What Kinds of Disability Cases Typically Get Approved?

Our law firm carries out a variety of kinds of disability cases.  The following are a few common case areas and how we approach them:

Mental Health Cases – Mental illness can happen to an individual of any age or background.  We have found that many Judges approve cases involving long-term, severe depression, schizophrenia, bipolar syndrome and other mental illnesses.  One way to win this kind of case is to show long-term treatment; counseling with the County Health Department, for example. In addition, psychiatric hospitalizations and suicide attempts are viewed as concrete evidence of a “significant” health problem. Social Security normally refers the claimant to an independent psychologist for a consultative analysis. Psychologists, like Social Security Judges, view ongoing treatment as evidence of a long-term problem.

Back pain cases - Judges want to see objective evidence of back pain.  For example, if you claim to have disabling back pain as a result of a herniated disc, then the Judge wants to see MRI evidence of a disc herniation.  Please note: I have found that chiropractic treatment is typically given little weight. In addition to concrete medical evidence of back pain, Judges also like to see evidence that a claimant has tried to work despite his/her back pain. So in addition to medical evidence, we try to obtain employment records and/or statements from former co-workers or managers which highlight your failed work attempts.

Diabetes - In order to win a case on diabetes, you must be able to show severe complications resulting from your diabetes; for example, impaired vision, organ damage (such as kidney or liver damage) or peripheral neuropathy (i.e. foot and hand numbness), to name a few. I look for clients who have suffered with diabetes for several years and who have been unsuccessful in controlling their blood sugar even with regular medical treatment.

Arthritis – One of the most common forms of arthritis is osteoarthritis. To win an osteoarthritis case, I look for clients with significant deformity in their hands, feet, knees or spine and regular medical treatment. Rheumatoid arthritis cases are normally very strong cases because it is considered to be a severe form of arthritis.

HIV/A.I.D.S. – HIV cases are normally granted when lab reports show very low T-cell levels. Most judges will grant benefits to an HIV patient even if the lab reports do not show full-blown A.I.D.S.  HIV cases involve depression, which often provides another reason for disability and theory for recovery.  Regular treatment along with a supportive treating doctor is helpful.

Intestinal, stomach, liver and kidney diseases – Internal organ diseases normally produce significant work activity limitations. A person with irritable bowel syndrome will not be able to maintain employment because of absences or excessive unscheduled breaks during work hours. For this type of case, a claimant should provide a record of regular medical treatment and written support from a medical doctor.

Neuromuscular Disease cases – over the years I have had a great deal of success representing claimants with neuromuscular diseases such as multiple sclerosis, ALS, post-polio syndrome, peripheral neuropathy, Parkinsonian syndrome, and pernicious anemia.  Social Security’s listing for neurological conditions is its most extensive listing meaning that SSA recognizes that these diseases can result in significant impairments to work.