have their own requirements. For SSDI, you must have worked, paid employment taxes and earned work credits. For SSI, you must have limited income and resources.

If you do not meet the conditions listed above then the Social Security Administration will never award you benefits until your situation changes and that could be why you cannot get help.

Are you seeing a doctor and following your doctor’s treatment plan?

What if you meet the requirements outlined above and you still cannot get the help you need? The Social Security Administration will determine your disability status by analyzing your medical records and determining first if you “meet a listing” as defined by the SSA Listing of Impairments or if you have enough residual capacity to work (determined through a medical vocational allowance).

If the SSA has continuously denied your claim it could be that you do not have enough medical evidence to support your claim because you have not seen a doctor.

It could also mean that you have seen a doctor in the past, maybe attended one mental health evaluation but you did not continue treatment and you did not follow the treatment plan. For instance, if you have depression but you do not see a therapist or psychiatrist and you do not take your medication, the Social Security Administration assumes that if you were do these things you very well might be able to work.

Why won’t a Disability lawyer help me?

A disability lawyer may not be willing to help you for all the same reasons listed above: you are working too much, your resources and income are too high for SSI, you do not have enough work credits for SSDI, you refuse to seek proper medical treatment, or  you have seen a doctor but you will not follow your doctor’s treatment plan.

A disability lawyer works on a contingency fee basis and only gets paid if they win your Social Security Disability Insurance or Supplemental Security Income case. If they do not think they can win, they will not take your case.

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Social Security and Hearing Loss

Friday, February 10th, 2012

Claimants who have a severe hearing loss may be able to qualify for either Social Security Disability Insurance or Supplemental Security Income if they meet very specific requirements as defined by the Social Security Administration, and they can prove that their condition is so severe that it prevents them from working and performing substantial gainful activity.

Proving disability for  hearing loss

First, the SSA expects that you will have medical evidence that conclusively shows that you have a severe hearing loss, including audiometric measurements. According to the Social Security Administration they will generally require both a complete otologic examination and audiometric testing. The SSA also states that the “audiometric testing should be done within 2 months of the complete otologic examination.”

The otologic examine must be performed by either a medical or osteopathic doctor who is licensed. The SSA also states that they need “your medical history, the affects of your hearing loss, a description of the appearance of the external ears and ear canals, an evaluation of the tympanic membranes, and assessment of any middle ear abnormalities.”

If you cannot afford the appropriate testing the Social Security Administration will generally pay for you to visit the appropriate specialist to have the testing done. Testing is done without the use of hearing aids.

Meeting a listing on the SSA Listing of Impairments for Hearing Loss

The Social Security Administration maintains a list of all the conditions and symptoms which it considers automatically disabling. Hearing loss is listed under 2.00 Special Senses and Speech, Section 2.10 Hearing loss not treated with cochlear implantation and 2.11 Hearing loss treated with cochlear implantation.

To meet the listing for 2.10 Hearing loss not treated with cochlear implantation, according to the SSA you must have “an average air conduction hearing threshold of 90 decibels or greater in the better ear and an average bone conduction hearing threshold of 60 decibels or greater in the better ear or a word recognition score of 40 percent or less in the better ear as determined using a standardized list of phonetically balanced monosyllabic words.”

To meet the listing for 2.11 Hearing loss treated with cochlear implantation, the SSA will only “consider under a disability for one year after initial implantation or of more than one year after initial implantation if the claimant has a word recognition score of 60 percent or less as determined using the Hearing in Noise Test.”

What if my hearing loss does not meet a listing on the SSA Listing of Impairments?

Some claimants will have severe hearing loss but it may not meet or exceed the listing as defined by the SSA. If your hearing loss does not meet the SSA standard you may qualify for disability benefits through a medical vocational allowance if you can prove that your hearing loss lowers your functional capacity to perform work activities and you are not able to work your current job, your previous job or retrain for new work.

The Social Security Administration will consider not only your hearing loss condition but also your age, education, and previous work experience to determine if you could perform substantial gainful activity. Claimants who are older than 55 years of age, who have less than a high school education and who do not have any transferable work skills will have the best chance of winning disability benefits for hearing loss through a medical vocational allowance.

Mild or minimal hearing loss which can be easily corrected with a hearing aid or hearing loss in one ear generally will not be sufficient to win benefits.

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Social Security Disability and Lupus

Thursday, February 9th, 2012

Lupus is a chronic and inflammatory condition which affects the immune system, allowing it to become overactive and attack normal, healthy cells. Many different body systems may be affected and damage may occur in a claimant’s tissues, joints, kidneys, lungs and heart.

Lupus occurs more frequently in women than men, and the Lupus Foundation of America claims that women are diagnosed with lupus nine times more often than men. It is estimated that over 2 million Americans currently have some form of this condition.

What are the symptoms of lupus?

Lupus is the same as many health conditions, and the symptoms can range from the mild to severe. Some claimants may have one organ which is affected while other may suffer symptoms in multiple organs. What conditions do claimants who have this condition suffer from?

  • High fevers
  • Loss of hair
  • Bruising
  • Dry eyes
  • Sensitive to sunlight
  • Shortness of breath
  • Swelling
  • Depression
  • Headaches
  • Memory loss
  • Anxiety
  • Weight loss or weight gain
  • Chest pain
  • Pain in joints

Can I get Social Security Disability Insurance (SSDI) or Supplemental Security Income  (SSI) Benefits for Lupus?

The Social Security Administration (SSA) has two methods for determining if a claimant qualifies for Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits: meeting a listing on the Social Security Administration’s Listing of Impairments or proving they cannot work through a medical vocational allowance.

Meeting the SSA Listing for Lupus

Lupus is on the Social Security Administration’s listing of impairments (also informally known as the Blue Book). The listing is found under 14.00 Immune System Disorders, Section 14.02 Systemic lupus erythematosus.

For claimants to “meet a listing” they must first be diagnosed with Systemic Lupus Erythematorsus. Next the lupus must involve two or more of their organs or body systems.

Additionally, according to the SSA, “one of the organs/body systems involved to at least a moderate level of severity and at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss).”

If you do not meet that listing you can also prove that you have had repeated episodes or manifestations of this condition with “at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss).”

If you experience these symptoms or manifestations you must also prove that your activities of daily living and social functioning are severely limited and your ability to complete complicated tasks is severely limited because you do not have the ability to maintain your concentration, persistence or pace.

Getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) for Lupus through a medical vocational allowance

Individuals with Lupus who do not meet the Social Security Administration’s listing of impairments as outlined above may also qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits if they can prove this progressive disease can impair their ability to work. For example, claimants who suffer from a severe case of Lupus may develop symptoms which make it impossible to perform the following work activities:

  • Lift or carry weight
  • Stand, sit or walk for long period of time
  • Reach pull or push
  • Work with certain chemicals

Talk to a disability lawyer about the type of information you need in your medical records to prove your condition is so severe you cannot work.

 

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