Winning Disability for Gout through a Medical Vocational AllowanceTo be found automatically disabled for gout a claimant must meet a listing on the Social Security Administrations Listing of Impairments or Blue Book. What does this entail? Proving that you cannot ambulate effectively due to gross anatomical deformity, chronic joint pain, joint space narrowing, bony destruction, or ankylosis of the affected joint(s) and that your shoulder, elbows, wrist or hand are so severely affected by your condition that you cannot perform gross or fine motor movements effectively.
Medical Vocational Allowance for Gout
What if your Gout is not severe enough to meet or equal a listing on the Social Security Administrations Listing of Impairments? The Social Security Administration will review your residual functional capacity (RFC) to work and determine if you should be awarded benefits through a medical vocational allowance.
So how will the SSA make their disability determination? They will evaluate your ability to perform work-related tasks despite your gout.
First, the SSA will determine if you have the RFC or residual functional capacity to perform heavy, medium, light or sedentary work. So what types of limitations may reduce your residual functional capacity to work?
Do you have weakness and fatigue?
Are their side effects from your medication?
Do you have to take frequent breaks? Do you have to stand up and walk around or lie down?
Do you have additional surgeries scheduled?
What is the schedule of your medical treatments?
What are your limitations to reach, lift, pull?
What are your limitations to use your hands or arms?
What are your limitations to walk or amubulate without the help of a walker, cane or crutches?
If the Social Security Administration determines that you do not have the residual functional capacity to work after evaluating your age, medical condition, work history, and education level the Social Security Administration will award you either SSDI or SSI benefits, assuming you meet the nonmedical criteria of the corresponding program.
Basically, through the medical vocational allowance it is less about your diagnosis and more about whether or not you can work your current job, any previous job or be retrained for new work. The SSA will analyze your residual functional capacity and determine whether or not you can retrain for work available in the national economy.
Will it matter how old you are? Some claimants complain that they are denied because they are young. It is true that the Social Security Administration will assume that younger claimants generally have an increased capacity to retrain for new work. For example, think about the 55 year old construction worker who has worked the same job for 30 years. What are the chances that this same man, who has never done sedentary work at a desk, could retrain for new sedentary work? What about a 25 year old man? The SSA assumes his chances are better and are more likely to conclude, even if he cannot perform his current or previous jobs, he could be retrained for a new job.
Hiring a Social Security Disability Lawyer
If your gout is not severe enough to meet or equal a listing, you most likely will not be immediately approved and you will have to appeal your denial and file an appeal. Disability lawyers can help with all appeals and can help you gather the necessary documentation to improve your chances of winning disability benefits for gout through a medical vocational allowance.