Thursday, July 18, 2024

Does Arthritis Qualify For Social Security Disability

Listing 200 Special Senses And Speech

New Rules for Winning Rheumatoid Arthritis Social Security Disability Claims

Many times, sense and speech issues will not qualify for SSD benefits, however, there are a few exceptions that do qualify. These disabilities include the sudden onset of blindness and/or loss ofhearing, the loss of speech making the individual unable to be heard or understood, and conditions that impair the loss of balance such as Menieres Disease. View full Blue Book List here

Determining If You Can Work

When the SSA receives your application, they first determine whether you’re currently working and how much youre earning from your work. If you are earning $1,220 per month or more as stated in the 2019 COLA, you cant qualify for benefits because the SSA will determine that youre able to perform substantial gainful activity.

How A Disability Attorney Can Help With Your Arthritis Claim

Determining whether your arthritis is a disability and obtaining the benefits you deserve is challenging. Submitting an application is complicated. There are numerous forms and questionnaires to complete and your claim will be denied if there are mistakes or omissions. Also, you will be required to provide medical evidence that supports your claim.;

At Disability Attorneys of Arizona, we will guide you through the claims process, help you compile the necessary information, work closely with your doctor to develop a comprehensive medical record, and handle all communications with Social Security.;

If your initial claim is denied, we are prepared to handle your disability appeal and will represent you at the disability hearing. We are comfortable appearing before administrative law judges and will work to make sure your claim is properly evaluated. Ultimately, working with an experienced lawyer increases the likelihood of having your claim approved.

Contact Our Experienced Arizona Disability Attorneys

If you are suffering from debilitating arthritis, you probably have concerns about getting the medical treatment you need and not being able to work. The best way to address those concerns is to consult with an experienced disability attorney. Contact us today to learn how we can help.

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Arthritis In The Lower Back

The most prevalent type of spine arthritis is osteoarthritis . It mainly affects the lower back and develops over time as a result of normal wear and tear. Inflammation and pain result from the gradual breakdown of cartilage between the joints. The pain is usually more noticeable when you bend or twist your back because it is caused by mechanical injury.

How The Ssa Categorizes Arthritis

Do I Qualify For Social Security Disability Benefits If I ...

The Social Security Administration has a set of criteria that it uses to determine whether or not someone qualifies for Social Security Disability benefits.

These criteria are referred to as “Blue Book Listings” and these Listings are what the Administration uses to approve or deny someone for Social Security Disability benefits.

Arthritis is among the disabilities in the Blue Book Listings that qualify a person for Social Security Disability benefits, but it is important to understand that even if you have been diagnosed with arthritis, you do not automatically qualify for disability.

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Social Security Disability Benefits And Arthritis

Arthritis is one of the leading causes of disability. How does a person suffering from arthritis qualify for Social Security disability benefits? According to Jim Allsup, the Social Security Administration uses a process called sequential evaluation to determine who will receive disability benefits. Mr. Allsup is president and CEO of Allsup Inc. Since 1984, Allsup claims his company has:

  • Successfully helped over 300,000 people nationwide receive their entitled disability benefits.
  • Achieved a 90% award rate.

Patients who have been helped by Allsup often suffer from rheumatic conditions and musculoskeletal diseases such as:

Get On The Same Page As Your Rheumatologist

The story your doctor is telling to the SSA about your symptoms and difficulties should be the same as the story you tell because that builds credibility, Stein says. If youre considering applying for benefits or suspect you may need to in the future, ask your rheumatologist to start writing down the things you can no longer do in his records.

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Winning Social Security Disability Benefits For Joint Dysfunction By Meeting A Listing

To determine whether you are disabled at;Step 3;of the;Sequential Evaluation Process, the Social Security Administration will consider whether your joint problems are severe enough to meet or equal the listing for joint dysfunction. The Social Security Administration has developed rules called Listing of Impairments for most common impairments. The listing for a particular impairment describes a degree of severity that Social Security Administration presumes would prevent a person from performing substantial work. If your joint pain or immobility is severe enough to meet or equal the listing, you will be considered disabled.

The listing for major dysfunction of a joint is 1.02. It has 2 parts: A and B. You will meet the listing and be eligible for Social Security disability benefits if you meet either of the two parts.

Major Joint Dysfunction Is Required by Both Parts of Listing 1.02

Both parts of this listing require you to have:

  • Major dysfunction of a joint due to any cause;
  • Characterized by gross anatomical deformity ; and
  • Chronic joint pain and stiffness; with
  • Signs of limitation of motion or other abnormal motion of the affected joint; and
  • Findings on appropriate medically acceptable imaging of joint space narrowing, bony destruction, or ankylosis of the affected joint.

Subluxation and Instability

Ankylosis and Contracture

Gross Deformity

Range of Motion

Appropriate Medically Acceptable Imaging Techniques

Thank you for contacting us. We will get back to you shortly.

Arthritis In The Blue Book

Do I Qualify For Social Security Disability Benefits If I Have Psoriatic Arthritis?

You can find the medical requirements for arthritis in the Blue Book under section 14.00 Immune System Disorders. According to listing 14.09 Inflammatory arthritis, you will need to meet the following requirements:

  • Persistent inflammation or deformity of:
  • One or more peripheral weight-bearing joints resulting in the inability to move effectively
  • One or more major peripheral joints in an upper extremity resulting in the inability to preform fine movements
  • Inflammation or deformity of one or more major peripheral joints with:
  • Involvement of two or more organs/body systems with one of the organs/body systems involved in moderate level of severity AND
  • At least two of the constitutional symptoms
  • Ankylosing spondylitis or other spondyloarthropathies
  • Repeated manifestations of inflammatory arthritis with at least two of the constitutional symptoms and one of the following:
  • Limitation of daily living activities
  • Limitation in maintaining social functions
  • Limitation in completing tasks in a timely manner

It is best to look over the Blue Book with your doctor. If there are any tests or medical evidence you are lacking, your doctor can orchestrate getting these done. Many claims are denied due to lack of medical evidence, so having all required tests and documentation is imperative to your claim.

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Qualifying For Disability Due To Back Problems

If your back condition, as described in your treating doctors reports, matches an impairment listing in the SSAs blue book of impairments, you will automatically be approved for disability benefits. This is not easy to do; only very severe and well documented cases of back pain will match the SSAs listing for disorders of the spine. Your condition can also be considered to be equivalent to the listing for disorders of the spine, if it doesnt match a listing exactly but it is similar and has the same level of severity. The SSA will decide with the help of a medical consultant whether your back condition is equivalent to the spinal disorders impairment listing.

There are three main categories of back problems that can qualify for disability under the SSAs official impairment listing for disorders of the spine. The SSA specifies the symptoms and severity required to match each of these listings. Specifically, to match the listing for disorders of the spine , the SSA requires that your spinal disorder includes one of the following three conditions:

  • nerve root compression
  • arachnoiditis, or
  • stenosis.

The SSA notes several examples of back conditions that involve nerve root or spinal cord compression, which can cause problems from mild chronic pain to paraplegia in the worst cases:

  • herniated disc
  • vertebral fracture.

Comply With Your Doctors Treatment Plan

We hope youve been doing this anyway for the sake of your health, but its also very important for the SSA to see that youre following medical advice. It shows that youve been trying to get better, Stein says.

If your claim gets rejected, you generally have 60 days following notification of the decision to appeal it. The notification letter will explain which of the four levels of appeal you should select: a reconsideration, a hearing by an administrative law judge, a review by the Appeals Council, or a Federal Court review. You can learn more about each level here.

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Getting Disability Benefits For Psoriatic Arthritis

In the Social Security Administration Blue Book, which contains the conditions that can be approved for disability benefits, psoriatic arthritis primarily falls under the Inflammatory Arthritis section found in the Immune System Disorders classification. The section includes a range of inflammatory arthritis disorders that limit a persons movements due to joint pain, tenderness;and swelling.

Psoriatic arthritis can also affect the musculoskeletal system. Therefore, a person with the condition can also qualify for disability benefits under the Musculoskeletal Disorders section of the Blue Book.

To be approved for disability benefits, a person has to demonstrate that the psoriatic arthritis disability is making him or her unable to engage in substantial gainful activity. The SSA will assess the severity of an applicants condition.;

The SSA acknowledges that besides the immune and musculoskeletal systems, psoriatic arthritis can affect other systems, such as the cardiovascular, ophthalmologic, renal, mental, neurologic;and hematologic systems. People with any of these concerns, in addition to joint inflammation complications, will need to have their medical paperwork in place, which should include insights from their primary care doctors and specialists.

Proving Youre Unable To Work Due To Arthritis

Does Having Rheumatoid Arthritis Qualify You for Disability?

Generally, if a major joint below or above your waist causes severe pain and discomfort, that alone isnt enough. The SSA claims examiner instead wants to know things like:

  • Can you pick a pencil up off the floor without help if you drop it? If not, then you likely qualify for SSD benefits.
  • Do you need help walking up or down a few steps? How about across a flat parking lot? If you cant do either without a cane, that strongly supports your claim.
  • Can you crouch down and lift an object that weighs 5 lbs? 10 lbs? 25 lbs? If you cant do any of these, that proves you cannot perform most job tasks.
  • Does your doctor prescribe pain medication that affects your ability to drive? Stay awake? Operate machinery? If yes, thats more evidence to support your case.
  • Do you need to alternate sitting and standing or elevate your legs to relieve swollen ankle or knee joints? If yes, youre more likely to get SSD benefits.
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    Qualifying For Benefits Under The Medical Listing For Ra

    The SSA sets forth specific criteria for disability applicants with rheumatoid arthritisin its Listing of Impairments. Socials Security’s medical listing for “inflammatory arthritis” is lengthy and relatively complicated andoffers multiple ways that a disability applicant with RA can qualifyunder the listing. Overall, you must experience significant limitationsin your abilities due to your RA to qualify for benefits under thismedical listing. Specifically, to qualify for benefits under the listing for RA, youmust satisfy one of the following requirements:

    Qualifying For Disability With Arthritis

    In order to qualify for disability benefits, your arthritis condition must be so severe that it prevents you from working, and it is expected to last for at least a year. Having severe arthritis can qualify you for benefits depending on how much the condition inhibits your ability to participate in any substantial gainful activity.

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    A Disability Insurance Attorney Can Help

    An experienced New York long term disability insurance lawyer can make all the difference in getting your disability benefits.;You can choose to file your application or appeal on your own, but your odds of success are significantly greater when you have a knowledgeable long term disability insurance lawyer on your side. The forms provided by the insurance company are inadequate, and deliberately so. They do not have nearly enough room for you or your doctors to describe your situation completely. If you limit yourself to these pre-printed forms, the insurance company will deny your claim based on a lack of evidence.

    Riemer Hess can restore some balance to the process by helping you and your doctors tell your whole story. We know what evidence the insurance company will look for; how to efficiently gather that evidence; and how to package that evidence in a way that will resonate with the insurance company.

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    Talk To A Disability Lawyer

    Social Security Disability Benefits for Rheumatoid Arthritis

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    If You Dont Meet The Blue Book

    If your arthritis does not meet the Blue Book listing, you may still be eligible for disability benefits. You will need to request to a residual functional capacity assessment. This assessment will be used to prove that you cannot work in your trained field due to your arthritis.

    The RFC form will need to be filled out by a doctor. It will explain your symptoms and how these impact your work ability. ;A doctor will outline things like how long you can stand, sit, walk, how much you can push or pull, and any other limitations. ;Once completed, you can submit your RFC to support your claim for SSDI.

    Different Areas Where You Can Get Arthritis

    Arthritis is an inflammation of the joints, the tissue around the joints and surrounding tissues. Since there are joints all over the body, its possible to get arthritis in many locations even though its most common in the hands, knees and back.

    Over time, the cartilage in joints will break down, which leads to inflammation and arthritis. Thats why the condition is so common in hands and knees since those are two areas that are used all the time.

    Arthritis can also be caused by injury, such as an old sports injury or a repetitive motion injury. The latter is one of the reasons arthritis can make doing work so difficult. Imagine working in a factory that requires you to pull levers or assemble parts.

    Arthritis in the hands would make this work difficult, and so some people find themselves unable to perform their jobs and must seek out assistance.

    You can file a claim for Social Security disability benefits with arthritis. You will need to demonstrate that your condition makes you unable to perform the requirements of your job, which is why collecting medical evidence is the most important part of your application.

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    The Disability Evaluation Process

    Evaluation criteria;based on symptoms are slightly different for the various types of arthritis. For example, persistent swelling is a symptom that characterizes inflammatory types of arthritis but not osteoarthritis. The sequence of five steps that determine eligibility for SSD is the same, though. Whether you qualify depends on how you answer the following questions.

    Are you still working?;Does your condition prevent you from performing basic work activity at the level which the Social Security Administration defines as a substantial gainful activity?

    Is your condition severe?;Is your condition expected to last for 12 continuous months or more?

    Is your condition on the List of Impairments?;Is your condition among the more than 150 categories of medical conditions that;Social Security considers to be severe enough to prevent a person from working?

    Can you do any work you have done in the past?;Do you have the ability to perform past work despite your current impairment?

    Can you do any other type of work?;Considering your medical condition, age, education, and past work experience, do you have skills that could be used to do other work?

    Problems To Overcome With Social Security Disability Benefits

    How Disabling is Rheumatoid Arthritis?

    More than one million people file for disability benefits with the Social Security Administration each year.

    • The;bad news;is, nearly two out of three who apply for disability benefits will be denied.
    • The;good news;is, expert help is available to assist with the process and improve your odds of winning your case.

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    Qualifying With The Blue Book

    Every application for SSDI is reviewed during the Disability Determination Process, or DDS. During this process, a reviewer will look over your case and see if it fulfills the requirements for benefits laid out in the Social Security Blue Book. The Blue Book, which can be viewed online, contains a list of all disabilities that qualify for Social Security.

    For example: if you are looking to see if your inflammatory arthritis qualifies for benefits, you would see section 14.00 – Immune System Disorders. Under this section is outlined four different qualifications for inflammatory arthritis to receive benefits. Either

    • There is persistent inflammation or deformity of your major joints,
    • There is inflammation or deformity of your joints along with organ systems,
    • There is an inflammation or deformity of the spine and/or its surrounding organs, or
    • There are repeated manifestations of inflammatory arthritis which limit your movement, social functioning, and daily life.

    Overall, the Social Security Administration is more likely to qualify you for benefits the more severe your impairment is. If your arthritis is consistent, untreatable, severely debilitating, and/or prevents you from earning a living for more than one year, then the chances you will receive benefits are high.If you do not meet the standards outlined in the Blue Book there may still be another way to qualify.

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