Social Security Disability Lawyer Blog

Even if you meet the SSA's amputation listing, it's still a good idea to have a Social Security disability attorney review your claim. To set up a free consultation with Atlanta Social Security disability attorney Louis B. Lusk, please call 800.883.7043 (or 404.250.7000) or fill out our online contact form.

Do you have hearing loss? If so, you may qualify for Social Security disability benefits. The Social Security Administration (SSA) considers hearing loss a nonexertional impairment, or in other words, an impairment that doesn't affect your ability to perform strength-related tasks, such as sitting, standing, walking, carrying, pushing, pulling, or lifting. Hearing loss affects your ability to work because it interferes with your capacity to understand or process information.

Maximize the chances that you'll win the benefits you deserve by hiring a Social Security disability lawyer to assist you. To set up a free consultation with Atlanta Social Security disability attorney Louis B. Lusk, please call 800.883.7043 (or 404.250.7000) or fill out our online contact form.

PTSD, which stands for "post traumatic stress disorder", is a stress disorder that develops after someone sees or goes through a traumatic event. Traumatic events that may lead to PTSD include war, child abuse, sexual assault, and physical violence. PTSD can also develop after natural disasters, such as earthquakes, fires, and hurricanes.

Need Help Figuring Out Whether Your PTSD Qualifies You for Disability Benefits?
If you have PTSD and need to apply for disability benefits, please call Atlanta Social Security disability attorney Louis B. Lusk at 800.883.7043 or fill out this online contact form to set up a free evaluation.

Diabetes is a common metabolic disease in which a person has high blood sugar because his body does not produce enough insulin, or the cells do not respond to the insulin produced. There are three main types of diabetes:

If you have already applied for Social Security Disability benefits based on the work limitations caused by your diabetes and your claim was denied, contact us so we can help you file an appeal.

The process of applying for Social Security Disability can often take months, or even years, depending on the circumstances. To ensure that claimants coping with serious medical conditions promptly receive benefits, the Social Security Administration developed the Compassionate Allowances program. If you have been diagnosed with one of the conditions on the Compassionate Allowances program's list, your application for Social Security Disability benefits will be fast-tracked.

Have you or a loved one been diagnosed with a condition that's listed under the Compassionate Allowances program? For someone who's coping with a serious illness, dealing with the hassles and lengthy duration of the standard application process while losing the ability to perform normal daily activities and covering major medical expenses can be overwhelming, to say the least. To ensure that you receive the benefits you urgently need, consider contacting an experienced disability lawyer for help with preparing and submitting your Social Security Disability application.

Mental Disorders and Social Security Disability

Although it's possible to collect Social Security Disability benefits for both physical and mental disorders, it's generally harder for people with mental disorders to collect benefits because their symptoms cannot be assessed as easily. Nevertheless, anyone with a debilitating mental condition is entitled to Social Security Disability benefits. Social Security categorizes mental disorders in nine diagnostic categories:

Organic mental disorders
Schizophrenic, paranoid, and other psychotic disorders
Affective disorders
Mental retardation
Anxiety-related disorders
Somatoform disorders
Personality disorders
Substance addition disorders
Autistic disorder and other developmental disorders

When you apply for disability benefits, a disability examiner will first refer to the Blue Book, Social Security's official list of impairments, to determine whether the symptoms of your condition meet specific criteria. If your condition is listed in the Blue Book, it will certainly benefit your case. Being diagnosed with a mental disorder that's listed in the Blue Book does not guarantee that your application will be approved, however. Your mental disorder must have lasted or be expected to last for a continuous period of at least 12 months. Furthermore, you must prove that your condition is severe enough to prevent you from working.

Even if your condition is not listed in the Blue Book, you can apply for and receive disability benefits, as long as your medical records and third party reports prove that your condition is severe enough. A disability examiner will evaluate the severity of your mental condition based on clinical notes from mental health professionals, an Activities of Daily Living questionnaire completed by you, and third party questionnaires. Anyone who files for disability benefits based on a mental disorder is required to supply the name of a third person who is familiar with their illness and could answer questions about his condition and normal daily routine.

To maximize the chances of getting your application approved, ask friends, relatives, and former employers to write letters/reports about your condition that will help you make your case. Another figure who will play a key role in getting your application approved is your doctor, preferably a psychologist or psychiatrist. Your doctor should write a report describing your symptoms and behavior, in detail. The longer your doctor has known you and has been treating you, the more weight his reports will carry.

The number of disability applications based on mental disorders that are approved is small. Many individuals have to pursue their disability allowance through the Social Security appeals process. If you file an appeal, having good legal representation will significantly increase your chances of winning benefits.

Attention Deficit Hyperactivity Disorder (ADHD) is a neurobehavioral developmental disorder that affects about 3-5% of the world's children. Symptoms of ADHD include inattention, hyperactivity, distractibility, forgetfulness, and poor impulse control. To be diagnosed with ADHD, a child's symptoms must continue for at least six months and some of them must have appeared before the age of seven.

ADHD is diagnosed two to four times as frequently in boys as in girls. The cause of ADHD is unknown, but trauma and toxic exposure are known to contribute to ADHD. A combination of behavioral modification, medication, counseling, and lifestyle changes are used to manage the condition, which currently has no medical cure. 60% of children diagnosed with ADHD continue to have symptoms well into adulthood.

Winning a Social Security Disability Case on the Basis of ADHD

Social Security Disability cases filed on the basis of ADHD are difficult to win. It is not enough for a claimant to be diagnosed with ADHD and prescribed a medication. In order to win Social Security Disability benefits for ADHD, it has to be proven that the claimant is taking a medication as prescribed, but despite this, is have difficulty with age-appropriate activities, namely schoolwork.

How Claims Are Evaluated

As with every disability claim, a disability examiner at DDS (Disability Determination Services) reviews a claimant's medical records and then speaks with an in-house consultant to make a decision regarding the case. A PhD level psychologist or psychiatrist will serve as the consultant, primarily relying on the observations of teachers to determine whether a child's impairment is mild, moderate, or marked. The consultant will also evaluate a child's school records and standardized psychological testing results. There must be evidence of significant impairment in social and school functioning in order for a claimant to be approved.

To increase your chances of getting your claim approved, have your child tested for ADHD by a mental health professional. At least one diagnosis of ADHD based on testing results should exist in your child's medical records. Bear in mind that if you are a parent of a child who has been diagnosed with ADHD but your child has not been prescribed medication, your disability case has little chance of success because the examiner will assume that no doctor considered your child's ADHD problem serious enough to warrant prescription medication.

Your child should also be tested at school to determine whether or not he is a special needs student. In most cases, the examiner will not approve your claim if your child's ADHD is not significant enough to warrant placement in special needs classes. If your child performs well or at grade level in school, it is unlikely that Social Security Disability benefits will be awarded.

Getting approved for Social Security Disability benefits on the basis of ADHD can be extremely difficult. To maximize the chances of approval, contact an experienced disability attorney to assist you.

Systemic lupus erythematosus (Lupus, for short), is a chronic disease resulting in an overactive immune system. Lupus prevents the immune system from accurately discerning between healthy and unhealthy matter in the body, leading to attacks on healthy cells, tissue, and organs. Symptoms often vary based on which organ or tissue in the body is being attacked, and each recurrence may create symptoms that range from mild to severe.

Claimants who suffer from Lupus often suffer from fatigue, as well as aches and pains where muscle and joints are chronically inflamed. More severe reactions can lead to blood clots, numbness, psychosis, seizures, heart conditions, and even death. If Lupus symptoms have progressed to the point where the sufferer is no longer able to hold down a steady job, Social Security disability benefits can help.

To determine whether or not your condition meets the Social Security Administration's (SSA) disability listing criteria, speak with your disability lawyer or check out the SSA Blue Book--an official listing of accepted disabilities and disability criteria. The Lupus listing works differently than other listings. To meet the listing criteria, the claimant must also meet criteria in another listing that relates to the body system most heavily impacting your disability. The SSA cites the following body systems in the Lupus listing:

• Joint involvement
• Muscle involvement
• Ocular involvement
• Respiratory involvement
• Cardiovascular involvement
• Digestive involvement
• Renal involvement
• Hematologic involvement
• Skin involvement
• Neurological involvement
• Mental involvement
• OR involvement of two or more body systems, not individually meeting the criteria for the above body systems

Providing documentation from your regular physician can be incredibly helpful, especially if the report cites specific criteria from any of the Blue Book listings on the various body systems. Whether or not you meet any of the listings, though, your disability lawyer may be able to win your case based on a medical vocational allowance, an approval which acknowledges overall limitations (age, job skills, education), in light of functional limitations, and finds that these combined factors prevent the claimant from finding and sustaining substantial gainful employment.

Crohn's Disease is a chronic inflammatory disorder affecting the gastrointestinal (GI) tract. While the disease typically affects the lower small intestine, it can cause inflammation in any part of the GI tract. Claimants with Crohn's Disease can suffer from diarrhea, abdominal pain, rectal bleeding, and weight loss, among other symptoms. The disease currently has no known cure, and treatment can sometimes require multiple surgeries.

Obtaining Social Security disability benefits for Crohn's Disease can be frustrating, mostly because the disability listing is very technical. Claimants must prove, using appropriate medical documentation and physician reports, that their disorder is preventing them from being able to hold down gainful employment. Unfortunately, the symptoms associated with Crohn's Disease are similar to symptoms associated with less severe ailments, like Irritable Bowel Syndrome (IBS), making it hard for doctors to diagnose properly.

If a claimant's Crohn's Disease interferes with the ability to work, though, it is definitely still possible to be approved for benefits. The listing requires that a diagnosis of Crohn's Disease be accompanied by medical evidence, including endoscopy, imaging, biopsy, or operative findings. Patients should also exhibit the following:

• Recurring (at least twice, 60 days apart, within a 6-month period) obstruction of inflamed areas in the small intestine or colon, resulting in the need for hospitalization.
OR
• Despite following the prescribed treatment plan, the claimant still experiences two or more of these debilitating symptoms, on two separate physician visits, 60 days apart, within a 6-month period:
o Anemia (hemoglobin less than 10.0 g/dL)
o Serum albumin of 3.0 g/dL or less
o Abdominal pain accompanied by a physical mass or cramping that does not respond to pain medication
o A draining abscess or fistula caused by an infected perineum, accompanied by pain that does not respond to pain medication
o Unintentional weight loss of 10% or more
o Inability to absorb proper nutrition without medical intervention

Since the requirements are so specific, claimants may want to speak with their physician or an experienced disability attorney before submitting their claim.

Although many perceive skin conditions to be less severe than other conditions, the simple fact is that skin disorders can become severe enough to prevent claimants from performing on the job. Since skin is the largest organ in the human body, conditions affecting the skin can make life very difficult and painful for sufferers. Skin disorders are listed on the Social Security Administration's (SSA) List of Impairments, and the listing cites quite a few conditions that can become debilitating enough for sufferers to apply for Social Security disability benefits. Typically, to apply for benefits, disorders must meet certain standard requirements--most often, the persistence of skin lesions over a period of three months, despite treatment. Listed disorders include:

• Ichthyosis
• Bullous Disease
• Chronic skin infections/chronic mucous membrane infections
• Dermatitis
• Hidradenitis suppurativa
• Xeroderma pigmentosum (or other genetic photosensitivity disorders)
• Burns

The SSA assesses each skin condition based on a variety of factors, all of which contribute to the ability (or inability) of a claimant to perform any type of work.

• Severity/Extent of skin lesions - Severity can be determined by the amount of lesions across the body and their location. Lesions on the hands, joints, or feet that impair motor skills, ambulation, or limb movement may be considered severe.
• Frequency of flare-ups - Flare-ups are assessed over a 12 month period, focusing on the frequency, length of the flare-up, and how claimants cope during periods of remission. Frequent severe flare-ups that are expected to continue for a period of 12 months may be considered eligible for Social Security disability.
• Symptoms - Symptoms, including pain, will be judged when considering whether or not claimants are able to perform any type of continuous work.
• Treatment - Since many skin disorders respond to treatment, this will be a factor in judging a claimant's disability. SSA claim reviewers will consider the current or expected treatment, as well as any limitations that side-effects from that treatment may incite.

If your skin condition has impacted your ability to hold down gainful employment, contact a disability attorney to determine if you are eligible to apply for Social Security disability benefits.

Obesity, a disease characterized by a body mass index (BMI) of 30.0 or higher, has become a massive issue across the United States. Excess body weight can make it nearly impossible for some sufferers to perform every day tasks like driving, bathing, or even walking. Obesity used to be on the Social Security Administration's (SSA) list of medical impairments, allowing sufferers to claim Social Security disability benefits if their obesity prevented them from holding down gainful employment. However, now that the listing has been removed, claimants can no longer point to obesity as their sole disability to receive benefits.

There are still two ways in which obese claimants can become eligible for Social Security disability benefits.

1. The obese claimant is suffering from additional ailments, perhaps caused by their obesity. Obesity can cause severe conditions, ranging from heart disease to diabetes, most of which are on the SSA's list of medical impairments. You or your disability attorney can submit a claim using the subsequent listed condition instead of obesity to make your claim. Be sure to note in your claim the ways in which the condition, combined with your obesity, has affected your ability to work.
2. The claimant can apply for a medical vocational allowance. A medical vocational allowance is for claimants who can prove that their disability prevents them from working, despite its absence from the SSA's list of medical impairments. Your physician, or a Social Security physician, must provide the court with a statement of residual functional capacity (RFC). RFC statements specify exactly what activities your condition prevents you from performing.

If you have applied for Social Security disability benefits for your obesity and been denied, you may want to speak with a disability attorney to determine the next course of action. An experienced attorney will know which route is best for your obesity claim, and they can help you through the appeals process.

Cancer patients have enough to worry about without having to concern themselves with finding ways to pay their bills and keep a roof over their heads. Filing a Social Security disability claim during this trying time is an important step toward financial stability. Unfortunately for many patients, rules regarding claims for cancer patients require more than just proof of disability. Obtaining disability coverage for cancer is often difficult and many claimants feel most comfortable navigating the process with an experienced disability attorney.

Traditionally, for conditions to warrant Social Security disability benefits, the claimant must show (among other things) that their illness will last longer than one year or that it may prove fatal. For cancer patients, however, the treatment may have the disabled party back at work within several months. New technologies and treatments have ensured that cancer is no longer a death sentence, which is an amazing step forward for the medical community, but it adds another facet to your Social Security claims.

The Social Security Administration (SSA) has set forth guidelines for disability coverage for cancer patients in their List of Impairments, under neoplastic disease and malignancies. If your condition is preventing you from keeping or obtaining gainful employment, and your cancer meets the eligibility requirements, you should file for disability benefits. Patients having tumors or lesions that have been entirely removed in a surgical setting will typically not qualify for disability coverage. If you are concerned that your claim may be denied, speaking with a disability lawyer can help clear the air.

Helpful TIPS
• Remember to list any additional conditions on your disability claim, as the combination of your conditions and symptoms may help the SSA better assess your claim.
• If your cancer is far along, inoperable, recurrent, or has metastasized--you will likely be eligible for disability benefits.
• Should the SSA deny your claim for benefits, hiring a disability lawyer to help you through the appeals process will substantially increase your chances of obtaining the benefits you need.

Hepatitis C is a viral infection that attacks the liver, eventually resulting in damage to the liver, often manifesting in symptoms like fatigue, jaundice, or abdominal pain. To qualify for Social Security disability benefits, your Hepatitis C symptoms must be restricting you from working your current, or any other, job. You will need to provide detailed physician reports, diagnoses, laboratory tests, as well as a report from any or all of your doctors that states their professional opinion on your ability to work.

The Social Security Administration (SSA) will look at your documentation as well as the symptoms from your Hepatitis C infection and the side-effects from any treatment you are receiving. Since many of the symptoms from Hepatitis C are not objectively verifiable, like severe and chronic fatigue, you will need to ensure that you are discussing and treating these symptoms with your physician regularly and that they are showing up in your medical documentation.

As for the SSA's symptom guidelines, the following (rather stringent) symptoms are considered basis for Social Security disability benefits:

1. Esophageal varices along with a history of hemorrhages attributable to the varices.
2. Patient has had a shunt operation as treatment for their esophageal varices.
3. Serum bilirubin levels at or above 2.5 mg per deciliter, consistent across the span of at least five months.
4. Chronic ascites over a period of five months or more, exhibited by the patient having undergone abdominal paracentesis or having persistent hypoalbumnemia of 30 gml per deciliter (100 ml.) or less.
5. Hepatic encephalopathy.
6. Chronic liver disease (as made evident by liver biopsy), along with:
- chronic ascites
- serum bilirubin levels at or above 2.5 mg per deciliter
- hepatic cell necrosis or inflammation for more than three months

If you do not have one of the above symptoms associated with your Hepatitis C, you may still be eligible for Social Security disability benefits. Your best bet may be to seek out the counsel of an experienced disability lawyer (preferably one who has previously taken on Hepatitis C cases and won) to help you through the process. Your disability attorney may be able to prove your inability to work--despite not meeting all of the SSA's symptom requirements--during the appeals process or your ALJ hearing.

Anyone who has suffered through back pain can attest that the pain can be relentless and it can make even the simplest jobs impossible to perform. This inability to work can quickly compromise your finances, so it's no surprise that many sufferers choose to apply for Social Security disability to help cover their household expenses while they recover.

For many, the cause of back pain can be attributed to spinal injury or deterioration, most commonly a herniated spinal disc. A herniated disc occurs when there is a tear in the tough outer layer of one of your spine's discs, allowing the softer inner layer to bulge out into the spinal canal. Herniated discs often cause severe back pain as well as pain, weakness, or numbness that radiates down the back of your leg. The pain stems from irritated nerves in the spinal canal, and it can be quite debilitating for the sufferer, rendering them unable to work a normal job.

Because so many Social Security disability applicants cite back pain as their disability, the Social Security Administration is much more selective in which claims they approve and which claims they deny. Your best bet when submitting a disability claim for a herniated disk is to ensure that you have proper documentation from your physician, proving that your condition precludes you from holding down a regular job. The Social Security Administration will consider:

• X-rays, MRIs, and CT Scans of your spine depicting an obvious herniated disc that would be capable of causing the injured party considerable pain.
• A physician's objective interpretation of your scans that cites the problem areas and the plausibility of your disability claim.
• Consistent doctor's reports that assert your condition is severe and impedes your capacity to perform in your current or any other job.

Should your Social Security disability claim be denied, your disability attorney can help you gather enough evidence to help you make a successful appeal. Your back pain is real, and although it is relatively intangible as far as objective medical evidence, to increase your odds of approval you will still need to support your claim with documentation from your physician.

4 Heart Disease Impairments that May Make You Eligible for Social Security Disability

The human heart is a powerful muscle, built to pump blood throughout our bodies. When the heart is healthy, it performs its job admirably. Unfortunately, hearts do not always work as they should, and sometimes other factors interfere with the heart's performance.

For claimants that are suffering from heart disease, obtaining Social Security disability benefits can help you support yourself and your family if your illness impedes your ability to work. Your main goal in presenting your disability claim is to prove to the Social Security Administration that your condition is directly hindering you from performing your job--or any other job, no matter how low-key.

When you are building up your claim, be sure to acquire evidence from your physician, including diagnostic tests and reports that support your claim. This evidence should be provided in the initial application, so talk to an experienced disability attorney to find out what to include. If you have already made your claim and been denied, a disability attorney can work with you to create a successful appeal.

Heart disease, according to the Social Security Administration, has four consequential impairments that would make a claimant eligible for disability benefits:

• Persistent heart failure or impairment of the left or right ventricle
• Lack of blood flow to the heart (medically known as myocardial ischemia), resulting in pain, discomfort, or possibly necrosis
• Inadequate blood flow to the brain, stemming from a cardiac impediment, that sometimes results in syncope or near syncope
• Lack of oxygen in the blood, causing central cyanosis, stemming from arterial or vascular deterioration or obstruction

If, in conjunction with your heart disease, you are suffering from other symptoms, side-effects, or ailments, you may be able to present these conditions in your case. Your case will be stronger if these other conditions also prove to be obstacles in attaining, and keeping, gainful employment. Ensure your claim's success by telling your disability attorney all of your symptoms and conditions--even if they seem unrelated--so that your case can be considered in its entirety.