Winning a Social Security disability case based on hidden disabilities.

[Guest guest]

Even thou we are sick from molds, the symptoms alone can be

disabiling

Winning a Social Security disability case based on “hidden

disabilities†.

http://www.examiner .com/x-13746- Tampa-Social- Security- Disability- Examiner~

y2009m6d18- Winning-a- Social-Security- disability- case-based- on-hidden-

disabilities

 

Many claimants suffer from medical conditions

that cause disabling symptoms but are difficult to diagnose and/or document.

These conditions are known as “hidden disabilities†. Medical conditions

such as

Fibromyalgia, Chronic Fatigue Syndrome and Lyme disease are some examples of

these medical conditions. These cases must be presented with emphasis on

different factors than cases that lend themselves to clear “medically

acceptable

objective, laboratory and clinical diagnostic techniquesâ€.

 

As a result of an increased number of these types of claims,

more attention has been required not only by the Social Security Administration

but by the medical community at large.  Some solutions have

been developed to establish eligibility of symptom-based disabilities. Some of

these solutions are the result of studies initiated by the medical

community.

 

As more and more people develop similar symptom complexes

more investigation is required to determine the cause of the particular

illness.

 

This has been the case with Chronic Fatigue Syndrome and

Fibromyalgia. The investigation and research into these conditions by the

medical community led the Social Security Administration to publish a ruling on

the method for evaluating these disabilities.

 

In a Ruling entitled, “Policy Interpretation Ruling: Titles

II And XVI: Evaluating Cases Involving Chronic Fatigue Syndrome†(CFS) (SSR

99-2p) the Social Security Administration indicated that a medical condition

could be determined to qualify as a “medically determinable impairment†in

the

absence of strict objective evidence as long as there were other signs and

findings as well as a history of treatment that supported the claimant’s

allegation of inability to work. This Ruling contains a list of specific

symptoms. The claimant must have 4 or more of these symptoms documented through

treatment by their doctors as well as other signs of the disease such as

“self-reported impairment in short-term memory or

concentration… ; sore throat; tender cervical or axillary lymph nodes; muscle

pain; multi-joint pain without joint swelling or redness; headaches of a new

type, pattern, or severity; unrefreshing sleep; and postexertional malaise

lasting more than 24 hours.â€

 

The treating doctor must also have observed the

following “signs†upon examination sometime over the course of treatment.

1.) Palpably swollen or

tender lymph nodes on physical examination;

2.)

 Nonexudative pharyngitis;

3.)

 Persistent, reproducible muscle tenderness on repeated

examinations, including the presence of positive tender points;

 

The advent of this ruling demonstrates that an individual may be found

disabled even if strict objective evidence is not available based on the disease

suffered by that individual.

 

Other solutions for determining eligibility for symptom-based disability

are derived by consideration of clinical factors as opposed to objective

findings.SSA considers the history of treatment for consistent and resistant

symptoms.  Maintaining treatment with a doctor for care of

symptoms can be very persuasive toward proving disability. These monthly visits

legitimize your disabling symptoms. Greater emphases on clinical findings are

part of this as well. Clinical findings include the presence of muscle spasms to

corroborate back pain. Clinical findings of elevated blood pressure often

accompany severe pain.  

 

Keep in mind that claims

are not approved for having this or that illness, but for being unable to work.

You need to show that you are unable to perform full-time work on a regular

basis due to a medical condition. Eligibility for benefits does not require that

you show that you are bedridden or totally incapacitated.

 

Proto

President - Federal

Benefits Advisory Group

Phone

813-325-6159

Website:

http://ssa-disabili ty.tripod. com

[Guest guest]

This is great. It should help a lot of people on Sickbuildings and it will be

good to share with others who have these " hidden " illnesses.

________________________________

From: a Townsend <kmtown2003@...>

le Shambaugh <danielletoile@...>; Haley <myhaze@...>

Cc: sick buildiings < >

Sent: Friday, June 19, 2009 8:43:03 AM

Subject: [] Winning a Social Security disability case based on

" hidden disabilities " .

Even thou we are sick from molds, the symptoms alone can be disabiling

Winning a Social Security disability case based on “hidden

disabilities†.

http://www.examiner .com/x-13746- Tampa-Social- Security- Disability- Examiner~

y2009m6d18- Winning-a- Social-Security- disability- case-based- on-hidden-

disabilities

Many claimants suffer from medical conditions

that cause disabling symptoms but are difficult to diagnose and/or document.

These conditions are known as “hidden disabilities†. Medical conditions

such as

Fibromyalgia, Chronic Fatigue Syndrome and Lyme disease are some examples of

these medical conditions. These cases must be presented with emphasis on

different factors than cases that lend themselves to clear “medically

acceptable

objective, laboratory and clinical diagnostic techniquesâ€.

As a result of an increased number of these types of claims,

more attention has been required not only by the Social Security Administration

but by the medical community at large. Some solutions have

been developed to establish eligibility of symptom-based disabilities. Some of

these solutions are the result of studies initiated by the medical

community.

As more and more people develop similar symptom complexes

more investigation is required to determine the cause of the particular

illness.

This has been the case with Chronic Fatigue Syndrome and

Fibromyalgia. The investigation and research into these conditions by the

medical community led the Social Security Administration to publish a ruling on

the method for evaluating these disabilities.

In a Ruling entitled, “Policy Interpretation Ruling: Titles

II And XVI: Evaluating Cases Involving Chronic Fatigue Syndrome†(CFS) (SSR

99-2p) the Social Security Administration indicated that a medical condition

could be determined to qualify as a “medically determinable impairment†in

the

absence of strict objective evidence as long as there were other signs and

findings as well as a history of treatment that supported the claimant’s

allegation of inability to work. This Ruling contains a list of specific

symptoms. The claimant must have 4 or more of these symptoms documented through

treatment by their doctors as well as other signs of the disease such as

“self-reported impairment in short-term memory or

concentration… ; sore throat; tender cervical or axillary lymph nodes; muscle

pain; multi-joint pain without joint swelling or redness; headaches of a new

type, pattern, or severity; unrefreshing sleep; and postexertional malaise

lasting more than 24 hours.â€

The treating doctor must also have observed the

following “signs†upon examination sometime over the course of treatment.

1.) Palpably swollen or

tender lymph nodes on physical examination;

2.)

Nonexudative pharyngitis;

3.)

Persistent, reproducible muscle tenderness on repeated

examinations, including the presence of positive tender points;

The advent of this ruling demonstrates that an individual may be found

disabled even if strict objective evidence is not available based on the disease

suffered by that individual.

Other solutions for determining eligibility for symptom-based disability

are derived by consideration of clinical factors as opposed to objective

findings.SSA considers the history of treatment for consistent and resistant

symptoms. Maintaining treatment with a doctor for care of

symptoms can be very persuasive toward proving disability. These monthly visits

legitimize your disabling symptoms. Greater emphases on clinical findings are

part of this as well. Clinical findings include the presence of muscle spasms to

corroborate back pain. Clinical findings of elevated blood pressure often

accompany severe pain.

Keep in mind that claims

are not approved for having this or that illness, but for being unable to work.

You need to show that you are unable to perform full-time work on a regular

basis due to a medical condition. Eligibility for benefits does not require that

you show that you are bedridden or totally incapacitated.

Proto

President - Federal

Benefits Advisory Group

Phone

813-325-6159

Website:

http://ssa-disabili ty.tripod. com