Indiana Social Security Disability Attorney Blog

According to the National Institutes of Health, dermatitis is a general term that describes an inflammation of the skin. Under this large umbrella there are different types of dermatitis, including seborrheic dermatitis and atopic dermatitis (eczema). Although the disorder can have many causes and occur in many forms, it usually involves swollen, reddened and itchy skin.

Each type of dermatitis has distinct signs and symptoms. Common signs and symptoms include: redness, swelling, itching and skin lesions. The Social Security Administration lists dermatitis among the skin disorders that may result from hereditary, congenital, or acquired pathological processes which can be covered under Social Security Disability. Specific forms of dermatitis mentioned by the Administration include psoriasis, dyshidrosis, atopic dermatitis, exfoliative dermatitis and allergic contact dermatitis.

Many factors are considered when deciding whether to approve coverage for the disorder. A full evaluation requires information regarding the onset, duration, frequency of flare-ups, and prognosis of your skin disorder; the location, size, and appearance of lesions. Depending on the specific variety of skin disorder, a history of exposure to toxins, allergens, or irritants, familial incidence, seasonal variation, stress factors, and your ability to function outside of a highly protective environment may be considered.

Many of you have heard of the term “legally blind.” While you may know vaguely that it involves severe impediments to vision, most probably do not know what actually qualifies. The reason it is called “legally blind” is because there is a statutory definition of what qualifies a person as such. And, like many other disabilities, a diagnosis of legal, a.k.a. statutory, blindness will cause a person to be eligible for disability payments.

Legal blindness is defined in two sections of the Social Security Act: § 216(i)(B) (codified at 42 U.S.C. § 416(i)(B)) and § 1614(a)(2) (codified at 42 U.S.C. § 1382c(a)(2)). Both sections of the Act define “blindness” as:

central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of this paragraph as having a central visual acuity of 20/200 or less. (emphasis added)

If you have filed a claim with the Social Security Administration and it was denied, there are a few options for how to move forward which is why it’s critical that you be familiar with the appeals process.

If you do not agree with the Administration’s decision it’s important to remember that you can appeal, or ask the Administration to review your case again. As with everything related to the federal government there is a specific process to follow. If you want the Administration to review your case on appeal, you have to make a written request for an appeal within 60 days of receiving the Administration’s official letter denying your claim.

There are four levels of the Social Security appellate process. First is reconsideration, which involves a review of your case by someone who did not take part in the first review. New evidence will be admitted in the reconsideration phase in addition to all evidence that was part of the first round decision. It is not necessary that you be present during the reconsideration.

According to the National Institutes of Health, 20,000-30,000 adults are afflicted with amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease (named after its most famous sufferer). The disease is described as “rapidly progressive, invariably fatal neurological disease.” Usually sufferers of the disease will succumb within 3 to 5 years of diagnosis, though 10% of those afflicted have survived up to ten years. Most diagnoses occur in patients between the ages of 40 and 60, and men tend to suffer from the disease more than women.

For people with a properly functional nervous system, voluntary movements are caused by the motor neurons of the brain relaying signals to the motor neurons of the spinal cord, which in turn relay the signals to the muscles. In sufferers of ALS, these motor neurons rapidly degenerate and die, essentially cutting off the part of the brain that controls voluntary movement from the rest of the body. If a person’s muscles do not receive the signals to move or perform other actions from the brain, they degenerate, or atrophy, from lack of use. Typically, the earliest symptoms of ALS include twitching or stiffness of muscles, random muscle weakness in the arms and legs, and slurred speech.

Eventually, those afflicted with the disease lose all strength in their muscles, therefore losing the ability to voluntarily move their extremities. Once the neurons connecting the brain to the diaphragm (the muscle beneath the lungs that controls breathing) degenerate, the sufferer will be required to go on a ventilator. Most deaths from ALS occur due to respiratory failure.

Section 4.00 lists several cardiovascular ailments that could potentially qualify a person for disability. There are number of tests used to make such a determination. One such test that the Social Security Administration explains thoroughly is the exercise test.

Exercise tests are for the most part exactly what they sound like. They involve using machines commonly found in the local gym, such as treadmills and exercise bicycles, to measure how the cardiovascular system responds to physical activity. Such tests can tell doctors about both the severity of preexisting cardiovascular disease or allow these same doctors to measure recovery after a cardiac event such as a myocardial infarction (heart attack). The SSA requires that all exercise tests that it purchases follow acceptable protocols.

One type of exercise test is the exercise tolerance test (ETT), which is used to determine whether a claimant qualifies for disability by virtue of having ischemic heart disease or chronic heart failure. Ischemic heart disease is when normal blood flow to the heart is inhibited due to one or more coronary arteries becoming constricted. When heart muscle tissue dies due to this impaired blood flow, the result is a heart attack. Chronic heart failure is when the heart is unable to provide the other body tissues with a sufficient amount of oxygenated blood. The SSA requires that all exercise tolerance tests have specifically documented parameters and be paced to the patient’s capabilities.

The Social Security Administration (SSA) has a broad category of mental impairments called “Organic Mental Disorders.” What makes “organic” mental disorders different from the Affective Disorders and Anxiety Disorders that have been discussed earlier on this blog?

“Organic Medical Disorders” as described in Listing 12.02 are “psychological or behavioral abnormalities associated with a dysfunction in the brain.” Specifically, they are mental ailments that can be traced to something amiss in the brain, detectable in laboratory tests such as MRIs. This is in contrast with “psychiatric disorders” which are diagnosed behaviorally. While the term “organic mental disorder” and its various permutations are virtually obsolete in the practice of psychiatry (including being removed from the DSM-IV), the SSA still uses the term when describing the category.

To prove that that one’s organic medical disorder is severe enough to merit disability, an applicant must demonstrate that certain requirements are present. List A the many ways the loss of “specific cognitive abilities” or “affective changes” characteristic of an organic mental disorder can manifest. They are:

Section 14 of the Social Security Disability listings describe diseases of the immune system. The SSA organizes Immune System Disorders into three categories: autoimmune disorders, immune deficiency disorders that are not HIV, and HIV. An autoimmune disorder occurs when the body literally starts attacking itself. The immune system mistakes healthy tissues for hostile, rendering multiple body systems impaired. One of the most common autoimmune disorders is systemic lupus erythematosus (SLE), also known as “lupus.”

SLE primarily strikes people between the ages of ten and fifty. Women are ten times more likely to be affected than men. African Americans and Asians are afflicted more often than those of other races.

SLE can affect any organ or body system. It is a chronic inflammatory disease that’s accompanied by constitutional symptoms such as severe fatigue, fever, malaise, and involuntary weight loss. Some sufferers of lupus develop severe chronic arthritis and extreme photosensitivity. Other complications resulting from SLE potentially include blood clots, anemia, fluid around the heart or lungs, and fluctuating cognition a.k.a. the “lupus fog.” The American College of Rheumatology lists eleven criteria—symptoms that commonly manifest in those with SLE. Having at least four of the eleven problems with no other explanation will often lead to a diagnosis of SLE. The SSA specifically cites the College’s criteria as a guide to proper diagnosis and documentation of SLE.

It’s estimated that three million Americans suffer from anemia. That number is expected to increase as the population continues to age—almost 10% of people over sixty-five have some form of the disease.

Red blood cells are rich in a substance called hemoglobin, a protein that carries oxygen molecules to all other cells. In adults, hemoglobin-rich red blood cells comprise 35%-52% of a person’s blood; this percentage is known as the hematocrit level. Normal variations in the hematocrit level depend largely on factors such as gender and physical fitness. Anemia occurs when a person’s hematocrit levels drop too low, indicating that the red blood cells are not properly transporting oxygen to other parts of the body.

The American Society of Hematology traces anemia to two basic causes: anemia resulting from a too low amount of red blood cells and anemia resulting from red blood cells that do not function properly. Social Security has a section (Hematological Disorders, Section 7.00) that addresses both forms.

Many people do not know that obesity is not a listed impairment under the Social Security Regulations. At one time, weight and height were considered in combination to be a reason for disability. However, on August 24, 1999, obesity was deleted from listing 9.09.

Now, SSR02-1p sets out how obesity must still be addressed within the listings. SSA recognizes that obesity has potential affects in causing or contributing to impairments in the respiratory system.

Even though obesity was deleted from the listings, SSA recognizes that obesity is a medically determinable impairment that is often associated with disturbance of the respiratory system, and disturbance of this system can be a major cause of disability in individuals with obesity. The combined effects of obesity with respiratory impairments can be greater than the effects of each of the impairments considered separately. Therefore, those deciding whether disability should be granted must consider any additional and cumulative effects of obesity.

The Social Security Administration recently announced that monthly Social Security and Supplemental Security Income (SSI) benefits for more than 60 million Americans will increase 3.6 percent in 2012.

The 3.6 percent cost-of-living adjustment (COLA) will begin with benefits that nearly 55 million Social Security beneficiaries receive in January 2012. Increased payments to more than 8 million SSI beneficiaries will begin on December 30, 2011.

This increase is based on a cost of living adjustment or COLA. The specific formula for a COLA adjustment is based on the Consumer Price Index for Urban Wage Earners and Clerical Workers. The last COLA to effect Social Security benefits was in 2008.