Parkinson’s Disease (“PD”) is a neurodegenerative brain
disorder. According to the Parkinson’s Foundation, about a million
Americans have PD.
The Social Security Disability (“SSD”) regulations provide that
your statements about how your pain or other symptoms effect your
ability to work will not be rejected solely because the available
objective medical evidence does not substantiate your statements. In
practice however, especially before you reach the hearing stage, SSD
benefits are rarely approved without objective evidence.
I represent a 52 year old former social worker with PD whose SSD
application was approved today. The claimant had already provided
medical records to support the opinion of the treating neurologist that
the claimant was unable to work due to PD, yet the claim had been
denied.
On appeal, we submitted the claimant’s DaT Scan, which provided
definitive objective proof that the claimant had PD. Less than a week
later, the claimant’s SSD benefits were approved.
PD is progressive and incurable
. It appears that once the DaT scan provided objective
proof of the progressive and incurable disease, there was no need to
hold a hearing.
Friday, December 22, 2017
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