Case Strategy for Disability
Claims Based on Hearing Loss
Hearing loss, according to Social Security, may be grounds for a disability finding under the law. Hearing loss is considered to be a non-exertional impairment by Social Security. A non-exertional impairment interferes with a person’s ability to understand or process information rather than the person’s ability to perform physical tasks.
People with hearing loss can make two basic arguments in order to receive benefits for their disability: a listing argument or a functional capacity argument. The first argument is that the hearing loss is severe enough to qualify for a listing. The second argument is that the hearing loss along with one or more other conditions impairs the person to the degree that he or she could not even do simple work, and therefore could not keep a job.
The Listing Argument for Disability Claims Based on Hearing Loss
One basic argument in a hearing loss disability case is that your disability meets the Social Security listing for hearing loss. The hearing loss listing reads as follows:
2.08 Hearing Impairments (hearing not restorable by a hearing aid) manifested by:
A. Average hearing threshold sensitivity for air conduction of 90 decibels or greater, and for bone conduction to corresponding maximal levels, in the better ear, determined by the simple average of hearing threshold levels at 500, 1000, and 2000hz. (see 2.00B1); or
B. Speech discrimination scores of 40 percent or less in the better ear.
This listing mentions hearing that cannot be restored by the use of a hearing aid. Unfortunately, if you cannot afford a hearing aid that according to a doctor would improve your hearing, it is very difficult to qualify for disability.
Listing 2.08 requires very specialized testing, so if you feel you may qualify, ask a doctor or audiologist to perform the 2.08 tests on you.
Even if you do qualify for the listing, some judges do not want to provide benefits based on that argument. This is particularly true if you have had a job in a non-sheltered work environment. One of the best ways to win a case when you fall under the 2.08 listing is to also argue the functional capacity argument
The Functional Capacity Argument for Disability Claims Based on Hearing Loss
The functional capacity argument relates to the loss of functional capacity. This is often used in cases where clients have severe hearing loss. One technique often used in this case is arguing that hearing loss along with one or more ailments has left the client unable to perform work in either the local or national economy.
In the past, I have argued that combinations such as severe hearing loss and adult ADHD or hearing loss and depression, prevent my client from realistically getting work. Older clients are especially likely to have this problem occur because they do not have the same kind of specialized care that many younger impaired individuals can get.
Another argument is that whole categories of jobs are eliminated for people with hearing impairments. Some of these jobs include jobs in close proximity to hazardous equipment, jobs where employees need constant verbal instruction, and jobs where the employee has to interact frequently with customers, co-workers, or supervisors. Obviously a severe hearing loss would interfere in any of these scenarios.
A residual function capacity argument is more likely to work if you can prove that there are other limitations in addition to the hearing disability that are either the result of other medical problems or medications. Here are some limitations to consider in your case. The client cannot get through the workday without many unscheduled breaks. The client misses a minimum of three days of work each month because of medical problems. Decompensation, such as an emotional breakdown, is very likely to occur at the client’s job. In addition to not getting along with co-workers or supervisors, the client would be incapable of following basic instructions. It is difficult to concentrate and the client has hallucinations, or feelings of paranoia. Just proving some of these limitations will make your case much stronger.
Arguing residual function capacity is a legal argument and many terms used are unsurprisingly legal terms. Some of these terms include “decompensation,” “poor performance,” “frequent,” “often,” etc. Because of these and other legal issues, obtaining the services of an attorney experienced in Social Security disability law is recommended.
Conclusion: You Will Need Your Audiologist’s Support
Social Security does recognize the claims of people who have severe and debilitating hearing loss. They do offer benefits to these claimants whose disabilities effect their work performance. A physician who is well versed in the Social Security Administration’s policies can help you with your claim. You should be aware that many doctors are taught to avoid the terminology of “disability” with hearing loss patients and focus instead on encouraging their patients to fight against their impediments. Ask your doctor to review the Social Security’s listing language and help identify practical hearing loss limitations that apply to you.
Please click on the link to access a hearing loss case study involving a 24-year-old male with severe hearing loss and ADHD.