Remember, winning your social security disability case based on vascular disease is all about proving how your illness keeps you from being able to work. In order to do this, you really have to show the physical (or mental) limitations that result from your illness.
In vascular disease cases, the main debilitating factors have top do with pain. In some cases, such as in cases where a claimant has a traveling blood clot, there can be mental disabilities as well. But for the most part, physical activities are limited and the claimants are in great pain.
The most common vascular diseases we see are Deep Vein Thrombosis (DVT) and Peripheral Artery Disease (PAD). Other less common vascular disease claims include claims arising from intestinal ischemic syndrome, lower extremity ulcers, and other diseases of the blood vessels.
There are two main strategies or arguments that an be used to win a vascular disease case. You can either 1) meet the listing or 2) make a functional capacity argument which basically shows that your functional capacity is less than sedentary. The former involves meeting a medical definition established by the SSA and the latter involves proving that your conditions prevent you from being able to function in a simple-entry-level, sit-down job.
Meet a Listing
You can find the listings for vascular diseases at 4.00 - cardiovascular system.
You will see that both DVT and PAD are described.
In vascular disease cases, whether you meet a listing is pretty cut and dry. In order to meet a listing, you basically have to have specific diagnostic test results that meet Social Security’s requirements.
Unfortunately, sometimes people would meet the listing but have no way of knowing since they cannot necessarily afford the aforementioned tests.
In such cases, that’s when we make the functional capacity argument. We also make the functional cpacity argument for people who do not necessarily meet the listing but are still nevertheless disabled by their vascular disease.
The Functional Capacity Argument
In order to win your vascular disease disability case using the functional capacity argument, you must be able to show the limitations (also known as functional limitations) that arise as a result of your condition.Some work limitations in a vascular disease case may include:
- limitations on how long you can walk
- limitations on how long you can stand
- limitations on how long you can sit in one place comfortable without having to get up and move around
- medical necessity to elevate one or both legs to heart level or above every x hours, for x hours
- pain that rises to a level that significantly interferes with attention and concentration (ex. pain at level 8 that lasts 45 to 90 minutes five times a week)
- stress, depression and anxiety that interferes with attention, concentration, focus and pace of work because of omnipresent threat of traveling blood clot or sudden death
- swelling of legs and feet that causes high level of pain and discomfort
In my practice, I will modify a standard functional capacity form to include the limitations that over the years I find naturally flow from vascular disease cases. If I can get a treating doctor to fill out this form (sometimes with help from me) my chances of winning my client’s case go way up.
Other factors that always help my client’s cause include:
- a long and consistent work history
- my client’s stated desire to return to work and avoid being labeled as “disabled”
- consistent medical treatment
- support from treating physicians