News & Articles

Spinal Conditions Added To Social Security listings

“Medical equivalence” and the effects of treatment and obesity may also result in Social Security disability. Two added spinal disorders were among the changes to the Social Security musculoskeletal disability “Listings” which became effective February 2002. Arachnoiditis and pseudoclaudication, as defined and discussed in the Listings at 20 Code of Federal Regulations (CFR), Part 404, […]

Social Security Disability Lawyer Articles

Medical Basis & Credibility In Disabling Symptom Claims: Drug Side-Effects May Also Be Disabling

In recent issues, we have presented a series of articles setting out the specific medical criteria used to determine whether Social Security claimants with specific afflictions are disabled as a matter of law. What if your patient’s condition does not meet or equal the criteria of any of the Listings, but he or she simply […]

Social Security Disability Lawyer Articles

Disability Not Correlated To Severity Of Liver Disease In Hepatitis C Patients

Fatigue and pain can be disabling. Many Hepatitis C patients seek Social Security disability benefits claiming fatigue and pain of disabling severity. Since fatigue and pain are largely subjective and generally not measurable by objective medical tests, this presents a challenge for those evaluating these claims – and for us as their legal representatives. Not […]

Social Security Disability Lawyer Articles

Is Your Diabetic Patient Disabled?

Persons who have been diagnosed with diabetes mellitus are considered disabled and entitled to Social Security disability benefits if they meet or equal. certain criteria in the “Listings.” A diabetic may be “disabled” as a matter of law, if he/she has any one of four conditions resulting from diabetes: Neuropathy which is demonstrated by significant […]

Social Security Disability Lawyer Articles

Soft Tissue Injuries To Extremities Calling For Multiple Surgeries May Be Disabling

“Soft tissue injuries of an upper or lower extremity requiring a series of staged surgical procedures within 12 months after onset” are included among the disorders of the musculoskeletal system which are “disabling” as a matter of law under the Social Security Administration “Listings.” A patient with a soft tissue injury which interferes with the […]

Social Security Disability Lawyer Articles

Is The Combined Effect Of Your Patient’s Multiple Conditions Disabling?

If your patient has applied for Social Security disability and is being treated for more than one condition, consider and address in your chart notes the combined impairing effect of all conditions. This includes both physical and mental conditions. For example, your patient may suffer from a chronic pain syndrome related to a vertebrogenic disorder. […]

Social Security Disability Lawyer Articles

SSA Deletes Obesity Listing However, It Is Still An Impairment Which Must Be Considered

The Social Security Administration (SSA) deleted “Obesity” (“Listing 9.09”) from the Listings of medically disabling conditions, effective October 25, 1999. However, the SSA has added language to the Listings for musculoskeletal, respiratory and cardiovascular impairments stating that obesity is a “medically determinable impairment.” As such, the impairing effects of a claimant’s obesity must be considered […]

Social Security Disability Lawyer Articles

Social Security Ruling Sets Standards For Finding Chronic Fatigue Syndrome Disabling

In Volume I I of this JOURNAL, we published an article based on a memorandum from Social Security Deputy Commissioner, Susan M. Daniels, Ph.D., on Social Security Administration (SSA) policies for evaluating whether chronic fatigue syndrome (CFS) is disabling. The memo, dated May 11, 1998, was in response to a memo from an administrative law […]

Social Security Disability Lawyer Articles

How Are Fibromyalgia and Chronic Fatigue Syndrome Proved Disabling In Social Security Cases?

“Fibromyalgia, Chronic Fatigue Syndrome, and Objective Medical Evidence Requirements …”was the subject of a memorandum from Social Security Deputy Commissioner, Susan M. Daniels, Ph. D., (“the Deputy Commissioner”) to a Social Security administrative law judge (ALJ) in May 1998. This memo has been widely circulated. The memo was in response to memoranda from the ALJ […]

Social Security Disability Lawyer Articles

Is Your Patient With Aching Joints Disabled Under The Social Security Listings?

This is the third in a series detailing how the Social Security “Listings” define certain types of disabling conditions. If your patient’s symptoms match or are equivalent to the criteria in the Listings, then your patient is “disabled” under Social Security law. Under the Listings for the musculoskeletal system, there are three categories of arthritic […]

Social Security Disability Lawyer Articles

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