Winning a Social Security disability case based on **hidden disabilities**.

[Guest guest]

More on this subject at this website

_http://www.examiner.com/x-13746-Tampa-Social-Security-Disability-Examiner_

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

 

Winning a Social Security disability case based on **hidden disabilities**.

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

2009m6d18-Winning-a-Social-Security-disability-case-based-on-hidden-disabili

tie_

(http://www.examiner.com/x-13746-Tampa-Social-Security-Disability-Examiner~y2009\

m6d18-Winning-a-Social-Security-di

sability-case-based-on-hidden-disabilitie)

 

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

 

 

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 techniques**.

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.**

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.

Paul Proto

President - Federal Benefits Advisory Group

Phone 813-325-6159

Website: _http://ssa-disability.tripod.com_ (http://ss

a-disability.tripod.com)

_ssa-disability.tripod.com_ (http://ssa-disability.tripod.com/)