Listing 3.03 Asthma

October 1, 2013

Any health condition that impairs a person’s ability to breathe can be extremely traumatic and debilitating. One such condition is Asthma, which is a relatively well-known impairment characterized by constriction and inflammation of the airways that makes it difficult for the afflicted individual to breathe. A diagnosis of Asthma can have a substantial effect on a person’s ability to work, and may lead to entitlement for disability benefits. The Social Security Administration (SSA) evaluates Asthma under Section 3.03 of the Impairment Listing Manual. In order to meet the criteria of Listing 3.03, a person must have a diagnosis of asthma with either Chronic Asthmatic Bronchitis More...

Information obtained from internet when adjudicating cases

September 16, 2013

With the increased popularity of the internet and various social media websites, many people may be wondering  how the information they post on the internet may effect their claim for Social Security Disability Insurance benefits (SSDI) or Supplemental Security Income (SSI). Fortunately, the Social Security Administration (SSA) has included a new section in the Hearings, Appeals and Litigation Law (HALLEX) manual regarding the use of information obtained from the internet when adjudicating cases. Generally, an Administrative Law Judge (ALJ), as well as other staff within the hearing office, may not rely on information from the internet unless it has been verified by a Cooperative Disability More...

Multiple Sclerosis, or MS, is a neurological disorder that frequently effects an individual’s ability to engage in gainful activity.

July 22, 2013

Multiple Sclerosis, or MS, is a neurological disorder that frequently effects an individual’s ability to engage in gainful activity. It can be disabling while at other times, an employee with MS may seek an accommodation under the ADA. If you have MS and file a claim for disability benefits, the Social Security Administration (SSA) will evaluate the severity of your disorder under listing 11.09 of the Impairment Listing Manual.   Listing 11.09 is divided into 3 paragraphs: A, B and C. Paragraph A provides criteria for evaluating disorganization of motor function, a symptom characteristic of a diagnosis of MS. Paragraph B references other listings for evaluating More...

Heart failure (CHF) is a condition that effects the heart’s ability to pump enough blood to body tissues, and may effect a person’s ability to work and entitle that person to receive disability benefits.

July 15, 2013

Heart failure (CHF) is a condition that effects the heart’s ability to pump enough blood to body tissues, and may effect a person’s ability to work and entitle that person to receive disability benefits. There can be multiple causes of CHF, including hypertension, cardiomyopathy rheumatic, congenital, or other heart disease. To qualify as disabled for chronic heart failure, the Social Security Administration analyzes it under Listing 4.02.  In order to meet the severity level under listing 4.02, an individual must meet the criteria of both parts A and B of that listing. Both of the two main types of heart failure (predominant systolic dysfunction and predominant diastolic More...

Seizures and Epilepsy

July 14, 2013

Seizures and Epilepsy are neurological disorders that affect a person’s ability to perform tasks, sometimes even simple tasks, and leave many individuals unable to work. The Social Security Administration (SSA) classifies Epilepsy as a neurological disorder under Listing 11.02 and 11.03 of the Impairment Listing Manual. We say individuals with purpose here as there are many types and levels of seizures, and they have a wide variety of effect on that individual.  Disability applicants certainly can receive benefits but SSA bases a determination on the severity and frequency of the seizures, potentially in combination with other health issues.  Social Security will first examine the frequency, More...

Knee, elbow and pain in any major joint, no matter the cause, can severely limit your daily activities but also your ability to work.

July 8, 2013

Knee, elbow and pain in any major joint, no matter the cause, can severely limit your  daily activities but also your ability to work. Disability issues for joint pain and dysfunction are categorized under Listing 1.02.  In order to qualify, you must show an anatomical deformity in the effected joint, along with chronic pain or stiffness that limits the range of motion and functioning of the joint. You must also be able to show signs of joint space narrowing, bony destruction, or ankylosis of the affected joint through medically acceptable imaging, such as an x-ray. Listing 1.02 also distinguishes between major weight bearing joints like More...

Inflammatory arthritis is a disability often causing inflammation – and distinct pain, in joints.

May 30, 2013

Inflammatory arthritis is a disability often causing inflammation – and distinct pain, in joints.  It frequently is associated with swelling and tenderness.  It is associated with disorders such as Rheumatoid arthritis, Sjogren’s syndrome, Psoriatic arthritis, gout and psuedo-gout, lyme disease, and inflammatory bowel syndrome. The pain and other symptoms may result in difficulty with many forms of movement, and may effect one’s ability to work. The Social Security Administration (SSA) evaluates inflammatory arthritis under listing 14.09 of the Impairment Listing Manual.  The regulation references persistent inflammation or persistent deformity of …weight-bearing joints resulting in the inability to ambulate effectively or … the inability to perform More...

Degenerative Disk Disease

May 22, 2013

If you have Degenerative Disk Disease and are unable to work as a result of your diagnosis, you may be entitled to Social Security Disability benefits. The Social Security Administration (SSA) classifies Degenerative Disk Disease as a disorder of the spine under Listing 1.04 of the Impairment Listing Manual. When filing a claim for disability benefits with a diagnosis of Degenerative Disk Disease, it is important to have medical records showing evidence of the following criteria, set forth in Listing 1.04: 1. Nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss (atrophy with associated muscle weakness or More...

Certain cancers make an applicant immediately eligible to start receiving benefits.

May 13, 2013

No doubt that receiving a diagnosis of cancer is both traumatic and overwhelming. You may be unable to work and keep up with their normal everyday lifestyles as a result. Depending on the nature of the cancer, you may be eligible to qualify them to receive Social Security Disability Insurance benefits (SSDI) or Supplemental Security Income benefits (SSI).   Certain cancers make an applicant immediately eligible to start receiving benefits. Based on the cancer diagnosis alone, the following types of cancers garner immediate approval: metastatic brain or spinal cord carcinoma, inflammatory breast cancer, mesothelioma of the pleura, small cell cancer of the lungs, primary cancer More...

Children, Down’s Syndrome and Disability

April 26, 2013

Down syndrome is caused by an individual having an extra chromosome. In the United States, 1 in every 691 babies are born with Down syndrome, making it the most common genetic condition. The genetic condition affects each child’s course of development differently. Some of the most common physical traits are small stature, slanted eyes, and low muscle tone. https://ndss.org/about If your child has been diagnosed with non-mosaic Down syndrome and meets SSA’s financial requirements, he or she will automatically start receiving SSI payments. You can prove your child’s non-mosaic Down syndrome disability by a laboratory test or by obtaining a report from your child’s physician. The More...