Thursday, November 26, 2009

Multiple Sclerosis

The best type of evidence for a Social Security Disability (“SSD”) claim is evidence that shows the claimant meets a “listed impairment.” If the criteria of a “listing” are met the applicant is presumed to be disabled, and no further medical or vocational development is required to approve SSD benefits.

Multiple Sclerosis (“MS”) is typically treated by a neurologist. Therefore, when applying for SSD benefits based upon MS, the best type of evidence would be an opinion from a neurologist that the claimant meets the criteria under the 11.09 listing for MS.

I represent a 53 year old former secretary and bookkeeper for her husband’s business whose SSD application was approved yesterday, just one month after I submitted a narrative report from her neurologist explaining why the 11.09 criteria were met. The claimant was not even asked to be examined by a Social Security doctor.

The rapid approval was undoubtedly due to the listing opinion from the neurologist. The first thing I always do when analyzing a claim is to determine whether the claimant’s condition can meet or equal a listing, and then securing the necessary records and reports from the treating doctor. If a hearing has already been scheduled, showing that a claimant meets a listing is important because it makes it significantly more difficult for an Administrative Law Judge to deny the claim, or for the denial to be sustained on appeal.

1 comment:

Lisa said...

In 2006, Laura Lawes was diagnosed with Multiple Scelrosis and given a life expectancy of one year. Three years later, she was not only living strong, but she gave birth to her first son. It was called "a miracle birth". These miracles are possible today, because of the work organizations, such as yourself, have done. Here, at (a website dedicated to disease preventions and treatments) we are inspired by stories such as this, and would like to join you in fighting this cause. If you could, please list us as a resource or host our social book mark button, it would be much appreciated. Lets create more of these miracles; together.If you want more information on that please email me back with the subject line as your URL.