If My Cardiovascular Condition Doesn’t Meet the Listing, Can I Try to Prove That My Condition Equals a Listing?
Yes! The Social Security Administration (SSA) evaluates whether or not your medical condition equals a listing under 20 C.F.R. §§ 404.1526 and416.926. This requires the SSA to consult with a SSA medical expert before reaching a conclusion regarding equivalence.
It is also helpful if your cardiologist comments on the equivalence by using the New York Heart Association Functional Classifications.
Which Two Categories of the New York Heart Association Functional Classification Will Work?
Category III requires:
(1) marked limitation of physical activity with you being comfortable at rest,
(2) Less than ordinary activity causes fatigue, palpitation, or shortness of breath.
Alternatively, Category IV requires that you:
(1) are unable to carry on any physical activity without discomfort,
(2) You have symptoms of heart failure at rest, and
(3) if any physical activity is undertaken, discomfort increases.
It’s crucial that your medical records document your persistent symptoms of heart failure, how those symptoms limit your ability to initiate, sustain or complete activities of daily living and your status at rest.
Are There Other Important Factors?
Yes! The Social Security Administration is also required to consider co-morbid conditions such as obesity in determining whether or not your cardiovascular condition meets a listing.
What Should I Do if I’m Told My Cardiovascular Condition Doesn’t Meet A Listing?
If you live in the Tampa Bay Area, you should contact Social Security Disability Attorney Nancy Cavey for your complimentary consultation to learn more about your rights to Social Security Disability benefits as a result of a cardiovascular impairment.
If your claim has been denied don’t delay you only have 60 days in which to file a request for reconsideration or a request for hearing.
Call today at 727-894-3188.