Mitochondrial myopathy and SSDI benefits
Mitochondrial myopathy is a disease of the mitochondria, tiny energy factories found inside almost all our cells. This condition most often causes muscular issues or degeneration. There are a variety of mitochondrial diseases; one of the most common is mitochondrial encephalomyopathy which is a condition which affects the brain.
Symptoms of mitochondrial myopathy
There are a variety of neurological and muscular issues caused by mitochondrial myopathy. The most common include hearing loss, muscle weakness, lack of balance, loss of coordination, learning deficiencies, and seizures. Additional complications include diabetes, limited growth, vision loss and diabetes.
DISABILITY BENEFITS OFFERED BY THE SSA:
The Social Security Administration (SSA) offers two different disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI is for workers who are disabled with a severe health condition which does not allow them to work for at least 12 continuous months. Claimants must also be insured for SSDI, which means they have worked and paid enough in SSA taxes to earn work credits.
SSI or Supplemental Security Income is for the aged, disabled or blind who are unable to work for at least 12 continuous months and have limited income and resources. SSI claimants do not have to earn work credits to qualify for SSI.
Winning SSI or SSDI for Mitochondrial Myopathy
To qualify for SSDI or SSI for mitochondrial myopathy you will first have to prove that you are not working and you do not have the ability to work or perform what the SSA calls substantial gainful activity.
Because this condition is progressive the SSA will assume it will last 12 continuous months, but to automatically win benefits you will have to prove your condition and its symptoms are listed on the SSA Listing of Impairments or they are as severe as a listed condition.
Mitochondrial Myopathy Disease and the SSA Listing of Impairments
Although Mitochondrial Myopathy Disease does not have a specific listing in the SSA Listing of Impairments this does not mean that you cannot have symptoms which are so severe that they could meet or exceed another listing. For instance, if you have severe seizures you could argue your condition meets or exceeds the listing for Seizures under 11.00 Neurological, 11.02 Epilepsy - convulsive epilepsy. Talk to a lawyer if you have additional questions about how to prove your condition meets a listing.
Medical Vocational Allowance and Mitochondrial Myopathy Disease
If your condition does not meet or exceed a listing you will have to have clear and convincing evidence that your condition is so severe you are unable to work. The SSA will evaluate your condition, your age, your work skills and your educational level to determine if you can perform your past work or retrain for new work.
The most important thing you need to win SSDI through a medical vocational allowance is to make sure your medical evidence clearly states your limitations to work. For instance, if you cannot stand, sit, reach, pull, or concentrate make sure your medical records clearly indicate this information.
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