Wednesday, February 23, 2011

Social Security Disability and Multiple Sclerosis

Many victims of multiple sclerosis fight as long as they can to work. But many get so bad that they can no longer work and should be entilted to get social security disability but they get turned down.

Some social security disability judges have a hard time understanding the relapsing remitting kind of multiple sclerosis. Some social security beaurocrats pull isolated things from the medical records to point to the fact that a person with multiple sclerosis can work.

Social security has what's calleded a listing for multiple sclerosis

Here is a quote from that is almost cryptic:

E. Multiple sclerosis. The major criteria for evaluating impairment caused by multiple sclerosis are discussed in Listing 11.09. Paragraph A provides criteria for evaluating disorganization of motor function and gives reference to 11.04B (11.04B then refers to 11.00C). Paragraph B provides references to other listings for evaluating visual or mental impairments caused by multiple sclerosis. Paragraph C provides criteria for evaluating the impairment of individuals who do not have muscle weakness or other significant disorganization of motor function at rest, but who do develop muscle weakness on activity as a result of fatigue.

Use of the criteria in 11.09C is dependent upon (1) documenting a diagnosis of multiple sclerosis, (2) obtaining a description of fatigue considered to be characteristic of multiple sclerosis, and (3) obtaining evidence that the system has actually become fatigued. The evaluation of the magnitude of the impairment must consider the degree of exercise and the severity of the resulting muscle weakness.

The criteria in 11.09C deal with motor abnormalities which occur on activity. If the disorganization of motor function is present at rest, paragraph A must be used, taking into account any further increase in muscle weakness resulting from activity.

Sensory abnormalities may occur, particularly involving central visual acuity. The decrease in visual acuity may occur after brief attempts at activity involving near vision, such as reading. This decrease in visual acuity may not persist when the specific activity is terminated, as with rest, but is predictably reproduced with resumption of the activity. The impairment of central visual acuity in these cases should be evaluated under the criteria in Listing 2.02, taking into account the fact that the decrease in visual acuity will wax and wane.

Clarification of the evidence regarding central nervous system dysfunction responsible for the symptoms may require supporting technical evidence of functional impairment such as evoked response tests during exercise.

Luckily this is not the only way to get social security disability . You can still get it if you do not meet the listing if you are unable to do substantial gainful activity.

By Social security disability lawyer Anthony Castelli
Call me today with any questions you have at 1-800-447-6549. I have seen many peole affected my this difficult disease and have cases I can cite to the Social security administration