Case Strategy - Diabetes

Case Strategy for Disability Claims Based on Diabetes

Many Georgia Social Security disability claimants include diabetes and diabetic complications as part of their claim for SSDI or SSI benefits.   In some cases, diabetes serves as the basis for a disability claim, although more frequently, diabetes and associated complications such as neuropathy and retinopathy may be one of several medical conditions that, when taken together, leave a claimant unable to perform competitive work.

When you file your disability claim, you should enter into the process with a clear understanding about what you are trying to prove.  In most cases the standard is this:

if a simple, one or two step, unskilled job that you could perform sitting down but with a sit-stand option was made available to you, could you perform that job 8 hours a day, 5 days a week?

  • it does not matter that you might not like such a job
  • it does not matter that you could not make enough money to support yourself with such a job
  • it does not matter that you don’t have a car or transportation to such a job
  • it only matters whether you could perform this type of easy, unskilled job on a reliable basis

If you are over age 50, with a physical impairment and you have a limited education, the rules are slightly easier, but the issue in disability cases remains - can you perform simple work in a reliable fashion and does your doctor support you?

In a case involving diabetes, your job reliability may be compromised by:

  • trouble seeing (i.e. diabetic retinopathy) - meaning that jobs involving reading, small parts, hazardous machinery could be eliminated from consideration
  • loss of feeling in your hands (i.e. diabetic neuropathy) - meaning that jobs involving fine motor manipulation, gripping, and regular use of the hands could be eliminated
  • loss of feeling in your feet (i.e. diabetic neuropathy) - meaning that jobs involving climbing, walking and carrying, driving, ladders, ropes, scaffolds could be eliminated
  • lack of stamina or energy level - due to fluctuations in blood sugar
  • a need to use the restroom to urinate frequently - this could result in frequent, unscheduled restroom breaks
  • organ damage to the kidneys, liver and heart

As you can see each of the diabetic complications noted above create work performance issues.  And since Social Security disability primarily focuses on work performance capability, diabetes can support a finding of disability.  You can help your case by reporting these complications to your doctor and keeping notes as to how often you experience these complications along with the associated level of severity

Winning Disability Arguments for Disability

There are three (3) arguments I use to win disability cases involving diabetes.  In some cases, only one argument is applicable, while in others, all three may apply.   Together, you and I will discuss the strengths and weaknesses of your case and arrive at the strongest argument for your case and for the judge that will be hearing your claim.

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