When Does a Heart Condition Qualify You for Disability?

 Posted on January 12, 2017 in Social Security Disability

There are a number of heart-related medical conditions that may qualify you for Social Security Disability Insurance benefits. Congestive heart failure, heart muscle disease (cardiomyopathy), and chronic obstructive pulmonary disease (COPD) can all limit a person's ability to maintain full-time employment. Other medical impairments, such as obesity and hypertension, may further aggravate existing heart conditions even if they do not independently qualify as disabilities.

Federal Court Cites Multiple Errors in Social Security Denial

As with any disability, it is essential to provide Social Security with reliable medical evidence documenting your conditions and any treatments you received. Even with such evidence, many Social Security officials will look for any reason to discredit your case and deny benefits. This can lead to an extended appeals process just to get Social Security to treat you fairly.

For example, in a recent Illinois case, the U.S. Seventh Circuit Court of Appeals ordered a third Social Security hearing for a disability applicant suffering from a number of heart problems. The applicant is considered obese and his treating cardiologists testified that due to his heart problems, he could not stand or walk for more than one hour—or sit for more than two hours—during a typical eight-hour workday. A second cardiologist said the applicant “would also have to lie down for an hour every 1 to 2 hours during the workday,” which rendered him “unemployable.”

Social Security chose to ignore the two cardiologists' opinions and denied the applicant's claim for benefits on two separate occasions. After his most recent rejection, the applicant asked the Seventh Circuit to intervene, which it did. In a December 2016 opinion, the Court identified the following problems with Social Security's decision:

• The Social Security judge assigned to the case said the applicant did not exhibit the “usual objective signs of severe pain,” and faulted him for not taking strong enough pain medication. The Seventh Circuit said that was “dangerous” thinking, since the applicant's condition did not call for stronger medication.
• Social Security ignored medical evidence the applicant also suffered from sleep apnea, noting it was not a “medically determinable impairment.” The Seventh Circuit said that was outright false, noting sleep apnea “if not diagnosed and treated can kill” a patient.
• Social Security concluded, despite the medical testimony regarding the applicant's limited ability to complete a full workday, that he could somehow find employment that would allow him to sleep 3 hours a day at work while also missing “3 or more of days per month.” The Seventh Circuit said that was “absurd.”
• Finally, the Social Security judge suggested the applicant's decision to quit smoking a few days prior to his disability hearing somehow undermined his credibility. The Seventh Circuit did not see the relevance of this.

Get Help With Your Illinois Social Security Disability Case

The main lesson from cases like this is that Social Security often gets it wrong the first (or second) time it assesses a disability case. If you find yourself in a similar situation, you should not be discouraged. You should, however, contact an experienced Chicago disability benefits lawyer who knows how to fight Social Security. Contact the offices of Pearson Disability Law, LLC to schedule a consultation with an attorney right away.

Source:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D01-04/C:16-1601:J:Posner:aut:T:fnOp:N:1889561:S:0