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PHONE CALL CASE EVALUATION

Can You Get Disability for Multiple Sclerosis?

Yes, you can get Social Security Disability (SSD) benefits for multiple sclerosis (MS). The Social Security Administration (SSA) recognizes MS as a qualifying impairment under its disability listings. However, simply having an MS diagnosis isn’t enough to automatically qualify you for benefits. You must prove that your MS symptoms prevent you from working and meet specific medical criteria.

What Is Multiple Sclerosis?

Multiple sclerosis is a chronic neurological disorder that affects your brain and spinal cord (the central nervous system). In MS, the immune system attacks the protective layer surrounding the nerves, resulting in communication issues between the brain and the rest of the body. This damage can cause a wide range of physical and cognitive symptoms that can make it impossible to work.

There are four types of multiple sclerosis, including:

  • Relapsing-Remitting MS: This type has temporary relapses or flare-ups. During flare-ups, symptoms appear and are followed by periods of remission. In remission, symptoms may disappear completely or simply lessen for weeks, months, or even years at a time.
  • Secondary-Progressive MS: As time passes, Relapsing-Remitting MS can evolve into this secondary progressive stage. This type presents with gradually worsening symptoms and neurological function.
  • Primary-Progressive MS: About 10% of people with MS are diagnosed with this type. People with primary-progressive MS have symptoms that worsen over time without periods of remission and flare-ups.
  • Progression-Relapsing MS: Only about 5% of people with MS are diagnosed with this type. Progression-relapsing MS gets worse steadily over time, starting from the first symptoms.

Qualifying for Social Security Disability With MS

Understanding SSDI and SSI Benefits

The Social Security Administration offers two main types of disability benefits:

  • Social Security Disability Insurance (SSDI)
  • Supplemental Security Income (SSI)

SSDI is for disabled workers who have earned work credits throughout their life by paying into Social Security. SSI is for disabled, blind, or aged (65 and older) individuals with extremely limited income and resources.

Depending on your eligibility, you can apply with MS for either disability program.

To qualify with MS for disability benefits, you must meet qualifying medical criteria and these basic requirements that apply to all claims:

  • Your condition must prevent you from performing Substantial Gainful Activity (SGA)
  • Your disability must have lasted or be expected to last at least 12 months, or result in death
  • Your disability must satisfy medical criteria in the Blue Book for a specific impairment listing, equal an impairment listing in severity, OR you must qualify for a Medical-Vocational Allowance

Blue Book Criteria for Multiple Sclerosis

The SSA’s Blue Book is a list of medical conditions that can qualify for disability benefits. It contains detailed criteria the SSA uses to decide if a claimant’s condition is severe enough to qualify for SSD.

The SSA evaluates MS claims under Listing 11.09 in the Blue Book. You may qualify if you have:

  1. Disorganization of motor function in two of the upper and/or lower extremities, causing an extreme limitation in one of the following:
  • Ability to stand from a seated position
  • Ability to balance while standing or walking
  • Ability to use your upper extremities

OR

  1. A marked limitation in physical functioning and one of the following:
  • Understanding, remembering, or applying information
  • Engaging with others
  • Focusing, persisting, or maintaining pace
  • Adapting or managing yourself

If you have vision loss due to your MS, the SSA might evaluate your impairment under the Special Senses and Speech body system. This is section 2.00 in the Blue Book.

Living and Working With Multiple Sclerosis

MS can qualify for disability benefits if it impacts your ability to work. Considering the severity of this condition, it’s not surprising that there are a host of symptoms that could make it difficult or impossible to maintain gainful employment.

Some common disabling symptoms of MS include:

  • Severe fatigue that doesn’t improve with rest
  • Vision problems, including partial or complete blindness
  • Difficulty with balance and coordination
  • Muscle weakness or spasms
  • Problems with memory and concentration
  • Numbness or tingling in limbs
  • Chronic pain
  • Depression and anxiety

These symptoms often fluctuate, making it difficult to maintain regular attendance or complete work tasks consistently. Many people with MS have flare-ups where symptoms suddenly worsen, followed by periods of remission.

Important Evidence Needed for Your MS Disability Claim

To receive disability, you’ll need strong medical and non-medical evidence supporting your claim. The SSA looks at various types of evidence, such as:

Medical Records:

  • Detailed medical history
  • Examination findings
  • Laboratory test results
  • Imaging results
  • Treatment records showing prescribed treatments and responses to treatment

Non-Medical Evidence:

  • Statements from yourself and others about your disability and its impact on your life, such as restrictions on daily activities or work abilities
  • Symptom documentation, such as detailed records of flare-ups

Why Work With a Disability Attorney for Your MS Claim?

When you have multiple sclerosis, disability benefits can be a lifeline if you’re unable to work. With monthly payments, you can receive necessary medical care and take care of yourself and your family. However, the SSA denies most initial applications for Social Security Disability benefits. The best way to improve your chances of filing a successful claim is to work with a qualified attorney.

The Challenge of Proving Your MS Disability Claim

Getting approved for disability benefits with MS can be challenging for many reasons, such as:

  • Symptoms can come and go, making it hard to prove consistent limitations
  • The SSA’s eligibility criteria is complex and specific
  • Many initial applications are denied, even with valid claims
  • Gathering and organizing the proper evidence can be time consuming and complicated
  • The SSA’s application process includes strict guidelines that can be hard to follow

How Our Attorney Can Help

An experienced disability attorney provides comprehensive support throughout the disability application process.

When you work with Drozdowski & Rabin, PLLC, we will review your case to identify the strongest arguments for approval. We’ll also gather all necessary medical and non-medical evidence, organizing it effectively to support your claim.

We ensure all paperwork is filed correctly and meets strict deadlines while managing all communication with the SSA. Throughout the entire process, your attorney will fight for your rights and work to secure the benefits you deserve.

We will also thoroughly prepare you for any necessary hearings. If the SSA has denied your initial claim, we can walk you through the appeals process.

Contact Our Law Firm

When you’re dealing with MS symptoms, the last thing you need is the added stress of applying for disability benefits. Our attorneys understand the challenges you face and know how to present your case effectively to the SSA.

We’ll handle every aspect of your claim, from initial application to appeals if necessary. As your disability lawyer, we want you to focus on your health and well-being.

Our legal team brings 100 years of combined experience to the table. This means you can rely on our knowledge and skill to effectively represent your case. Contact us today to schedule a free consultation and we’ll help you secure disability benefits while living with multiple sclerosis. We’ll review your case, explain all your options, and help you fight for the support you need.

Are you interested in legal advice on SSD?

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