There is no cure for CMT disease. Similar to a related disease, muscular dystrophy, possible treatment includes surgery, physical therapy, and the use of foot braces to assist with walking.
If you've been diagnosed with CMT disease and suffer from symptoms that have prevented you from working for at least a year, you can apply for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits.
The Social Security Administration (SSA) will obtain your medical records to determine your eligibility for benefits. Your medical history should include the results of any nerve conduction testing, statements from your doctors stating how CMT disease affects your ability to work, and whether medications effectively control your nerve pain.
There are two ways to qualify for disability benefits.
The SSA has created a Listing of Impairments known as the “Blue Book.” If you meet the medical requirements for a disability listing, you'll be found disabled. Listing 11.14, the listing for Peripheral Neuropathy (injury to the nerves that send information from sections of the body to the spinal cord), applies to CMT disease.
To meet listing 11.14, you must prove that you have severe and ongoing problems using two extremities (either both legs or an arm and a leg or both arms), which causes chronic difficulty with your ability to walk, stand, or get up from a seated position or to use your arms and hands effectively. (Using your arms and hands refers to activities such as writing, typing, tying your shoe, lifting, or reaching overhead.)
The most crucial medical information for your disability application will be statements from your primary doctor and neurologist about your ability to walk and stand. The SSA also might ask you questions about how you perform your activities of daily living (ADLs) such as shopping, preparing meals, daily hygiene, and completing housework. The SSA will look to see if there are any inconsistencies in your medical records, your ADL statement, and your disability report.
Because CMT gets progressively worse with time, it is important to appeal any denial of your disability case. It is possible that your medical status could worsen while awaiting your next disability review, making it easier for you to get disability.
If you're not automatically found to be disabled under the disability listing for peripheral neuropathy, the SSA will assess your residual functional capacity (RFC). Your RFC is the most that you can do in performing basic work tasks. Depending on how long you can walk and stand, and how much you can lift and carry, you'll be given an RFC for medium work, light work, or sedentary work.
With CMT disease, you would commonly have pain after extended walking and standing, and you might have difficulty walking due to a bilateral foot drop. As such, the SSA may determine your RFC to be for sedentary work. Unless you're older in age, a sedentary work level would mean that you are not disabled, because there are plenty of simple, unskilled sedentary jobs.
But you can try to prove, at your disability appeal hearing, that you can't actually do a full range of sedentary work. Any of the following could help you prove that you can't do sedentary work:
And if you're older than 50, you can be found disabled even if you can do sedentary work. See our discussion of how the grid rules determine whether you will be found disabled.
]]>Narcoleptics can experience other disabling symptoms, including:
There's no cure for narcolepsy, but medications and lifestyle changes (like scheduled naps) can sometimes make the symptoms manageable. After a brief period of sleep, someone with narcolepsy will usually wake feeling refreshed.
Although it can be dangerous for someone with narcolepsy to drive or operate machinery, the Social Security Administration (SSA) doesn't have an official disability listing for narcolepsy in its list of impairments (called the Blue Book). The impairments included in the Blue Book are conditions Social Security considers serious enough to automatically qualify someone for disability benefits.
Narcolepsy type 1 is a more severe form of narcolepsy that involves cataplexy, while narcolepsy type 2 doesn't involve cataplexy. Only about 20% of people with narcolepsy have type 1, which is more likely to be treated as a disability.
Because it's not in the Blue Book, you can't automatically qualify for disability benefits for narcolepsy. It's still possible to get Social Security disability insurance (SSDI) benefits or Supplemental Security Income (SSI) benefits for narcolepsy. But the other two other ways of qualifying for disability benefits often require the help of a disability lawyer or advocate. You might be able to either:
To equal a listing, you must show Social Security that your symptoms are as severe as those of a listed condition. For instance, the symptoms of narcolepsy are sometimes similar to those caused by frequent dyscognitive seizures (seizures that don't involve convulsions but do cause a lack of awareness). If your symptoms are similar enough to the symptoms of the disability listing for epilepsy (listing 11.02), Social Security might consider your condition to be equivalent to epilepsy. (Learn more about meeting the disability listing for epilepsy.)
If you aren't able to "equal" the epilepsy listing, the SSA will try to determine if there are any jobs you can safely and productively perform despite your narcolepsy. To decide whether your narcolepsy limits you too much to work, Social Security will look at your "residual functional capacity," or RFC.
Your residual functional capacity, or RFC, is Social Security's assessment of what you can do despite your restrictions. It also refers to the name of the detailed report that Social Security creates on how your narcolepsy affects your ability to perform work-related activities.
You can also have the doctor who's treating you complete an RFC assessment or medical source statement. A well-written, well-supported RFC form or statement can help you win your claim for disability based on narcolepsy. Even though Social Security will accept medical evidence from any licensed physician who treats you, the agency will give more weight to a doctor who specializes in narcolepsy. So ask your neurologist to fill out an RFC form.
(Learn more about how Social Security uses RFCs in determining medical eligibility for disability.)
Your RFC or medical source statement should explain in detail how your narcolepsy prevents you from working. For example, you might need to take frequent and unscheduled breaks throughout the day because of your narcolepsy. And because scheduled naps might help ease your symptoms, your doctor might write that your employer should provide you with a place to take short naps at regularly scheduled intervals. (Of course, most employers are unwilling to provide this type of accommodation.)
Your neurologist should also explain in your RFC how your narcolepsy affects your ability to:
For example, if you suffer from cataplexy (sudden weakness and/or loss of muscle control) as a result of narcolepsy type 1, it could be particularly dangerous for you to engage in strenuous activity. And because narcolepsy causes extreme drowsiness, you probably also couldn't do jobs that required you to:
If you take medication to treat your narcolepsy, you should make sure your doctor documents any side effects. Your doctor should then report on your RFC how your narcolepsy medication impacts your mental abilities, including:
An RFC is only as good as the medical evidence that supports it. So it's important that you or your doctor provide Social Security with as much medical evidence as possible to support your diagnosis of narcolepsy, including evidence of your symptoms and the effects of the treatments you've tried. You should provide the SSA with the results of all testing, including:
Also, you should provide Social Security with:
Working when you apply for disability benefits might be okay as long as you're not earning too much money. When you apply for SSDI or SSI disability, Social Security must determine whether or not you're working above what the agency calls the "substantial gainful activity" or SGA level. For 2024, the SGA amount for SSDI or SSI applicants is $1,550. It's $2,590 for blind SSDI applicants. (SGA limits don't apply to blind SSI applicants.)
That means if you earn $1,550 or more a month, Social Security will find that you're capable of doing substantial gainful activity (work), and your claim will be denied. But if you're working below the SGA level (say you can only work 10 hours per week because of your disability), you could still qualify for benefits.
Applying for Social Security disability isn't hard to do, but you'll need to provide a lot of information. And you can apply in person at your local Social Security office, by phone at 800-772-1213 (TTY 800-325-0778), or online at SSA.gov.
No matter which method you choose, it'll help if you have some information already gathered when you start. Social Security will need:
Don't delay filing your disability application because you don't have all the information and documents you need. The Social Security representative assigned to your case can help gather anything you're missing.
Learn more about the Social Security disability application process.
Updated December 20, 2023
]]>MS is an unpredictable disorder that varies from person to person. Some people have a mild form that doesn’t significantly interfere with their lives, while others have severe symptoms that greatly restrict their daily activities. If symptoms from your MS prevent you from working full-time for at least twelve months, you might qualify for Social Security disability benefits.
Your body’s immune system is an important defense against germs, bacteria, and viruses. MS occurs when your immune system begins attacking a protective sheath (known as myelin) that covers your nerve fibers and disrupts how your nerves communicate with the rest of your body.
While not every person diagnosed with MS will have the same type, severity, or duration of symptoms, the disorder often affects movement. The more common symptoms include:
Although a neurological examination can identify symptoms that may indicate the presence of multiple sclerosis, there is no conclusive test that diagnoses MS. Generally, your doctor will diagnose MS after ruling out other, similar conditions (a “differential diagnosis”).
Neurologists classify multiple sclerosis into four different types:
Unfortunately, there’s currently no known cure for MS. The most common treatment is medication, which can slow the disease’s progression and help manage symptoms. Other treatments such as physical therapy, speech therapy, and the use of assistive devices may help. Lifestyle changes, like avoiding stress and maintaining an exercise program, can also be beneficial.
Depending on how severe your MS symptoms are, you may qualify for disability benefits from the Social Security Administration (SSA). Some people with MS have mild symptoms that don’t pose any significant obstacles to work, while others have more limitations that rule out all jobs. People with very advanced MS might qualify for disability automatically under the SSA’s Blue Book listing for multiple sclerosis.
Social Security awards disability benefits to people who have a medical condition that prevents them from working at the level of substantial gainful activity for at least twelve months. You’ll also need to meet the financial eligibility requirements for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
When you apply for disability benefits, the SSA will, with your permission, obtain records from the medical providers who treat you for your MS. Claims examiners for the SSA will be on the lookout for documentation of your MS symptoms as well information on how those symptoms limit you. Examples include:
Your medical records are the foundation of your disability claim, so make sure that you keep the SSA in the loop about any new treatment you receive for your MS. Social Security needs to see that your records are timely, accurate, and sufficient before the agency can use them as the basis to find you disabled.
The SSA maintains a “Listing of Impairments” (also known as the Blue Book) that provides specific criteria for certain conditions that, if documented in your medical records, automatically qualify you for disability. The requirements for multiple sclerosis are described under listing 11.09.
You can meet these requirements in two ways:
Children can also qualify for SSI benefits under a similar listing for MS, but only in very limited circumstances (such as when they can’t move independently).
Most Social Security applicants (“claimants”) with MS aren’t so limited that they meet the strict requirements of the listing criteria, but that doesn’t mean that they’re not disabled. You can qualify for disability without meeting a listing if you can show that no jobs exist that you can perform according to the medical-vocational guidelines.
The medical-vocational guidelines are a set of rules that helps the SSA determine your ability to work based on your age, education, past work history, and what the agency refers to as your residual functional capacity (RFC). Your RFC is a list of restrictions that reflect the most you’re capable of doing, physically and mentally, in a work setting.
A typical RFC for a claimant with MS can include the following restrictions:
The SSA will determine your RFC by consulting a medical expert, reviewing your doctors’ notes, and looking at the result of any consultative examinations you attended. If you have other physical or mental conditions that affect your ability to work, the agency will consider any limitations from these impairments, along with your MS, when determining your RFC.
If your RFC rules out your past work, Social Security will need to find out whether any other jobs exist that you can do with your restrictions. In general, being older—especially if you’re over 55—with less education and a history of unskilled labor increases the chances that you’ll qualify for disability. For more information, read about how Social Security decides claims based on the medical-vocational guidelines.
Because MS symptoms can vary so widely between claimants, without the help of an experienced disability attorney or advocate, it can be difficult to know what your chances are at qualifying for benefits. Consider getting a lawyer to help you with your MS claim. Your lawyer can ease the stress of gathering your medical records for submission to Social Security, and can represent you in front of an administrative law judge at a disability hearing.
You can find disability lawyers near you using our attorney locator tool here.
Updated November 21, 2022
]]>Some people with carpal tunnel syndrome have mild symptoms that can resolve with rest after a few weeks or months. But others have more severe symptoms that might require surgery and significantly interfere with their ability to use their hands. People with advanced carpal tunnel syndrome can qualify for Social Security disability benefits.
Carpal tunnel syndrome (CTS) happens when the median nerve, which runs down the arm into the hand, becomes compressed at the wrist. The compression is usually the result of inflammation of the connective tissues (tendons) that surround the nerve.
Because the median nerve controls sensations to the palm, thumb, and fingers, when the nerve is compressed, it becomes harder to control the electrical impulses that tell your fingers and thumb to move.
Carpal tunnel syndrome symptoms usually start gradually and include:
Symptoms can increase during the night because of how you might position your wrist while you sleep. Daytime activities such as holding a book, texting, or driving can also cause CTS symptoms to flare up.
CTS is usually diagnosed by performing a nerve conduction study. A nerve conduction study is performed by sending a small electrical signal through your median nerve. Your doctor will then measure the degree of latency (slowness) based on how long it takes the signal to travel through the nerve.
The results of the nerve conduction study will help your doctor determine the best course of treatment for your CTS. If the study shows mild or moderate nerve latency, your doctor might prescribe a wrist splint or anti-inflammatory medications. If the study shows severe carpal tunnel syndrome, your doctor might recommend corticosteroid injections or surgical intervention.
The Social Security Administration (SSA) recognizes that symptoms of carpal tunnel syndrome can prevent you from working full-time. Almost every job imaginable requires you to use your fingers and hands—such as pastry chefs who create intricate designs, surgeons who manipulate precise instruments, bus drivers who turn the steering wheel, and administrative assistants who must type quickly.
If your carpal tunnel symptoms are severe enough that you can only use your hands and fingers occasionally throughout the workday, the SSA is unlikely to find that you can perform any job.
When you submit an application for Social Security disability benefits, a claims examiner with Disability Determination Services (DDS) will review your file to determine whether symptoms from your carpal tunnel syndrome prevent you from working for at least twelve months. The examiner will be on the lookout for the following medical evidence in your application:
Based on the medical evidence and the details in your function report, the examiner will make an assessment about your residual functional capacity (RFC). Your RFC is a set of restrictions that reflect the most you’re capable of doing, physically and mentally, in a work environment. A typical RFC for somebody with carpal tunnel syndrome will include limitations on how long you can use your arms, hands, and fingers to grab, hold, and move objects.
As mentioned above, very few jobs exist that don’t require you to use your fingers and hands. For disability applicants with carpal tunnel syndrome, their RFC will almost certainly include restrictions on how long they can grasp and press objects. In Social Security lingo, these restrictions are called manipulative limitations.
Manipulative limitations are categorized further into fine and gross manipulation. Fine manipulation consists of movements that you do with your fingers, such as typing or pressing buttons. Gross manipulation consists of movements that you do with your whole hand, such as grasping a mug or turning a doorknob.
Social Security classifies manipulative limitations according to how long you can perform the activity in a workday, but the definitions aren’t always up to date and consistent with what a vocational expert might testify to.
The more severe your carpal tunnel symptoms are, the more restrictive your manipulative limitations will be. Whether your symptoms are in your dominant or non-dominant hand can also help rule out the kinds of jobs you can do.
Social Security uses your RFC to determine whether you’re currently able to perform jobs that you’ve done in the past. If you can’t do any of your past work, then—depending on additional factors such as your age and education—the agency will determine whether you’re able to perform any other jobs in the national economy. If your carpal tunnel symptoms rule out all work, the SSA will approve your application for disability benefits.
The SSA provides several ways for you to start your application for disability benefits.
Consider contacting an experienced disability attorney or advocate for help with your disability claim. Your disability lawyer can help collect and submit your medical records, handle any communications with the SSA, and represent you at a hearing in front of an administrative law judge.
Updated November 4, 2022
]]>To give yourself the best chance of a successful claim for fibromyalgia, it's essential not only to obtain treatment, but to obtain the right treatment. The Social Security Administration (SSA) expects those with fibromyalgia to receive a proper diagnosis and regular treatment from a rheumatologist. You should also document your case to the fullest extent possible with relevant medical records, laboratory testing, opinions from doctors, and third-party statements from friends, family members, or former colleagues.
Fibromyalgia, also known as fibromyositis, fibrositis, or fibromyalgia syndrome (FMS), is a chronic illness marked by widespread pain and tenderness in the muscle, joints, tendons, and soft tissues. It has no known cause, but may arise from a combination of genetic factors, physical injuries, emotional trauma, and lifestyle. The symptoms of fibromyalgia are many, but generally include diffuse pain or soreness, fatigue, digestive problems, dizziness, headaches, and numbness or tingling in the hands and feet. Common cognitive and psychological manifestations of the illness include memory issues ("fibro fog"), depression, and anxiety.
Treatment for fibromyalgia generally involves a fair amount of experimentation. Many physicians prescribe a combination of physical therapy, exercise, cognitive-behavioral therapy, and medication to manage the symptoms of fibromyalgia.
Social Security has an official ruling (SSR 12-2p) that explains how disability claims examiners and judges should evaluate whether fibromyalgia constitutes a "medically determinable impairment" (MDI). (To be even considered as a basis for disability benefits, a medical condition must be a severe MDI.) Citing diagnostic criteria used by the American College of Rheumatology (ACR), Social Security found that fibromyalgia should be considered an MDI when the following two criteria have been met.
In addition, one of the following must also be present:
Remember that these criteria establish only whether your fibromyalgia is a medically determinable impairment, not whether you are disabled. Even if you satisfy the above requirements, you still must demonstrate to Social Security that you're incapable of performing your past work and any other jobs in the U.S.
While fibromyalgia cases can be some of the hardest to win, your chances will be greatly improved if you follow these bits of advice.
Get a proper diagnosis of fibromyalgia from a rheumatologist. Physicians have sometimes used fibromyalgia as a sort of "catch-all" diagnosis in cases where their patients suffer from chronic pain without any apparent cause. Thus, it is essential that your doctor, preferably a rheumatologist, has made your fibromyalgia diagnosis according to medically acceptable diagnostic techniques, which should include trigger-point testing and laboratory testing to rule out other conditions.
Make sure the SSA has all your relevant medical records. After you've filed your initial disability application, Social Security will request your medical records from at least the previous twelve months. If you've received treatment for more than twelve months, you may have to request the records on your own, or with the help of an attorney, and provide them to Social Security yourself. If your claim has been denied at the initial level (as most fibromyalgia claims are), you should continue to receive treatment and submit your updated medical records to SSA for as long as your appeal is pending.
Ask your physician to complete a Residual Functional Capacity (RFC) form. Your RFC is what you are capable of doing despite your impairments. Social Security uses your RFC to decide whether your limitations prevent you from performing full-time work. You or your attorney should ask your rheumatologist to give an opinion as to your limitations in the following areas:
Your physician should also indicate whether you would need to recline, lie down, or elevate your legs during a typical workday, and whether you'd be required to take unscheduled breaks due to pain or fatigue.
Keep a journal of your symptoms. Recording your mental and physical symptoms on a regular basis can help your doctor make the appropriate diagnosis and optimize your treatment regimen. It can also help persuade Social Security that your symptoms are persistent, severe, and legitimate. Be sure to record levels and locations of pain as well as any other symptoms you experience, such as exhaustion, insomnia, gastrointestinal issues, or emotional difficulties.
Obtain statements from third parties familiar with your symptoms and limitations. Third-party reports from friends, family members, and especially former co-workers can bolster your disability case. These reports should include the individual's first-hand observations of your physical or mental limitations, rather than providing opinions on your medical issues.
Consider getting legal help. A disability advocate will work with you and your doctors to present the strongest possible case to Social Security. Most disability representative charges you a fee only if you win your case, and the representative's fee is collected from the backpay owed to you from Social Security.
]]>Some types of epilepsy cause convulsions and loss of consciousness, while other types cause staring spells and altered awareness. While most cases of epilepsy can be treated successfully with medication, about 35-40% of people have "medically refractory epilepsy,” or "intractable epilepsy," meaning that medication does not prevent seizures.
There are several types of epilepsy, which cause various types of seizures:
Adults with epilepsy may be eligible for Social Security disability insurance (SSDI, for those who paid taxes into the Social Security system) or Supplemental Security Income (SSI, for low-income people). To qualify for either SSI or SSDI, epileptic seizures have to occur regularly (see below).
Because epilepsy is often controlled with medication, it is not always a disabling illness. Social Security examiners will want to see evidence that your condition is disabling even though you are taking your medication.
The SSA sets out what’s required to get disability benefits for epilepsy in disability listing 11.02. Note that, because it can take several months of taking medication to control seizures, especially if the medication needs to be adjusted, you must have taken your prescribed medication for at least three months before applying for disability benefits. In addition, if your doctor has told you to abstain from alcohol, and you haven’t, you won’t be considered to have followed prescribed treatment for three months. (Alcohol use can increase the risk of seizures and weaken the effect of anticonvulsant drugs.)
Listing 11.02 includes different requirements for two main categories of seizures.
If you have generalized tonic-clonic seizures, you will be approved for disability benefits if you have:
OR
If you have dyscognitive (complex-partial) seizures, you will be approved for disability benefits if you have:
OR
If your epilepsy doesn’t meet these requirements, you still might be able to get disability benefits based on a "medical-vocational allowance," if you can show that your epilepsy interferes with your capacity to work so much that there are no jobs you can do, considering your prior job experience, your education, and your age.
If you don’t automatically qualify for disability benefits under the SSA’s official listing for epilepsy, above (say you have had grand mal seizures twice a year or complex-partial seizures once a month), as the next part of the disability determination process, the SSA is required to consider the effect of your seizures on your daily activities and restrictions that affect your ability to work. The SSA will then determine whether there is any kind of work you can be expected to do.
If you’ve had at least one grand mal seizure or quite a few dyscognitive seizures in the last year, the SSA will give you a residual functional capacity (RFC) that will list any restrictions your doctor has placed on you as a result of your seizure disorder, such as:
Of course, there are many jobs that don’t require you to drive, work around hazardous machinery, etc., but if you’ve always done work that includes one of these activities, you could be approved for disability benefits if you're older than 55 and have little education and transferable skills.
The SSA will look at your education level, age, and experience to determine if there’s any kind of work you can be expected to do give your restrictions. If you have other physical or mental impairments that further limit your ability to work, such as cerebral palsy, low IQ, depression, anxiety, or ADHD or ADD, these may further limit the type of work you can do, making it more likely that you could get disability benefits because of reduced functional capacity.
After you file an application for Social Security disability, your claims examiner will request your medical records from your treating doctor. Your records need to include:
If you have not been taking the medication your doctor has prescribed for you, your medical record should state why; for instance, because you can’t afford the medication. If you can’t afford the medicine, the SSA will not deny you benefits for failing to follow the prescribed treatment, unless the SSA finds a free source of medication for you.
If you haven’t had the levels of anticonvulsant drugs in your blood tested recently, the SSA will request this (to acquire objective evidence that you have been taking your medication). Likewise, if you don’t have an EEG on file, the SSA will request one, although a normal EEG does not rule our epilepsy, since an EEG may be normal in between seizures.
To set up an appointment to submit an application for SSI or SSDI through your local SSA office, call the SSA at 800-772-1213. After you submit all the necessary medical and financial information to the SSA, a claims examiner will request your medical records, review them with a medical consultant, and make a decision on whether to approve disability benefits for your epilepsy. It will likely take three to six months for the SSA to determine whether you are eligible for disability benefits.
If you need to apply for SSI for a child with epilepsy, the rules are different; see our article on how children with epilepsy can qualify for SSI.
]]>There are several types of cerebral palsy:
Adults with cerebral palsy may be eligible for Social Security Disability Insurance (SSDI, which is only for those who paid taxes into the Social Security system, or in some cases for those whose spouses paid into the system) or Supplemental Security Income (SSI, which is for low-income people). To qualify, an adult’s cerebral palsy has to seriously limit activities like walking or talking. The SSA details, in an official disability listing, how significant the impairments caused by cerebral palsy must be for it to qualify as a disability that prevents an adult from working.
If your cerebral palsy does not meet the SSA’s official listing for cerebral palsy, you still might be able to get disability benefits based on a medical-vocational allowance if you can show that your cerebral palsy reduces your capacity to work so much that there are no jobs you can do, considering your education, your prior job experience, and your age (more on this below).
While many adults who get disability benefits qualified as children for SSI under cerebral palsy, it is not unusual for an adult with cerebral palsy to be applying for disability benefits for the first time.
The SSA sets out what’s required to automatically be granted disability benefits for cerebral palsy in disability listing 11.07. You must have a diagnosis of cerebral palsy plus a detailed description from your doctor of one of the following:
If you have significant difficulty communicating with others because you are hard of hearing, have a significant speech impairment or impediment, or have poor eyesight or vision problems, you may be able to fulfill this requirement.
If you are unable to walk independently without crutches, braces, or someone else's support, you would fulfill the second requirement, even if you can move around your home without support. If you are unable to reach, push, pull, lift, carry, grasp, and/or hold onto small items, you would also fulfill the second requirement. But if you can write with a pencil or cook food and feed yourself, it’s not likely you would be considered to be unable to use your arms effectively.
If you have trouble understanding, remembering, or applying information, the SSA will look for the results of an IQ test in your medical record. If you don't have IQ test results, the SSA may arrange for an IQ test. If you have emotional or social problems such as destructiveness or emotional instability, Social Security may send you to a mental status examination, performed by a psychiatrist or psychologist, unless you have already seen a psychologist or psychiatrist and there are adequate psychological records in your medical files.
If you don’t automatically qualify for disability benefits under the above listing for cerebral palsy, the SSA is required to consider the effect of your impairments on your capacity to perform routine daily activities and work. For more information, see Nolo's article on getting disability for cerebral palsy on a medical-vocational allowance.
Call the SSA at 800-772-1213 to set up an appointment to submit an application for SSI or SSDI through your local SSA office. After you submit all the necessary medical and financial information to the SSA, a claims examiner will request your medical records, review them with a medical consultant, and make a decision on whether you are entitled to disability benefits. It can take three to six months for the SSA to determine whether you are eligible for disability benefits.
If you need to apply for SSI for a child with cerebral palsy, the rules are different; see our article on how children with cerebral palsy can qualify for disability benefits.
The SSA grants immediate disability benefits to those who are likely to be found medically eligible for benefits. If you have been diagnosed with cerebral palsy and have severe difficulty speaking, coordinating hand and arm movements, or walking without braces, you probably qualify for these “presumptive disability” benefits. For more information, see our article on presumptive disability payments for cerebral palsy and other illnesses.
]]>A migraine is a neurological condition marked by intense headaches sometimes accompanied by nausea, vomiting, and perceptual disturbances known as aura. An aura may proceed a migraine headache by several minutes or even hours, and it often manifests itself visually, as a set of zigzag lines or bright spots. Tunnel vision and blind spots are also typical, as are photophobia and phonophobia (light and sound intolerance). The pain associated with a migraine can be debilitating; many people are left with little choice but to lie down in a dark room and wait for the headache to pass.
Physicians base a migraine diagnosis primarily on reported symptoms and medical history. Although migraines do not appear on x-rays or MRIs, objective testing may be useful in ruling out other possible causes of headache, such as multiple sclerosis or fibromuscular dysplasia.
Many doctors suggest keeping a headache diary and recording detailed information about your headaches, including the following:
You should be able to obtain a headache diary from your physician or even construct a simple one yourself. Keeping a journal will assist your doctor in making an accurate diagnosis. It will also improve your Social Security disability case by documenting to the extent possible the frequency and intensity of your migraines.
If you have several migraines per month, your doctor may prescribe beta blockers, antidepressants, or anti-seizure drugs to try to reduce the occurrence of headaches. Medications known as triptans are used to alleviate migraine symptoms, but won't prevent migraines. Imitrex (sumatriptan) might be the best-known example.
One way to tell a migraine headache from an ordinary one is to see whether a triptan medication provides relief. Because triptans are not ordinary pain relievers but are specifically designed to treat migraines, a headache effectively treated with a triptan is likely a migraine. The reverse is not the case: headaches unrelieved by triptans may still be migraines.
SSA's "Blue Book" Listing of Impairments contains hundreds of medical conditions that will automatically medically qualify a person for disability benefits. There is no listing specifically for migraines in Social Security's Blue Book, so a person who suffers only from migraines will not meet a listing. However, migraine headache sufferers may "equal" a listing if it can be shown that their symptoms are of equal severity to a listing for a similar condition.
Because the latest medical research places migraines on the seizure spectrum, it's possible that someone with chronic migraines could equal the listings epilepsy. Merely having occasional migraines won't equal the listing. Migraines must occur at least twice a week, despite treatment, and impair mental functioning for several hours at a time. While it's quite difficult to equal the epilepsy (or any other) listing with migraines, your chances will be improved if your doctor provides an opinion that the limitations caused by your migraines are as severe as the limitations specified in the epilepsy listings. (See Nolo's article on the disability listings for epilepsy.)
Even if your condition doesn't meet or equal a listing, you may still be approved for disability benefits through a "medical-vocational allowance." This is, in fact, the most common path to receiving disability benefits. In determining whether you qualify, Social Security takes into account your age, educational level, employment history, and Residual Functional Capacity (RFC) to decide whether there are jobs that exist in the U.S. that you can perform.
Your RFC is the most you can do in spite of all your impairments. One or more of the following limitations might be found in the RFC of a person with persistent migraines.
Ask your doctor to provide a written opinion as to whether you experience any or all of the above limitations. Better yet, ask your doctor to fill out a Residual Functional Capacity form. In addition to opinion evidence from the doctor who regularly treats you, Social Security will expect to see your doctor's notes regarding the frequency and severity of your headaches, the results of attempted treatments, and records from any related visits to the hospital. The more you can document your migraines, the better your chances with Social Security.
]]>If you’ve been diagnosed with a neurological disorder, and your condition prevents you from working, you may be eligible for Social Security disability benefits. To be approved for disability benefits, the Social Security Administration (SSA) will need to determine that you’re unable of doing any type of work on a regular basis.
One way that this is determined is based on a list of conditions referred to as the “listing of impairments.” For the conditions on this list, the SSA provides specific criteria, which, if met, qualify the applicant as disabled. Listing number 11.00 is reserved for neurological impairments.
The following conditions are included under listing 11.00:
However, just having a diagnosis that appears on this list doesn’t mean that you automatically qualify for Social Security disability benefits. Each condition has its own set of criteria that must be met in order to be granted benefits under that listing. Although the exact standards vary depending on the nature and symptoms of the specific condition, in general, your disability must be severe enough to prevent you from performing basic work-related activities on a regular basis.
If you suffer from a neurological condition that’s not included on the listing of impairments, or your condition is listed but you don’t meet the criteria to qualify under the listing, you may still be able to receive disability benefits.
The SSA is generally more concerned with your abilities, versus your specific diagnosis. To determine what your abilities are, the SSA will assign you a “Residual Functional Capacity (RFC).” Your physical RFC is the heaviest type of work that the SSA feels you are capable of performing, and could range from sedentary to heavy. Your mental RFC indicates the level of impairment you have in several different areas – for example, whether you can work in a fast-paced environment, or how long you can pay attention.
The SSA will then use this information to decide whether or not there is any work that you could do. In deciding, the agency will also consider your age, education level, and the type(s) of work you’ve done previously. Overall, those who are older (in particular older than age 50), have less education, and have performed unskilled work are more likely to get approved for disability based on their RFC.
If you have both physical and mental impairments, you’ll be given a separate RFC for each category. If you suffer from more than one physical or mental condition that negatively affects your ability to work, the SSA will consider their combined effects.
Your medical file should include things like a complete medical history, neurological examination findings, results of electrophysiological, neuroimaging, and other tests, a list of previous and current medications and treatments, and your doctor's opinion on what you can and cannot do.
You can apply for Social Security disability either at your local SSA office, by calling the SSA at 800-772-1213, or online at www.ssa.gov (for SSDI only). Once your application is complete, it will be sent to a claims examiner, who will obtain copies of your medical records from your doctors and other healthcare providers. They may also send you reports to complete, ask you to go to a medical exam (at the SSA's cost) or even interview your family members and friends. Once your file is complete, the claims examiner will, along with a medical expert, make a determination on your eligibility for disability benefits. Some Social Security applicants receive a decision 4-5 months after applying, but sometimes, it takes much longer.
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