Rheumatoid Arthritis Can Be a Disabling Condition

Posted on March 9, 2011 by Editorial Board

It is estimated that over 46 million people are suffering from arthritis—and it is also a major cause of disability among adults. Rheumatoid Arthritis (RA) is an inflammatory type of arthritis and often chronic in nature. RA is an autoimmune disease and involves destruction of body’s own healthy tissue by immune cells. It can affect people at any age but it is very common in elderly people and overall incidence rises with the advancement of age.

Rheumatoid arthritis usually affects joints but may also affect other body organs. It principally attacks joints causing inflammation and ultimate destruction of cartilage leadings towards stiffness of joints. The synovial membranes surrounding the joint become inflamed, harder, and thicker. These problems restrict normal movements of a joint. Rheumatoid arthritis is also an extremely painful condition and it causes extensive loss of function and mobility of an affected person.

Persistent pain and joint dysfunction are major factors that contribute to a person’s disability. RA has a genetic basis and a blood test called the rheumatoid factor test is used to diagnose this problem. X-rays and other imaging studies like Computed Tomography (CT-Scan) and Magnetic Resonance Imaging (MRI) may also be used to determine the level of damage and severity within affected joints.

Rheumatoid arthritis is listed among the list of diseases that could make someone disabled under the Social Security program. The Social Security Administration (SSA) will evaluate your case under the set criteria of the listing rule to determine if you are eligible for disability benefits or not. And beyond the listing for arthritis there are still other ways you can win benefits with all of your problems and limitations considered together.

People with RA who win disability benefits usually have a history of persistent joint pain, tenderness, swelling involving major joints like the knees, shoulders, hips, elbows, wrists, and hand joints. Despite having done therapy, usually prescription medication, a person must still have signs of joint swelling and tenderness in their medical records. You will also need to produce your blood test results that show a positive for rheumatoid factor or other such objective tests adding more independent proof that you are suffering from this disease. The most important point to consider will be that all these signs and symptoms need to be well documented in your medical evidence to prove your level of severity and disability to the SSA.

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Cancer Diagnoses That Can Lead to Disability Benefits

Posted on March 7, 2011 by Editorial Board

A person who is diagnosed with a form of cancer often has to go through a significant physical and psychological ordeal. Furthermore, the news that he or she will no longer be able to work because of their medical problems may add to already existing distress. Social Security disability benefits can be paid to people who suffer from Cancers that are preventing them from being able to work.

The Social Security Administration’s (SSA’s) disability rules say that an impairment must be expected to be present for at least last 12 months, or be a terminal condition, in order to help someone be deemed disabled. The treatment of most cancers involves surgery, chemotherapy, and radiation therapy. Many cancer patients are able to return back to work within few months after treatment, so not everyone with cancer will be eligible for disability benefits.

If the cancer has not spread to other parts of body and no recurrence has occurred the chances of winning Social Security Disability benefits are much lower than if these events occurred. To meet a listing, and be awarded disability benefits, the details of a condition has to be documented in highly variable and technical ways depending on which type of cancer someone has. The length of time someone has been suffering from cancer related problems and limitations, their level of functional and cognitive problems, and their medical records will all help decide whether someone should file an application for disability benefits or not.

Various cancer types are on the list of impairments, also known as the SSA’s listings, and any person having any of these conditions at the listing level (at the level of severity stated in the listing) can expect to have a much better chance of winning disability benefits. The most common cancers that lead to disability benefits include:

• Sarcoma of skin & soft tissue
• Head and Neck cancer
• Cancer involving lymph nodes
• Malignant Melanoma
• Cancer of Salivary glands
• Breast cancer
• Cancer of thyroid gland
• Cancer of bones
• Cancer of Mandible, orbit, maxilla, temporal fossa
• Cancer of brain or spinal cord
• Lung cancer
• Cancer of abdomen
• Cancer of pleura or mediastinum
• Cancer of esophagus
• Cancer of stomach
• Cancer of small intestine
• Sarcoma or Carcinoma of large intestine
• Caner of liver or gallbladder
• Cancer of kidneys, ureters, adrenal glands
• Caner of pancreas
• Caner of testicles
• Cancer of uterus
• Cancer of ovaries
• Leukemia
• Cancer of uterine tubes

In case of malignant (cancerous) tumors, the recurrence is common despite surgery, chemotherapy, or radiation therapy. With these more aggressive cancers there are fair chances of achieving Social Security Disability benefits. However, not everyone with cancer will win disability benefits. The disability evaluation process is nuanced and depends on many factors such as the level of problems and limitations one suffers, and other highly variable factors that will vary among different cancer patients.

A bit of advice that will always help people unable to work because of their cancer is to get your own treating doctor’s opinion on your ability to do work like activities. If your own doctor does not think you can work then you should definitely apply for disability benefits. Also, be sure to get the doctor’s opinion in writing so it can help persuade Social Security about the level of your problems later on when they evaluate your case.

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Losing Your Social Security Disability Hearing

Posted on March 4, 2011 by Editorial Board

If your application for benefits was denied after your hearing, don’t lose hope!  The judge does not have the final say in your case, and just because one judge decided you aren’t disabled doesn’t mean you can’t win if you keep trying.

If a judge denied your case you should generally appeal your case to the Appeals Council in Falls Church, Virginia.  There is no cost for filing the appeal.  It is done by mail and any written arguments and additional evidence you submit as part of your appeal must also be mailed.  Instructions on how to appeal are included along with the judge’s decision.  The appeal form is Social Security Form HA-501-U5 and is available through Social Security’s website (ssa.gov).

The Appeals Council will review the judge’s decision and may listen to the audio recording of the hearing.  You can obtain a copy of your file and the audio recording by submitting a written request to the Appeals Council along with your appeal.

If you didn’t have a disability attorney before, it’s a good idea to find one to help you deal with the Appeals Council.  Making an effective argument to the Appeals Council requires good familiarity with the disability rules and regulations and good legal writing skills.  The Appeals Council will determine whether the judge followed the rules and regulations, whether the decision is consistent with the medical evidence, or whether there is new and important evidence that was not available to the judge.

If you lost your disability hearing you should also file a new application for disability benefits.  This means starting all over again from square one, but it gives you a second bite at the apple while you are fighting your case at the Appeals Council.  If you go to a hearing for your second application the odds are very low you will have the same judge, and sometimes getting the right judge makes the difference between winning and losing your claim.

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Does a Disability Attorney have to File my Appeal with the Appeals Court?

Posted on March 1, 2011 by Editorial Board

No.  You can appeal to the Appeals Council on your own.  However, it can be more difficult to win at the Appeals Council without an attorney, and if you lose the consequences for your disability claim could be drastic .

Appealing to the Appeals Council is a much different process than having a hearing with a Social Security disability judge.   Hearings with judges are done in person.  Judges have a duty to develop your case and make a full and fair decision.  That duty is even higher when the person seeking disability benefits does not have a lawyer.

Appeals to the Appeals Council are done by written correspondence.  You do not get an opportunity to speak to the person deciding your case.  Since all arguments are submitted in writing the ability to compose brief, technical legal arguments is essential.

The arguments that work best at the Appeals Council are arguments that the disability judge made procedural errors in deciding your case.  Did the judge follow Social Security’s guidelines that explain how the judge must examine the medical evidence and the testimony?  Did the judge properly apply all of the relevant rules and regulations?  Making effective arguments to the Appeals Council requires familiarity with Social Security’s many disability rules and regulations as well as case law.  Few people other than disability attorneys have these qualifications.

If you fail to persuade the Appeals Council your only remaining appeal is to a federal district court.  Appeals to federal court are extremely complex and difficult to win and require a $350 filing fee.   If you do not win your case at the Appeals Council or federal court then the decision denying your benefits becomes final.  Depending on the amount of insurance quarters you earned you might not able to file another claim.  If you are able to refile you will still likely lose your eligibility for disability benefits for the time prior to the disability judge’s decision.

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