Lupus is an autoimmune condition in which the immune system mistakenly attacks the person’s own internal organs and tissues. You can get Social Security Disability (SSD) benefits for lupus if the condition prevents you from working.
Those diagnosed with lupus may experience symptoms affecting their heart, skin, joints, kidneys, and respiratory system. Living with this disorder can be extremely challenging, impacting your daily life and ability to earn a living wage.
If you’re asking, “How does lupus qualify for disability?” you’re not alone. At Drozdowski & Rabin, PLLC, we’re here to help you understand the processes behind filing a Social Security Disability claim for lupus. Contact our law firm today to schedule a free case evaluation.
Is Lupus a Disability According to the SSA?
The Social Security Administration (SSA) recognizes systemic lupus erythematosus (SLE) as a qualifying condition for SSD. However, having a lupus diagnosis alone isn’t enough to automatically qualify for disability benefits. You’ll have to meet specific criteria set by the SSA before you can receive payment.
How To Qualify for SSD With Lupus
Blue Book Criteria for SLE
The SSA uses the Blue Book to evaluate disability claims. It’s a list of qualifying impairments and their associated medical criteria. Under immune system disorders (section 14.00), subsection 14.02 is for systemic lupus erythematosus.
To qualify for disability benefits with lupus, you must meet the following criteria:
- You have at least two body systems or organs affected by lupus, with:
- One of the organs or systems affected to a moderate degree of severity; and
- At least two constitutional signs or symptoms, such as severe fatigue, fever, malaise, or involuntary weight loss
OR
- You experience repeated manifestations of lupus with two or more constitutional signs or symptoms, AND a marked limitation of one of the following:
- Activities of daily living
- Maintaining social functioning
- Completing tasks in a timely manner due to problems maintaining pace, concentration, or persistence
What If My Disability Doesn’t Meet the Blue Book Listing?
If your lupus symptoms don’t exactly match the criteria in the Blue Book, don’t lose hope. You may still qualify for disability benefits by applying for a Medical-Vocational Allowance. Here’s what you need to know:
- Residual Functional Capacity (RFC) Assessment: The SSA will evaluate your ability to perform work-related tasks and activities despite your limitations.
- Considering All Your Conditions: The SSA will consider how all your medical conditions combined affect your ability to work.
- Past Work Evaluation: The SSA will assess whether you can perform any past relevant work given your current limitations.
- Other Considerations: The SSA will consider your age, education, work experience, and RFC when looking at other job prospects.
Many people who don’t meet a specific Blue Book listing still qualify for disability benefits. At Drozdowski & Rabin, PLLC, we have extensive experience in helping clients prove their disability. Even if your illness doesn’t tick every box, we can help you gather the right evidence to present a strong case for your claim.
General SSA Qualifying Criteria
To be eligible for disability benefits, you must meet the SSA’s general qualifying criteria, as well. These criteria differ slightly depending on whether you’re applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
Social Security Disability Insurance
- You must have worked and paid into Social Security (thereby earning work credits to qualify for SSDI).
- You must be unable to perform any past relevant work or adjust to other work because of your condition.
Supplemental Security Income
- You must have limited income and resources. (The SSA sets specific income limits that change yearly.)
- You must be disabled, blind, or 65 or older.
Whether filing for SSDI or SSI disability for lupus, your condition must prevent you from performing Substantial Gainful Activity (SGA). Your condition must also be expected to last at least 12 months or result in death.
Living With Lupus: Challenges and Symptoms
Lupus is a lifelong immune system disorder that causes inflammation and can affect many body systems. This condition can easily become debilitating and impact a person’s work capabilities. Some common symptoms of lupus include:
- Extreme fatigue
- Fever
- Malaise
- Joint pain and swelling (can be symptoms of inflammatory arthritis)
- Skin rashes (including the butterfly rash which spreads across the face)
- Skin lesions
- Hair loss
- Sensitivity to sunlight
- Cognitive issues (such as “lupus fog“)
- Anemia
- Chest pain
- Blood clotting problems
Currently, there is no cure for lupus. Various medications can assist in managing the symptoms of this condition. However, many of these treatments can lead to significant side effects, which may also be debilitating.
How Long Does It Take To Get Disability for Lupus?
It can take about 6-8 months to receive an initial determination for disability benefits. However, the timeline can vary depending on things like:
- The nature of your disability
- How quickly the SSA can get necessary medical evidence from doctors or other medical sources
- The need for additional medical exams (requested by the SSA)
- Whether the SSA has to review your application for quality purposes
Trust Our Attorneys To Help You File Your Disability Claim
Proving your disability claim can be challenging. The SSA denies most initial claims, often due to lack of proper documentation or failure to demonstrate disability severity. That’s where we come in.
At Drozdowski & Rabin, PLLC, we understand the SSA’s strict qualifying criteria. We can help ensure your application presents a clear and compelling case for your right to benefits.
With 100 years of combined legal experience, our team understands the intricacies of Social Security Disability law. We treat each case with the respect it deserves, ensuring your unique situation is fully understood and represented.
Don’t let the complexity of the disability application process discourage you. We’ll guide you through every step whether you’re applying with lupus for SSDI or SSI. Contact our disability lawyers for a free consultation. Let us help you secure the benefits you deserve!
