Bridgman & Serbin, Charlotte Social Security Disability Attorneys

Social Security Disability and Multiple Sclerosis

dbridgman — Fri, 13 Jan 2012 21:22:00 +0000

Our firm recently represented an individual who had Multiple Sclerosis and fortunately was awarded social security disability benefits. Many times these cases turn on a few key medical documents, however, I believe just as important is having a detailed description of a claimant’s functional limitations. If an individual is formally diagnosed with Multiple Sclerosis, and is being followed closely by a neurologist, and has severe functional limitations, there is a good chance they will be found disabled under social security’s rules and regulations. Let me go over some of the basics of Multiple Sclerosis (MS) and how to successfully navigate the social security disability claims process if you have Multiple Sclerosis.

Multiple Sclerosis is a neurological disease that affects the central nervous system and can be extremely debilitating. There is no known cause for Multiple Sclerosis and unfortunately, no known “cure” as well, however, there are many different therapies which are mostly designed to slow the progression of the disease and target some of the symptoms. There are many signs and symptoms of MS including muscle weakness, spasticity, decreased sensation, pain, and vision and speech disturbances among many others. These symptoms are what affects an individuals function which are key in proving disability.

Individuals who have been diagnosed with Multiple Sclerosis and are unable to work because of this disease should consider applying for social security disability. There are specific criteria that the Social Security Administration looks for when evaluating your claim. First, they will look to see if you were formally diagnosed with Multiple Sclerosis. This typically includes some type of imaging (MRI) where a doctor, most likely a neurologist who is specially trained with MS, is able to see the damaged areas of the brain or any abnormalities which are typical in patients with MS. Additionally, this has to be corroborated with a patient’s history, physical symptoms, and other laboratory findings in order to rule out other causes of a positive MRI. Next, and just as important to your case, the Social Security Administration will look at your ability, or more accurately, your inability to function due to the symptoms of Multiple Sclerosis. The most important symptom that our law firm has found in these cases is “muscle weakness” and/or “fatigue”. Fatigue and muscle weakness are two of the most common symptoms of Multiple Sclerosis and are also two of the most debilitating. If a social security disability claimant can show that they have reproducible fatigue and/or muscle weakness due to Multiple Sclerosis, then they have a much better chance of being successful with their social security disability claim.

Proving this may sound very simplistic, however, unfortunately it is not. Many cases can be denied due to the difficulty of proving the particular degree of symptoms as well as consistent symptoms, especially at the initial and reconsideration stages of a social security disability claim. It is important to remember that there is a right way and a wrong way to describe your particular symptoms to SSA or to the Administrative Law Judge if you have a social security disability hearing. The short answer is you do not want to exaggerate your symptoms, but you also do not want to minimize your symptoms. Anyone who has been diagnosed with Multiple Sclerosis and is considering applying for social security disability benefits, or has already been denied with their disability claim should consider talking to an Attorney who is well versed in this type of law and who has an understanding of this type of disease.

Medical opinion evidence – Part 3: How will my doctor’s opinion be obtained and presented to the Social Security decision-maker?

admin — Tue, 29 Nov 2011 22:34:07 +0000

Now that you understand the importance of medical opinion evidence to the success of your Social Security disability claim, you may be wondering how your doctor’s opinion will be obtained and in what form it will be presented to the Social Security decision-maker.

There are several ways to obtain a treating doctor’s medical opinion. For example, your Charlotte disability lawyer could:

Take the doctor’s deposition. [A deposition is similar to an interview. Your Charlotte disability lawyer will question the doctor; the doctor will answer under oath, just as if he were testifying in court; and the entire proceeding will be transcribed, word for word.]
Send the doctor written questions, to be answered in writing.
Ask the doctor to prepare a written report on specific topics.
Ask the doctor to complete a pre-printed medical opinion form relative to your impairment. [You can see an example of a medical opinion form, in a fibromyalgia case, here.]
Subpoena the doctor to testify at your hearing before the administrative law judge.

Even though live testimony may be the most compelling and effective way to ensure that the treating doctor addresses all the issues in your case, treating doctors rarely testify at Social Security disability hearings. The reason for this is simple: doctors are busy, and their time is expensive. Thus, in most cases, the doctor’s opinion will be presented in written form. In any event, regardless of how the doctor’s opinion is obtained or the format in which it is presented, the Social Security decision-maker must consider the opinion and, in appropriate cases, give it controlling weight.

An experienced Charlotte disability lawyer can help you gather and present the evidence in support of your disability claim, including medical opinion evidence. If you are not currently represented, and you would like to talk with us, please use the Free Case Evaluation form on this page to tell us about your situation, or call or email us directly.

Charlotte disability attorneys explain how Social Security determines the weight to give your doctor’s medical opinion – Part 2

admin — Tue, 22 Nov 2011 22:31:01 +0000

In a previous post [10/14/11], we explained that a doctor’s opinion must meet three basic criteria in order to be given “controlling” weight: it must come from a medically acceptable source; it must come from a treating doctor; and it must be supported by the medical evidence. Here, we will discuss those criteria in more detail.

Assuming that your doctor is an “acceptable source,” then the Social Security decision-maker will consider both the nature of your relationship with your doctor and the quality of the opinion presented in determining the weight to be given to your doctor’s opinion. Relevant factors include:

The length of time you have treated with the doctor;
The number of time you have seen the doctor;
Whether the doctor is able to provide details of your impairment over a prolonged and continuous period of time;
Whether the doctor is a specialist and, if so, whether the doctor’s specialized knowledge and experience are relevant to treating your impairment;
The clinical work (examinations and tests) performed and ordered by the doctor;
Whether and to what degree the doctor’s opinion is supported by the medical evidence in the case, particularly the clinical and diagnostic evidence;
Whether the doctor’s opinion is consistent with the other evidence in your case; and
The quality of the doctor’s written opinion – a detailed, well-reasoned, and well supported opinion is valuable and will be given due weight; by comparison, a conclusory statement of opinion (e.g., “It is my opinion the claimant is disabled.”), without more, will be given little to no weight.

An experienced Charlotte disability attorney can work with you and your doctors to obtain valuable medical opinion evidence. If you would like to talk with us about your case, you can reach us by phone or email, or by submitting the Free Case Evaluation form on this page.

Update: Obtaining Social Security disability benefits for diabetes

admin — Fri, 11 Nov 2011 18:27:26 +0000

In our February 4, 2011 post, we discussed the proof required to be awarded disability benefits for diabetes. Here, we discuss revised proof requirements recently established by Social Security.

As with any medical condition, your diabetes may serve as the basis for an award of Social Security disability benefits if the nature and severity of your condition (a) meets or equals a Listing impairment or (b) prevents you from working.

Prior to June 2011, a claim for disability benefits based on diabetes was evaluated under three separate diabetes listings: neuropathy (Listing 9.08A); ketoacidosis (Listing 9.08B); and retinitis proliferans (Listing 9.08C). Post-June 2011, however, a claim for disability benefits is evaluated under the listing for the body system impacted by the claimant’s diabetes; there is no separate listing for diabetes per se. Thus, for example, if your diabetes causes heart-problems, it will be evaluated under the cardiovascular listing (Listing 4.00); if your diabetes results in impaired cognitive functioning, it will be evaluated under the mental disorders listing (Listing 12.00).

If you have questions about whether your diabetes meets or equals a Social Security disability listing, and you are not currently represented by a Charlotte disability lawyer, please contact us for a free initial consultation. Use the claim evaluation form on this page to tell us briefly about your condition, or call or email us directly. The Social Security listings are complicated, and the process of determining whether you qualify is often convoluted. As experienced Charlotte disability lawyers, we can help you make sense of it all.

Charlotte disability attorneys explain the circumstances under which Social Security will give your doctor’s opinion “controlling weight”

admin — Fri, 14 Oct 2011 22:04:26 +0000

If you have had any discussions with a Charlotte disability attorney, then you know how important medical evidence (records, test results,etc.) is to the outcome of your application for Social Security disability benefits. Medical opinion evidence also can play a critical role. In fact, Social Security must give a doctor’s medical opinion “controlling weight” if that opinion meets the following three criteria:

“Aceptable medical source.” Does the opinion come from an “acceptable medical source” for Social Security purposes? Acceptable medical sources are physicians (medical or osteopathic doctors); psychologists; podiatrists; optometrists; and qualified speech-language pathologists.
Treating doctor. Is the doctor who provided the opinion your treating doctor, or a doctor your went to once or twice for the purpose of obtaining a medical opinion?
Medically sound. Is the doctor’s opinion supported by medically acceptable diagnostic techniques?

If a medical opinion is given “controlling weight,” this means that Social Security must adopt the doctor’s opinion as its own. If the medical opinion evidence in your case does not meet these criteria (e.g,. if the opinion is from a chiropractor you saw one time), then it will still be considered by the Social Security decision-maker, but will be given less weight.

Charlotte disability lawyers discuss the best time to obtain a written opinion from your treating doctor

admin — Fri, 30 Sep 2011 17:15:03 +0000

As experienced Charlotte disability lawyers, we know how important it is, in every case, to obtain a formal, written medical opinion from our client’s treating doctor. The question is when to seek this opinion. In most cases, we will ask the doctor for his opinion early in the case, often on the same day we are retained as counsel. This allows us to memorialize, from the outset, the client’s medical condition and ability to work despite the limitations caused by that condition. As the hearing date approaches, we can then ask the doctor for an updated report noting significant changes in the client’s condition, or for a short letter noting that the client’s condition is unchanged. In some cases, however, an early medical report may not be in the client’s best interests. For example, we will hold off asking for a report if:

The client has not received a clear diagnosis of his or her condition; or
The doctor has not spent enough time with the client, either because this is a new doctor/patient relationship or because the client’s condition ebbs and flows, and the doctor has not yet seen all phases of the client’s impairment.

If you are not presently represented by a Charlotte disability lawyer, contact us for more information about obtaining your treating doctor’s medical opinion.

Charlotte disability lawyers explain the impact of workers’ compensation benefits on Social Security disability benefits

admin — Mon, 12 Sep 2011 20:09:53 +0000

As Charlotte disability lawyers, we are often asked some form of this question: Can I receive Social Security disability benefits if I am receiving workers’ compensation benefits? The short answer is, “Yes.” Workers’ compensation pays benefits to individuals injured on the job, whether that injury results in a short-term or long-term disability, or a partial or total disability. Social Security disability benefits, on the other hand, are paid to individuals who have a severe, long-term disability, which prevents them from engaging in any type of substantial, gainful employment. The two are not mutually exclusive, so you may receive benefits under both programs (though you may be asked about statements you made on your application for workers’ compensation benefits at your Social Security disability benefits hearing). Receipt of workers’ compensation benefits may, however, reduce the amount of your Social Security disability benefits. As a general rule, the total amount of your workers’ compensation benefits and Social Security disability benefits cannot exceed 80-percent of your average current earnings before you became disabled.

Charlotte disability lawyers discuss what it means to be “disabled”

admin — Fri, 26 Aug 2011 15:26:33 +0000

As Charlotte disability lawyers, we are sometimes asked about the concept of being “totally and permanently” disabled. This is a workers’ compensation concept, not a Social Security disability concept. In order to be awarded Social Security disability benefits, you do not have to be “permanently” disabled; you have to be disabled for a minimum of 12 months. Nor do you have to be “totally” disabled. In fact, most people who apply for Social Security disability benefits are capable of doing some type of work. In most cases, the Social Security disability determination turns on whether there are a significant number of jobs you are capable of doing, considering your age, education and work experience. The younger you are, the more difficult it will be to prove you are “disabled.” In general:

If you are under age 50, you will have to prove that you are not capable of performing sedentary work. This means you will have to prove that you cannot do an easy job that requires sitting for most of the workday or alternating periods of sitting and standing. Even if you might not be hired for a job like this, you still have to make this proof.

If you are age 50 through 54, the disability determination will turn on your ability to do light work – that is, work that involves being on your feet most of the day and lifting up to 20 pounds. Even if you are able to do a sedentary sit-down job, you can still be found disabled if you prove that you cannot do light work.

If you are age 55 or older, the disability determination will turn on your ability to do “medium” work – work that involves being on your feet for most of the day, frequently lifting 25 pounds, and occasionally lifting up to 50 pounds. If you establish that you are not able to do medium work, you may be found disabled, even if you are able to do light and sedentary work.

The rules governing the Social Security disability determination are complicated, and the application of these rules can be tricky, regardless of your age. An experienced Charlotte disability lawyer can help you present a persuasive case. Please contact us if you would like us to review your situation.

Charlotte disability attorneys explain important dates affecting the payment and amount of Social Security disability benefits

admin — Tue, 09 Aug 2011 18:36:05 +0000

As Charlotte disability attorneys, we handle all phases of the Social Security disability application and appeals process. At some point during this process, most clients wonder, “If I am awarded benefits, how far back will my benefits go?” Like many aspects of Social Security disability, the answer to this question is deceptively simple: You are entitled to receive benefits back to the date of your application and for up to 12 months prior to that date. To understand what this means, you need to understand a handful of important dates and terms:

Application date: This is the date you complete your application for Social Security disability benefits.

Onset date: The onset date of disability is the first day you are “disabled,” as that term is defined in the Social Security Act and the regulations. Factors relevant to the determination of your onset date include (a) your claim as to when you became disabled; (b) your work history; and (c) the medical evidence in your case. These factors typically are evaluated together to arrive at the onset date. However, factors (a) and (b) are given significant consideration only if they are consistent with the severity of your condition, as demonstrated by the medical evidence

Waiting period: You are not entitled to receive any benefits for the first 5 full calendar months after your onset date. The purpose of the waiting period is to ensure that Social Security pays benefits only to persons with long-term disabilities. Because only full months are counted, the actual waiting period is nearly always longer than five months.

Taking all these factors into consideration, your benefits begin either 12 months prior to your application date or five full months after your onset date, whichever is later.

Charlotte disability lawyers explain how Social Security makes a disability determination in a mental impairment case

admin — Mon, 25 Jul 2011 21:43:55 +0000

To obtain Social Security disability benefits for a mental impairment, you must demonstrate that you have a long-lasting, severe and medically determinable mental impairment that prevents you working. A finding of disability due to mental illness requires (1) a diagnosis of a psychiatric impairment and (2) documentation of the severity of your impairment and the resulting limitations by a psychiatrist or licensed clinical psychologist. A diagnosis by a primary care physician (who is not a psychiatrist or licensed clinical psychologist) will not be sufficient. If necessary, the Social Security Administration will schedule a consultative examination to obtain this evidence.

Once it is established that you have a severe, medically determinable mental impairment, the Social Security decision-maker will evaluate your ability to perform work-related functions in four broad categories:

Activities of daily living – What are you able to do on a daily basis? Can you, for example, dress yourself and take of your personal hygiene; take care of your home; shop; cook; drive? Can you do these things on your own, without assistance or monitoring or reminding?
Social functioning – Does your impairment limit your ability to interact and communicate effectively with others?
Concentration, persistence, pace – Are you able to focus and see a task through to completion, working at a reasonable pace? Evidence regarding this aspect of functioning may be gathered from psychological testing; from former employers; or by inference, based on your ability to concentrate and complete routine tasks at home (e.g., follow a recipe correctly, from start to finished dish).
Deterioration or decompensation in a work or work-like setting – Is the stress of work, or a work-like setting, simply too much for you? This factor may manifest itself, for example, in poor judgment, or an inability to make a decision or interact with others.

If you or a loved one is seeking Social Security disability benefits for a mental impairment, and you are not currently represented by a Charlotte disability lawyer, we may be able to help. Please tell us about your situation using the Free Claim Evaluation form to the right, or contact us directly.