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The Social Security Administration (SSA) doesn’t always make it easy for those with amyotrophic lateral sclerosis (ALS) to get the Social Security Disability Insurance (SSDI) or Supplemental Security Income benefits they deserve. If you have been denied a claim, contact our Florida Amyotrophic Lateral Sclerosis Disability Lawyer today. Many claims are denied because SSA says:
(1) Your medical condition doesn’t meet the requirements of or is the equivalent of a Medical Listing,
(2) You can return to the lightest job you held in the 15 years before you became disabled, or
(3) There is other work you can do in the mythical national economy based on your age, education, transferable skills and your residual functional capacity.
Not all cases of ALS are severe enough to make you eligible for Social Security Disability benefits, but Nancy L. Cavey has successfully represented many SSA applicants with ALS. She works to overcome the denial of the claim by working closely with you and your physician to show that you:
She offers a free initial consultation and welcomes the opportunity to speak with you about your Social Security disability claim.
ALS, often referred to as “Lou Gehrig’s Disease,” is a progressive neurodegenerative disease that affects nerve cells in the brain and the spinal cord. Motor neurons reach from the brain to the spinal cord and from the spinal cord to muscles throughout the body.
The initial symptoms of ALS can vary and change over time. The average survival time with ALS is three to five years.
Typical symptoms include:
Muscle weakness, seen in 60% of patients, can result in tripping, dropping things, fatigue of the arms and legs, slurred speech, muscle cramps and periods of uncontrollable laughing or crying.
Hands and feet initially may be affected, which can cause problems with walking and the use of hands.
ALS is one of the fast-tracked medical conditions in the Compassionate Allowances program. Your claim for Social Security disability benefits should be approved in a matter of weeks.
If you qualify for SSDI, there is a five-month waiting period after the onset of your disability before you can collect benefits. If you will qualify for SSI, those benefits are paid immediately. Nancy L. Cavey, our Florida Amyotrophic Lateral Sclerosis Disability Lawyer, will assist you every step of the way.
If you don’t qualify under the Compassionate Allowances program, ALS is included in the SSA’s “Listing of Impairments.” If you meet or have the equivalent of a Listing, your Social Security disability benefits will be awarded at Step 3 of the Five-Step Sequential Evaluation.
Your medical records must establish that you meet every element of the Listing for your ALS to be considered disabling. SSA will review your medical records and look for:
If you don’t meet or equal a listing, SSA will determine your entitlement to benefits based on medical and vocational criteria at Steps 4 and 5.
If your ALS doesn’t meet a listing, you will have to prove that you:
SSA or, ultimately an Administrative Law Judge, will answer those questions by determining your residual functional capacity. Your RFC is what you can do despite your ALS.
The SSA will review your medical records at the Initial Application and Reconsideration stage of the claims process and determine your functional capacity to perform sedentary, light, medium and heavy work.
SSA medical consultants often opine that a Social Security Disability applicant can do light and sedentary work, which will result in a claims denial. The lower your RFC the more likely that you can’t return to the lightest job you held in the last 15 years or perform other work.
SSA doesn’t tell applicants or physicians about the existence and importance of properly completed RFC forms that will explain:
This is not an exhaustive list of all of the questions on an ALS RFC form. But you can see that having an explanation of what you can do physically, cognitively and emotionally is key to winning your case.
Many SSA cases are lost because the applicant did not obtain an RFC or the right RFC form, or because their treating physician didn’t properly complete the RFC form. That is one of the many reasons you should have an experienced Social Security attorney like Nancy L. Cavey represent you in your claim.
Many claims are denied both at the Initial Application and Request For Reconsideration stages of the claims process.
At the hearing stage, the Administrative Law Judge will determine your RFC and give hypotheticals to the vocational evaluator (VE) who will testify at your hearing. The judge will ask the VE to take into consideration your RFC, as determined by the judge, your age, education and prior work experience in determining:
It is crucial that you are represented at a hearing to make sure the right questions are asked of the VE.
To be entitled to benefits, your ALS cannot interfere solely with your daily activities, it must interfere with your ability to work. If you no longer can work or your doctor has told you to apply for Social Security disability, you should hire Nancy L. Cavey to help you:
The SSA is in the business of denying claims and will use any reason to deny your benefits. The odds of getting your Social Security benefits are greater when you are represented by an experienced Social Security Disability attorney like Ms. Cavey.
ALS can make it difficult, if not impossible, to work. You owe it to yourself and your family to get help today. Ms. Cavey can explain the Five-Step Sequential Evaluation process used in every claim, the claims process and how to get your disability benefits. Contact our Florida Amyotrophic Lateral Sclerosis Disability Lawyer today for a free consultation at 727-894-3188.[/vc_column_text]