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.
Parkinson’s Disease (“PD”) is a neurodegenerative brain disorder that progresses slowly in most people, and is typically treated by a neurologist. Therefore, when applying for SSD benefits based upon PD, the best type of evidence would be an opinion from a neurologist that the claimant meets the criteria under the 11.06 listing for Parkinsonian Syndrome.
I represent a 46 year old former publisher whose SSD application was approved yesterday, just two months after I submitted the application, and two weeks after I submitted a narrative report from his neurologist explaining why the 11.06 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.
Monday, April 5, 2010
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