Case Strategy for Disability
Claims Based on Lupus

Lupus is can be identified by Social Security as a disabling condition. Lupus is a disease in which the body’s immune system attacks its own cells. Inflammation is one of the major symptoms of lupus.  Mild cases cause patients to experience sensitivity to sunlight, swollen joints, rashes, and fatigue.  In more severe cases patients can develop anemia, blood clotting, Raynaud’s syndrome, and problems with kidney function.

Lupus is a progressive disease that can have a variety of symptoms and they can limit a person’s ability to do many activities. One cannot get Social Security benefits just because they have lupus; they must prove that the disease is causing a major inconvenience or making it impossible for them to work.

Doctor’s observations and various lab tests are criteria used to prove that a person has lupus. Lab tests that document an elevated SED rate, abnormal kidney enzymes, or a positive ANA test are usually things that a judge needs to see during a Social Security hearing. Other things a judge needs to see during a Social Security hearing are medical documents of the symptoms, documentation of a history of treatment, and proof that the person has actually received treatment. Also the judge would need to see testimonial evidence to prove extreme fatigue due to the condition.

The two common ways to win Social Security benefits are to meet “listing 14.02 Systemic lupus erythematosus” and/or to prove that you meet the standard for residual functional capacity. In order to prove that someone meets the standard for residual functional capacity a person must prove that that because of their condition they will be unable to perform the most simple job in the job market.

Judges usually award lupus patients with Social Security benefits when they hear cases.  They often understand that lupus is a cureless, progressive, and chronic condition.  Problems sometimes arise if the doctor fails to document the disease based on criteria accepted by the medical community. It can also be a problem if the patient does not see a doctor regularly.