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The Social Security Administration (SSA) doesn’t always make it easy for those with Crohn’s disease (Crohn’s) to get the Social Security Disability Insurance (SSDI) or Supplemental Security Income benefits they deserve. If you have been denied, contact our Florida Crohn’s Disease Disability Lawyer. Many claims are denied because SSA says:
Not all cases of Crohn’s are severe enough to make you eligible for Social Security Disability benefits. But Nancy Cavey has successfully represented many SSA applicants with Crohn’s. She works to overcome the denial of the claims 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.
Crohn’s disease is an inflammatory bowel disease that can involve different areas of the digestive tract.
The inflammation of the lining of your digestive tract can spread to the layers of your bowel tissue, which can lead to life-threatening complications.
The disability carrier will accept certain studies as objective basis of the diagnosis, but these studies do not document the severity of your restrictions and limitations. It is key that your symptoms be developed in your medical records and your physician comment on how those symptoms cause restrictions and limitations on your ability to work.
Crohn’s can involve the last part of your small intestine, called the ileum, or the colon, which is part of your large intestine.
The range of symptoms can be mild to severe, and you may have periods of time that you have no symptoms.
Common symptoms can include:
It can be difficult to work with these symptoms or the side effects of treatment.
Crohn’s is evaluated under the inflammatory bowel disease listing found in the SSA’s “Listing of Impairments.” If your Crohn’s meets or equals a Listing, your Social Security disability benefits will be awarded at Step 3 of the Five-Step Sequential Evaluation process.
Your medical records must establish that you meet every element of the Listing for your Crohn’s to be considered disabling. SSA will review your medical records and look for the following:
If your Crohn’s doesn’t meet or equal a listing, SSA then will determine your entitlement to benefits based on medical and vocational criteria at Steps 4 and 5.
If your Crohn’s doesn’t meet or equal 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 Crohn’s.
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, and that 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 a Crohn’s 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 by our Florida social security disability attorney at a hearing to make sure the right questions are asked of the VE.
Crohn’s interferes not only with your daily activities but 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 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 Florida Crohn’s Disease Disability Lawyer like Ms. Cavey.
You owe it to yourself and your family to get help today for your Crohn’s Social Security Disability claim. 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 Crohn’s Disease Disability Lawyer today for a free consultation at 727-894-3188.