Posted on June 14, 2016 in Social Security Disability

In earlier posts, we talked about how medical conditions that cause chronic pain, such as fibromyalgia, may help qualify someone to receive Social Security Disability insurance benefits. Although chronic pain can render a person unable to work, Social Security officials often dismiss complaints of chronic pain as made up. With that in mind, here are some things you should know about seeking disability benefits if you suffer from chronic pain.

1. Obtain as Much Medical Evidence as Possible

The biggest issue with applying for disability benefits based on chronic pain is the difficulty in “objectively” proving its frequency and severity. Social Security officials tend to assume disability applicants are fabricating or exaggerating their pain just to get benefits. That is why you need to approach Social Security with as much documented medical evidence as possible. This includes laboratory tests, X-rays, and physical examination by a qualified physician. Keep in mind that medical evidence need not prove the severity of your pain, only that it has a demonstrable physical cause.

Continue Reading ››

 Posted on June 07, 2016 in Already Applied for Disability Benefits

We have already discussed how chronic pain conditions, such as fibromyalgia, may qualify a person for Social Security Disability Insurance benefits. There are many cases where chronic pain can be difficult to diagnose through objective medical evidence. That does not mean, however, that Social Security officials may simply disregard or dismiss an applicant’s subjective complaints about pain.

Illinois Judge Orders New Hearing for Woman With Chronic Knee Pain

Federal courts in Illinois routinely chastise Social Security for its failure to properly deal with applicants suffering from chronic pain. Here is a recent example. The applicant in this case was a 57-year-old woman who most recently worked as a housekeeper. She stopped working due to chronic pain in her knees and feet, as well as other medical impairments. The applicant also suffered from arthritis and depression.

Continue Reading ››

 Posted on May 24, 2016 in Social Security Disability Medical Conditions

In a previous post, we discussed how a person suffering from chronic pain may qualify for Social Security Disability Insurance benefits. There are many medical conditions that can produce chronic pain. One of the more common is fibromyalgia.

What Is Fibromyalgia?

According to the National Institutes for Health (NIH), fibromyalgia is a “chronic disorder characterized by widespread pain, diffuse tenderness, and a number of other symptoms.” While fibromyalgia is often compared to arthritis, another rheumatic condition, they are significantly different disorders. For one thing, fibromyalgia does not cause inflammation or damage to a person’s joints the way that arthritis does.

The exact causes of fibromyalgia are unknown. The vast majority of people diagnosed with fibromyalgia are women—up to 90 percent of cases according to the NIH. In general, the symptoms of fibromyalgia emerge during middle age. The principal symptoms are chronic pain and fatigue. Other symptoms may include sleep disturbances, cognitive or memory problems, headaches, and numbness of tingling in the extremities. Fibromyalgia also frequently overlaps with other pain disorders, such as chronic fatigue syndrome and inflammatory bowel disease.

Continue Reading ››

 Posted on May 17, 2016 in Social Security Disability Medical Conditions

If you are in constant pain and unable to work, you may want to consider applying for Social Security Disability Insurance benefits. While chronic pain is not, in and of itself, a legal disability, it may indicate an underlying physical or mental impairment. Even if doctors are unable to determine the exact cause of your chronic pain, they may still be able to diagnose you with a condition that qualifies you for disability. Over the next few weeks, we will discuss chronic pain and conditions that may cause it. (Update: the second, third, and fourth posts are now available.)

Continue Reading ››

 Posted on May 10, 2016 in Social Security Disability Medical Conditions

In previous posts, we have discussed how suffering from rheumatoid arthritis may entitle you to Social Security Disability Insurance benefits. Arthritis is a serious medical problem that affects millions of Americans. In light of this, the following includes a few things you should know about how arthritis affects a potential disability claim.

1. Arthritis Is a Chronic Condition

The most common symptom of rheumatoid arthritis is an inflammation of the joints in a person’s hands, feet, knees, hips, or shoulders. While there are medical treatments available to help alleviate this inflammation, there is no actual cure for arthritis. It is a chronic condition that, over time, often leads to deformity of a person’s joints. Arthritis may also interact with other medical disorders, such as obesity, which taken as a whole may help demonstrate a person’s total disability to Social Security.

Continue Reading ››

 Posted on May 03, 2016 in Social Security Disability Medical Conditions

In previous posts we have explained how arthritis may qualify you for Social Security Disability insurance benefits and why it is not enough to simply claim you are unable to work due to arthritis without supporting evidence. An important consideration for Social Security when assessing a disability claim is how arthritis, taken in combination with all of an applicant’s medical disorders, affects his or her “residual functional capacity,” or RFC—that is, their ability to work taking into account all such limitations. An RFC assessment is critical to a disability case, yet many Social Security officials fail to follow the law in this area.

Are You Capable of Even Performing “Sedentary” Work?

Continue Reading ››

 Posted on April 26, 2016 in Social Security Disability Medical Conditions

As we discussed in part one of this series, rheumatoid arthritis is an autoimmune disorder that affects millions of Americans. In fact, according to the not-for-profit Arthritis Foundation, arthritis is the “number one cause of disability” in the United States. The Foundation further notes that approximately one-third of persons suffering from arthritis “have limitations in their ability to work, the type of work they can do or whether they can work part time or full time.” In many cases, a person’s rheumatoid arthritis is so severe they may qualify for Social Security Disability Insurance benefits.

Using a Walker Is Not Proof of a Disability

Unfortunately, simply complaining about arthritis-related pain, no matter how severe, will not convince the Social Security Administration to award disability benefits. Social Security has very particular guidelines for assessing disability claims based on “inflammatory arthritis.” Under these guidelines, one way that a claimant can establish a disability is with medical evidence that his or her arthritis has led to “persistent inflammation or persistent deformity of one one more major peripheral weight-bearing joints resulting in the inability to ambulate effectively.” For example, if rheumatoid arthritis has progressed to the point where a person cannot walk without the assistance of a hand-held walker, that would constitute proof of a disability.

Continue Reading ››

 Posted on April 19, 2016 in Social Security Disability Medical Conditions

More than 1.5 million Americans suffer from some form of arthritis, which is formally known as rheumatoid arthritis. Arthritis is an autoimmune disorder that causes a person’s body to attack itself, producing inflammation inside a person’s joints. This inflammation frequently causes significant swelling and pain. If left untreated, arthritis can permanently damage cartilage and bones.

The next several posts on this blog will address various aspects of arthritis and how the condition can affect your eligibility for Social Security Disability benefits. (Update: The second, third, and fourth posts in this series are now available.)

Continue Reading ››

 Posted on April 12, 2016 in Social Security Disability Medical Conditions

We have discussed how major depressive disorder may qualify a person for Social Security Disability Insurance benefits. If you suffer from depression or any related mental disorder, you might still have a number of questions. Here are five things you should know about depression and disability benefits:

1. Depression Is a Serious Medical Condition

People often dismiss depression as “having the blues.” It is certainly not uncommon for people to feel depressed following a traumatic event, such as the death of a family member or the loss of a job. But when the symptoms of depression persist for several weeks and increase in their severity—the person has repeated thoughts of suicide, for example—that may be evidence of major depressive disorder.

Continue Reading ››

 Posted on April 05, 2016 in Social Security Disability Medical Conditions

Major depressive disorder, as this series of blogs has previously discussed in parts one and two, is a serious condition that can prevent a person from working. In severe cases such depression, together with other medical impairments, may qualify someone for Social Security Disability Insurance benefits. Unfortunately, many Social Security officials are quick to dismiss medical evidence of depression in their rush to deny an applicant's claim for disability benefits.

Social Security Ordered to Reconsider Depression-based Disability Claim

The following includes a recent example from here in Illinois. A 57-year-old woman applied for Social Security disability benefits, citing among other impairments major depressive disorder. Before Social Security, the applicant presented evidence from her therapist. After multiple treatment sessions, the therapist confirmed in her report that the applicant “suffered from major depressive disorder” and related impairments that “moderately impacted her social functioning, markedly restricted her daily living and her ability to maintain concentration, and caused three episodes of decompensation of extended duration.” The therapist concluded the applicant was not capable working a full-time job in a “competitive work setting.”

Continue Reading ››