February 15, 2010

Arthritis and your Social Security Disability Appeal


x-ray_of_hand.JPGAre you a Social Security disability claimant suffering from arthritis and have been denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits? Is your disabling condition preventing you from working but you’ve received an unfavorable decision from the Social Security Administration (SSA) regarding your disability claim? 
Indiana disability claimants with arthritis often ask how they can win their disability claim after they have been denied.

It’s important to understand how to get approved for Social Security disability benefits.  In all Social Security disability claims, the SSA will review the claimant’s claim by using their 5 step sequential process.  In summary, these five steps include:

  1. Is the claimant working?
  2. Is the disability severe?
  3. Is the claimants disability or condition in the SSA’s listing of qualifying impairments?
  4. Is the claimant able to do work that they previously performed?
  5. Is the claimant able to perform any other type of work?

If you are a claimant with severe arthritis who is unable to work, you may qualify for SSDI or SSI benefits.  Arthritis is one of the leading disabilities for benefits.  Arthritis is included in the SSA’s Listing of Impairments, Section 1.00, Musculoskeletal Disorder.  Some categories of this section include Inflammatory Arthritiis and Degenerative Arthritis. 

A claimant with Inflammatory Arthriits (such as Rheumatoid Arthritis) should experience persistent swelling, pain and limitations to the joints to qualify for Social Security disability benefits.  The limitations to the joints may include limitations to:

  • hips;
  • shoulders;
  • knees;
  • elbows;
  • ankles;
  • wrists; or
  • hands.

A claimant with Degenerative Arthritis (such as Osteoarthritis) should safisfy the SSA’s requirement if they are experiencing limitations with their arms and hands or if they have significant issues with walking or standing.  Individuals with neck or back problems due to their Degenerative Arthritis must have persistent sensory, motor & reflex loss in order to qualify for disability benefits.

It should be kept in mind that even though a claimant doesn’t necessarily meet the criteria of the Listing of Impairments, that he/she may still qualify for disability benefits.  Indianapolis Social Security disability lawyer, Scott D. Lewis, can discuss your disability claim with you at (317) 423-8888.  Call Scott for your free consultation.

 

 

Filed under:Qualifying Disabilities and Impairments
Author: