Guest guest Posted June 3, 1999 Report Share Posted June 3, 1999 In April, Social Security issued a new ruling in regards to disability benefits for CFS (Chronic Fatigue Syndrome) patients. In the past if the SSA needed more information about a persons medical claim - they assigned a CE (Consultative Examiner) to examine the claimant. Generally these Doctors knew nothing of CFS and then they were denied ( I have to wonder if that is also happening to ACM patients), The new ruling requires them to go to the treating physician for more information or claification - and only after that are they allowed to go to a CE. It is important to make sure this ruling is being followed. It is not in their handbook yet!! The Ruling reference # is 99-2P you can find a complete copy of it at WWW.CFIDS.ORG. I also wanted to list the steps that SSA is suppose to go through in determining a claim. STEP ONE: Claimant has to have medical signs or lab findings which reflect their condition which is called MDI (Medically determinable impairment). Examples would be muscle tenderness, vertigo, abnormal MRI brain scan, neurally mediated hypotension, etc, STEP TWO: The MDI must be considered severe. It has to show that the MDI causes a limitation/restriction (more than mimimal) on a persons ability to perform basic employment activities. If so, must be considered severe. STEP THREE: SSA must determine if the disability meets or equals that of one of the listed disabilities. (I know CFS is not listed - but a judge in the east found it comparable to MS and a person received their benefits). If the disability is severe but does not match a listed illness they must be to step four: STEP FOUR: SSA requires the adjudicator to determine if the person can carry out his/her past work. STEP Five: they have to determine if you can do any type of work in the economy that is considered substantial. After you are accepted - then you are able to work and make a certain amount of money (STRANGE) Also, I remember someone wondering about income limits on SSDI. SSDI is based on how much you earned during a set time. Spouses income does not count (unless their income is so low that they can also be counted basically as a dependent). I get SSDI, I get a check for my son ( as a dependent), and my husband earned too much and could not get a portion. I hope this answers some of the SSDI questions. Sue ------------------------------------------------------------------------ eGroups.com home: /group/chiari - Simplifying group communications Quote Link to comment Share on other sites More sharing options...
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