Disabling Condition: Headaches

Social Security does not list headaches, but when severe, headaches are similar to grand mal seizures and can be just as disabling.

Headaches

  1. Do you know what types of headaches you have (migraine, tension, hypertensive, rebound)?
  2. What is the frequency and duration of your headaches?
  3. Have you had a head CT scan to rule out brain tumor or other causes?
  4. Do you keep a log, journal, or a calendar of episodes?

Grand mal seizures are disabling when they occur more than once a month despite treatment.  Although most seizures last for only a few minutes, most people will sleep afterwards and still feel disoriented when they wake up.  Headache suffers can also have a prolonged inability to function.

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Disabling Condition: Immune System Disorders

Autoimmune disorders (lupus, systemic vasculitis, polymyositis, dermatomyositis, undifferentiated & mixed connective tissue disease, scleroderma, ankylosing spondylitis,) HIV, Immune deficiency disorders/infections (sepsis, meningitis, pneymonia, septic arthritis, endocarditisit, sinusitis,   rheumatoid arthritis and other inflammatory arthritis (gout, etc).

Arthritis/other connective tissue disorders (lupus, gout)

  1. Do you see a rheumatologist?
  2. Have you had lab work?
  3. Have you had x-rays of the painful and/or swollen joints?
  4. Are you sensitive to light?
  5. Do your fingers get cold and/or turn purple?
  6. Do you get rashes?
  7. Have you been on prednisone?

HIV/AIDs

1. Have you had a lab test to establish HIV infection?

2. Do you know what your T-cell count is?  A count below 200 is considered significant but no longer meets the listing.

3. Are you on the cocktail medications?  If so, do you experience side effects?

Autoimmune disorders arise when the immune system attacks the body’s healthy organs and tissues as though they were foreign invaders.  They are diagnosed by rheumatologists who follow classification criteria established by the American College of Rheumatology.  The criterion usually requires a certain number of characteristics of the disorder to be present.  While some can be observed upon examination, some of the criteria require lab work or diagnostic studies.

Social Security revised the listing criteria for these disorders in 2008.  Now, these disorders will be found disabling when there are repeated flares (3 times a year, lasting 2 wks) and a marked limitation in one of the following:

  • Activities of daily living
  • Social functioning
  • Completing tasks in a timely manner due to deficiencies in concentration.

The HIV listing has changed substantially since it was first added in 1993.  Due to the availability of drug therapy to prevent HIV from turning into full blown AIDS, many individuals are able to live a longer life span, although the quality of life may suffer.  To meet the HIV listing the individual must have:

  1. Objective proof of the HIV infection and a manifestation (along with the listing criteria for the manifestation).
  2. Objective proof of the HIV infection repeated manifestations (without the listing criteria for the manifestation.
  3. Significant side-effects to the medications which prevent manifestations but which affect functioning.
    1. What are the manifestations?  See the list below.
      1. Infections (bacterial, fungal, protozoan, viral, sepsis, sinusitis)
      2. Cancer
      3. skin lesions
      4. Cognitive loss
      5. wasting syndrome
      6. diarrhea
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Disabling Condition: Obesity

Obesity is no longer a listed impairment.  However, Social Security does recognize that it is a condition that can make other diseases (cardiac, respiratory) or disorders (spinal cord, weight bearing abnormalities) worse.

Obesity

  1. What is your height?
  2. What is your weight?
  3. Have you had any prescribed treatment to reduce your weight?
  4. Do you suffer from other diseases and disorders which are worsened due to your obesity?

Obesity is defined as a body mass index (BMI) at 30 or above.  The BMI is calculated with this formula:

(Weight in pounds) divided by [(height in inches0 x (height in inches)] x 703.  You can also use the calculator at this website: http://www.nhlbisupport.com/bmi/

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Disabling Condition: Malignant Neoplastic Disorders

All cancers except those caused by HIV.

Cancer

  1. When were you diagnosed?
  2. How was it treated, i.e. surgical removal, chemotherapy, radiation?
  3. Have you had a recurrence?  If so, is it localized or has it spread?
  4. Did you have significant side effects to treatment and if so, will your doctor confirm this?
  5. Do you have any diagnosed residual problems attributable to treatment such as bone density loss?

Cancer is characterized by abnormal and out of control cell growth and is thought to be related to damaged DNA which can be inherited or acquired due to exposure to toxins in the environment.  Social Security will not consider most cancers disabling unless they are inoperable, unresectable, persistent despite treatment (chemotherapy/radiation) or recurrent after treatment (metastases).  However, the agency does recognize that chemotherapy (which is toxic itself) can be debilitating and radiation can cause damage, which may be permanent.  Unfortunately, most oncologists don’t document side-effects to treatment or lasting damage.  To show Social Security that your treatment is disabling, talk to your doctor about documenting your symptoms and complications in the medical record.

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