Personal Injury and Social Security Disability Blog

Featured Link - American Association Of People With Disabilities

The American Association of People With Disabilities (AAPD) is just what it sounds like — an organization of and for people with disabilities. There are some good resources and tips here. Here is their description:

AAPD is the largest national nonprofit cross-disability member organization in the United States, dedicated to ensuring economic self-sufficiency and political empowerment for the more than 50 million Americans with disabilities. AAPD works in coalition with other disability organizations for the full implementation and enforcement of disability nondiscrimination laws, particularly the Americans with Disabilities Act (ADA) of 1990 and the Rehabilitation Act of 1973.

Average Processing Times For Social Security Disability Claims

The list of the most recently available average processing times for Social Security disability claims throughout the nation has been published by NOSSCR. The Dallas and Forth Worth offices rank closer to the top than to the bottom, but processing times across the country are abysmal and unfair to claimants.

The times as of the first of March 2008 range from 258 days in Harrisburg, to 816 days in Indianapolis. Fort Worth ranks 43rd out of 143 offices, with an average processing time of 405 days. The North Dallas office ranks 57th, with an average processing time of 437 days, and the Downtown Dallas office ranks 66th, with an average processing time of 460 days.

Arthritis And Social Security Disability

According to the Arthritis Foundation, more than 27 million people are effected by Osteoarthritis and another 1.3 million people live with rheumatoid arthritis. These people can be your parents, your siblings, or even you!

Arthritis is broken up into two listings by Social Security. The first, Listing 1.02 for the Major dysfunction of a joint, covers disability caused by Osteoarthritis. Disability caused by inflammatory or rheumatoid arthritis is covered by Listing 14.09.

It is very difficult to meet a listing for osteoarthritis, particularly in a person under the age of 65. Generally, the best approach is to document the existence of osteoarthritis and then document the actual physical limitations it places on a claimant. These physical limitations are referred to as a claimant’s physical residual capacity to perform work related activities. They include activities such as sitting for a long period of time, standing for a long period of time, lifting, pushing and pulling, and walking.  Also, osteoarthritis often presents in the hands of a claimant. If the claimant has had a long history of performing desk jobs requiring manual dexterity, the claimant’s in ability to perform that type of work can be the basis for a finding of “disabled.”

The second listing covering arthritis is 14.09 for inflammatory arthritis. It should be noted that Rheumatoid Arthritis is found in the series of listings covering the immune system. That is because Rheumatoid or inflammatory arthritis is actually a systemic disorder, which can manifest itself in all parts of the body, not just the joints. It is however, most common in the joints. As with osteoarthritis it is very difficult to be found disabled based simply on the Listing for inflammatory arthritis. To be found to “meet or equal a listing” a claimant would have to provide a medically documented history of (1) joint pain, (2) joint swelling, (3) joint tenderness, (4) current joint inflammation, (5) occurring in two peripheral joints or one major weight bearing joint, (6) resulting in the inability to ambulate effectively or inability to perform fine or gross movements, and (7) ongoing for 12 months or being expected to end in death.

A finding of disabled based on rheumatoid or inflammatory arthritis, like osteoarthritis, is more likely to be based on a claimant’s decreased ability to perform work activities. A claimant needs to be prepared to offer credible testimony as to his or her ability to function in the workplace. What job function could the claimant not perform any longer? What adjustments or allowances did the claimant’s workplace make for him or her? Did the claimant need to rely on his or her co-workers for assistance? Additionally, arthritis is often treated with powerful steroids such as Prednisone, which can have severe side effects. The side effects of this type of medication are not in and of themselves disabling, but can be considered a contributing factor.

If you have arthritis and are considering seeking either SSI or SSDI you should first start going to the doctor for treatment. If you reach a point, after going to the doctor on a continual basis, that you cannot work, then contact Kraft and Associates at 214-999-9999 for a free consultation.

April 2nd Is World Autism Awareness Day

Today is World Autism Awareness Day. One of many good resources for family members of those with autism is the AutismSpeaks Web site. Here are excerpts from the Wikipedia entry on autism:

Autism is a brain development disorder that impairs social interaction and communication, and causes restricted and repetitive behavior, all starting before a child is three years old. This set of signs distinguishes autism from milder autism spectrum disorders (ASD) such as Asperger syndrome.^[1]

Autism is highly heritable, although the genetics of autism are complex and it is generally unclear which genes are responsible.^[2] In rare cases, autism is strongly associated with agents that cause birth defects.^[3] Other proposed causes, such as childhood vaccines, are controversial and the vaccine hypotheses lack convincing scientific evidence.^[4] Most recent reviews estimate a prevalence of one to two cases per 1,000 people for autism, and about six per 1,000 for ASD, with ASD averaging a 4.3:1 male-to-female ratio. The number of people known to have autism has increased dramatically since the 1980s, at least partly due to changes in diagnostic practice; the question of whether actual prevalence has increased is unresolved.^[5]

Autism affects many parts of the brain; how this occurs is poorly understood. Parents usually notice signs in the first two years of their child's life. Early behavioral or cognitive intervention can help children gain self-care, social, and communication skills. There is no cure.^[6] Few children with autism live independently after reaching adulthood, but some become successful,^[7] and an autistic culture has developed, with some seeking a cure and others believing that autism is a condition rather than a disorder.^[8]

Featured Link - The American Chronic Pain Association

The American Chronic Pain Association has a great deal of information and resources on their Web site. Many of our personal injury clients and Social Security disability claimants must deal with chronic pain for long periods of time, and sites like this help our clients cope with their pain.

Here is the Mission Statement of the American Chronic Pain Association:

• To facilitate peer support and education for individuals with chronic pain and their families so that these individuals may live more fully in spite of their pain.
• To raise awareness among the health care community, policy makers, and the public at large about issues of living with chronic pain.

Peripheral Arterial Disease And Social Security Disability

Arteries carry blood from the heart to the body. In some cases a person’s blood pressure can be too low to push the blood through the extremities. This problem is most commonly found in the lower extremities. When the blood supply is cut off or severely restricted to a body part, that part of the body “dies” and gangrene can set in, which can eventually lead to amputation. The condition in which your body does not push enough blood to your extremities is called Peripheral Arterial Disease.

Social Security recognizes Peripheral Arterial Disease as disabling under listing 4.12. The Listing requires intermittent claudication with at least one of the following:

1) A resting ankle/brachial systolic blood pressure ratio of less than .50
2) A decrease in systolic blood pressure at the ankle on exercise of 50% of pre-exercise level
3) A resting toe systolic pressure of less than 30 mm Hg
4) A resting toe/brachial systolic pressure ratio of less than .40

Typically, a person with Peripheral Arterial Disease will develop pain in the calf or thigh after walking a certain distance and the pain will increase to a level that causes that individual start limping or to stop walking all together. The limping is called claudication.

Most people with Peripheral Arterial Disease will not meet the listing as described. Instead, that person’s best chance to be found disabled will be to show that he or she cannot walk effectively to keep pace with others in the competitive job market.

If you think you have Peripheral Arterial Disease please go see a Doctor immediately! The doctor will perform tests such as Arteriograms and Doppler Studies. If you are found to have Peripheral Arterial Disease then you will need the results of the tests to support your claim for disability. If you have any questions please contact our office at 214-999-9999.

Disorders Of The Spine And Social Security Disability

Many people have back pain. According to the American Chiropractic Center at least 80% of people will suffer from some sort of back pain.

Back problems are generally covered by Social Security Listing 1.04 for “Disorders of the Spine.” The listing covers three causes of back pain. The first requires evidence of nerve root compression and “neuro-anatomic distribution of pain” along with limitations in range of movement, muscle strength, and sensory loss. Generally, if a person has the type and severity of back pain suggested by this portion of the listing, that person is probably on the way to the hospital!

The second type of back pain considered by Social Security is Spinal Arachnoiditis. Spinal Arachnoiditis is an inflammation of the arachnoid, which is a thin layer of tissue covering the spinal cord. This inflammation can be caused by injury, infection, surgery, or even injections into the spine. Since spinal arachnoiditis does not usually show up on MRIs, it can be hard to prove. The best evidence of arachnoiditis is a biopsy of the tissue itself.

The most commonly addressed form of back pain is Spinal Stenosis, which is covered by section C of the listing. Spinal Stenosis can be shown by MRI, CT scan, or myelogram. Stenosis is an abnormal narrowing of the spinal canal, which eventually, presses the spinal column onto the nerve roots causing severe and unremitting pain. Depending on where the stenosis is occurring in the spine (Cervical, Thoracic, or Lumbar), an individual can have symptoms such as numbness in the fingers, hands, legs, or feet, and difficultly walking.

It is not enough for a claimant to simply allege “back pain” as a reason for disability. Social Security needs objective medical evidence. This evidence can be in the form of tests and laboratory findings, as discussed previously, or objective physical reviews from physicians, preferably physicians specializing in Disorders of the Spine. Those treating physicians should also provide the potential claimant with an evaluation of physical limitations and work related restrictions.

If you have become disabled due to back pain, the first step should be meeting with and discussing your back pain with a doctor. Once you have undergone a thorough examination by the doctor, and the doctor suggests that your spine disorder is severe, you may want to apply for Social Security Benefits. If you want more information on this subject, please do not hesitate to call our office at 214-999-9999 or 817-999-9999.

Central Nervous System Vascular Accident And Social Security Disability

A Central Nervous System Vascular Accident, generally called a stroke, can have devastating long term effects. It can cause problems with a victim’s speech, movement, vision, hearing and even the ability to understand. According to a 2005 government survey, the results of which were released early in 2008, stroke was the third leading cause of death in all people.

Social Security recognizes Central Nervous System Vascular Accident (CVA) as a disabling condition. Social Security is primarily concerned with a Claimant’s functional limitations after a stroke. A stroke victim may be unable to stand for long periods of time, walk effectively to keep pace with other workers, have full use of their arms and fine motor skills, etc. Additionally, some people who have a stroke will have problems speaking (Aphasia) to and understanding others. All of these factors will be considered by Social Security.

If you or someone you know has had a stroke and is considering Social Security Disability, you should contact a Social Security Attorney. A good Social Security Attorney will be able to meet with you and examine your medical records to determine if you meet a Social Security Listing or if you qualify under the Medical-Vocational Rules.

Bipolar Disorder And Social Security Disability Benefits

Bipolar disorder is a mental disorder which results in extreme emotional changes and mood swings. Most people with Bipolar disorder alternate between extreme “Highs” (in which their mind races and they sometimes engage in bizarre and irrational behavior) to deep Lows” (in which they have suicidal thoughts and unhappiness).  According to the National Institute for Mental Health, bipolar disorder affects over 2 million people.  The age of diagnosis can range from adolescence into the early twenties. Bipolar Disorder can also lead to alcohol and drug abuse as a person tries to self-medicate. Sometimes an individual will meet with three or four mental health professionals before being correctly diagnosed!

Bipolar disorder is recognized as a Disability by Social Security. However, if a person with Bipolar disorder wants to seek Social Security Disability benefits, it is very important that the individual receive regular treatment. This treatment should include visits to a mental health clinic for counseling and medication. Information regarding an individual’s work history should also be gathered. Failed work attempts can be strong evidence of a person’s mental disease, especially when the work attempt ended due to impulsive behavior or a lack of reliability.

If you or someone you know is suffering from Bipolar Disorder, or any other mental disorder, and they can no longer maintain employment, please have them contact us at 214-999-9999. We can give you additional information.

A New Way To Locate Missing Alzheimer Patients

A new company has come up with what seems to be a unique solution for the increasing problem of Alzheimer patients who wander away. The company provides a wristband that can be remotely activated, and will then link to a GPS satellite and reveal the location of the patient. Check it out at EmFinders.com.

The EmFinders solution combines two critical technology elements:

●         FCC-mandated network technology and

●        The new generation of low-cost, small, and efficient wireless devices

The EmFinders' solution enables a caregiver to remotely activate 911 emergency location features on a discrete wireless device that is worn or carried by a person under their care, as depicted in the diagram below. 

The EmFinders' solution is designed to leverage existing emergency responder technologies and processes, so municipalities are not required to install new systems. The core capabilities of this solution have been demonstrated and verified through joint testing with the Alzheimer’s Association and Public Safety communications officials.